KUALA LUMPUR: Tan Sri Muhyiddin Yassin berkata, kerajaan tidak bercadang untuk menubuhkan badan peguam alternatif bagi menggantikan fungsi Majlis Peguam Malaysia.
Timbalan Perdana Menteri berkata, ini kerana kerajaan memahami badan profesional itu ditubuhkan mengikut akta dan peruntukan Perlembagaan.
Apa yang penting, tegas beliau kepemimpinan majlis sedia ada harus bersikap lebih bertanggungjawab bagi mengelak persepsi negatif rakyat yang kini menganggap badan itu satu pertubuhan dimonopoli pembangkang.
“Majlis Peguam memikul beban yang berat bagi mengubah persepsi ini, sebagai peguam mereka harus bersikap adil dan saksama, tidak boleh berat sebelah namun terbukti dalam hal tertentu, mereka seolah-olah mengambil pendirian semua salah kerajaan, polis.
“Kalau anda manusia yang adil, hakim atau peguam berpengalaman, mesti bersikap rasional, mana yang betul kata betul, tidak betul kata tidak betul, baru adil.
KUALA LUMPUR, May 18 — The Bar Council has refuted accusations calling it a political party, insisting that every statement it makes “is premised on legal principles or human rights”.
Its president Lim Chee Wee said the council has also been fair in its criticisms of both the government and opposition, dismissing claims that its views were biased.
The council came under heavy fire from Barisan Nasional (BN) politicians after it resolved during its extraordinary general meeting (EGM) last week to condemn what it alleged was excessive use of police force against Bersih 3.0 participants.
Umno minister Datuk Seri Mohamed Nazri Aziz and Tun Dr Mahathir Mohamad even labelled the council a “political party” and voiced support for the formation of a second Malaysian Bar as an alternative for lawyers.
“Every statement of the Bar is premised on a legal principle or human right, in this instance, the right of a Malaysian to be protected by the police and not harmed,” Lim (picture) said in an emailed statement to The Malaysian Insider.
Sila lihat di bawah untuk terjemahan pekeliling ini di dalam Bahasa Malaysia.
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I would request Madhu to browse the internet for articles and news on the Lawyers’ Movement of Pakistan, which went on for two years to understand how their struggle has transformed their country’s legal and political landscape.
The Bersih participants consisted of the general public who want a free and fair elections and wanted to gather at Dataran Merdeka to ‘duduk and bantah”. The venue was made off bounds, so the crowd gathered on the streets in the vicinity of Dataran Merdeka.
If a selected group had tried to breach the hoarding to Dataran, there were hordes of police and FRU and they should have just arrested the few and there was no need to blast water and gas into the crowd.
The Bar Council had sent out its observers to report untoward incidents and also arranged for an Urgent Arrest Team to assist those detained during the demonstration. All these were done on a voluntary basis.
An advocate or solicitor shall not furnish copies of any document filed in court to the press, says Lim
KUALA LUMPUR: Bar Council member Mohd Khairul Azam Abdul Aziz’s conduct while filing his suit to nullify the Bar Council’s EGM on May 11 could have gone against the legal profession rules.
Bar Council president Lim Chee Wee told The Malay Mail he understood that Khairul Azam had distributed copies of court papers after filing his legal action against the Bar and Lim.
“The (council) reminds its members that Rule 60A of the Legal Profession (Practice and Etiquette) Rules 1978 states that an advocate or solicitor shall not furnish copies of any document filed in court to the press,” he said.
According to Lim, the rule stipulates that the copies can only be furnished in hearing in an open court.
Lim was referring to the fact that he had found out about the suit through the press rather than being served a notice.
President of the Malaysian Bar, Lim Chee Wee and Senior Lawyer, Hasnal Rezua Merican talk about the Malaysian Bar's Extraordinary General Meeting (EGM) held on 11 May 2012. The EGM discussed issues concerning the BERSIH 3.0 rally on April 28, during which the Bar Council sent a monitoring team to observe the rally. It was reported that the demonstration left some 512 people arrested, 60 demonstrators and 20 police officials injured.
KUALA LUMPUR: A lawyer has filed a suit against the Bar Council, Malaysian Bar and the council’s president Lim Chee Wee and secretary Tony Woon Yeow Thong, seeking a declaration that an extraordinary general meeting (EGM) held last Friday is null, void and against the Legal Profession Act 1976.
Mohd Khairul Azam Abdul Aziz, who is a member of the Malaysian Bar, filed the suit at the High Court registry yesterday. Khairul is seeking a declaration that the motion which was passed at the EGM is null, void and against the Legal Profession Act and leads to an offence under the Sedition Act 1948.
He is seeking an injunction that the defendants or their employees be prohibited from writing or publishing any article in relation to the May 11 EGM on the Malaysian Bar website or in any media, or Internet for the purpose of publishing for the public.
Khairul is also seeking a declaration that a notice to call for EGM dated May 4 issued by the defendants is null, void and against the Legal Act.
Press Release: Reactionary attack on independence of the Bar is fundamentally flawed
Posted by Web Administrator
Tuesday, 15 May 2012 05:10pm
The Malaysian Bar is flabbergasted at Minister in the Prime Minister’s Department Dato’ Seri Mohamed Nazri Abdul Aziz’s reported announcement that a proposed law academy “can be an alternative” to the Bar, and that the Bar Council “should dissolve itself”.
The announcement lends itself to the perception that the proposal is revived from time to time when the Government feels threatened by an independent Bar that does not countenance the abuse of power by the institutions of the state (the police, in this case), and speaks up in defence of the public at large. The Bar, in doing so, is fulfilling its duty under section 42(1)(a) of the Legal Profession Act 1976 (“LPA”), namely, “to uphold the cause of justice . . . uninfluenced by fear and favour”.
PUTRAJAYA (May 15, 2012): The government will look into reviving the Malaysian Academy of Law Bill, which was dropped in 2002, as part of its plan to create an alternative to the Malaysian Bar.
Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Aziz told theSun he will discuss with Attorney-General Tan Sri Abdul Gani Patail and raise the matter in the cabinet soon.
The bill, first tabled in 2002 to provide for the setting up of a legal academy with functions overlapping that of the Bar Council, was subsequently dropped "out of respect for the Bar".
However, Nazri who is de facto law minister said today that the bill will be revisited, albeit with some improvements.
"It (the Bar) is very partisan in its accusations, and I do not think it should be given the monopoly (to represent the legal community)," Nazri had said on Monday, when commenting on the Bar Council's extraordinary general meeting (EGM) last Friday where a resolution condemning the use of excessive force by the police during the Bersih 3.0 rally on April 28 was passed.
2012 Bar Council Subscription Click the link above to download Circular 072/2012 pertaining to the 2012 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Bar Council Bookshop Read MORE … but pay LE$$! Members enjoy a 20% discount on LexisNexis publications at the Bar Council Bookshop. Click on the link above for the list of available titles.
International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Seminar on an Introduction to the Industrial Relations Act (23 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 23 May 2012 (Wednesday). The seminar will be conducted by Wong Keat Ching. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.