Syarie Legal Profession (Federal Territories) Act 2019 · Updated to 5 Oct 2024 · Part VIII · Professional Practice, Etiquette, Conduct and Discipline of Peguam Syarie
72. Making arrangements when Peguam Syarie is suspended from practice
Feedback & supportWhere the name of a Peguam Syarie is removed from the Register or a Peguam Syarie is suspended from practice, the Peguam Syarie shall, within twenty-one days from the material date, satisfy the Majlis Peguam
Peguam Syarie
“Peguam Syarie” means a Peguam Syarie who has been admitted as Peguam Syarie in the Syariah High Court and who has been registered under section 24;
Syarie that he has made suitable arrangements for making available to his client or to some other Peguam Syarie instructed by his client or by himself—
client
“client” includes— (a) in relation to a contentious business— (i) any person who as a principal or on behalf of another person retains or employs a Peguam Syarie; and (ii) any person who is or may be liable to pay a Peguam Syarie’s costs; or (b) in relation to a non-contentious business— (i) any person who, as a principal or on behalf of another, or as a trustee, executor or administrator, or in any other capacity, has express or implied power, to retain or employ a Peguam Syarie; and (ii) any person for the time being liable or may be liable to pay a Peguam Syarie’s costs for his services;
all deeds, wills, documents constituting or evidencing the title to any property, papers, books of account, records, vouchers and other documents in the possession or control of the Peguam Syarie or his firm, partner or employee or relating to any trust of which he is a sole trustee or co-trustee with one or more of his partner or employee; and
all sums of money due from him or his firm to his client, or held by him or his firm on behalf of his clients or subject to any such trust under paragraph (a).
If the Peguam Syarie fails to give an explanation that satisfies the
Majlis Peguam Syarie, the provision of the Third Schedule to the Act shall apply to the Peguam Syarie.
In subsection (1), “the material date” means the latest of whichever of the following dates:
the date when the order of the Disciplinary Board or the Syariah
High Court by or in pursuance of which the Peguam Syarie’s name is removed or struck off from the Register, or the Peguam Syarie is suspended from practice, is to take effect;
the last date on which an appeal against the order in paragraph (a)
may be lodged; or
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the date on which an appeal under paragraph (b) is dismissed or withdrawn.
In this section and the Third Schedule to the Act, the words “trust” and
“trustee” have the same meaning as in subsection 65(4).