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Committee Members
Edmund Bon Tai Soon (Chair)
Desmond Ho Chee Cheong (Deputy Chair and Malacca representative)
Dipendra Harshad Rai (Deputy Chair and Kuala Lumpur representative)
Noreen Binti Ahmad Ariff (Deputy Chair)
Abdul Shukor Bin Tokachil
Ahmad Nizam Bin Mohamed (Kelantan representative)
Albert Ding Choo Earn (Johor representative)
Aminuddin Bin Abdullah (Pahang representative)
Angeline Cheah Yin Leng
Athena Ang Ciang Ling
Audrey Quah Hooi Kean
Benjamin A/L Sathyanandam
Chong Kok Yew (Perak representative)
Dara Waheda Binti Mohd Rufin
Donovan Cheah Swee Kin
Ernie Suffani Binti Salim
Farez Bin Mohd Ali Jinnah
Gavin Tang Cheng Loong
Janice Toh Sue Lyn
Juna Binti Jusoh (Terengganu representative)
Kamaliyah Mohd Hafiz
Karthigesan A/L Shanmugam
Kenny Lai Choe Ken (Perak representative)
Kho Yieng San
Kirupakaran A/L K. Visuvalingam
Lai Chee Hoe
Lawrence Chiong
Lee Chooi Peng
Lee Shih
Letchumy Praba A/P Muttaya
Lim Fang Say
Logendran A/L K. Narayanan
Mohd Busyairy Bin Che Muda
Nadsrul Umur Bin Shamsulhuda (Kelantan representative)
Ng Chung Yee
Nik Waheeda Binti Nik Kamarulzaman
Noor Arianti Binti Osman
Noor Hidayah Binti Mohd Azmi (Pahang representative)
Nurul ‘Akhmar Binti Mohd Shafiee (Johor representative)
Nyanasambantha Thevar A/L Subramaniam (Selangor representative)
Puspawati Binti Rosman
Premanand A/L Adaiken (Kedah/Perlis representative)
Rashpal Singh A/L Khajan Singh
Rezalman Bin Bahran
Richard Wee Thiam Seng
Seira Sacha Binti Abu Bakar (Kuala Lumpur representative)
Selvarani A/P Thiyagarajan
Shanmuga A/L A. Kanesalingam
Simranjit Kaur Gill
Siti Saleha Binti Mohamad Tahir (Terengganu representative)
Sulaiman Bin Abu Bakar (Kedah/Perlis representative)
Sunil Lopez A/L Ceasar Lopez
Syamsuriatina Binti Ishak
Teo Nie Ching
Tracy Hah Yan Shan
Wong Fook Meng
Chandrika Bhaskaran (Officer in charge)
Highlights
The work of the National Young Lawyers Committee (the
Committee) continued this term at a rapid yet controlled pace. Interest in the
Committee’s varied activities grew, and new members joined the Committee.
Methodological and structural reform implemented last term held the Committee in
good stead. Initiatives of the last term saw fruition, and new projects were
launched.
At the time of writing (8 January 2008), the Committee has met on 9 occasions,
with its 9th meeting held on 14 December 2007. A report of some of our work this
term follows.
Young Lawyers Committees (YLCs) of the State Bars
With the repeal of section 46A(1)(a) of the Legal Profession
Act, 1976, the Committee noted an increase in the number of young lawyers
wanting to take part in our activities. We have encouraged these young lawyers
to work at the State level YLCs to develop and strengthen the work of the State
Bar Committees, particularly in relation to young lawyers.
Feedback from this effort has been encouraging, and evidence of various projects
of the State level YLCs may be found here: http://www.malaysianbar.org.my/nylc.
Notably, the ‘West Coast Charity Nite’, held simultaneously on 29 June 2007 in
Perak, Kuala Lumpur, Malacca and Johor, and organised by the respective State
YLCs, raised in excess of RM40,000.00 for charitable causes.
A few months later, on 17 November 2007, the ‘Young Professionals Alliance’ was
launched. Led by the Kuala Lumpur Young Lawyers Committee, and in joint
co-operation with the Malaysian Pharmaceutical Society of Malaysia, the
Malaysian Institute of Chartered Secretaries and Administrators and the
Institute of Engineers Malaysia, the Alliance seeks to encourage greater
networking, joint continued professional development and community projects.
Unfortunately, the Penang and Negeri Sembilan State Bar Committees decided (in
early 2007) not to re-activate their YLCs resulting in a gap of co-operation
between these State Bars and the Committee. As a result, young lawyers in Penang
and Negeri Sembilan lost out with many having to seek an alternative platform to
contribute to the work of the Bar. Nevertheless, the Committee has continued to
provide some of these members with the opportunity to serve the Malaysian Bar at
the national level.
While some members of the Bar still wish to debate the existence and utility of
YLCs, it would be useful if the energy channeled into such debate were expended
instead on working with YLCs. It should be noted that the YLCs structure of the
Bar exists in similar fashion in other leading jurisdictions. Some have sought
our assistance in their work.
The aim of the YLCs is constructive and its work is meaningful. Young lawyers
are by and large shut out, whether by design or accident, from leadership
positions at the Bar or frequently, their interests are neglected or overlooked.
The YLCs allow young lawyers the opportunity to become actively involved in some
of the Bar’s activities and further enhance the process of assimilation, thereby
helping to develop a sense of belonging to the Malaysian Bar.
The Committee continues to pro-actively explain this position, and supports the
work of YLCs of the State Bars willing to co-operate to enhance members’
contributions to the Malaysian Bar.
1st Young Malaysians Roundtable Discussion (YMRT)
With the Centre for Public Policy Studies (CPPS), the
Committee co-organised the YMRT titled ‘National Unity and Development in
Malaysia: Challenges and Prospects for Nation Building’ on 3 April 2007.
Officiated by HRH Raja Dr. Nazrin Shah, the aim of the YMRT is to educate and
receive views of the youth on issues such as ethno-religious politics, education
policies and ways to forge a national identity. The discussion brought together
a record number of participants including academics, students, non-governmental
organisations and members of the public.
An open dialogue on the role of the youth in shaping our country was held as
part of the discussion, culminating in a 20-point ‘Consensus Document’ making
recommendations on strategies to strengthen the multi-ethnic and multi-religious
fabric of Malaysia. The Document further highlights the important role young
Malaysians play in national development and calls for greater space to conduct
constructive dialogue, stressing shared values in place of racist ideologies and
race-based policies.
On 24 April 2007, the Document was presented at Parliament to Datuk Dr. Maximus
Ongkili, Minister in the Prime Minister’s Department in his capacity as Chair of
the Parliamentary Select Committee on National Unity and the Head of the
Department of National Unity and Integration.
Subsequently, a quantitative study on the perspectives of young Malaysians in
Peninsular Malaysia towards national unity was launched. The research study,
known as ‘MINDA MUDA’, the acronym for ‘Menjana Integrasi Nasional Dalam
Masyarakat Muda’ is jointly conducted by CPPS and the Committee. The results and
the report are in the process of being finalised and will be released soon.
On 6 August 2007, CPPS and the Committee were invited to present their views at
a dialogue hosted by the Parliamentary Select Committee on National Unity, and
we were encouraged to continue our work to improve the state of national unity
in the country.
‘Siri Pemikiran Kritis II’ (SPK II)
Following the success of the ‘Siri Pemikiran Kritis I’, its
sequel kicked off in June 2007 with a total of 4 sessions. The series is aimed
at encouraging greater critical thought and discourse on issues affecting all
Malaysians such as national policies and matters of public interest. It also
provides a necessary platform for interactive engagement within civil society.
Led by Dipendra Harshad Rai, and organised in collaboration with Youth for
Change (Y4C), the theme of the sessions this time was ‘Rethinking Malaysia:
In Commemoration of 50 years of Independence’. The sessions saw discussions
on the urbanisation process, development, planning law, corruption, civil
liberties and media freedom. The Committee attempted to cultivate a greater
sense of belonging in Malaysia through active involvement in re-thinking our
past to envision the future we want for this country.
As before, the sessions were well-received and the debates controversial and
lively. Civil Society’s demand for a more integrated approach towards
nation-building was showcased. The third segment of the series is in the
pipeline.
14th Malaysian Law Conference (MLC)
For the first time ever in the history of the MLC, held on
29-31 October 2007, young lawyers were given a pivotal role in the organisation
and planning of the Conference. Led by Richard Wee and working with the MLC
Organising Committee, members of the Committee designed and implemented the 3rd
day of the Conference. The active involvement of young lawyers brought a
youthful flavour to the Conference. Stimulating sessions on contemporary topics
included discourses on the working conditions of young lawyers, problems facing
the Orang Asli and refugees, the role of ASEAN in the Myanmar impasse, and
issues relating to the Federal Constitution.
Further, a regional experiment for greater networking and exchange of ideas
among young lawyers in Sabah, Sarawak, Indonesia, Singapore, Brunei and the
Peninsular was also launched. Hong Kong’s representative was present as an
invited delegate. Known as the ‘South-East Asian Young Lawyers Alliance’, its
terms of reference and objectives are now set out in the ‘2007 Kuala Lumpur
Declaration’ signed at the launch of the Alliance.
With the assistance of the MLC Organising Committee Chair, Roger Tan, the
Committee procured sponsorship to the Conference for 10 young
lawyers/pupils-in-chambers from the Tun Suffian Foundation. Members of the
Committee also formed a dedicated team of web-reporters to publish daily updates
of the Conference sessions.
On the final day of the Conference, the Committee met with the Singapore Law
Society’s Young Lawyers Committee at the sidelines of the Conference to discuss
further initiatives for co-operation between the Malaysian and Singapore Bars.
Nationwide Working Conditions Survey
In Circular 65/2006, the Committee distributed survey forms
to all Bar members for the collation of information towards the compilation of a
report on the working conditions of the junior Bar. A total of 453 respondents
completed and returned the forms.
Led by Desmond Ho, the Committee produced a report on the results of the survey
which was released for discussion at the MLC. It will be uploaded on the Bar
website soon. Members are encouraged to peruse the report which provides data on
practice demographics of young lawyers encompassing areas such as remuneration
and benefits, working hours, work-life balance and career change options.
The Committee welcomes feedback as we discuss follow-up action to be taken on
the report.
Publications in PRAXIS and the Bar website:
www.malaysianbar.org.my
Led by Teo Nie Ching and Angeline Cheah, the Committee
continued to assist and support the Bar Council’s publications by working in
close co-operation with the Editor of PRAXIS and the Malaysian Bar Webmaster.
The ‘Putik Lada’ section in PRAXIS continues to provide a channel for
young lawyers to contribute their thoughts in writing. Meanwhile, the ‘YL
Personality’ series on the Malaysian Bar website has to-date featured 36
interviews with young lawyers. Regular reporting of events and court cases is
also conducted by members of the Committee.
In a fresh effort, the Committee in collaboration with the Malaysian Bar website
launched an occasional column entitled ‘tête-à-tête’ on 25 June 2007. The column
aims to document interviews with senior lawyers to harness their views, and to
tap and share their experiences on various issues for the benefit of the Bar
members.
Flood Fund
In Circular 15/2007, the Committee spearheaded the initiative
to raise funds for more than 60,000 people evacuated from their homes due to the
December 2006 floods in the south of the Peninsular. We managed to collect a
total sum of RM22,531.36, and disbursed the same (by a combination of cash
donation and purchase of basic necessities) to various affected communities
including the Orang Asli and students of Tamil schools.
The Committee is grateful to all members who contributed generously to the Fund
and to those who worked tirelessly to distribute aid on the ground including the
Centre for Orang Asli Concerns and the Tamil Foundation of Malaysia.
Solomon Islands Tsunami and Earthquake Relief Fund
On 2 April 2007, the world was shocked with news of a massive
earthquake and tsunami which struck parts of the Solomon Islands resulting in
considerable loss of life and extensive property damage. In Circular 82/2007,
the Committee organised a donation appeal for survivors of the tragedy. A total
of RM12,770.00 was collected and sent to the Solomon Islands Bar Association to
be disbursed to the Red Cross and other relief agencies. Water tanks and medical
supplies were some of the items procured from the funds.
The Committee is grateful to all members who contributed generously to the Fund.
Walk-In Clinic
Led by Lee Chooi Peng, the Committee held the Bar’s inaugural
‘Walk-in Clinic’ on 20 October 2007. The aim of the Clinic is to deal with
queries by law students, pupils and young lawyers regarding legal practice. This
includes assisting them to understand the working environment, culture and types
of work involved in firms of different sizes. Further, the Clinic provided an
overview of what is to be expected during pupilage.
The 2nd Clinic will be held at the Kuala Lumpur Bar Committee’s ‘Legal Careers
Fair’ on 12 January 2008.
Bar Council booth at the International Islamic University Law Society’s Info
Day
The Committee participated in the event held from 5-7 March
2007. Held at the Moot Court foyer of the University, the main objective is to
disseminate information about the Bar as well as current issues within the legal
fraternity to law students.
Bar Council booth at the United Kingdom and Eire Malaysian Law Students’ Union’s
Law Careers Convention (KPUM)
The Committee participated again at the Convention held on 25 August 2007 at the
University of Malaya. It provided another avenue for law students to gain a
better understanding of the profession and exposed them to the roles and
functions of the Bar Council.
Walk for Justice
After the release of the video recording depicting a lawyer
speaking on a hand-phone regarding judicial appointments, the Bar Council
organised the now historic ‘Walk for Justice’ from the Palace of Justice to the
Prime Minister’s office on 26 September 2007. More than 2,000 lawyers and
members of the public took part in the Walk. Working with the Human Rights
Committee, the Committee assisted in the organisational and logistical aspects
of the Walk. Members of the Committee also volunteered themselves as marshals to
ensure the safety and discipline of the participants during the Walk.
National Youth Consultation Conference (NYCC)
Together with the Kuala Lumpur and Selangor Chinese Assembly
Hall Youth Section, Pusat Janadaya (EMPOWER), Solidariti Mahasiswa Malaysia (SMM)
and Youth for Change (Y4C), the Committee co-organised the NYCC themed ‘A
United Force for Change: Chances and Challenges for Young People in the General
Elections’ on 2 December 2007. The aim of the Conference is to review
existing policy and governance frameworks of the nation and map programming
efforts to advance greater democratic accountability by the Government and its
partners. The Conference additionally provided a space for young citizens to
express their concerns and reflect on visions of the future within the layered
dimensions of a democratic country.
The Conference was a success with more than 100 participants from various
organisations attending, and discussions were robust. It culminated in a draft
National Youth Agenda which is pending the approval of the participants and
organisations involved.
3rd Young Lawyers Convention
Led by Dipendra Harshad Rai and Noreen Ariff, the Committee
is organising its 3rd Young Lawyers Convention to be held on 18-20 January 2008
at the City Bayview Hotel, Penang. The theme of the Convention is ‘Independent,
Innovative and International’. Interesting sessions planned include ‘The New
Lawyers: Gen-Y’, ‘The Learning Curve: Continuing Professional Development’, ‘IT:
How does it make us Mighty?’ and ‘Standing out in a Crowded Profession’.
This year’s Convention will be no different from the previous ones in terms of
activities and goals. The theme is meant to convey 3 core attributes which need
to be inculcated as part of a young lawyer’s value system to meet the challenges
of the future. Eminent speakers, both young and more senior, have been invited
to share their thoughts and experiences. To make the Convention interesting,
more informal and interactive sessions have been lined up. The Committee is sure
that the delegates will benefit from the Convention.
For the first time, we are seeking to have the Convention funded entirely by
corporate sponsors without utilising any money from the Bar. In addition, we aim
to make a modest profit for the Bar. The Committee has procured sponsorship for
10 young lawyers/pupils-in-chambers to attend the Convention from the Tun
Suffian Foundation, and we wish to gratefully acknowledge the Foundation for its
continuous support of our activities.
Abstract
It was yet another productive and meaningful year. The
Committee members’ enthusiasm, not only towards the Committee’s own projects,
but also to those of the Bar Council and other committees, is a positive sign of
unity and comradeship. This augurs well for the future of the Bar.
The results flowing from the Committee and the State level YLCs’ work have been
encouraging. In recent years, we have seen a larger pool of young lawyers
willing to give their time and energy to the Bar. We have also witnessed a
resurgence in Bar activities (to the detriment of our funds!), and increased
interest in the important work of the Bar. The growing number of young lawyers
working in unison with more experienced members to achieve our common goals
reflects well on all concerned. Spurring on this development is the realisation
that the Bar has grown very large very quickly, and that the young lawyers of
today are the future leaders of tomorrow. Already, many young lawyers have been
elected to State Bar Committees across the country.
In any organisation, nevertheless, it is the hope of the membership that our
leaders will not tire and at the same time, will allow the participation of all
members in greater measure. When however it is opportune for those who have made
sufficient contributions to gradually step aside and make room for new members
with fresh ideas to emerge, the Committee has unwittingly played a small part in
identifying and nurturing future leaders of the Bar. Within the young lawyers
movement too, injections of invigoration and calculated refreshment must always
be embraced in the spirit of strengthening the Bar. Present leaders should never
be permanent fixtures. It follows that there is a pressing need for new members
to take up the challenges faced by young lawyers and to support the work of the
Committee.
Be that as it may, the Committee notes with much confidence its role in
channeling the energy of those who wish to actively contribute to the Bar, and
at the same time dispelling unwarranted allegations that members are unable, for
the lack of institutional platforms, to serve the Bar.
To all Committee members who have worked hard, and to all members of the Bar who
have given their unwavering support and resolute encouragement, a warm ‘thank
you’. It has been a pleasure serving the Bar.
The Committee wishes to record its appreciation to the Council’s Secretariat
officers, Chandrika Bhaskaran and Lojini Soomaran who have thoroughly assisted
the Committee in its work throughout the term.
As always, the Committee welcomes suggestions and recommendations from members
to improve our efforts and work.
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Circular No 109/2012: Be a Part of the Bar Council Constitutional Law Committee
