IN all countries with a federal-state division of powers, it is quite common for jurisdictional disputes to flare up now and then between the centre and the states. Such conflicts have been rare in Malaysia. However, over the last decade and especially since 2008, many tensions have surfaced.
A few weeks ago, Penang threatened to go to court to compel the Election Commission and the Federal Government to hold local authority elections in the state. As in most constitutional disputes, the issues are rich and riveting and no open-and-shut answers are available.
Who has power over municipal elections? In our federal-state division of powers, local authority elections are explicitly mentioned as matters within state competence by the Federal Constitution’s Schedule 9, List II, Paragraph 4(a).
In addition, Article 113(4) clearly encompasses, though it doesn’t mandate, elections for our third tier of government. Article 113(4) states that “Federal or State law may authorise the Election Commission to conduct elections other than (to the House of Representatives and the Legislative Assemblies of the States)”.
Click here to download the PDF version of the 2012/13 Annual Report.
Please scroll down to view a Bahasa Malaysia translation of this circular.
Sila lihat di bawah untuk terjemahan pekeliling ini di dalam Bahasa Malaysia.
Circular No 045/2013
Dated 22 February 2013
To Members of the Malaysian Bar and pupils in chambers
67th Annual General Meeting of the Malaysian Bar
Date :16 March 2013 (Saturday)
Time :10:00 am
Venue : Grand Ballroom, Level 1, Convention Centre, Renaissance Kuala Lumpur Hotel, Corner of Jalan Sultan Ismail and Jalan Ampang, 50450 Kuala Lumpur
Notice is hereby given that the 67th Annual General Meeting (“AGM”) of the Malaysian Bar will be held at 10:00 am on 16 March 2013 (Saturday) at the Grand Ballroom, Level 1, Convention Centre, Renaissance Kuala Lumpur Hotel, Corner of Jalan Sultan Ismail and Jalan Ampang, 50450 Kuala Lumpur.
Please note that the 2012/13 Annual Report will be distributed in CD-ROM format, which Members will receive by post before the AGM. The PDF version will be uploaded on the Malaysian Bar website, and the website link emailed to Members by circular, in early March 2013.
We take this opportunity to remind Members that under section 64(6) of the Legal Profession Act 1976 (“LPA”), if any Member of the Malaysian Bar desires to propose any motion to be considered at the said AGM, the Member shall, “not less than seven days before the date first appointed for holding the meeting, serve on the Secretary of the Malaysian Bar a notice of such motion in writing”.
Letter of support to Bar Association of Sri Lanka regarding impeachment proceedings and dismissal of the Chief Justice of Sri Lanka
Posted by Web Administrator
Wednesday, 06 March 2013 09:37am
5 March 2013
Dear President of the Bar Association of Sri Lanka,
The impeachment proceedings and dismissal of the Chief Justice of Sri Lanka
The Malaysian Bar notes with deep concern the circumstances surrounding the impeachment proceedings and dismissal of the Chief Justice of Sri Lanka, Shirani Bandaranayake, on charges of professional misconduct.
While we are not in a position to comment on the merits of the charges levelled against the Chief Justice, we note that:
i.The impeachment proceedings were undertaken by a Parliamentary Select Committee (PSC) appointed by the Sri Lankan Parliament. Despite claims by the Chief Justice of serious due process violations in the conduct of the proceedings, the PSC found her guilty of three charges of misconduct;
ii.The Chief Justice then successfully impugned the impeachment proceedings at the Supreme Court of Sri Lanka and the Supreme Court has, inter-alia, declared that the impeachment proceedings were unconstitutional;
KUALA LUMPUR (March 5, 2013): The time is now right for Malaysia to seriously consider establishing a sentencing council to enhance the administration of justice, de facto law minister Datuk Seri Mohd Nazri Abdul Aziz said today.
In his keynote address at a dialogue session by the Malaysian Bar Council here today, Nazri said the government is looking at establishing the council to play an advisory role.
"The judiciary must always be independent and be seen to be independent, so therefore the council should only play an advisory role and not be viewed as a body designated with powers to review court decisions.
"The government will support this council on the basis that it is advisory," he said.
A sentencing council comes up with guidelines for judges to decide on the appropriate sentence to reflect the crime committed and ensure it is proportionate to the seriousness of the offence.
Nazri said following public displeasure against sentences meted out to those convicted of statutory rape last year, the government was advised by the Attorney General's Chambers to look into setting up a sentencing council.
Welcome Speech by Lim Chee Wee (President, Malaysian Bar) at the Dialogue on Establishing a Sentencing Council in Malaysia (Bar Council, 5 Mar 2013)
Posted by Web Administrator
Tuesday, 05 March 2013 02:45pm
Salutations
Y.B. Dato' Seri Mohamad Nazri Bin Abdul Aziz, Minister in the Prime Minister’s Department,
Judges of the Court of Appeal:
YA Dato Azhar Bin Mohamed,
YA Dato' Seri Haji Mohamed Apandi Bin Ali (former OB of the Bar), and
YA Datuk Zaharah Bt Ibrahim,
Professor Arie Frieberg, Chairperson of the Victorian Sentencing Advisory Council and the Tasmanian Sentencing Advisory Council,
Dato’ Razali Basri, of the Royal Malaysia Police Force,
Members of the Attorney General’s Chambers, Bar and public
Introduction
Today’s dialogue on establishing a sentencing council is topical given the public scrutiny and media comments on recent sentences which are perceived to be inconsistent and disproportionate to the seriousness of the offence. We have experts from within Malaysia, a senior appellate judge and a senior practitioner, and from abroad a chairperson of two sentencing councils, to demystify and clarify the complexities of sentencing whilst seeking to examine and educate the objectives and the process of realisation of these objectives of sentencing in the courtrooms of Malaysia.
Opening Speech by YB Dato' Seri Mohamed Nazri Abdul Aziz (Minister, Prime Minister's Department) at the Dialogue on Establishing a Sentencing Council in Malaysia (Bar Council, 5 Mar 2013)
Posted by Web Administrator
Tuesday, 05 March 2013 02:52pm
Assalamualikum Waramatullahi Wabarakatuh
Salam 1Malaysia
The Honourable Dato’ Azahar Mohamed, Judge of the Court of Appeal,
Mr. Lim Chee Wee, President of the Malaysian Bar Council,
Members of the Malaysian Bar Council,
Representatives from the Attorney General’s Chambers and the Judiciary,
Ladies and gentlemen.
1.Before I begin, I wish to take this opportunity to thank the Malaysian Bar Council for inviting me here today to deliver this address. I am deeply honoured by this invitation.
2.I wish to congratulate the Malaysian Bar Council for its initiative to organise this dialogue session which brings together experts in this field and all related parties such as the Judiciary, the Attorney General’s Chambers and members of the Malaysian Bar to discuss the proposal to establish a Sentencing Council in Malaysia.
KUALA LUMPUR: A Sentencing Council should be an independent body which develops sentencing guidelines for the courts and surveys the public about their expectations of sentencing.
Bar Council chairman Lim Chee Wee said that such a council would be responsible for assessing a wide range of decisions and developing guidelines to promote consistency in sentencing and monitoring the application and use of guidelines.
“Sentencing guidelines are what they say they are, guidelines, and they are not meant to be mandatory,” he told The Star.
“If there is any error in sentencing, it is for the appellate courts to correct it and not the Sentencing Council, which plays no role in the court process save to provide these guidelines.”
Lim said judges recognised that sentencing must be consistent with expectation or it would risk eroding public confidence in the administration of justice.
KUALA LUMPUR: The administration of criminal justice in Malaysia is in need of a better system for more uniformity in sentencing.
Besides disparities in sentences for similar offences and offences of a violent nature, the people are also concerned over cases in which judges have chosen to impose bonds for good behaviour.
On March 13, for example, a Kuala Lumpur magistrate sentenced a disabled man to a year’s jail for attempting to steal a car radio cassette player.
The same court sentenced a woman to a day’s jail and RM500 fine for stealing a packet of disposable napkins from a supermarket.
The disabled man faced a maximum of seven years’ jail and a fine under Section 397A of the Penal Code and the woman, up to 10 years’ jail and a fine under Section 380.
The Dragon Year was fiery for the Malaysian Bar. Will the Year of the Snake, an election year to boot, be hotter still?
TOOTHLESS cat”, “anti-government”, “stupid” the Malaysian Bar is no stranger to brickbats, having been at the receiving end since its inception some 66 years ago. However, the criticisms appeared to be more relentless last year, with “opposition party”, “pro-gay” and “anti-islam”, among others, being hurled at it.
Its outgoing president Lim Chee Wee not only had his manhood challenged but also received death threats. At one point, an alternative Bar was even mooted. “Why? I sometimes feel like (we are) a pariah!” laughs Lim, whose term as the Bar Council chief will end later this month.
So no one was more surprised than Lim when the accolades came in as 2012 drew to a close. First, Prime Minister Datuk Seri Najib Tun Razak acknowledged at the International Malaysian Law Conference (IMLC) the Bar's role as “an important and equal partner in the rule of law and the administration of justice”.
Then the United Nations in Malaysia picked them as the UN Malaysia Organisation of the Year. The award recognises the contributions of organisations in the country in promoting and protecting human rights (particularly as embodied in the Universal Declaration of Human Rights), social justice and equality.
2013 Bar Council subscription Click the link above to download Circular 090/2013 pertaining to the 2013 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
2013 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.
Starting a new Practice If you are thinking of setting up your own law practice, click on the link above to view Bar Council's information and checklists to help you prepare for your new endeavour.
8th LAWASIA Employment Law Conference, Cambodia (24 and 25 May 2013) Organised by The Law Association for Asia and the Pacific (“LAWASIA”), this conference featuring Lia Alizia and Brian Williamson, will be held at Tara Angkor Hotel, Vithei Charles de Gaulle, Siem Reap, Cambodia, at 8:45 am to 7:00 pm and 9:00 am to 5:30 pm, on 24 and 25 May 2013 (Friday and Saturday), respectively. The conference carries 10 CPD points. Click on the link above for more details.
MSLSSL and MCLJ Conference on Employment and Labour Laws 2013 (30 May 2013) Organised by the Malaysian Society for Labour and Social Security Law and Malaysian Current Law Journal, this conference entitled “Current Issues on Employment and Labour Laws” will be held at 8:30 am to 6:00 pm, at Grand Hyatt Kuala Lumpur, on 30 May 2013 (Thursday). The conference carries six CPD points. Click on the link above for more details.
International Arbitration Conference by CIArb Malaysia (22 to 24 Aug 2013) Organised by the Chartered Institute of Arbitrators, this conference will be held at Eastern & Oriental Hotel, 10 Lebuh Farquhar, 10200 George Town, Penang, from 22 to 24 Aug 2013 (Thursday to Saturday). The conference carries 10 CPD points. Early-bird rate ends on 30 Apr 2013. Click on the link above for more details.
“Transforming Criminal Justice” One-week Study Programme (25 to 29 Nov 2013) Organised by Public Administration International (“PAI”), this UK-based one-week study programme entitled “Transforming Criminal Justice: from Joined-up Justice to Multi-agency Approaches” will be held in London from 25 to 29 Nov 2013 (Monday to Friday). For further enquiries, please contact PAI by telephone at +44 (0)20 7580 3590, by fax at +44 (0)20 7580 4746, or by email at pai@public-admin.co.uk.
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Circular No 115/2013: Seminar on Enforcement of Judgment (4 June 2013)
