JUDGMENT

[1] The appeal before us centres on the application of s 103D of the Legal Profession Act 1976 (LPA), that is, whether an advocate and solicitor should be given the opportunity to be heard before the Disciplinary Board (DB) makes an order that is likely to be adverse against him if the DB intends to impose a greater or lesser penalty or punishment than that recommended by the Disciplinary Committee (DC).

[2] The questions of law for our determination are as follows:

(i) Whether the 1st respondent (Syed) needs to be given the opportunity to be heard under s 103D(4) of the LPA when the DB has already reduced his penalty or punishment; and

(ii) Whether the word "adverse" under s 103D(4) of the LPA should be read in the context of "greater or lesser" under s 103D(2) of the LPA.