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Number of Members present: 1,386

Motion 1:

The Malaysian Bar views with disquiet and grave concern the direction in which the 1997-1998 Bar Council is leading the Malaysian Bar and hereby resolves that notwithstanding the importance of fostering cooperation and proper relations with all levels of the Judiciary, the Bar Council shall not deviate from its traditional and statutory roles and shall, inter alia:-

(a) vigorously represent, protect and assist all members of the Bar in securing the equality of treatment and respect which members of the Bar as officers of the Courts are entitled to be accorded by all levels of the Judiciary;

(b) timeously and without fear or favour voice its view publicly on any issue affecting the Federal Constitution, the rule of law, human rights, the administration of justice, the law and the legal profession;

(c) be vigilant and expeditiously go to the aid of any member of the Malaysian Bar who may by reason of the performance of his/her duties as an advocate and solicitor, appear to be unfairly or unjustly treated by any branch of Government; and

(d) uphold the cause of justice without fear or favour.

Proposer: Y.M. Raja Aziz Addruse
Seconder: Mr Christopher Leong Sau Foo

Resolution:

The Motion was amended by deleting the word “views with disquiet and grave concern the direction in which the 1997/98 Bar Council is leading the Malaysian Bar.” The amended Motion was carried.

Motion 2:

The Malaysian Bar urges the Bar Council to continue to:-

1) maintain and promote the consultative working relationship with the Judiciary at all levels to promote the administration of justice and the daily work of practising lawyers;

2) ensure the Bar is consulted on matters relating to changes in practices and the Rules of Court;

3) represent effectively and expeditiously the grievances of the Bar members on complaints in Court with a view to speedily resolving problems;

4) at all times to uphold the cause of justice without fear or favour in the most effective way.

Proposer: En. Shahul Hameed Amirudin
Seconder: Mr D.P. Naban

The Motion was withdrawn.

Motion 3:

In order to achieve a fairer and more democratic representation of the Malaysian Bar on the Bar Council, it is resolved that the Bar Council increases from 12 to 20 the number of members for election by postal ballot to the Bar Council for the year 1999-2000.

Proposer: Mr Tommy Thomas
Seconder: Mr R.. Sivarasa

The Motion was withdrawn.

Motion 4:

In order to accomplish transparency and accountability of office bearers, it is resolved that all candidates for all offices of the Bar Council for the year 1998-1999 be required to make brief oral presentations of their manifestoes to the Annual General Meeting on 21st March 1998, and that this practice continues for future elections unless otherwise revoked by resolution of the Malaysian Bar.

Proposer: Mr Tommy Thomas
Seconder: Mr R. Sivarasa

This Motion was withdrawn.

Motion 5:

WHEREAS

1) One of the objects of the Malaysian Bar is to represent, protect and assist members of the legal profession in Malaysia;

2) More than sixty per cent of the Malaysian Bar comprise practitioners of less than seven years’ standing;

3) The proper management of the affairs of the Malaysian Bar is vested in the Bar Council;

4) The State Bar Committees are empowered to promote and safeguard the interests of the members of the State Bar; and

5) By virtue of S. 46(A)(1)(a) of the Legal Profession Act, 1976 all members of the Bar of less than seven years’ standing are disqualified from being a member of the Bar Council or State Bar Committee.

THEREFORE THIS HOUSE HEREBY RESOLVES THAT

the Bar Council takes such steps as it may deem fit and proper to have S. 46(A)(1)(a) of the Legal Profession Act, 1976 amended to enable members of the Malaysian Bar of less than seven years’ standing to qualify to be members of the Bar Council or State Bar Committees or of any committee of the Bar Council or a State Bar Committee.

Proposer: Mr R.R.. Chelvarajah
Seconder: Mr Mah Weng Kwai

Resolution:

The Motion was unanimously adopted.

Follow-up Action:

The Bar Council submitted a proposal to the Attorney-General’s Chambers to amend Section 46(A)(1)(a) of the Legal Profession Act 1976 to abolish the 7 years’ requirement about 4 years ago. Although the Attorney-General recognises in principle that young lawyers’ voices ought to be heard in the Bar Council and has discussed the reservation of seats on the Council for junior lawyers with the Council, there has been no progress on the matter.

Motion 6:

WHEREAS

1) The present membership of the Malaysian Bar is 7,615 and is growing about 800 members per year.

2) By virtue of S. 70(2) of the Legal Profession Act (“LPA”) 1976 the quorum for the Annual General Meeting (“AGM”) of every State Bar shall be one third of the total number of members of the State Bar.

3) By virtue of S. 67(1) of the LPA 1976 the quorum for a general meeting of the Malaysian Bar shall be one-fifth of the total number of members of the Malaysian Bar.

4) By reason of the large number of members required to form the quorum for the AGM in the State Bars and of the Malaysian Bar, the AGMs of the State Bars and the Malaysian Bar have often been adjourned due to a lack of quorum resulting in heavy expenses being incurred by the State Bar Committees, the Bar Council and members and inconvenience caused especially to outstation members.

NOW IT IS HEREBY RESOLVED THAT

the Bar Council takes such steps as it may deem fit and proper to have S. 70(2) and S. 67(1) of the LPA 1976 amended to reduce the quorum of the AGMs of the State Bars and of the Malaysian Bar to one-fifth (1/5) of the total number of members of the State Bars or 500 members whichever is the lesser, and to one-fifth (1/5) of the total number of members of the Malaysian Bar or 750 members whichever is the lesser, respectively.

Proposer: Mr Mah Weng Kwai
Seconder: Mr R .R..Chelvarajah

Resolution:

The Motion was unanimously adopted.

Follow-up Action:

Although proposals to amend S. 70(2) and S. 67(1) of the Legal Profession Act had been submitted to the Attorney-General’s Chambers as far back as 1995, not much progress has taken place. The Council will continued to pursue the matter with the Attorney-General.

Motion 7:

The Malaysian Bar recalls its resolution of the 51st A.G.M. on 22nd March 1997 on the question of equality between advocates and solicitors and hereby:-

a) reaffirms the spirit of the said resolution and the Malaysian Bar’s opposition to any moves to create divisions or categories on the rights of audience of members of the Bar; whether on an exclusive or non-exclusive basis; and

b) directs the Bar Council to take all necessary measures to protect this position and not to act in any manner to undermine the said position.

Proposer: Mr R. Sivarasa
Seconder: Mr Cecil Rajendra

Resolution:

The Motion was unanimously carried.

Motion 8:

It is resolved, that in the interest of promoting greater accountability, the Bar Council shall have dialogue sessions with all members of the Malaysian Bar at least once every four months.

Proposer: Mr Charles Hector
Seconder: Mr Joseph Mathews

Resolution:

The Motion was put to the vote and defeated.

Motion 9:

WHEREAS

A) At the last Annual General Meeting of the Malaysian Bar the members of the Malaysian Bar had passed a resolution unanimously opposing any measures that will have the effect of removing/diluting the rights, privileges and equality as between advocates and solicitors.

B) The Bar Council had on 17th January 1998 agreed that a National Young Lawyers Committee be formed as a committee within the Council.

C) The aforementioned Committee will comprise of:-

i) Two (2) representatives from each state representing members with less than 7 years’ standing at the Bar;

ii) Seven (7) members from the Bar Council.

iii) Six (6) representatives elected from the floor.

D) Section 35(1) of the Legal Profession Act 1976 clearly states as between themselves advocates and solicitors shall have the same right and privileges without differentiation.

E) The formation of the aforementioned Committee seeks to undermine the spirit and objective of the aforementioned resolution.

F) The formation of the aforementioned Committee will create two (2) distinct and separate classes or categories of members of the Bar based on the number of years in practice, i.e. senior lawyers viz. Those with 7 years’ standing or more at the Bar and junior lawyers, those with less than 7 years’ standing at the Bar.

G) Section 46(A)(1)(a) of the Legal Profession Act 1976 states that a person shall be disqualified from being a member of the Bar Council or a Bar Committee or of any committee at the Bar Council or a Bar Committee:-

a) unless he is and has been an advocate and solicitor for the period of not less than seven years, or for periods which in the aggregate amount to not less than 7 years.

H) The proposed composition of the aforementioned Committee will thus contravene the express words of Section 46(A)(1)(a) of the Legal Profession Act 1976.

I) Section 58(4) of the Legal Profession Act 1976 states that the Bar Council shall not delegate to a committee appointed under this section any of its functions unless at least two thirds of the members of the committee (including the Chairman thereof) are members of the Council.

J) The formation of the aforementioned Committee contradicts the express words of Section 58(4) of the Legal Profession Act 1976 and thus is an illegally constituted Committee.

THEREFORE THE MALAYSIAN BAR RESOLVES

To oppose and record its dissatisfaction on the formation of the National Young Lawyers Committee as the formation of the said committee is ultra-vires the Legal Profession Act 1976 and will create a classification, categorisation and segregation of the Malaysian Bar to ‘junior advocates and solicitors’ and ‘senior advocates and solicitors’ based upon the number of years’ standing at the Bar.”

Proposer: Mr Mathew George
Seconder: Mr T. Rajasekaran

Resolution:

The Motion was defeated by 135 votes as against 70 votes.

Motion 10:

In the matter of that part of the Annual Report and Accounts relating to Legal Aid this House resolves that the sum of RM100.00 paid annually by each member towards Legal Aid had been wholly improperly applied by the Bar Council to pay for

i) Rentals for office space for so-called legal aid centres;

ii) Wages, provident fund and Socso contributions for clerks, secretaries, typists and other staff to man such so-called legal aid centres;

iii) Electricity charges for light and air-conditioning and telephone charges of such so-called legal aid centres;

iv) Stationery, paper, file covers, equipment and furniture for such so-called legal aid centres,

instead of being wholly utilised to make provision to pay the remuneration wholly or in part of members who may have represented impecunious persons under a scheme set up as on a true construction intended by Section 42(1)(h) of the Legal Profession Act 1976 in order to satisfy both

i) the members who rendered such services as well as

ii) the numerous impecunious persons who were not represented in our courts by advocates and solicitors last year owing to their poverty.

Proposer: Mr A. Kanesalingam

The Motion was not debated due to time constraint.

Motion 11:

Resolution No. I

It is resolved that, inter alia, the economic downturn, the annual subscription of the members of the Bar be reverted to RM175.00 from the present RM350.00 to which it was increased last year.

Resolution No. II

It is resolved that, inter alia, the economic downturn, the annual contribution to the Legal Aid Fund by the members of the Bar be reduced to RM50.00 from the present RM100.00 a month.

Proposer: Mr W.E. Balasingam
Seconder: Mr M. Arasaratnam

The 2 Motions were not discussed as both the Proposer and Seconder were not present.