Chapter 6 - Restoration of Name to Roll of A&S Flashcards
1
Q
RESTORATION OF NAME
Overview
A
1) Power to restore
2) Scope & test
3) Meaning of “fair”
4) Burden of proof
5) rationale for heavy burden
6) standard of proof
7) application
8) procedures
2
Q
RESTORATION OF NAME
Power to restore
A
S.107(1)
3
Q
RESTORATION OF NAME
scope & test
A
HC may order Registrar to restore the name of A&S of he thinks it is fair & reasonable.
4
Q
RESTORATION OF NAME
meaning of fair
A
Teoh Hooi Leong v Bar Council:
- fair to the profession & his colleagues;
- OTF, the A&S has repented & there is strong likelihood that he will not repeat the misconduct.
5
Q
RESTORATION OF NAME
burden of proof
A
Chan Chow Wang v Malaysian Bar:
- burden is on the applicant to show that he is a fit & proper person to have his name restored.
6
Q
RESTORATION OF NAME
rationale for heavy burden
A
Chan Chow Wang v Malaysian Bar:
- as a matter of public policy, heavy burden should be imposed on applicant to satisfy the court that he is a fir & proper person to have his name restored.
7
Q
RESTORATION OF NAME
standard of proof
A
Ramasamy v Kwan Lee Pin:
- on balance of probabilities.
8
Q
RESTORATION OF NAME
application
A
Ahmad Rushdi Omar v Majlis Peguam Malaysia:
- applicant must demonstrate to the court that he has fully rehabilitated;
- applicant must be subjected to stricter scrutiny.
- OTF, applicant AIS show that he is lacking in remorse.
9
Q
RESTORATION OF NAME
procedures
A
S.107(2) - (5):
- Mode: OS + affidavit
- Where: HC
- Service: Bar Council
- Appeal: against HC in CA & FC.
