The Malaysian Bar - 650 delegates get into thick of action

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650 delegates get into thick of action

Contributed by Stephen Tan Ban Cheng

Monday, 29 October 2007 11:51pm

KUALA LUMPUR, Mon: A record turnout of about 650 delegates dived into the thick of the tight programme of the 14th Malaysian Law Conference after it was opened by the Sultan of Perak, H.R.H. Raja Azlan Shah, at about 10.30 this morning.

The delegates appear to remain undeterred by the absence of Prime Minister Datuk Seri Abdullah Ahmad Badawi, who had earlier promised to launch the conference that focuses on the Malaysian Constitution after 50 years of Merdeka (Independence) on Aug. 31, 1957.

The opening was witnessed by several High Court and Court of Appeal Judges despite what is understood to be an oral directive by the outgoing Chief Justice, Tun Ahmad Fairuz, not to attend the three-day conference held at the Kuala Lumpur Convention Centre.

The Prime Minister’s absence at the function attended by diplomats from many countries and leading academics from overseas was explained by his launching of the massive East Coast Corridor economic development project yesterday.

Conference delegates are expected to attend an unscheduled dinner at 7.30pm tonight at the Renaissance Hotel, an invitation that organizing committee chairman Roger Tan announced when greeting the dignitaries and delegates in his welcome speech.

Earlier in his speech, Tan had referred to the conference’s emphasis on the Federal Constitution. “Our Constitution is the supreme law of the Federation,” he said.

“In the case of Ah Thian v Government of Malaysia in 1976, Lord President Tun Mohamed Suffian declared: ‘The doctrine of the supremacy of Parliament does not apply in Malaysia. Here we have a written constitution. The power of Parliament and of State Legislatures in Malaysia is limited by the Constitution, and they cannot make any law they please.’

“That explains why our Judges and members of Parliament are required to take their oaths to preserve, protect and defend the Constitution,” Mr Tan said, adding to the loud applause of all in attendance at the conference opening:

“An 18th century American lawyer, Patrick Henry, once wrote, ‘The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government...”

In graphic terms, what the famous American patriot was in effect saying is that the law is what political scientists call the cage that prevents the lion of power from mauling the innocent lambs, the black sheep, the hard-working ox and the cunning foxes that are found among the people.