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Number of Members present: 788

Motion 1:

The Malaysian Bar humbly appeals to His Majesty the Yang di Pertuan Agong in his mercy and compassion to exercise the Royal prerogative and reprieve Mr Sim Kie Chon from the death sentence which has been passed upon him by a Court which had no opportunity to choose any other sentence or to take into account the fact that no evidence was produced that Mr Sim was a threat to national security.

Resolution:

It was unanimously agreed that this Motion be adopted.

Motion 2:

The Malaysian Bar directs the Bar Council to make appropriate representations on behalf of the Malaysian Bar to the authorities to review cases of persons under sentence of death for possession of firearms/ammunition where no evidence has been produced of a threat to national security.

Resolution:

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

Motion 3:

The Malaysian Bar deplores the bringing of charges carrying the death sentence under the Internal Security Act when there is no evidence presented to the Court that the alleged offence is one which affects the security of the country and the accused person is given no opportunity to refute any allegation that such security is affected.

Resolution:

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

Motion 4:

The Malaysian Bar calls upon the Government to introduce an amendment to the Internal Security Act so as to provide that any charge requiring the death penalty to be imposed must be supported by sufficient evidence of a threat to national security.

Resolution:

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

Motion 5:

The Malaysian Bar calls upon the Government to introduce amendments to those provisions of the Internal Security Act imposing a mandatory death sentence so as to allow the Court a discretion to pass an alternative of imprisonment where the Justice of the case so requires.

Resolution:

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

Motion 6:

The Malaysian Bar being unanimously of the opinion that there are sufficient provisions in the Criminal Procedure Code to bring guilty persons to justice urges the Government in the interest of justice to repeal the Essential (Security Cases) (Amendment) Regulations which preclude a fair trial.

Resolution:

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

Motion 7:

In view of the fact that Section 113 of the Criminal Procedure Code in its original form stood the test of time as the criterion for the admissibility of statements by accused persons and was amended in 1976 in a manner so as to totally deprive accused persons of the protection which they have hitherto enjoyed against the use in court of forced or induced statements, the Malaysian Bar calls upon the Government to repeal the 1976 amendments.

Resolution:

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

Motion 8:

Based upon the principle that justice must not only be done but must be seen to be done, the Malaysian Bar is of the view that it is inappropriate and unseemly that the Attorney-General, who is the Public Prosecutor and who is responsible for the bringing of charges involving the death penalty and for their prosecution should be a member of the Pardons Board when he has in any event a right to submit a written opinion to the Pardons Board and calls upon the Government to amend the Constitution

(a) So as to exclude the Attorney-General from the Pardons Board;

(b) So as to provide that the Pardons Board shall take into account any representation in writing from the convicted person or his representative;

(c) So as to provide that any written opinion by the Attorney-General and any written representation by the convicted person or his representative shall be delivered to each other at the time of submission to the Pardons Board.

Resolution:

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

Motion 9:

The Malaysian Bar resolves to reaffirm the principle that mutual respect, courtesy and consideration between the Bar and Bench are essential to the administration of justice and deplores any breach thereof.

Resolution:

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

Motion 10:

This meeting resolves that the Bar Council do contest the proceedings commenced against the Bar Council in the High Court, Seremban vide Civil Suit No. 27B of 1985 and that this meeting do stand adjourned until the finalisation of the said proceedings.

Proposer: Mr S. Krishna Ayer
Seconder: Mr Veerasamy Rajendran

Resolution:

The Motion was defeated by majority vote.

Motion 11:

The Malaysian Bar declares its unequivocal support for Mr Karam Singh in his courageous upholding of the finest tradition of the Bar in defending his client’s life without fear of the consequences on himself and directs the Bar Council to defend him in the contempt proceedings filed by the Attorney-General and further directs that all costs and penalties arising therefrom be borne by the Bar Council.

Proposer: Ms Chew Swee Yoke

Resolution:

The Motion was defeated by majority vote.

Motion 12:

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 with death should be given every latitude and indulgence permitted by law in respect of time and procedure to prepare his case or defence.

Proposer: Mr Lee Min Choon
Seconder: Mr Matthias Chang

It was agreed that the Motion be deferred to the next AGM.

Motion 13:

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

It was agreed that the Motion be deferred to the next AGM.

Motion 14:

That the Malaysian Bar has no confidence on the whole Executive Committee of the Bar Council.

Proposer: Mr K.B. Thuraisingham & Mr Wee Choo Keong
Seconder Mr James Selvamuthu

Resolution:

The Motion was defeated by an overwhelming majority.

Motion 15:

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

The Malaysian Bar acknowledging the competence of Parliament to promulgate any enactment it deems necessary 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

It was agreed that the Motion be deferred to the next AGM.

Motion 16:

The Bar resolves 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 attempt to deny such a right as unacceptable sacrifices at the altar of expediency.

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

It was agreed that the Motion be deferred to the next AGM.