[2024] 2 MLRH 712

High Court Malaya, Kuala Lumpur
Ahmad Kamal Md Shahid J
[Advocate And Solicitor No: WA-18-1101-08/2022]
21 December 2023


Ahmad Kamal Md Shahid J:

Introduction And Background Facts

[1] The Petitioner is a Malaysian citizen residing in Miri, Sarawak. He graduated from the Multimedia University, Malaysia with LLB Honours. He read in chambers of one Mr Firdaus bin Morshidi in Miri from 2 August 2021 to 2 August 2022 and was subsequently admitted to the Sarawak Bar on 30 September 2022.

[2] On 3 August 2022, the Petitioner filed 'an application to be admitted as an advocate and solicitor of the High Court of Malaya at the Kuala Lumpur High Court (encl 1) under s 15 of the Legal Profession Act 1976 (LPA).

[3] Under s 12 of the LPA, the Petitioner is required to undergo a pupillage as a pupil in chambers for 9 months from 3 August 2022 to 2 May 2023 (Pupillage Period) unless exempted for such period under s 13 of the LPA.

[4] However, before such Pupillage Period was completed the Petitioner filed his Forms 6, 7 and 8 on 30 January 2023 and did not complete the requisite Pupillage under the LPA.

[5] The Petition was jointly objected to by the Honourable Attorney General (AG), the Bar Council and the Kuala Lumpur Bar Committee (KLBC) on the ground that as of 30 January 2023 the Petitioner has failed to serve the prescribed period of Pupillage under the LPA.

[6] After the hearing, I allowed the preliminary objections raised by the Honourable AG, the Bar Council and the KLBC with liberty to apply and my full grounds now follow.

Contention Of Parties

Qualifications For Admission

[7] Section 11 of the LPA provides that a qualified person may be admitted as an advocate and solicitor in the High Court of Malaya if he satisfies, among others, two conditions. Firstly, if he "has satisfactorily served in Malaysia the prescribed period of pupillage for qualified person". Section 12(2) of the LPA further provides that the prescribed period of pupillage shall be nine months.

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