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PART XI

TRANSITIONAL PROVISIONS

143. Definition.

(1) In this, Part unless the context otherwise requires- "former roll" means the roll of advocates and solicitors kept under section 3 of the Ordinance. "Local Bar Committee" and "Bar Council" shall have the meanings assigned to these expressions in the Ordinance.

(2) This Part shall have effect notwithstanding anything to the contrary in any other provisions of this Act.

144. Nomination of members of Board.

(1) The respective authorities mentioned in section 7 shall nominee persons to be members to the Board in accordance with that section within one month of the coming into operation of Part II.

(2) The terms of office of members of the Board other than the Attorney General shall commence on the day when the Board first meets for the dispatch of business.

145. Registrar to transfer to the Roll the names of advocates and solicitors.

(1) The Registrar shall transfer to the Roll the names of all advocates and solicitors on the former roll with the dates in the order of their respective admissions.

(2) The Registrar in making such transfer may omit the names of any person known to the Registrar to be deceased or not ordinarily resident in Malaysia.

(3) Any person whose names have been wrongly or inadvertently omitted may apply to the Registrar to have his name entered and the Registrar shall forthwith enter the applicant's name, upon the Roll.

(4) Every person whose name has been entered on the Roll under this section shall, until the contrary is proved, be deemed to have been duly admitted under this Act.

(5) Section 107 shall apply to any person whose name was removed from, or struck off, the former roll.

146. Definition.

(1) In this section the expression "pending petition" shall mean-

(a) a petition filed pursuant to subsection (2); or

(b) a petition filed before the coming into operation of Part II in which no order for the admission of the petitioner has been made when Part II comes into operation.

(2) Notwithstanding the repeal of the Ordinance, any qualified person who is desirous of filing a petition for admission before the Board is constituted may do so under the Ordinance.

(3) Subject to this section, sections 5 to 9 of the Ordinance shall apply to every pending petition.

(4) Sections 27 and 28 shall apply to every pending petition.

(5) If no order for the admission of a petitioner in a pending petition is made before the expiry of twelve months of the coming into operation of this Act or such extended period as the Court may allow that pending petition shall be deemed to have lapsed.

147. Certificate issued under section 26 deemed practising certificate.

A certificate issued under section 26 of the Ordinance shall, subject to the provision relating to the suspension of practising certificates in this Act and notwithstanding any date endorsed thereon, be deemed to be a practising certificate issued under section 29.

148. Bar Council and Committee holding office at the date of coming into force of this Act.

The Bar Council and the State Bar Committee holding office at the date of the coming into operation of Part V shall remain in office until meetings have been held and elections of new State Bar Committees and a new Bar Council have taken place in the manner and at the times provided in this Act.

149. Assets and property of Bar Council and Local Bar.

All property and assets of the Bar Council and the State Bar Committees shall, upon the coming into operation of Part V, be vested in the Bar Council and the State Bar Committees respectively without further act or formality.

150. Saving.

(1) All applications and complaints made under section 27, 28 and 30 of the Ordinance and all proceedings before a Disciplinary Committee appointed under the Ordinance or before the court under section 31 of the Ordinance shall proceed as though the applications or complaints were made or the proceedings commenced under this Act, and for the purposes of this section any Disciplinary Committee appointed under the Ordinance shall be deemed to be a Disciplinary Committee appointed under this Act.

(2)This Act shall apply to all applications, complaints and proceedings, and in the event of any doubt or difficulty application shall be made by way of originating summons to a judge for directions, and any order made by a judge under this section shall not be the subject of appeal and shall for all purposes he deemed to be under this Act.

151. Provisions of Advocates and Solicitors Ordinance to apply in respect of remuneration of advocates and solicitors until general orders made under the Act.

Until general orders prescribing and regulating the remuneration of advocates and solicitors in respect of noncontentious business are made under section 113 their remuneration shall be regulated in accordance with the Ordinance.