From the President
YAB Dato' Sri Mohd Najib bin Tun Abdul Razak
Prime Minister
Office of the Prime Minister of Malaysia
Main Block, Perdana Putra Building
Federal Government Administrative Centre
62502 Putrajaya
Malaysia
5 July 2016
Your Excellency
The future of the Malaysian legal profession
The Law Society of England & Wales is concerned about proposed amendments to Malaysia's Legal Profession Act 1976.
English and Welsh solicitors, whether based in London, Singapore, or Kuala Lumpur, work closely with members of the Malaysian legal profession. The Law Society can attest that the bonds between our British and Malaysian legal professions are very strong. The Society itself has a good working relationship with the Malaysian Bar Council. In June 2016, for example, we co–organised a successful delegation of nine Malaysian law firms to London. We have always considered the Malaysian Bar Council as an embodiment of Malaysia's international ambitions and democratic credentials. We know our views are shared by many here in England and Wales, and in other jurisdictions around the world.
We are dismayed, therefore, to learn that the proposed amendments risk damaging the international standing of the Malaysian legal profession, the Bar and Malaysian democracy.
We understand the proposed amendments to the Legal Profession Act 1976 include:
the appointment of two government representatives to sit on the Bar Council and represent the government unrealistic new quorum requirements for all general meetings of the Malaysian Bar and State Bars an overhaul of the election process for members of the Bar Council that will limit the profession's ability to participate by abolishing the annual postal ballot measures that seek to limit which members of the Bar can be elected to a seat on the Bar Council, and which are able to run for Bar Council Office Holder positions, and the Minister in charge of legal affairs being empowered to determine the electoral rules and regulations of the Malaysian Bar.
The Law Society is concerned that these proposed amendments will make it impossible for the Malaysian legal profession to manage its regulatory and representative body in an independent manner. As such, these proposals interfere with the independence of the Bar Council, and by extension the wider Malaysian legal profession. This is in violation of international standards concerning the regulation of legal professions, such as the Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 1990:
Paragraph 24 states:
"24. Lawyers shall be entitled to form and join self–governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference."
If enacted, these amendments will not only have a grave adverse impact upon the rule of law in Malaysia and the standing of the Malaysian legal profession, but also damage the international reputation of Malaysia among the international business community. Investors confer great importance to governments upholding the rule of law, as well as preserving the independence of the legal profession and the judiciary. If these proposed changes take place, it is likely that international clients would hesitate to instruct lawyers who cannot offer independent and impartial legal advice or representation without fear or favour. Such interference will cause overseas businesses to reconsider investing in Malaysia, as it will create doubt whether they can obtain due process and fair judgments.
For the reasons stated in this letter, we hope that you will reconsider the proposed amendments given that these are not in the public interest of Malaysia.
We are more than willing to further elaborate our concerns, and would gladly further assist your government on the matters raised in this letter.
Yours sincerely,
Jonathan Smithers
President