(1) This document sets out the Bar Council’s policy regarding the duration of publication of adverse disciplinary orders by the Advocates and Solicitors Disciplinary Board (“ASDB”) against Members of the Bar, on the Malaysian Bar website (“Website”).
(2) All adverse ASDB orders will be published on the Website for a minimum of one year.
(3) Where an adverse ASDB order imposes an administrative fine in respect of a complaint regarding Sijil Annual / Practising Certificate, the ASDB order will cease to be published on the Website one year from the date of the ASDB order.
(4) Where an adverse ASDB order involves a reprimand, censure or fine (other than an administrative fine), the ASDB order will cease to be published on the Website two years from the date of the ASDB order.
(5) Where an adverse ASDB order imposes a period of suspension from practice of one year or less, the DB order will cease to be published on the Website five years after the end of the suspension period.
(6) Where an adverse ASDB order imposes a period of suspension from practice of more than one year, the DB order will cease to be published on the Website 10 years after the end of the suspension period.
(7) Where an adverse ASDB order strikes off a Member of the Bar from the Roll of advocates and solicitors, the adverse DB order will be published on the Website indefinitely.
(8) The commencement of the periods of time set out in paragraphs (3) to (7) above is as follows:
(a) Where no Notice of Appeal is submitted against an adverse ASDB order within the time period prescribed under section 103E(1) of the Legal Profession Act 1976: One month from the date of the ASDB Order; and
(b) Where a Notice of Appeal is submitted within the time period prescribed under section 103E(1) of the Legal Profession Act 1976: From the date the appeal is exhausted.
(9) Where an application to appeal out of time has been accepted by the appellate court, the applicable period of time, as set out in paragraphs (3) to (7) above, will recommence from the date of the appeal is exhausted, without regard to any period of publication on the Website prior to the determination of the appeal.
(10) Where an appeal to the appellate court is successful, the outcome will be published on the Website under the heading of “Outcome of Appeal”.
Bar Council
7 Dec 2019