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Number of Members present: 2,089

Motion 1:

WHEREAS

1. The Malaysian Academy of Law Bill 2002 (‘the 2002 Bill’) seeks to establish an Academy to be called The Malaysian Academy of Law (the Academy).

2. The principal functions of the Academy as stated in the Bill include inter alia:

a. ‘to promote and maintain high standards of conduct and learning of the members of the legal profession in Malaysia and elsewhere’;

b. ‘to exercise the functions conferred on the Academy under any written law’.

3. Membership of the Academy is defined in the widest possible terms and even includes within its ambit final year law students.

4. The Bill does not take into account any of the views of the Bar Council on the Malaysian Academy of Law Bill 2001 (the 2001 Bill) set out in the Memorandum entitled ‘Bar Council Memorandum: Proposed Malaysian Academy of Law Bill 2001’ dated 9 August 2001 in which the Bar Council had strongly opposed the contents of the 2001 Bill in essence for the following reasons:

a. the Bill usurped and duplicated in too many instances the powers and duties of the Malaysian Bar and provisions governing members of the Bar under the Legal Profession Act 1976 (‘LPA’) especially in matters of discipline and continuing legal education;

b. the Bill appeared to endorse elitism within its ranks;

c. the powers and functions of the proposed Academy were not clearly defined thus paving the way for possible erosion of the role of the Bar Council; and

d. the proposed Academy was not positioned under the Bill purely as an institution of scholarship and professionalism in that the proposed Academy had the power to invest and borrow.

5. The 2001 Bill was revised into the 2002 Bill which now inter alia:

a. makes membership to the proposed Academy compulsory; and

b. further diminishes the role of the Bar Council in the proposed Academy.

6. The Government, not having engaged the Bar Council in discussion or consultation on either of the two Bills now seeks to move the 2002 Bill containing even more far-reaching provisions.

THE MALAYSIAN BAR HEREBY

1. DECLARES that The Malaysian Academy of Law Bill 2002:

a. usurps the functions and powers of the Malaysian Bar under the Legal Profession Act 1976 and ignores its powers and duty to regulate its own affairs;

b. undermines the independence of the Malaysian Bar.

2. STRONGLY OPPOSES the passing of The Malaysian Academy of Law Bill 2002 and any other legislation amending the Legal Profession Act 1976 in consequence thereof and calls upon the Government to engage the Malaysian Bar in meaningful dialogue on the proposed Bill.

3. RESOLVES to continue to oppose any move which will have the effect of undermining the independence or of hindering the Malaysian Bar in the performance of its duties and functions in the administration of justice.

4. RESOLVES that the Malaysian Bar takes appropriate legal action in Court to challenge the Academy of Law Bill or Act.

Proposer: Bar Council

Resolution:

The Motion, as amended, was unanimously carried.