HOW CHEE HONG 1. ) KAN WENG HIN 2. ) MELVIN SELVAM A/L THAMBIRAJAH 3. ) YIP BENG FATT 4. ) LEMBAGA TATATERTIB PEGUAM BELA & PEGUAM CARA

HOW CHEE HONG 1. ) KAN WENG HIN 2. ) MELVIN SELVAM A/L THAMBIRAJAH 3. ) YIP BENG FATT 4. ) LEMBAGA TATATERTIB PEGUAM BELA & PEGUAM CARA

The Court of Appeal found no appealable error: the Disciplinary Board lawfully reconstituted the Disciplinary Committee and the reconstituted DC commenced its inquiry within the one‑month period required by section 103B(1) LPA; the appellant's Originating Summons was premature and an abuse of process because statutory objection and appeal mechanisms had not been exhausted and there was no established prejudice warranting interlocutory judicial intervention; consequently the High Court decision dismissing the OS was affirmed.

Citation
W-02(A)-60-01/2023 (Mahkamah Rayuan)
Parties
Appellant / Plaintiff (advocate and Solicitor): How Chee Hong; Respondent (disciplinary Committee Member): Kan Weng Hin; Respondent (disciplinary Committee Member): Melvin Selvam a/l Thambirajah; Respondent (disciplinary Committee Member): Yip Beng Fatt; Respondent (disciplinary Board): Lembaga Tatatertib Peguambela & Peguamcara
Court
A
Jurisdiction
Malaysia
Judgment Date
8 January 2026
Case Number
W-02(A)-60-01/2023 (Mahkamah Rayuan)
Procedural Posture
Appeal Against High Court Dismissal of Originating Summons Challenging Disciplinary Proceedings Under the Legal Profession Act 1976 / Court of Appeal Judgment (final Disposition)
Outcome
Appeal dismissed; High Court judgment affirmed.
Legal Topics
Disciplinary Proceedings, Statutory Time Limits, Jurisdiction, Abuse of Process, Exhaustion of Remedies, Natural Justice
Source Language
Malay/English
Legal Profession Discipline Administrative Law Civil Procedure Disciplinary Proceedings Statutory Time Limits Jurisdiction Abuse of Process Exhaustion of Remedies +1 more

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Parties

How Chee Hong

Appellant / Plaintiff (advocate and Solicitor)

Kan Weng Hin

Respondent (disciplinary Committee Member)

Melvin Selvam a/l Thambirajah

Respondent (disciplinary Committee Member)

Yip Beng Fatt

Respondent (disciplinary Committee Member)

Lembaga Tatatertib Peguambela & Peguamcara

Respondent (disciplinary Board)

Procedural Posture

Appeal Against High Court Dismissal of Originating Summons Challenging Disciplinary Proceedings Under the Legal Profession Act 1976 / Court of Appeal Judgment (final Disposition)

Legal Issues

  1. 1 Whether the Disciplinary Board's appointment and reconstitution of the Disciplinary Committee complied with section 103A and 103B of the Legal Profession Act 1976
  2. 2 Whether the Disciplinary Committee commenced its inquiry within the one month period required by section 103B(1) LPA
  3. 3 Whether the appellant's Originating Summons was premature for failing to exhaust statutory remedies and thus an abuse of process

Ratio Decidendi

The Court of Appeal found no appealable error: the Disciplinary Board lawfully reconstituted the Disciplinary Committee and the reconstituted DC commenced its inquiry within the one‑month period required by section 103B(1) LPA; the appellant's Originating Summons was premature and an abuse of process because statutory objection and appeal mechanisms had not been exhausted and there was no established prejudice warranting interlocutory judicial intervention; consequently the High Court decision dismissing the OS was affirmed.

Court Disposition

Appeal dismissed; High Court judgment affirmed.

Orders

  • Appeal dismissed
  • High Court judgment affirmed