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By
Serene S. Ong
BACKGROUND
The idea of setting up a Benevolent Fund for the members of
the Malaysian Bar was mooted almost a decade ago. One of the earliest proponents
of this idea was Mr. C.V. Prabakharan of the Penang Bar. A desultory effort was
made in achieving this objective in 1997 when a sum of RM50,000 was set aside in
a separate account called the Benevolent fund. Over the years since then, all
applications for financial assistance from members to the Bar Council were
directed to the Bar Council Charity & Welfare Committee for investigation and
consideration. All financial assistance approved was paid out of this fund.
YEAR 2003
By year 2003, this fund was slowly but surely being depleted.
Furthermore, of recent years, the Bar Council was receiving more applications
for financial assistance from members and for larger amounts of money.
It was felt that among the reasons for this were that:-
1. The legal profession today is not as well paid as it has
been in the past and is far from being one of the more lucrative professions;
2. With the stress of modern day practice, members were
becoming more and more susceptible to stress-related illnesses such as
hypertension, heart disease, strokes and heart attacks,
3. The increasing number of people suffering from Cancer
includes lawyers;
4. Lawyers are falling prey to these diseases at an
alarmingly earlier age; often when their families are still young and before
they have had a opportunity to have established themselves financially; and
5. The rapidly and alarmingly rising costs of medical
treatment, particularly in long-term treatment of debilitating chronic
conditions.
This worrying trend could only be expected to escalate. It
was therefore imperative that a more structured fund be set up for the benefit
of our members.
The Bar Council therefore directed its Sports, Charity and
Welfare Committee 2003/2004 under the chairmanship of Mr. S. Ravichandran to
look into the setting up of a proper Bar Benevolent Fund in fulfillment of one
of the statutory objectives and duties of the Malaysian Bar found in Section 42
(1) (k) which is
"To grant pecuniary or other assistance to members or
former members of the Malaysian Bar and to the wives, widows , children and
other dependants, whether of members, former members or deceased members who are
in need of such assistance."
LAWCARE
Pursuant to this directive, the Bar Council Sports, Charity
and Welfare Committee 2003/2004 studied the matter and proposed the setting up
of a Benevolent Fund for members of the Malaysian Bar called "LawCare" to whom
needy lawyers may turn for pecuniary assistance by way of outright grant or by
loans.
The Benevolent Fund structures of the various Bar
associations of many legal jurisdictions including England & Wales, Scotland,
Hong Kong, Singapore, Victoria Australia, India, Canada and New Zealand were
studied whereupon it became clear that there were as many differences as there
were similarities between them. The Committee would therefore have to decide on
the criteria and structure most suitable for the Malaysian Bar in view of
prevailing conditions and limitations. To enable us to do so, we had to
consider, amongst others, the following questions :-
1. Scope: Compulsory or Voluntary/optional
Will every member have to subscribe or will it be optional?
2. Contribution: How to levy contributions?
a. Annual Levy (like Building Fund levy etc) or
b. Deduction from subscriptions or
c. One time Assessment from time to time or
d. Limited Time levy (eg. Say RM200 per annum for 10 years)
3. Beneficiaries: Who will be eligible to apply for assistance?
a. Which of the following?
b. Current Bar members, past Bar members, spouses, children,
parents dependants?
4. Assistance For : What will the fund cover?
Illness, Permanent Incapacity, Temporary Incapacity,
Children's Education etcs?
5. How much and how?:
a. Limited or unlimited? Will there be a limit to the
amount of assistance rendered and if so, how much?
b. Across the Board or Discretionary? Will every
member be entitled to assistance as of right or will each application be
considered on a case to case basis?
6. If discretionary, who decides? Bar Council or separate Committee? What are
the guide lines?
a. How to prevent abuse? How to ensure transparency and yet
assure confidentiality?
b. Outright grant or loans? If loans, secured or unsecured?
7. Management: Bar Council v. separate Benevolent Association. What are
the pros and cons of each?
8. Fund Management: Bar council who will probably just place funds
in Fixed Deposit) or professional Fund Managers with power to invest this will
maximise returns but not without risks).
9. If compulsory contribution but discretionary assistance, how to make
it fair to all?
Finally Rules were drawn up by Mr Ravichandran and Ms Serene
Ong and approved by the Bar Council. These may be found in the Appendix attached
to this article.
The Committee had recommended that LawCare be funded by annual payments of
RM100.00 levied on members of the Bar and had requested the Bar Council to
propose a motion to this effect at the AGM of the Malaysian Bar 2004. The Bar
Council declined. Mr Jagjit Singh filed a motion to this effect but was
unfortunately unable to attend the AGM. His motion was therefore not considered.
It is now left to the incoming committee to decide whether to pursue the matter
further.
Apart from levies, LawCare will also be funded from donations, fundraising
projects, subscriptions and bequests.
FUNDRAISING
To kick off the Malaysian Bar's benevolent fund, "LawCare", the Bar Council's
Sports, Charity & Welfare Committee organized "Malam Sekalung Budi", a fund
raising dinner show and dance in aid of LawCare and the Malaysian Children's Aid
Society. His Royal Highness, Sultan Azlan Muhibbuddin Shah, Paduka Seri Sultan
Perak Darul Ridzuan and our former Lord President graciously agreed to be the
patron for the event.
The event was held on 10th of January 2004 at the Renaissance Hotel, Kuala
Lumpur graced by the DYTM Raja Muda Perak, Raja Dr Nazrin Shah Ibni Sultan Azlan
Muhibbuddin Shah. The programme included speeches by the Bar Council President
and the Committee's Chairman, the official launch of LawCare by DYTM Raja Muda
Perak, dinner, a dutch auction, lucky draws and a show by the ever popular "Alleycats".
An enjoyable evening was had by all.
The response by the Malaysian Bar to this event was gratifying. A total of 61
tables, ranging in price from RM1,500.00 to RM25,000.00 per table, were taken
up. A total of RM63,500.00 (including a most generous donation of RM30,000.00
from HRH Sultan Azlan Muhibbuddin Shah, Paduka Seri Sultan Perak) was received
by way of cash donations. Further sums were raised from the sale of souvenir
items at the function, advertising space in the souvenir programme and from the
dutch auction and lucky draws.
Some of the expenses including those of the LawCare launch and the souvenir
items were borne by sponsors sourced by our ever enterprising and well-connected
Mr Jagjit Singh.
Malam Sekalung Budi eventually netted a sum of RM231,011.22, which is a record
for the Malaysian Bar. Never before has any previous fund raising event or any
one year's fund raising by the Bar even come near to raising this amount.
This success would not have been possible without the support of the members of
the Bar and the hard work put in by the Bar Council Director, Ms Catherine Eu
and her staff, particularly, Lynette Tan, Thoo May Leng, Rozi, Helena, Chitra
and Lisa and the dedication and work put in by the Committee, in particular, Mr
Jagjit Singh, Mr Oommen Koshy, Mr Rajendra Raj, Ms Yasmeen Sharif, Ms Serene Ong,
Mr Alex Tan, Ms Kathleen Nunis, Ms Melissa Kaur Manakh, Mr CY Chong, Mr Robert
Low and last but far from least, Mr S. Ravichandran.
CONCLUSION
The Bar Council year 2003/2004 saw the setting up of LawCare and the raising of
a large sum of money to ensure a sound start for the fund. Much still has to be
done to ensure its continuing success including the possibility of taking
advantage of the large membership of the Bar, to obtain a special medical
insurance policy at competitive premium rates for the benefit of members. We
wish the incoming committee all the best in its endeavours.
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Circular No 109/2012: Be a Part of the Bar Council Constitutional Law Committee
