Malaysia legislation

Section 15

of KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (PROSIDING TATATERTIB) 2024

Seksyen 15

(1)

Where, after considering a complaint under subrule 14(2), it appears to the

Disciplinary Board that—

(a)

the Peguam Syarie concerned has admitted to the misconduct or to the material facts establishing the misconduct;

(b)

no sufficient cause exists for a formal investigation but the

Peguam Syarie concerned should be subjected to the penalty mentioned in paragraph 82(1)(a) or (b) of the Act; or

P.U. (A) 212 50

(c)

the material facts establishing the misconduct are obvious and do not warrant further investigation, the Disciplinary Board may deal with the complaint immediately and impose the appropriate penalty or punishment provided for in subsection 82 (1) of the Act.

(2)

Notwithstanding subrule (1), the Disciplinary Board may also make an order of restitution as provided for in subsection 82(2) of the Act.

(3)

The Disciplinary Board shall, before imposing any penalty or punishment under subrule (1) or making any order of restitution under subrule (2), notify the Peguam Syarie concerned of its intention to do so and give the Peguam Syarie concerned a reasonable opportunity to be heard.

Investigation of complaints