Main Category

• Library > Legal Subjects > Law of Malaysia > Case and Codes > Professions

Related Category

• Legal Professionals > Rulings
• Legal Professionals > Bar Council
• Legal Professionals > Practice and Etiquette Rules

Related Topics

• Constitution

PART IIA*

SPECIAL PROVISIONS RELATING TO ADMISSION OF ADVOCATES AND SOLICITORS

28A. Attorney General's power to issue Special Admission Certificates.

(1) The Attorney General may issue a special certificate for admission as an advocate and solicitor of the High Court (hereinafter referred to as a "Special Admission Certificate" to any person who, in his opinion, satisfies the following requirements:

(a)

(i) is a qualified person; or

(ii) is not a qualified person, but is in possession of a qualification which renders him eligible to practise as a barrister, or as a solicitor, or as an advocate and solicitor, or otherwise as a legal practitioner by whatever name called, or to be employed in a legal or judicial capacity in the service of any government, in any country, or in a part or division of any country, or in any territory or place, outside Malaysia; and

(b) has been practising as a barrister, or as a solicitor, or as an advocate and solicitor, or otherwise as a legal practitioner by whatever name called, or has been employed in a legal or judicial capacity by any government or by any authority, organisation or body, constituted under any law, or has been sometimes so practising or sometimes so employed, wholly or partly within Malaysia or wholly or partly outside Malaysia, for a period of, or for periods which amount in the aggregate to, not less than seven years.

(2) Where the Attorney General issues a Special Admission Certificate he shall specify therein the period for which the person issued with such Certificate shall be admitted as an advocate and solicitor.

(3) A Special Admission Certificate shall be conclusive evidence that the requirements of paragraphs (a) and (b) of subsection (1) have been satisfied, and the validity of such Certificate shall not be reviewed or called in question in any court.

(4) In subsection (1) - "government" includes-

(a) the Government of Malaysia;

(b) the Government of any State in Malaysia; and

(c) the government of any country, or of a part of division of any country, or of any territory or place, outside Malaysia;

and "law" includes-

(i) written law as defined in section 3 of the Interpretation Act 1967; and

(ii) the law of any country, or of a part or division of any country, or of any territory or place, outside Malaysia.

28B. Admission and enrollment as an advocate and solicitor of a person issued with a Special Admission Certificate.

(1) A person issued with a Special Admission Certificate may apply by ex-parte originating summons to a Judge of the High Court in Chambers to be admitted as an advocate and solicitor of the High Court.

(2) A Judge hearing an application under subsection (1) shall, upon being satisfied as to the genuineness of the Special Admission Certificate and the identity of the applicant, admit the applicant as an advocate and solicitor of the High Court for the period specified in the Certificate, and a person so admitted as an advocate and solicitor shall be enrolled and given an instrument of admission under section 28.

(3) The admission and enrollment of a person as an advocate and solicitor under subsection (2) shall not be reviewed or called in question in any court.

(4) An advocate and solicitor admitted under subsection (2) shall be entitled to renew his admission from time to time upon presenting to the Registrar within a period of two months before the expiry the period of admission or renewed admission, as the case may be, a Certificate of Renewal issued by the Attorney General at the discretion of the Attorney General: Provided that, with the leave of the Attorney-General in writing, the Certificate of Renewal may be presented to the Registrar at any time after the expiry of the period of admission or renewed admission, as the case may be.

(5) A Certificate of Renewal issued under subsection (4) shall be for renewal of the admission or the renewed admission, as the case may be, for such period as may be specified in such Certificate, and the renewal under subsection (4) shall accordingly be for the period so specified.

(6) The validity of a Certificate of Renewal issued under subsection (4) shall not be reviewed or called in question in any court.

(7) The provisions of sections 10 to 19, both inclusive, shall not apply to the admission of a person as an advocate and solicitor under this Part, or to the renewal of the admission or the renewal admission, as the case may be, of such advocate and solicitor.

28C. Provisions as to Sijil Annual not to apply to an advocate and solicitor admitted under this Part.

The provisions of sections 32 and 33, or any other provisions of this Act relating to a Sijil Annual, shall not apply to an advocate and solicitor admitted under this Part.

28D. Power of Attorney General to make orders.

The Attorney General may, by order published in the Gazette, make such provision as he may deem necessary or expedient for giving effect to the provisions of this Part or carrying out its purposes, and without prejudice to the generality of the foregoing, an order made under this section may provide for-

(a) any supplemental, incidental or consequential matters in relation to this Part;

(b) the removal of any difficulty or anomaly whatsoever in any provision of this Act or in any other written law, or otherwise, that may be occasioned by any provision or provisions in this Part.

28E. Provisions of this Part to prevail.

The provisions of this Part or of any order made under this Part shall have effect notwithstanding anything to the contrary or inconsistent therewith contained in any provision of this Act other than this Part, or in any other written law, and the provisions of this Act (other than this Part) or of any other written law shall be read-

(a) mutatis mutandis with the provisions of this Part and of any order made under this Part; and

(b) with all such modifications, adaptations, alterations or changes whatsoever as may be necessary to have the same to accord with the provisions of this Part and of any order made under this Part.