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theSun says: Right decision by Bar Council PDF Print E-mail
Thursday, 06 December 2007 07:16am

theSun©The Sun (Used by permission)

IT WAS an announcement that would not have surprised many. It was an announcement which many Malaysians wanted to hear. And it came on Tuesday evening in the form of a statement from the Bar Council calling off the “People’s Freedom Walk” scheduled for Monday as part of its activities to mark International Human Rights day. The council said the decision was made after “anxious consideration to the present circumstances that surround the event, particularly the interests of the public and the Malaysian Bar”.

Forget the semantics and the intentions which were couched in politically-correct terms. The bottom line is – it was the right decision. In the aftermath of two protest marches – one by Bersih (the coalition of NGOs calling for clean elections) – and the other by Hindraf (the Hindu Rights Action Force), it is only proper that further marches or any kinds of “protests” – however legal they are – be put on hold. Over the past three weeks, there has been unnecessary tension in the air – a direct result of such marches.

The Bar Council took a brave, important and responsible decision, despite objections from its own members. Lawyers have always advocated a democratic principle – the majority rules – and it is only proper that they practise what they preach – comply with the decision made by the majority.

Nevertheless, the Bar Council has taken the position that the requirement for an application for a permit under the Police Act to hold this event violates the constitutional right to peaceful assembly. While it is entitled to its opinion, right-minded Malaysians will be glad that good sense has prevailed and that other activities to  mark the occasion will go an as scheduled.

Comments (9)Add Comment
A Constrained Need
written by Tan Peek Guat, Thursday, December 06 2007 08:44 am

The need to apply for a police permit is one thing. The constitutional right to peaceful assembly is another. Not to perform the necessary on its own part while faulting the other is not right.

It is the duty of the police to maintain peace and security; while it is the duty of the Bar to uphold the need to celebrate this Universal Rights Day, with itself standing for "Justice", and the need to uphold and sustain its own declaration of "upholding justice without fear and favour". Therefore, for the Bar to cancel the walk is to take the easier way out.

If Malaysia can speak, it will cry because its people are freed, and have been freed for the last 50 years, and it is now on its onward path towards being an advanced nation; but yet, it is now bound by the "chains and spells" so unnecessarily cast upon it. What a disappointment indeed, whatever the excuse may be!

Tan Peek Guat

The decision by the Council is timely
written by Abdul Fareed Bin Abdul Gafoor, Thursday, December 06 2007 11:04 am

At times it is necessary that one needs to take one step backward to enable to move ten steps forward in the future. The decision by the Council is timely.

Abdul Fareed Bin Abdul Gafoor

No one is above the law
written by Mariette Peters, Thursday, December 06 2007 11:33 am

The freedom of assembly is not a right. It is a privilege - and just like all other privileges, it is subject to the conditions imposed by the law.

No one is above the law, definitely not the Bar Council, nor the Malaysian Bar. However in the last few months, I am feeling more and more unsettled. It appears that the Bar Council is of the impression that they are immune to the law and therefore are free to act on a frolic of their own.

Although I, (like most lawyers), am feeling disillusioned with the judiciary and the state of things in general, I must say I am more alarmed by the conduct of the Bar Council. Instead of focussing on the interests of the lawyers in general, they seem to be preoccupied championing the rights of certain quarters only.

As lawyers, we should be the first to set the example of obeying the law instead of stooping as low as those who think it is fashionable to do otherwise.

Calling of the march is the best decision the Bar Council has made in a long time. The Bar Council should focus on its functions because right now it appears that it has lost its compass.

Mariette Peters

Bar council decision wise.
written by Mohd Ismail b Mohamed, Thursday, December 06 2007 11:33 am

Bar council decision to cancel assembly wise under the present situation. A very good decision. Under the present security situation to conduct an assembly in public faces security risk.

Mohd Ismail b Mohamed

Of Police Permits ....
written by Kerry Sin Yoong Ming, Thursday, December 06 2007 11:47 am

I suggest, that as law abiding citizens we are (not to mention members of the Bar), we MUST from now on apply for a police permit for any intended gatherings of more than 5 persons in any public place (however defined).

That applies also to future "Treasure Hunts", Bar Games where more than 11 aside may convene onto a public pitch, meeting at bus stops, etc ...

Kerry Sin Yoong Ming

A Beautiful Day Turned Gloomy
written by Tan Peek Guat, Thursday, December 06 2007 12:01 pm

What a sad day for RIGHTS!
A beautiful celebration for a beautiful event has been turned ugly.

The Universal Celebration for the Universal Human Rights Day has been subdued by the 'Fights of the Titans' which disputes have caused the cancellation of the scheduled walk.

It is a sad day for the Bar, literate as those chosen people are, not to be making any application for a permit, but chooses to be barred!

Tan Peek Guat

Not an easy decision
written by Ding Chu Teck, Thursday, December 06 2007 12:12 pm

It took some courage for the Bar Council to call off the Walk.

We, as members of the Bar, should support the decision in the circumstances.

It was not an easy decision to make.

Ding Chu Teck

Freedom of assembly IS a right
written by David Soong Tshon Li, Thursday, December 06 2007 04:01 pm

Please refer to Article 10 of the Federal Constitution. The freedom of assembly is not a privilege granted by the police or the government of the day but the right of every Malaysian citizen. As such, I don't think that the Bar Council to be "championing the rights of certain quarters only".

David Soong Tshon Li

Aptness of Bar's decision
written by Wong Yong Fei, Friday, December 07 2007 07:01 am

While I believe the aptness of the Bar’s decision to call off the Walk is open to debate, I find Ms Peter’s comments rather disconcerting and I find myself having to disagree with her.

Her first point that freedom of assembly is but a privilege is inaccurate to say the least. As David correctly pointed out, freedom of assembly is a ‘right’ enshrined in the Federal Constitution and while it has its limitations, it doesn’t make it less of a ‘right’. If, for the sake of argument we were to subscribe to the notion that it is a mere privilege then by the necessary extension our rights to life, equal protection before the law, freedom of religion and education are mere privileges as well for they fall under Part II of the Constitution. This cannot be right right?

Then she commented that she was alarmed by what she perceived as the preoccupation of the Bar in championing certain quarters’ rights and the Bar’s seeming disinterest in its own members’ interests. I have been following very closely the recent events in Malaysia (although I’m presently living abroad) and I dare say that the Bar has been impartial and objective in its stance thus far. The Bar have had to endure accusations of being a mouthpiece of the oppositions of late and to have a fellow member of the Bar throwing similar accusation is like rubbing salt into the wounds. I am sure you would agree with me that politicising the Bar’s involvements in matters relating to the public will not do the public any good given that the Bar is one of the few remaining neutral watchdogs out there. At this juncture, perhaps the members ought to be reminded that quite apart from safeguarding the interests of its members, the Bar’s other underlying objectives are, among others:

(a) to uphold the cause of justice without regard to its own interests or that of its members, uninfluenced by fear or favour;

(g) to protect and assist the public in all matters touching ancillary or incidental to the law.

Wong Yong Fei


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