Abdul Rahman Sebli FCJ:

The Questions Of Law

[1] This appeal concerns the procedure to be followed by the Malaysian Bar (3rd respondent) and its members in dealing with complaints of misconduct by fellow members. This court had allowed the following questions of law to be pursued by the appellant, who is an advocate and solicitor of the High court of Malaya and a senior member of the Malaysian Bar:

Question 1(a)

In a specific matter pertaining to the allegation of breaches of discipline by an advocate and solicitor, can a member/s of the Bar, having moved by way of a motion pursuant to s 64(6) of the Legal Profession Act 1976 to resolve at the AGM that the Bar Council lodge a complaint against the advocate and solicitor to the Disciplinary Board pursuant to inter alias 94 read with s 99 of the same, simultaneously move for a resolution to, inter alia, condemn in the strongest terms the advocate & solicitor's same alleged breach of discipline at the same AGM?

Question 1(b)

In the above said circumstances, would not the Rule of Natural Justice be offended, particularly when:

(i) predetermination of the culpability of the advocate & solicitor's conduct is being sought for summary c