The Malaysian Bar - CAFTA 2011: Fourth Keynote Address, by Chief Justice Renato C Corona, Supreme Court of the Philippines

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CAFTA 2011: Fourth Keynote Address, by Chief Justice Renato C Corona, Supreme Court of the Philippines

Wednesday, 02 November 2011 11:02am

Contributed by Michelle Fung, Pupil in Chambers

In his brief opening remarks on the second day of the 5th China-ASEAN¹ Forum on Legal Cooperation and Development (held on 26 and 27 Sept 2011), Lim Chee Wee, President of the Malaysian Bar, presented Chief Justice Renato C Corona with good humour. He quoted one of the Chief Justice’s favourite maxims, and added a twist to it, saying, “Let justice be done though the heavens fall, even if this requires me to turn back time”, thus praising the latter for living up to his word of never hesitating to strike down unfair decisions.

Chief Justice Renato Corona, a man of few words but strong principles, spoke about international trade and business based on the General Agreement on Trade in Services (“GATS), which was entered into in January 2005. The agreement’s objectives were to create a credible and reliable system of international trade rules to ensure that all participants received fair and equal treatment, which would foster closer regional/international relationships.

The Chief Justice went on to mention that GATS applied in principle to all service sectors except two: the services supplied in the exercise of a government authority and the Air Transport Services. He explained that GATS covered four modes of supply for delivery of services in cross border trade, namely:

(1) Cross border supply: Provision of services from one territory of a member into the territory of another member, such as banking or services transmitted via telecommunications or electronic mail;
(2) Consumption abroad: Services provided for a client outside the territory of a member, in the territory of another member, such as tourism or provision of services to a foreign patient who sought medical help;
(3) Commercial presence: Provision of services within the territory of a member, through the commercial presence of a supplier; and
(4) Service by the presence of natural persons: Provision of services by a natural person within the territory of a member.

The Chief Justice elaborated on this topic to create awareness that the provision of services was no longer domestic in nature, but was growing rapidly to an international level. This growth could be associated with the breakthrough of new transmission technology, such as the current era of mobile telephones and electronic mail.

He then ventured into discussing the role and effect of legal services, and opined that anyone who already was, or wanted to become, a legal agent must be equipped with knowledge and carry him- or herself well, with an air of professionalism. The Chief Justice also shared with the audience some of his early experiences, where the notion was instilled in him that the pursuit of law should not be about fame or monetary gain, but about how much a law agent can give. He stressed that as much as it was important to provide better services, it was also of utmost importance to maintain the dignity and pride of the legal profession.

In ending his speech, Chief Justice Renato Corona stated that to build a strong nation, all services sectors must stand united and work hand-in-hand with one another to produce the best outcomes.