Bar Council Submission to SUHAKAM Public Inquiry Into the Incidents During and After the Public Assembly of 28 Apr 2012
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Wednesday, 13 March 2013 04:55pm
Please click here to view the Bar Council's submission to the SUHAKAM public inquiry into the BERSIH 3.0 public assembly that took place on 28 Apr 2012.
KUALA LUMPUR: The Bar Council is near the end of its inquiries into allegations of misconduct against a lawyer who allegedly prepared the second statutory declaration (SD2) for “PI Bala”.
“The target is to make a decision at the council meeting in April,” said its chairman Lim Chee Wee.
“If we find prima facie evidence of misconduct, we will lodge a complaint with the Disciplinary Board.”
Lim, whose term as chairman and Malaysian Bar president ends tomorrow after the Bar’s annual gerneral meeting, admitted it was “unfinished business” but denied they had dragged their feet.
He said he wrote to everyone conceivably related to the issue to come forward but none had.
He then wrote to the lawyer whose name had come up in speculations as having drafted the SD2.
The Malaysian Bar Closed Golf Tournament 2013 (25 and 26 Jan 2013)
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Thursday, 14 March 2013 01:38pm
Contributed by K Puspalingam, Golf Convener, Bar Council Sports Committee, and photos by Zinriszal Selamat
The curtain raiser for the Malaysian Bar golf calendar, the Malaysian Bar Closed Golf Tournament, was held earlier than usual this year on 25 and 26 Jan 2013, in view of the Chinese New Year holidays during the week of 10 Feb 2013; and the much anticipated 13th General Election, which, according to reliable sources, is likely to be held at the end of March. It was also in anticipation of the Malaysia/Singapore Bench and Bar Games, which was scheduled to be held from 25 to 27 Apr 2013, and has now been postponed to 16 to 18 May 2013.
The main reason it was held early, though, was to say farewell to Mahinder Singh Dulku of the Penang Bar, who, after becoming a “datuk” (grandfather) to a lovely grandchild last year, was desirous of retiring from the legal practice.
Mahinder Singh Dulku had been a regular participant in all the Bar golf tournaments, an organiser of the annual Interstate Golf Tournaments and a very benevolent financial supporter of numerous Bar golf tournaments, including the ASEAN Law Association Golf Tournament.
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?
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.
Risk Management for Staff Workshop, Kuala Lumpur (20 June 2013) Organised by the Bar Council Professional Indemnity Insurance Committee, this workshop will be held at 9:00 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 20 June 2013 (Thursday). The workshop carries seven CPD points. Click on the link above for more details.
Kuala Lumpur Bar Seminar on Judicial Review 101 (20 June 2013) Organised by the Kuala Lumpur Bar Professional Development Committee, this session by Shanmuga Kanesalingam will be held at 3:00 pm, at Kuala Lumpur Bar Auditorium, 10th Floor, Wisma Kraftangan, on 20 June 2013 (Thursday). The seminar carries two CPD points. Click on the link above for more details.
Kuala Lumpur Bar Strategic Litigation Camp (21 to 23 June 2013) Organised by the Kuala Lumpur Bar Young Lawyers Committee and the Malaysian Centre for Constitutionalism and Human Rights, this event will be held at the Firefly Park Resort, Kuala Selangor, from 21 to 23 June 2013 (Friday to Sunday). Click on the link above for more details.
Kuala Lumpur Bar Luncheon: Feast with the Giants of the Bar (22 June 2013) Organised by the Kuala Lumpur Bar Pupils Welfare Committee and Young Lawyers Committee, this event will be held at 12:00 noon, at The Smokehouse Restaurant, Jalan Telawi 3, Bangsar, on 22 June 2013 (Saturday). Click on the link above for more details.
The Legacy Series | Gopal Sri Ram Lectures (June and July 2013) Organised by the Bar Council Professional Standards and Development Committee, these lectures by Datuk Seri Gopal Sri Ram will be held at 2:00 pm to 4:00 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 24 June 2013 (Monday), and 9, 16 and 23 July 2013 (Tuesdays). The lectures carry two CPD points each. Click on the link above for more details.
Kuala Lumpur Bar Seminar on the Torrens System and Equitable Principles (2 July 2013) Organised by the Kuala Lumpur Bar Professional Development Committee, this session by SY Kok will be held at 3:00 pm, at Kuala Lumpur Bar Auditorium, Wisma Kraftangan, on 2 July 2013 (Tuesday). The seminar carries two CPD points. Click on the link above for more details.
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Dialogue on Establishing a Sentencing Council in Malaysia (5 Mar 2013)
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Contributed by K Puspalingam, Golf Convener, Bar Council Sports Committee, and photos by Zinriszal Selamat
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Circular No 137/2013: Inland Revenue Board Public Ruling on PII (“PR 3/2009”)
