Section 7
Ad hoc admission
(1)
Notwithstanding anything to the contrary contained in this Act, a
Judge may, in his discretion, admit to practice for the purpose of any one case any person who satisfies the requirements either of paragraph (a) or (b), that is to say —
(a)
a person who holds Her Britannic Majesty’s Patent as
Queen’s Counsel; and who —
(i)
does not ordinarily reside in Brunei Darussalam but has come, or intends to come, to Brunei Darussalam for the purpose of appearing in the case on instructions of an advocate and solicitor; and
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(ii)
possesses special skill and qualifications for the purpose of the case whether or not such special skill and qualifications are available in Brunei Darussalam;
(b)
a person who is entitled to practise before the High Court in
Malaysia, Singapore or Hong Kong or in such other Commonwealth country as the Chief Justice may specify; and who —
(i)
does not ordinarily reside in Brunei Darussalam but has come, or intends to come, to Brunei Darussalam for the purpose of appearing in the case on instructions of an advocate and solicitor; and
(ii)
has not been admitted under this section in respect of more than two other cases in the current calender year;
and
(iii)
possesses special skill and qualifications for the purpose of the case which are not otherwise available in Brunei Darussalam.
(2)
Any person applying to be admitted under the provisions of this section shall do so by originating motion verified by an affidavit of the applicant or of the advocate and solicitor instructing him stating the names of the parties and brief particulars of the case in which the applicant intends to appear. The originating motion and affidavit shall, within 3 clear days of the documents being filed in the Chief Registrar’s office, be served on the
Attorney General, Society, the other parties to the case and such other persons as may be prescribed. At the time of such service the applicant shall pay a fee of $100 to the Chief Registrar.
(2A)
If the Attorney General, Society or any other person served with the application intends to object to any originating motion, there shall be served on the applicant, not less than 3 clear days before the day fixed for the hearing of the originating motion, or such shorter period as the Judge may allow, a notice of objection in which shall be set out in brief terms the grounds of objection.
(2B)
Any such notice of objection shall be filed in the Chief
Registrar’s office at any time before the day fixed for the hearing of the originating motion.
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(2C)
It shall not be necessary for the Attorney General, Society or any other person served with the application to be represented at the hearing of any originating motion unless the Attorney General, Society or such other person intends to object to that originating motion.
(3)
Before admitting a person under the provisions of this section, the Judge shall have regard to the views of each of the persons served with the application.
(4)
The Chief Registrar shall, on payment of the prescribed fee, issue to any person admitted under the provisions of this section a certificate to practise specifying in it the case in which the person is permitted to appear.
Any person to whom a certificate to practise has been issued under this subsection shall, for the purpose of his employment in that case, be deemed to be a person whose name is on the roll and to whom a practising certificate has been issued under section 13 and who maintains a place of business in accordance with section 18(1)(c).
(5)
The Chief Registrar shall not enter upon the roll the names of persons admitted under this section but shall keep a separate roll for such persons.
(6)
In this section, the word “case” includes any interlocutory or appeal proceedings connected with a case.