to Sabahlaw.com, a website to educate the public about the laws in Sabah, Malaysia.
Sabahlaw is sponsored by Chris Kwan, Barrister and Solicitor (High Court of Australia) and Registered Patent Agent (Malaysia ?Number : PA/2009/0201) See his video on patenting in Malaysia below (approx 4 mins).
Inventor for US Patents 7493279, 7487126, 7461010, 7395234, 7376612, 7376612. For all your patenting needs in Malaysia or USA, contact me : Below US Patent peer to peer payment using prepaid card
Please note that there is a newly minted Advocates (Website) Rules 2013 governing how Advocates can promote themselves by using websites. This website complies with Advocates (Practise and Etiquette) Rules 1988, clauses 45-50, in particular clause 46. "An advocate shall not do or cause or allow to be done anything with the primary motive of personal advertisement, or anything calculated to sugget that it is so motivated." Please note that Sabah and Sarawak come under the Jurisdiction of the High Court of Sabah & Sarawak (formerly known as Borneo) and therefore Advocates are not permitted to promote or self-advertise unlike those of our counterparts under the High Court of Malaya which is governed by a different Act. To avoid confusion, reference to Bar Council of Malaysia actually means those having the rights to practise in Malaya (West Malaysia). There is now a self-"regulatory" body in Sabah named Sabah Law Society (SLS) which issues "annual" certificate (AC) and members have to use this to apply for practising certificates (PC) issued by the High Court starting from 2017. Sabah Law Society charges an very hefty annual membership fee $500 and Disciplinary Fund $250. One cannot practise with AC, so the question is why should we need this AC ? The thing is that when one is applying for this AC, one has to pay the membership fee first before SLS considers. Another issue is that there is potential conflict of interest as AC is approved by the Executive Committee (another practising lawyer going through your documents including accounting reports, imagine if this lawyer does not like you as an opponent in Court) not SLS nor delegated to an independent person. Refusal means we have to go to Court and challenge this "SLS" decision. You must check with the High Court of Sabah & Sarawak to ascertain the status of an Advocate in Sabah & Sarawak. To be able to practise in Malaysia as a whole means the Advocate has to be admitted in High Court of Sabah & Sarawak in the state of Sabah, High Court of Sabah & Sarawak in the state of Sarawak and the High Court of Malaya (3 PCs). Incidentally one can only be admitted as an Advocte in Sabah & Sarawak but in Malaya as Advocate & Solicitor (fused profession). An Advocate in the State of Sabah or Sarawak can practise as a Barrister or Solicitor but it is common for both practices to be under the same firm even though this contravenes the convention in England (The Advocates Ordinance requires the Advocate to follow the practices in England as defined under Intrepretation 2(1)" “to practise in Sabah*?means to perform in Sabah?
(a) any of the functions which in England may be performed by a member of the Bar as such; or
(b) any of the functions which in England may be performed by a Solicitor of the Supreme Court of Judicature as such;".
3.A list of sabah laws Quick reference to "knowing" the local framework. You will notice that since Sabah joined with Malaya/Sarawak/Singapore to form Malaysia in 1963, she has effectively been left with land and religion power. Note Singapore left (or was kicked out) on 9.8.1965 and never looked back
"CURRENT ADVOCATES ORDINANCE" in pdf, 1953 . This is now a Federated law ie out of control of State of Sabah and includes plenty of amendments like introduction of a Annual Certificate (A/C) by the Law Society and using this AC to apply to the Court to get your PC. The power to amend Advocate Ord is based on the Ninth Sch in the Federal Constitution at 4. Civil and criminal law and procedure and the administration of justice,
including—...(a) constitution and organization of all courts other than Syariah Courts;
(b) jurisdiction and powers of all such courts;
(c) remuneration and other privileges of the judges and officers presiding over such courts;
(d) persons entitled to practise before such courts;
). I also notice that it requires 30% of membership to initiate any EGM (far exceed 10% for Companies)