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Home arrow Governing Laws arrow Legal Profession Act 1976 arrow Section 18. Admission in special cases
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Section 18. Admission in special cases PDF Print E-mail

(1) Notwithstanding anything contained in this Act, the Court may, for the purpose of any one case and subject to the following subsections, admit to practise as an advocate and solicitor any person who, if he was a citizen of, or a permanent resident in, Malaysia, would be eligible to be admitted as an advocate and solicitor of the High Court and no person shall be admitted to practise as an advocate and solicitor under this subsection unless-

    (a) for the purpose of that particular case he has, in the opinion of the Court, special qualifications or experience of a nature not available amongst advocates and solicitors in Malaysia; and

    (b) he has been instructed by an advocate and solicitor in Malaysia.

[Subs. Act A567:s.14]

(2) Any person applying to be admitted under this section shall do so by originating motion verified by his own affidavit, or that of the advocate and solicitor instructing him, stating the names of the parties and the brief particulars of the cause or matter in which the applicant intends to appear, and exhibiting in the affidavit the consent of the applicant to appear in the cause or matter; the originating motion and affidavit or affidavits shall be served on the Attorney General, the Secretary of the Bar Council and of the State Bar Committee in the State where such cause or matter is to be heard and the other party or parties to the cause or matter; at the time of such service the applicant shall pay one hundred ringgit each to the Secretary of the Bar Council and of the State Bar Committee to cover their costs incurred in the application.

[Am. Act A567:s.14]

(3) Before admitting a person under this section the Court shall have regard to the views of each of the persons served with the application.

(4) The Registrar shall, on payment of the prescribed fee, issue to every person admitted under this section a certificate to practice* specifying in it the causes or matters in which he is permitted to appear; and any person to whom a certificate to practise has been issued under this subsection shall for the purpose of his employment in such causes or matters be deemed to be a person to whom a certificate to practise has been issued under section 29.

(5) The Registrar shall not enter upon the Roll but shall keep a separate roll for the names of persons admitted under this section.

(6) In this section the words "cause or matter" include any interlocutory or appeal proceedings connected with any cause or matter.

___________________________
* This word should be read as "practise".

 
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