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Number of Members present: 738

Motion 1:

It is hereby resolved that the Bar Council do levy $10.00 per month from each member of the Selangor & Federal Territory and a sum of $5.00 from each member of the Bar from other States (payable in two instalments per year) for a Library Fund to be used for the purchase of Law Books and the maintenance of the Library.

The Motion was withdrawn.

Motion 2:

The Malaysian Bar resolves that in all criminal and civil proceedings involving or connected (directly or indirectly) with the death penalty, a person charged with or already convicted of an offence punishable by death should be given every latitude and indulgence permitted by law in respect of time and procedure to prepare his case or defence, as the case may be.

Proposer: Mr Lee Min Choon
Seconder: Mr Matthias Chang

Resolution:

The Motion was unanimously adopted.

Motion 3:

The Malaysian Bar, being of the view that the circumstances which occasioned the declaring of the various states of emergency in Malaysia having lapsed, hereby resolves that the states of emergency proclaimed on:-

a) 3rd December, 1964 in respect of the whole Federation;

b) 14th September, 1966 in respect of the State of Kelantan;

c) 15th May, 1969 in respect of the whole Federation; and

d) 1977 in respect of the State of Kelantan

should be immediately revoked by the Government.

Proposer: Mr Lee Min Choon
Seconder: Mr Matthias Chang

Resolution:

The Motion was unanimously adopted.

Motion 4:

The Malaysian Bar notes that the High Court in its normal jurisdiction is vested with the responsibility of constitutional interpretation.

The Malaysian Bar acknowledges the competence of Parliament to promulgate any enactment it deems necessary but the Bar reiterates the right of a citizen to hold the judiciary fully accountable for any failure to discharge its obligations to act as a constitutional watchdog.

In this context the Malaysian Bar views with increasing anxiety the apparent inability of the judiciary to curb the rising tide of legislative incursions into the concept of the rule of law.

Therefore the Malaysian Bar resolves to call upon the judiciary to be fearless in the upholding of justice and to maintain its traditional independence.

Proposer: Mr K.B. Thuraisingham
Seconder: Mr Wee Choo Keong

The Motion was withdrawn.

Motion 5:

The Bar resolved to reaffirm the principle that a lawyer has a right to demand a full and fair hearing at all levels of the judicial hierarchy. Whilst recognising the burden of an increasing back-log of cases, the Bar deplores any attempts to deny such a right as unacceptable sacrifice to the altar of expediency.

Proposer: Mr K.B. Thuraisingham
Seconder: Mr Wee Choo Keong

The Motion was withdrawn.

Motion 6:

That the subscriptions for the building fund be discontinued.

Proposer: Mr Lim Kean Chye
Seconder: Mr Ten Chin Yong

Resolution:

The Motion was not carried because it lacked a 2/3rd majority. 155 members voted for the Motion while 86 voted against it.

Motion 7:

The Malaysian Bar resolves and directs the Bar Council to publish the Final Report of the Bank Bumiputra Committee of Inquiry for the information of members and it is further resolved that all members of the Bar shall contribute towards the expenses and any liabilities arising from such publication of the said Final Report by the Bar Council.

Proposer: Mr Lee Min Choon
Seconder: Mr Teh Boon Eng

Resolution:

The Motion was defeated.

Motion 8:

The Malaysian Bar resolves and directs the Bar Council to offer counsel to defend the members of the BMF Committee of enquiry or any person or persons or institutions (including the Press Media) in respect of any legal proceedings arising from the publication in full or any part thereof the Final Report of the BMF Loan Scandal.

Proposer: Mr Ramdas Tikamdas
Seconder: Mr Ramesh Sanghvi

Resolution:

It was decided by majority vote that the Motion be adopted.