KUALA LUMPUR: Institutions of higher learning have been urged to review the quality of their law courses following the drop in the number of those who pass the Certificate of Legal Practice (CLP).
The Raja Muda of Perak Raja Dr Nazrin Shah said they should not compromise quality for quantity, especially in new intakes for law faculties.
He said there was an increasing gap between the quantity and quality of law graduates, as since 1994, the percentage of candidates who passed the CLP examination was below 50%.
“The scenario calls for a review of the quality of teachers, education, teacher-student ratio and the quality of knowledge and skills successfully provided to graduates,” Raja Nazrin said during the 18th CLP convocation 2012 at PWTC here yesterday.
He said that over the past three years, the percentage of candidates who passed remained low at 40% in 2010, 45% in 2011 and 41% last year.
Host: Are you ready now to call for the general election?
Answer: I have been waiting myself (laughs). But when we call for the general election, first of all, it has to be predicated within the ambit of the Constitution. That's quite obvious. We will do it within the context of what is allowable within the Constitution. But more importantly, when I took office in 2009, I introduced a raft of reforms to the country, basically we call it the transformational agenda for the country. We were set to really transform the nation. Of course, we wanted to achieve Vision 2020 and we know it's quite a challenge for us to bring Malaysia to that level, to greater heights.
Host: But you could have called the election at that time (referring to the time soon after he became prime minister).
Answer: Yes, but I wanted to face the people and show to the people that our transformation programme is actually working and that there is real progress in the country; real change is taking place and that we are delivering and people can see for themselves, feel the results.
So I need the time because you know when we plan things, between planning and execution and delivering, it does take time. But, Alhamdulillah (praise to Allah), I'm very pleased that the outcome has been positive and the whole host of macro figures indicate that we have been able to achieve beyond our expectation, within four years.
The Specialised Construction Court, that has been in the works for years is expected to be set up very soon, perhaps as early as this month, Business Circle has learned. A practice direction on the court is expected to be circulated sometime soon.
It is understood that there will initially be two specialised construction courts – in the High Court of Kuala Lumpur and Shah Alam. “Depending on the number of cases and the feedback from the Bar Council and industry players, the number of courts may be increased,” says a source close to the Chief Justice’s Office.
The industry, as well as the Bar Council, lauds the setting up of the specialised court.
The Construction Industry Development Board (CIDB) had mooted the idea of a specialised construction court some time ago on overwhelming industry support. However, this comes under the purview of the Malaysian judiciary, says Noridah Shafii, General Manager Business Division, CIDB.
IPOH: Post-mortem reports revealed that the death of a convicted prisoner while in Kampar police custody was due to pulmonary embolism, which is a sudden blockage of the lung artery.
State deputy police chief Senior Asst Comm Datuk A. Paramasivam said the post-mortem report also revealed that there was no trauma or external injury.
“I have personally explained this to the family and I urge the public not to speculate or make any allegation,” he said.
M. Ragu, 47, from Malim Nawar, surrendered himself to the police after assaulting a shopkeeper on March 4.
He was then convicted and sentenced by the Kampar magistrate's court to eight months' jail and fined RM2,000 on March 8.
SAC Paramasivam said that due to unforeseen circumstances, Ragu was not transferred to the Tapah prison immediately after the court decision but was scheduled for yesterday.
Keynote Lecture by Lim Chee Wee (President, Malaysian Bar) at LexisNexis Rule of Law Debate 2013 (Le Meridien Kuala Lumpur, 7 Mar 2013)
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Monday, 11 March 2013 11:02am
“Human Rights in ASEAN - Past, Present and Future”
Introduction
I wish to congratulate the organisers for organising this debate competition today and it is indeed my pleasure to address the youths of Singapore, Philippines, Indonesia and Malaysia. Too often we are discouraged by news of human rights violations in our region. Just recently on 19 February 2013, Human Rights Watch criticised the Lao PDR government for what they say was the enforced disappearance of Sombath Somphone, a prominent human rights activist.1 On 18 December 2012, the United Nations High Commissioner for Refugees reported the rescue of 40 Rohingyas in the Bay of Bengal who had escaped the ethnic conflict in Rakhine State in Myanmar.2
The 1990s: Asian Values and the Asian Way
The idea of human rights is premised on the basis that all human beings are born free and equal in dignity and rights as enshrined under Article 1 of the UN Declaration of Human Rights.3 However, in the past ASEAN leaders have challenged the universality of human rights. The former Prime Minister of Malaysia, Dr Mahathir Mohamad and Singapore, Lee Kuan Yew championed a different set of rights for the people in ASEAN, dubbed the “Asian values”. Asian values, they say, are different from Western values. Asians tend to value community rights over individual rights, whereas Westerners value individual rights above all else. Asians also appreciate order and harmony, whereas Westerners appreciate personal freedom.4 The idea of Asian values was completely contrary to the idea of “rights”. If all human beings are equal, how could one have a different set of rights than another?
PETALING JAYA: The International Court of Justice (ICJ) has recognised Malaysia’s rights and sovereignty over Sabah and its surrounding islands in its decision on a territorial dispute involving Ligitan and Sipadan in 2002, said the Malaysian Bar. Its vice-president Christopher Leong said that although the Philippines had not been a party in the dispute between Malaysia and Indonesia, it was clear in the ICJ’s judgement on Dec 17, 2002, that the Sulu Sultanate did not have a legitimate claim to Sabah.
History, he said, had shown that the Sulu Sultanate had, during several incidents between April 19, 1851, and June 26, 1946 “relinquished and ceded all of its rights” over Sabah.
“In any event, as a matter of post-colonial self-determination, the people of Sabah voted overwhelmingly to join Malaysia in a referendum held in 1962, which was organised by the Cobbold Commision,” he pointed out in a statement here yesterday.
As an independent nation, said Leong, Malaysia had a sovereign right to ensure that the territorial integrity of its international borders was recognised and respected.
Press Release: Continue to Protect and Defend our International Borders Within International Human Rights Norms
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Sunday, 10 March 2013 01:08pm
The Malaysian Bar is extremely concerned by reports of the armed intrusion by foreign elements and ongoing conflict in the areas of Lahad Datu and Semporna, in Sabah. We are deeply saddened by the deaths of eight Malaysian police personnel1, and extend our deepest condolences and heartfelt sympathies to their families and loved ones. We salute our fallen heroes who have paid the highest price in defence of our nation and territory. Our thoughts and prayers also go to members of our security forces who are now in the frontline of this conflict.
The Malaysian Bar expresses its support for the Malaysian authorities in its continuing efforts to restore law and order in the affected areas. As an independent nation, Malaysia has a sovereign right to ensure recognition and respect for the territorial integrity of its international borders. As the conflict continues, we call on all parties to take all necessary action to minimise any further injury and loss of life.
The International Court of Justice, in the course of adjudicating a territorial dispute between the Governments of Malaysia and Indonesia over the islands of Ligitan and Sipadan off the coast of Sabah, and in delivering its decision2 on 17 December 2002, had set out the antecedents and history pertaining to the territory, and which effectively recognised the rights and sovereignty of Malaysia over the state of Sabah and its surrounding islands.
Press Release: Customary Land Rights of the Orang Asli Seletar Must be Respected
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Friday, 08 March 2013 02:28pm
The Orang Asli Seletar from Johor Bahru have commenced a claim in the Johor Bahru High Court, for recognition of their customary lands and waters in southern Johore.
As a traditional fishing community, the Orang Asli Seletar have historically occupied the coastal areas of Johore as their customary territories. For many years, these areas have been subjected to sustained and continuous encroachment by the state authorities. The Orang Asli Seletar have consistently maintained that the areas they occupy, and on which they conduct customary practices (both on land and sea), are their customary territories.
However, the authorities have paid scant regard to these claims, as with so many other assertions of this nature throughout the country. As a result, the Orang Asli Seletar have lost much of their lands. Their unique way of life, which enriches the fabric of our multicultural society and livelihood, has been seriously diminished, if not completely eviscerated. This has, in particular, occurred through the decimation of mangrove forests, and pollution of rivers and coastal waters. The Orang Asli Seletar have consequently been unable to carry out their traditional, subsistence and economic activities, and have thus been driven to poverty, and possible extinction.
PETALING JAYA: Malaysia should consider applying to have the self-proclaimed Sultan of Sulu charged at the International Criminal Court (ICC) for ordering the invasion on Sabah and murdering security personnel, a legal expert said.
Dr Siva Ananthan, a former governing council member of the Asean Law Association (ALA), said Malaysia had a strong case as various news reports had quoted Sultan Jamalul Kiram III expressing support for the invasion and saying the intruders reported to him.
“This means Jamalul is the principal murderer with those sent to Sabah merely carrying out his instructions,” he said.
Siva said the case was similar to the one involving former Liberian president Charles Taylor who invaded Sierra Leone and murdered people there, which eventually resulted in his arrest and trial at the ICC for war crimes.
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.
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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The Malaysian Bar is extremely concerned by reports of the armed intrusion by foreign elements and ongoing conflict in the areas of Lahad Datu and Semporna, in Sabah. We are deeply saddened by the deaths of eight Malaysian police personnel1, and extend our deepest condolences and heartfelt sympathies to their families and loved ones. We salute our fallen heroes who have paid the highest price in defence of our nation and territory. Our thoughts and prayers also go to members of our security forces who are now in the frontline of this conflict. 
The Orang Asli Seletar from Johor Bahru have commenced a claim in the Johor Bahru High Court, for recognition of their customary lands and waters in southern Johore.
Circular No 115/2013: Seminar on Enforcement of Judgment (4 June 2013)
