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Number of Members present: 1,263

Motion 1:

To approve an increase in the annual subscription from RM175.00 to RM300.00

Proposer: Bar Council

Resolution:

Although the amended Motion that the subscription be fixed at RM250.00 was carried by a simple majority of 284 votes in favour and 257 votes against, it lapsed as it did not have a 2/3rd majority required by the Act. The subscription remained at RM175.00.

Motion 2:

To approve a levy of RM500 per Member per year for five years for the Building Fund for the purposes of constructing the Malaysian Bar Building.

Proposer: Bar Council

Resolution:

As 327 members, forming more than 2/3rd of the members present, voted against the Motion, it was defeated.

Motion 3:

That the Malaysian Bar, concerned about the deterioration in standards of the administration of justice, calls for:-

(i) the convening of regular meetings between the Judiciary, the Bar Council and State Bar Committees to discuss problems relating to the administration of justice;

(ii) the establishment of uniformity of practice and procedure among the judges in respect of civil and criminal litigation; and

(iii) the re-appointment of the Chairman of the Bar Council as a Member of the Rules Committee.

Proposer: Bar Council

Resolution:

The Motion was carried with 369 votes in favour, 4 against and 5 abstentions.

Follow-up Action:

The Bar Council received complaints from several members of the Bar that Courts arbitrarily struck off their cases as a result of the resolutions passed by the Malaysian Bar at the AGM pertaining to the general deterioration in the standard of administration of justice. Following that, the Bar Council sent a Memorandum to the Chief Justice regarding complaints by lawyers as regards the administration of justice in the Courts. The Chief Justice replied that the bulk of cases struck off were justified due to the defective documents filed by lawyers and furnished specific instances where breaches of the Court Rules were clearly committed. A note was sent to the Chief Justice seeking his permission to publish his letter in the Infoline so that Members of the Bar would be aware of the requirements of the Court to avoid their cases being struck off. No reply was received.

Motion 4:

That Members ordinarily practising in Wilayah Persekutuan contribute a sum of RM100.00 each annually to the Malaysian Bar to place in a Library Fund to be maintained exclusively for the purchase of law reports, reviews, law books, computer material and other expenses for the Bar Library located in the Federal Territory.

Proposer: Mr A. Kanesalingam

Resolution:

The Motion was defeated with a vote of 21 in favour, 81 against and 11 abstentions.

Motion 5:

That each State Bar be granted a sum of money from the Building Fund to purchase a building or land and construction of the building thereon for the use of its Members.

The said sum granted be equivalent to either the full purchase price of the building or of the land and construction of the building thereon or a sum of RM400,000.00 whichever is the lesser.

Proposer: Mr Hira Singh
Seconder: Mr Paul P. Subramaniam

Resolution:

The Motion was defeated with a vote of 15 in favour, 54 against and 1 abstention.