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Kerajaan tak cadang badan alternatif ganti Majlis Peguam E-mail
Posted by Web Administrator   
Friday, 18 May 2012 08:55am
Image©Berita Harian (Digunakan dengan kebenaran)

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.
 
Bar Council shakes off ‘political party’ tag, says only defends law E-mail
Posted by Web Administrator   
Friday, 18 May 2012 08:41am
Image©The Malaysian Insider (Used by permission)
by Clara Chooi

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.
 
2012 Bar Council Subscription E-mail
Posted by Web Administrator   
Friday, 13 April 2012 08:58am
Image

Sila lihat di bawah untuk terjemahan pekeliling ini di dalam Bahasa Malaysia.

To Members of the Malaysian Bar 

Kindly be informed that subscription to the following Funds for 2012 is now due and payable:

No Subject Matter Amount (RM) Mode of Payment
1 Bar Council Subscription 450 Internet banking (www.cimbclicks.com.my)/Direct Access Malaysian Bar Credit Card/Cheque

NB: Items (1) to (5) are to be remitted in ONE single cheque for RM760 made payable to “Bar Council” without the need to indicate the respective Funds.
2 Bar Council Building Fund 100
3 Bar Council Legal Aid Fund 100
4 Bar Council LawCare Fund 100
5 Bar Council Sports Fund 10
6 2013 Bar Council Compensation Fund 100 Internet banking (www.cimbclicks.com.my)/Direct Access Malaysian Bar Credit Card/Cheque

NB: Items (6) and (7) are to be paid by way of two separate cheques made payable to “Bar Council Compensation Fund” and “Bar Council Discipline Fund” respectively.
7 2013 Bar Council Discipline Fund 60
 
Bar Council is the ‘check’ to ‘balance’ the use of power E-mail
Posted by Web Administrator   
Friday, 18 May 2012 12:16pm
Image©Free Malaysia Today (Used by permission)
FMT Letter: Rani Nadesan, via e-mail

I refer to the letter, ‘The Malaysian Bar – from professional body to political entity’, by Madhu Marimuthu, a past president of The Institute of Internal Auditors, Malaysia. It’s little wonder that he does not understand how lawyers can play a role in democratic polity.

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.
 
Lawyer's actions might be misconduct, says Bar E-mail
Posted by Web Administrator   
Thursday, 17 May 2012 01:51pm
Image©Malay Mail (Used by permission)
by Ram Anand

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.
 
The Malaysian Observer Interview with Lim Chee Wee and Hasnal Rezua Merican (15 May 2012) | Bar Council EGM - BERSIH 3.0 E-mail
Posted by Web Administrator   
Thursday, 17 May 2012 09:48am
ImageThis post is reproduced from here.

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.

Please click here to watch the interview.
 
Lawyer wants Bar EGM declared null and void E-mail
Posted by Web Administrator   
Thursday, 17 May 2012 09:13am
Image©The Sun Daily (Used by permission)

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 E-mail
Posted by Web Administrator   
Tuesday, 15 May 2012 05:10pm
ImageThe 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 Malaysian Bar is opposed to this suggestion, which appears similar to the proposal that the Government had mooted, and subsequently withdrawn, twice in the past.1  Regrettably, this third occurrence appears to have come about purely as a reaction to the Bar’s strong message, contained in the Bar’s final report on the BERSIH 3.0 public assembly on 28 April 2012 (“Bar’s final report”) and the resolution adopted at the Bar’s Extraordinary General Meeting (“EGM”) on 11 May 2012 (“EGM resolution”), of grave concern and condemnation of the use of excessive force by the police during the public assembly.

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”.  
 
Move to set up law academy to check Bar Council's monopoly E-mail
Posted by Web Administrator   
Wednesday, 16 May 2012 08:39am
Image©The Sun (Used by permission)
by Hemananthani Sivanandam and Pauline Wong

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.
 
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Malaysian Bar blasts police violence

Bar council: Police brutality worst in Bersih 3.0



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