Professional Practice-Part 1 (Professionalism)

Professional Practice I
Professionalism
2 Professional Practice I
What is Professional Practice?
Person with special expertise who adheres to a

Professional minimum standard of Ethical Behavior in His Work.
Practice Activity, To Carry Out, To Apply, To Perform
Professional Work/Activity Carried Out in Accordance with

Practice Standard Of Ethical Behavior.
3 Laws and Regulations
“Law” is a primary legislation passed by an Act of Parliament.

“Regulations” (or secondary legislations or delegated legislations) are
laws made by an executive authority (usually the Minister) empowered
by a primary legislation to make such regulations. Regulations are also
limited by the scope defined in and subordinate to the primary
legislation empowering the enactment of such regulations.
“Bylaws” (or “By-Laws” or “Byelaws”) usually refers to a law pass under
the authority of a state authority or a body which derives its authority
from another governing body
“Local Rules” similar to Bylaws are rules made by municipal or local
authorities or local body (e.g. town councils, private companies) which
derives its authority from a charter recognised in law to have authority
to make such local rules.
“Registration of Engineers ACT” – Primary Legislation

Minister of Works
“Registration of Engineers Regulation” – 2ndary legislation
“Street, Drainage and Building ACT” – Primary Legislation

Minister of Housing and Local Government
“Uniform Building By-Law” – 2ndary legislation
“Environmental Quality ACT” – Primary Legislation

Minister of Natural Resources and Environment
“Environmental Quality Schedule Waste Regulations” – 2ndary
legislation
Act 138 – The Registration of Engineers Act 1967 (Revised 2015):

1 Part I; (1 & 2) – Citations and definitions
2 Part II; (3 & 4) – Establishment & function of Board of Engineers
3 Part III; (5 to 14) – Registration of engineers
4 Part IIIA (14A to 14C) – Disciplinary committee
5 Part IV; (15 to 18) – Cancellation, removal, renstatement
6 Part V; (19 to 29) – General issues; appeals, penalties, investigating
committee.
Section 2. Interpretation.
“professional engineering services” means engineering services and
advice in connection with any feasibility study, planning survey, design,
construction, commissioning, operation, maintenance and management
of engineering works or projects and includes any other engineering
services approved by the Board;
The Registration of Engineers Act 1967

(Incorporating Amendments up to 2015)
Background
• The Registration of Engineers (Amendment) Act 2015 and The

Regulations of Engineers (Amendment) Regulations 2015 have come
into operation on 31 July 2015.
• The spirit of the Act is to support the government policy to liberalise

the services sector in particular the engineering services. This Act is
to ensure public safety. The earlier Act is very restrictive in that only
Malaysia Professional Engineer can practice and hold equity in
consulting firm.
The Registration of Engineers Act 1967

(Incorporating Amendments up to 2015)
Background
• The amendment allows BEM to register and regulate the engineering

team i.e. Inspector of Works, Engineering Technologist, Graduate
Engineer, Professional Engineer and Professional Engineer with
Practising Certificate. This is in line with the introduction of
Certificate of Completion and Compliance (CCC).
• In the spirit of liberalisation, all (citizen and non-citizen) are treated

equally. Every registered person will undergo the same treatment i.e.
the same examination, qualification, registration procedure etc.
Act 138 – The Registration of Engineers Act 1967 (Revised 2015)
Section 5 (1) The Register shall contain the following:

(a) Part A  which shall contain the names, addresses and other
particulars of Professional Engineers;
(b) Part B  which shall contain the names, addresses and other
particulars of Graduate Engineers;
(c) [Deleted]
(d) Part D  which shall contain the names, addresses and other
particulars of Engineering consultancy practices;
(e) Part E  which shall contain the names, addresses and other
particulars of Accredited Checkers;
Section 5 (1) The Register shall contain the following:

(f) Part F  which shall contain the names, addresses and other
particulars of Professional Engineers with Practising Certificates;
(g) Part G  which shall contain the names, addresses and other
particulars of Engineering Technologists; and
(h) Part H  which shall contain the names, addresses and other
particulars of Inspectors of Works.
Section 7(1) No person unless he is a Professional Engineer

(a) practice, carry on business or take up employment which
requires him to carry out or perform professional engineering
services;
(aa) be entitled to describe himself or hold himself out under any
name, style or title as;
(i) Professional Engineer
(ii) Use the abbreviation ‘Ir.’;
(iii) Use of display in any sign, board or card or any device
representing or implying that he is a Professional Engineer.
Section 7(1A) A person shall not, unless he is a Professional Engineer

with Practising Certificate 
(a) practice, carry on business or take up employment which requires
him to carry out or perform professional engineering services for
designated engineering works subject to section 8;
(b) be entitled to describe himself or hold himself out under any
name, style or title –
(i) bearing the words ‘Professional Engineer with Practising
Certificate’ or equivalent in any other language; or
(ii) bearing any other words in any language which may
reasonably be construed to imply that he is a Professional
Engineer with Practising Certificate;
Section 7(1A) A person shall not, unless he is a Professional Engineer

with Practising Certificate 
(c) use or display any sign, board, card or other device representing or
implying that he is a Professional Engineer with Practising
Certificate;
(d) be entitled to recover in any court any fee, charge, remuneration
or other form of consideration for any professional engineering
services rendered subject to section 8; or
(e) use the stamp as may be determined by the Board.
Section 7A Engineering Consultancy Practice (ECP)

(1) Notwithstanding subsections 7(1) and (1A), a sole proprietorship, partnership
or body corporate may practise as an Engineering consultancy practice and
recover in any court any fee, charge, remuneration or other form of
consideration for any professional engineering services rendered by it
pursuant to its practice as an Engineering consultancy practice carried on by
virtue of this section, if it is registered with the Board as an Engineering
consultancy practice and has been issued with a certificate of registration.
(2) Every applicant by a sole proprietorship, partnership or body corporate for
registration as an Engineering consultancy practice shall be made to the
Board in the prescribed form and manner and shall be accompanied by the
prescribed fee.
(3) The Board shall register a sole proprietorship, partnership or body corporate
as an Engineering consultancy practice, subject to such conditions and
restrictions as it may deem fit to impose.
Registration of Engineers Regulations
The Registration of Engineers Regulations:

1 Part I; (1 & 2) – Preliminary
2 Part II; (3 to 15) – Administration and operation of the Board of
Engineers
3 Part III; (16 to 22) – Registration of engineers
4 Part IIIA – Investigating Committee
5 Part IV – (23 to 33) Code of Professional Conduct
6 Part V; (34 to 36) – Registration of ECP.
7 Part VI (37 to 38) – Professional Assessment Examinations (PAE).
Part III, REGISTRATION OF GRADUATE ENGINEERS AND PROFESSIONAL ENGINEERS

22. (1) The practical experience that a registered Graduate Engineer is required
to obtain under section 10 (1) (b) of the Act in order to be entitled to apply for
registration as a Professional Engineer shall be carried out in a manner
satisfactory to the Board for a period of three years –
(a) in the planning, design, execution or management of such works as
comprised within the profession of engineering;
(b) in engineering research;
(c) or in the teaching in a course leading to a qualification approved by the
Board,
and at least one year of such practical experience shall be obtained in
Malaysia under the supervision of a registered Professional Engineer of the
same discipline or an approved allied discipline and shall be in fields of
engineering practice other than in research or teaching.
(2) Satisfactory attendance of Continuing Professional Development (CPD).
Section 38 Professional Assessment Examination (PAE):

1. Professional interview conducted by not less than two examiners
appointed by the Board;
2. A written paper on any relevant subject related to the practical
experience which he has obtained;
3. A written paper on his understanding of the Code of Professional
Conduct; and
4. Any other examination, written or otherwise, to be determined by the
Board.
17 Other Laws Having Relevance
Quick List of Laws Having Relevance
Primary Legislation Ministry Relevance

1 Street, Drainage & Building ACT, Housing & Local Submissions of plans to local
UBBL & Earthworks By Law Govt. authorities
2 Fire Services ACT Submission for fire safety

3 Environmental Quality ACT Natural Resources Submission to DOE
and Environment
4 Factory & Machinery ACT Human Resources Submission for Lifts/gas
pipes (>150psi)
5 OSH ACT Human Resources Site Safety
6 Petroleum Safety Measures ACT Human Resources Gas storage/pipeline >150psi
7 Gas Supply Act Energy, Green Gas Engineer, pipeline
Tech. & Water distribution < 150psi
8 Electricity Supply Act Competent Elect Engineer
9 SPAN ACT Plumbing submission
Local Government ACT
Registration “Submission of plans,

of Engineers engineering surveys, Local
Act drawings, schemes, Authorities
proposals, reports or studies:
Local Government ACT
Town and Street, Drainage

Country and Building
Planning ACT ACT
146 Local Governments

20 Summary Conclusion
WHAT ARE THE RAMIFICATIONS FOR A SUBMITTING ENGINEER?
The Professional Civil Law

Duty of care to the public Public
Engineer Act
Registration of Breach of registration/ethics BEM

Engineers Act
Street, Drainage Breach of Regulations

Local
and Building Act Authorities
Contract
Fiduciary interest & duty of care to Client Client
Law
21 Concepts in Professionalism
“Professionalism” is a standard of conduct which is generally ethical (moral) in nature.
Professionalism contains 4 concepts which are ‘universal’ in nature.
Public Interest
Client’s Interest
Code of Conduct
Expert Knowledge
Public Interest
Client’s Interest
THE PUBLIC INTEREST Code of Conduct
Expert Knowledge
Public Interest – Decisions or actions

do not harm the public or is injurious to
the society.
Public interest holds paramount consideration in the

conduct and work of the professional engineer.
Example: The professional will not undertake work

which harms the environment even if by so doing he (or
his client) suffers financial losses.
FIDUCIARY INTEREST (Client’s Interest)

Fiduciary Interest – Wester Dictionary: Fi du cia ry’
(a) of or relating to a holding of something in trust for another;
(b) of or being a trustee or trusteeship;
(c) held in trust.
The interest of the client takes precedence over his

personal interest.
Example: Doctor-patient; lawyer-client relationship.

Designing for the most economical method even if it
means lower fees for the consultant engineer !
PROFESSIONAL CONDUCT
Code of Honour (Code of Professional Conduct)
A standard of conduct to uphold the status of the
Profession.
Code of Conduct are of moral, ethical and personal in
nature and are universal across all professions.
Honesty Unbiased
Fairness
Judgement
Uphold
Avoid conflict The Profession
of Interest Modesty
EXPERT KNOWLEDGE
Knowledge above that of the General Public
The expert knowledge of the professional distinguishes

him from the general public and of other professions.
Sub Agenda: Advancement of technical knowledge.

Continuing Professional Development (CPD)!
CPD is mandatory for registration and renewal of
professional license.
26 Code of Professional Conduct
Clause Brief Description Concept Description
23 Conduct of Registered Engineer (uphold dignity, high 3a standing of
standing, reputation of profession). profession
24 Responsibility to employer, clients or profession. 1 & 2a Public & fiduciary
interests
25 (1) Discharge of duties with complete fidelity. 2a Fiduciary interest
25 (2) Accept remuneration only from his employer. 2 & 3a Conflict of interest
26 Reputation etc. of a Registered Engineer not to be 3a Fair consideration
injured. of his peers.
27 Canvassing and advertising prohibited. 3a Modesty
28 Registered Engineer not to practice with any person 3a standing of
whose registration has been cancelled. profession
29 Restrictions on making payments or placing contracts. 2 & 3a Conflict of interest
31 A registered Engineer not to intervene or to take over 3a Fair consideration of
the work of another. his peers.
32 Restrictions on being a director, member or shareholder 2 & 3a Fiduciary interest &
of contracting and manufacturing company etc. Conflict of interest
33 Disclosure of interest. 2 & 3a Conflict of interest

Note : 1= Public Interest; 2 = Fiduciary Interest; 3 = Code of Conduct; 4 = Expert Knowledge
27 Responsibility to Society/Public
‘CIVIL LAW’ AND TORTS
Common Law Countries
Civil Law Public Law

Body of law dealing with Body of law dealing with action
disputes between individuals or taken by the state against
organisations) individuals.
Compensations may be awarded Action is deterrence and
to victim of civil wrong. retribution (to pay back).
E.g. Civil Law, Contract Law E.g. Criminal law. Statutory law
TORTS \’tort’\ a wrongful act other than a breach of contract

for which relief may be obtained in the form of damages or an
injunction.
TORTIOUS \’tor sheas’\ adjective, implying or involving torts.
TORTFEASOR \’tor fesers’\ noun, a person who commits a

tortious act.
Torts
Negligence Torts Intentional Torts
Accidents Nuisance
Product Liability Trespass
Duty of Care Defamation
Professionals are False Imprisonment

concerned with
negligence torts
“Rules of Equity’ (or doctrine of equity) is a set of legal principles in English law
parallel to English common law, acts as a supplement to strict rules prescribed by
laws so as to achieve principles of ‘natural justice’. Whereas remedy in Civil Law may
provide award for damages (frequently monetary), relief under equity include
injunctions or writs e.g. injunction directing a person to act or to refrain from acting
etc., writ of habeas corpus etc.
In law decisions are made with reference to strict rules of legal doctrines or statutes.
However in Equity, which its emphasis on fairness and ‘natural justice’, decisions are
based on general guides which in English law are the ‘rules of equity’.

In commonwealth justice
system, rulings on civil suits
are based on the twin body of
1. Common Law
2. Rules of Equity
Civil Action
Common Law Rules of Equity

Body of precedents. Rules developed by the king’s
court (the chancery court).
Relief are award for damages.
Supplement common law.
Relief are injunctions, writs.
Professional Responsibility & Duty of Care
1 Professionalism requires the Engineer to place ‘public

interest’ and his ‘client’s interest above his own.
2 Action may be taken by the public suffering damages
against any tortfeasor causing such damage.
3 In negligence tort, the professional engineer owes a duty
of care to the public and his client.
DUTY OF CARE
The Bolam Test has since pass
CASE STUDY 1 into the body of Malaysian Law.
The Bolam Test

Bolam v Friern Hospital Management Committee, U.K. [1957] is an
English tort law case that lays down the typical ruling for assessing the
appropriate standard of reasonable care in negligence cases involving
skilled professionals (e.g. doctors, engineers): the Bolam test. Where the
defendant has represented him or herself as having more than average
skills and abilities, this test expects standards which must be in accordance
with a responsible body of opinion, even if others differ in opinion. In
other words, the Bolam test states that ‘If a doctor reaches the standard of
a responsible body of medical opinion, he is not negligent’.
DUTY OF CARE
Facts
Mr. Bolam was a voluntary patient at a mental health institution run by
the Friern Hospital Management Committee. He agreed to undergo
electroconvulsive therapy. He was not given any muscle relaxant, and his
body was not restrained during the procedure. He flailed about violently
before the procedure was stopped, and he suffered some serious injuries,
including fractures of the acetabula. He sued the Committee for
compensation. He argued they were negligent for (1) not issuing relaxants;
(2) not restraining him; and (3) not warning him about the risks involved.
It is important to note that at this time juries were still being used for tort
cases in England and Wales, so the judge’s role would be to sum up the
law and then leave it for the jury to hold the defendant liable or not.
DUTY OF CARE
Judgement
McNair J at the first instance noted that expert witnesses had confirmed,
much medical opinion was opposed to the use of relaxant drugs, and that
manual restraints could sometimes increase the risk of fracture. Moreover,
it was the common practice of the profession to not warn patients of the
risk of treatment (when it is small) unless they are asked. He held that
what was common practice in a particular profession was highly relevant
to the standard of care required. A person falls below the appropriate
standard, and is negligent, if he fails to do what a reasonable person
would in the circumstances. But when a person professes to have
professional skills, as doctors do, the standard of care must be higher. ‘It is
just a question of expression,’ said McNair J.
DUTY OF CARE
Case Study 2
Dr Abdul Hamid Rashid v Jurusan Malaysian Consultants [1997] 3 MLJ
546, the plaintiffs were lecturers at a leading public university in the
country. They had sought the expertise of the first defendant, a civil and
structural consulting engineering firm, to draw up plans for a double-
storey house that they wish to put up on a piece of land, Lot 3007,
belonging to them. The fourth defendant, a professional engineer
registered with the Board of Engineers Malaysia (BEM) and proprietor of
the first defendant at the material time, signed for plans for the house.
The second defendant, the local authority with jurisdiction over the area
in question, approved the plans, with its usual specifications and
conditions.
DUTY OF CARE
Construction works commenced shortly thereafter and the plaintiffs
moved into their completed house sometime in April 1985 even though
the local authority had yet to issue a Certificate of Fitness (CF).
Meanwhile, at about the same time or shortly thereafter, the third
defendant, a contractor, commenced construction of a bungalow on the
adjacent Lot 3008. About 40 months later, on 18 September 1988, at
about 3.00 a.m., the plaintiffs were awoken from their slumber by an
unusually loud sound. Later, it emerged that approximately half of the
house, the portion that was facing a river, had caved in as a result of a
landslide. The plaintiffs sued the defendants for RM 364,173.00 in
damages for breach of contract and negligence.
DUTY OF CARE
In the event, the court assesses the first and fourth defendants’ liability as
60 percent. Meanwhile, the third defendant was found liable for the
remaining 40 percent; primarily because of the excavation works it carried
out on Lot 3008 which contributed to the landslide that damaged the
plaintiffs’ house. The second defendant was however held to be not liable
largely due to s 95 of the Street, Drainage and Building Act 1974 that
exempted the said local authority from being sued for breach of statutory
duty and negligence.
Several important legal issues were raised in the case of Dr. Abdul Hamid.
However, this paper shall largely confine its focus to the acts of
commission and omissions of the fourth defendant, and vicariously those
of the first defendant.
DUTY OF CARE
CASE STUDY 3
Highland Towers Ruling, K.L. High Court, Aug 2000
Highland Towers, as is collectively known, consisted of three blocks of
apartments known as Blocks 1, 2 and 3. It was constructed between 1975
and 1978. Directly behind the three blocks was a steep slope. A stream
(‘the east stream’) originating upslope from the Metrolux land flowed
across part of the slope.
On Saturday, December 11, 1993, about 15 years later, after 10 days of

continuous rainfall, a landslide occurred resulting in the collapse of Block
1. Forty-eight people were recorded dead. Immediately after the collapse
of Block 1, the residents of Blocks 2 and 3 were prevented from entering
their apartments by MPAJ for fear of the instability of these two buildings.
DUTY OF CARE
A few days later, they were allowed in but only to collect their personal
valuables. At that time, their apartments were looted and subsequently
vandalized.
Seventy-three owners and occupiers of the Blocks 2 and 3 apartments

brought an action against 10 defendants in negligence, nuisance, strict
liability under the rule in Rylands v. Fletcher and breach of statutory duty.
The Plaintiffs alleged inter alia that they had been unable to re-occupy
Blocks 2 and 3 emanating from the collapse of Block 1, as a result of
MPAJ’s pre and post-collapse acts and omissions.
DUTY OF CARE
The 10 Defendants were as follows:
(i) 1st Defendant - Developer

(ii) 2nd Defendant - Draftsman who was engaged by the developer
as the Architect for the project.
(iii) 3rd Defendant - 2nd Defendant’s brother engaged by the 1st
Defendant as the Engineer for the project.
(iv) 4th Defendant - Majlis Perbandaran Ampang Jaya
(v) 5th Defendant - Arab-Malaysian Bank – owner of 50 lots of
bungalow land directly at the rear of Highland
Towers.
(vi) 6th Defendant - Tropic – company that carried out clearing
works on the 5th Defendant’s land in 1992.
DUTY OF CARE
(vii) 7th Defendant - Owner of Metrolux land (the higher land
adjacent the 5th Defendant’s land).
(viii) 8th Defendant - Project Manager for the 7th Defendant and was
in charge of the development of the Metrolux
land.
(ix) 9th Defendant - Selangor State Government
(x) 10th Defendant - Director of Lands and Mines, Selangor
DUTY OF CARE
Judgement of the High Court
The High Court found the 1st, 2nd, 3rd, 4th, 5th, 7th and 8th Defendants liable
and apportioned liability in the following percentages:
(i) 1st Defendant - 15%

(ii) 2nd Defendant - 10%
(iii) 3rd Defendant - 10%
(iv) 4th Defendant - 15%
(v) 5th Defendant - 30%
(vi) 7th & 8th Defendants - 20%
DUTY OF CARE
After due consideration, the court ruled that the landslide that brought
down Block 1 was a rotational retrogressive slide emanating from the high
wall behind the second tier car park. The High Court also decided that
Block 1 had collapsed due to a landslide caused primarily by water which
emanated from the damaged pipe culvert, and the inadequate and
unattended drains on the 5th Defendant’s land.
The judgement of the High Court has since been reported as Steven Phoa
Cheng Loon & Ors v Highland Properties Sdn. Bhd. & Ors (2000) 4 MLJ 200.
DUTY OF CARE - CONCLUSION

PROFESSIONAL ENGINEERS SUBMITTING PLANS
1 Engineers are required to be proficient in engineering practice,
standards, code of practice and regulations (Bolam Test).
2 Skills considered ‘expert level’ in yesteryears will become “normal
practice” in present times. This requires engineers to have CPD in order
to stay current in his practice (Bolam Test).
3 Even non-registered engineers who practice engineering will be subject
to Torts (tort laws).
4 Once professional service(s) is rendered, an engineer is liable even in the
absence of a written contract or appointment (contract law).

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Professional Practice I

What is Professional Practice?

Person with special expertise who adheres to a

Practice Activity, To Carry Out, To Apply, To Perform

Professional Work/Activity Carried Out in Accordance with

“Law” is a primary legislation passed by an Act of Parliament.

“Registration of Engineers ACT” – Primary Legislation

“Street, Drainage and Building ACT” – Primary Legislation

“Environmental Quality ACT” – Primary Legislation

Act 138 – The Registration of Engineers Act 1967 (Revised 2015):

The Registration of Engineers Act 1967

• The Registration of Engineers (Amendment) Act 2015 and The

• The spirit of the Act is to support the government policy to liberalise

The Registration of Engineers Act 1967

• The amendment allows BEM to register and regulate the engineering

• In the spirit of liberalisation, all (citizen and non-citizen) are treated

Act 138 – The Registration of Engineers Act 1967 (Revised 2015)

Section 5 (1) The Register shall contain the following:

Act 138 – The Registration of Engineers Act 1967 (Revised 2015)

Section 5 (1) The Register shall contain the following:

Act 138 – The Registration of Engineers Act 1967 (Revised 2015)

Section 7(1) No person unless he is a Professional Engineer

Act 138 – The Registration of Engineers Act 1967 (Revised 2015)

Section 7(1A) A person shall not, unless he is a Professional Engineer

Act 138 – The Registration of Engineers Act 1967 (Revised 2015)

Section 7(1A) A person shall not, unless he is a Professional Engineer

Act 138 – The Registration of Engineers Act 1967 (Revised 2015)

Section 7A Engineering Consultancy Practice (ECP)

Registration of Engineers Regulations

The Registration of Engineers Regulations:

Registration of Engineers Regulations

Part III, REGISTRATION OF GRADUATE ENGINEERS AND PROFESSIONAL ENGINEERS

Registration of Engineers Regulations

Section 38 Professional Assessment Examination (PAE):

Quick List of Laws Having Relevance

Primary Legislation Ministry Relevance

2 Fire Services ACT Submission for fire safety

Local Government ACT

Registration “Submission of plans,

Local Government ACT

Town and Street, Drainage

146 Local Governments

WHAT ARE THE RAMIFICATIONS FOR A SUBMITTING ENGINEER?

The Professional Civil Law

Registration of Breach of registration/ethics BEM

Street, Drainage Breach of Regulations

“Professionalism” is a standard of conduct which is generally ethical (moral) in nature.

Professionalism contains 4 concepts which are ‘universal’ in nature.

THE PUBLIC INTEREST Code of Conduct

Public Interest – Decisions or actions

Public interest holds paramount consideration in the

Example: The professional will not undertake work

FIDUCIARY INTEREST (Client’s Interest)

(b) of or being a trustee or trusteeship;

(c) held in trust.

The interest of the client takes precedence over his

Example: Doctor-patient; lawyer-client relationship.

Knowledge above that of the General Public

The expert knowledge of the professional distinguishes

Sub Agenda: Advancement of technical knowledge.

33 Disclosure of interest. 2 & 3a Conflict of interest

‘CIVIL LAW’ AND TORTS

Common Law Countries

Civil Law Public Law