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• Constitution

PART III

PRACTISING CERTIFICATES

29. Advocate and solicitor to make declaration yearly.

(1) Every advocate and solicitor shall in each year he does any act in the capacity of an advocate and solicitor deliver or cause to be delivered to the Registrar:

(a) a declaration in writing stating-

(i) his full name;

(ii) the name under which he practises or the name of the advocates and solicitors or firm of advocates and solicitors employing him; and

(iii) the principal and any other address or addresses at which he practices in Malaysia;

(b) the last Sijil Annual or a true copy thereof, if any, issued to him by the Bar Council, and

(c) the prescribed fee, and the Registrar shall on being satisfied that all the necessary documents are in order and that the firm* name under which the advocate and solicitor is practising is on the register maintained under section 85(1) issue to the advocate and solicitor a practising certificate.

(2) Subject to subsection (3), every practising certificate shall be signed by the Registrar and shall be valid from the date of issue to the end of the year: Provided that-

(a) where the name of an advocate and solicitor is removed from, or struck off, the Roll the practising certificate, if any, of that advocate and solicitor shall expire forthwith and the date of such expiration shall be entered by the Registrar on the Register of Practitioners;

(b) where an advocate and solicitor is adjudicated bankrupt or a receiving order is made against him, the practising certificate, if any, of that advocate and solicitor shall be suspended forthwith, until the consent of the Bar Council to reinstate it is obtained.

(3) Where an advocate and solicitor has duly complied with the provisions of subsection (1) in the month of January of any year, the practising certificate issued to him in respect of that year shall be deemed to have been in operation from the 1st day of January of that year.

(4) In this section the word "year" shall mean the period from the 1st day of January in any calendar year to the 31st day of December in the same calendar year.

30. Disqualification for practising certificate.

(1) No advocate and solicitor shall apply for a practising certificate-

(a) unless he is practising or intends to practice either on his own account or in partnership in Malaysia; or

(b) unless he is or is about to be employed full time in his practice in Malaysia by an advocate and solicitor or a firm of advocates and solicitors in practice in Malaysia; or

(c) if he is gainfully employed by any other person, firm or body in a capacity other than as an advocate and solicitor.

(2) For the purpose of this section a qualified person shall not be construed as being gainfully employed if he is serving in the Judicial and Legal Service.

(3) Any qualified person who is gainfully employed in accordance with paragraph (c) of subsection (1) shall surrender his practising certificate to the Registrar.

31. Register of Practitioners.

(1) Upon the issue of every practising certificate the Registrar shall cause to be entered in an annual register known as the Register of Practitioners, the particulars contained in the declaration delivered under section 29(1)(e), and any person may inspect the Register of Practitioners during office hours without payment.

(2) If there is any change with respect to any advocate and solicitor in the particulars referred to in subsection (1) that advocate and solicitor shall within one month thereafter notify the Registrar and the Bar Council, and the Registrar shall thereupon cause the entry to be made in respect of that advocate and solicitor in the Register of Practitioners.

32. Issue of Sijil Annual.

(1) Subject to this section and sections 33 and 34, the Bar Council shall at any time after the month of June in the preceding year issue a Sijil Annual to an advocate and solicitor within twenty-one days of the receipt of an application under subsection (2) if-

(a) the Bar Council is satisfied that the application complies with that subsection and any rules made under this section;

(b) the Bar Council is satisfied that the applicant is not prohibited from holding a practising certificate under section 30;

(c) the advocate and solicitor has delivered or is exempted from delivering an accountant's report in accordance with section 79;

(d) the advocate and solicitor is not in arrears in respect of any contribution to the Compensation Fund, or of any subscription or levy lawfully due to the Bar Council or his State Bar Committee under this Act; and

(e) the advocate and solicitor intends to practise under an approved name.

(2) An application by an advocate and solicitor for a Sijil Annual shall be made in such form or forms as may be prescribed by and in accordance with rules made under this section and shall be accompanied by appropriate certificates showing that subsection (1)(d) has been complied with.

(3) Disciplinary proceedings may be taken against any advocate and solicitor if in, or in relation to, an application under this section he makes a false statement material to the application. *

(4) Subject to this Act, the Bar Council may make rules regulating the issue of Sijil Annual.

(5) Any rules made by the Bar Council under this section shall be signed by the Chairman of the Bar Council.

33. Issue of Sijil Annual in certain conditions.

(1) Subsection (2) shall have effect with respect to an application for a Sijil Annual made by an advocate and solicitor-

(a) after more than twelve months have elapsed since his admission and where he has held no valid practising certificate during that period;

(b) who has held a practising certificate subject to terms and conditions at any time in the three years immediately preceding his application,

(c) after more than twelve months have elapsed since he held a valid practising certificate;

(d) after the Disciplinary Committee has ordered a penalty or costs to be paid by him;

(e) when having been suspended from practice or having had his name removed from the Roll or struck off the Roll the period of suspension has expired or his name has been restored to the Roll, as the case may be;

(f) whilst he is an undischarged bankrupt or a receiving order in bankruptcy is in force against him;

(g) after having been adjudicated a bankrupt and obtained his discharge or after having entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors;

(h) after having had an order of committal or an order for the issue of a writ of attachment made against him.

(2) In any of the circumstances mentioned in subsection (1), the applicant shall, unless a Judge or the Bar Council otherwise orders, give to the Bar Council not less than four weeks before his application for a Sijil Annual notice of his intention to apply therefor and the Bar Council may in its discretion-

(a) issue a Sijil Annual; or

(b) notify the applicant that he is required to make an application under section 34.

34. Applicant to apply to Court.

(1) An advocate and solicitor who is required to make an application under this section or any advocate and solicitor who is dissatisfied with the refusal, neglect or delay in the issue to him of a Sijil Annual may apply to a Judge by originating summons for an order directing the Bar Council to issue him with a Sijil Annual.

(2) A Judge hearing an application under this section may make an order for the payment of costs by or to either Bar Council or the applicant as he considers fair and reasonable.