Lawyerment - Case and Codes - Legal Profession Act 1976

(2) The Advocates Ordinance of Sabah and the Advocates Ordinance of Sarawak shall be repealed on the coming into operation of this Act in Sabah and Sarawak.

SCHEDULE (Section 88)

CONTROL OF PROPERTY OF AN ADVOCATE AND SOLICITOR IN CERTAIN CASES

(1) The Bar Council may require the production or delivery to any person appointed by the Bar Council at a time and place to be fixed by the Bar Council, end may take possession of all deeds, wills, documents constituting or evidencing the tide to any property, papers, books of account, records, vouchers and other documents in the possession or control of the advocate and solicitor or his firm, or relating to any trust of which he is a sole trustee or is Co-trustee only with one or more of his partners, clerks or servants.

(2) If any person having possession or control of any such document fails to comply forthwith with any such requirement-

(a) he shall be guilty of an offence and shall on conviction be liable on summary conviction to a fine not exceeding five hundred Ringgit; and

(b) the High Court or a Judge may on the application of the Bar Council order that person to comply with the requirement within such time as may be specified in the order, and may at the same time order that on that person's failure to comply with the requirement one or more officers of the Bar Council, or one or more persons appointed by the Bar Council for the purpose, may forthwith enter upon any premises (using such force as is reasonably necessary for the purpose) to search for, and take possession of, the documents referred to in the foregoing paragraph.

(3) Upon the taking possession of such documents, the Bar Council shall serve upon the advocate and solicitor and every person from whom those documents were received, or from whose premises they were taken by virtue of an order made under paragraph 2, a notice giving particulars and the date of taking possession thereof.

(4) Any requirement or notice under this Schedule shall be made in writing under the hand of such person as may be appointed by the Bar Council for the purpose and may be served on any person either personally or by forwarding it by registered letter addressed to his last known place of business or residence.

(5) Within fourteen days after the service of a notice under paragraph 3, the advocate and solicitor or other person upon whom the notice was served may apply to a Judge in chambers for an order directing the Bar Council to return those documents to the person from whom they were received, or from whose premises they were taken as the case may be, by the Bar Council or to such other person as the applicant may require, and on the hearing of any such application the Judge may make such order with respect to the matter as he may think fair and reasonable.

(6) If no application is made under paragraph 5 or if the Judge to whom any such application is made directs that the documents shall remain in the custody or control of the Bar Council, the Bar Council may make inquiries to ascertain to person to whom those documents belong and may deal with those documents in accordance with the directions of that person; Provided that, before dealing with the documents, the Bar Council may take copies of, or of extracts from, any of the documents.

(7) The High Court or a Judge thereof may, on the application of the Bar Council order that no payment shall be made, without the leave of the High Court or a Judge, by any banker named in the order out of any banking account in the name of the advocate and solicitor or his firm.

(8) In any case where the Bar Council has taken possession of documents under paragraph 1, and has not been required to return them by virtue of paragraph 5 the following paragraphs shall apply, but without prejudice to the application of paragraph 16 so far as it affects any of the paragraphs preceding it.

(9) The Bar Council may, on a resolution in that behalf made by the Council take control of all sums of money due from the advocate and solicitor or to his firm, or held by him or his firm on behalf of, his or his firm's clients or subject to any trust of which he is the sole trustee or CO-trustee only with one or more of his partners, clerks or servants, and for that purpose the Bar Council shall serve on the solicitor or his firm, and, except where section 9B applies, on any banker and on any other person having possession or control of any such sums of money a notice, together with a certified copy of the resolution, prohibiting the payment out of such sums of money otherwise than pursuant to paragraph 11 or 12.

(10) Within fourteen days of the service of a notice under paragraph 9 the advocate and solicitor or his firm, or the banker or other person upon whom the notice was served, may apply to a Judge in chambers for an order directing the Bar Council to withdraw the notice, and on the hearing of the application the Judge may make any order with respect to the matter as he may think fair and reasonable.

(11) Subject to the service of any notice under paragraph 9, and to any application that may be made under paragraph 10, the Bar Council or any person in that behalf appointed by the Bar Council may withdraw the moneys, or from time to time any part of the moneys, in any banking account in the name of the advocate and solicitor or his firm due to be held on behalf of his client, and pay them into a special account or special accounts in the name of the Bar Council or such person appointed by the Council and may operate, and otherwise deal with, such special account or accounts as the advocate and solicitor or his firm might have operated on, or otherwise deal with, the banking account; Provided that a banker with whom any such special account or accounts is or are kept shall be under no obligation to ascertain that account or those accounts is or are being so operated or otherwise dealt with.

(12)

(1) Subject to paragraphs 10 and lithe Bar Council may serve a notice on the advocate and solicitor, or his firm, or banker or other person upon whom a notice has been served under paragraph 9, directing that, immediately after the expiration of eight days from the service of the first-mentioned notice, such moneys as are referred to in that notice be transferred in accordance with the directions of the Bar Council: Provided that-

(a) no such directions shall be given by the Bar Council except with the approval of the person to whom the moneys belong, being in the case of a trust the trustee, and, where the advocate and solicitor is the sole trustee of a trust or a Co-trustee thereof with one or more of his partners, clerks or servants, the person beneficially entitled to the moneys; and

(b) the person upon whom the first-mentioned notice has been served shall be under no obligation to ascertain whether any approval has been obtained.

(2) In any case where the Bar Council is unable to ascertain the person to whom the moneys belong or where the Bar Council otherwise thinks it expedient so to do, the Bar Council may apply to the High Court or a Judge thereof for directions as to the transfer of moneys.

(13) If any person fails to comply with the requirements of any notice given under paragraph 9 or 12-

(a)he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred Ringgit; and

(b)the High Court or a Judge thereof may, on the application of the Bar Council, order that person to comply with requirements of the notice within the times as may be specified in the order.

(14) Subject to any order for the payment of costs that may be made on an application under paragraph 2, 5, 7, 10, 12(2) or 13, any costs incurred by the Bar Council for the purpose of this Schedule shall be paid by the advocate and solicitor and shall be recoverable from him as a debt owing to the Bar Council.

(15) If any claim or charge is made or any proceeding is taken against the Bar Council or its servants or agents for any act or omission by the Bar Council or its servants or agents done or made by it or them in good faith and in the execution or purported execution of the powers conferred or duties imposed on it or them under or by virtue of this Schedule, the Bar Council, or its servants or agents, as the case may be, shall be reimbursed out of the Compensation Fund for all or any costs or damages which it or they may have incurred in relation to the claim, charge or proceeding.

(16) The Bar Council may make regulations with respect to the procedure to be followed in giving effect to paragraphs 1, 3, 4, 6, 9, 11 and 12(1) and with respect to any matters incidental, ancillary or supplementary to those provisions.