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NATIONAL YOUNG LAWYERS COMMITTEE REPORT 2006/07
Committee Members
Edmund Bon Tai Soon (Chairperson)
Kenny Lai Choe Ken (Deputy Chairperson and Perak representative)
Richard Wee Thiam Seng (Deputy Chairperson Kuala Lumpur representative)
Wong Fook Meng (Deputy Chairperson and Malacca representative)
Agnes Chow Wai Hing
Ahmad Azran Bin Mohd Noor (Trengganu representative)
Ahmad Syukri Bin Yusoff (Trengganu representative)
Aminuddin Bin Abdullah (Pahang representative)
Audrey Quah Hooi Kean
Chen Hong Lynn
Choon Hon Leng
Choy Lai Yi
Damian Yeo Shen Li
Dara Waheda Binti Mohd Rufin
Desmond Ho Chee Cheong
Devkumar a/l K. Kumaraendran (Penang representative)
Edwin Johnson Navis (Selangor representative)
Ernie Suffiani Bt Salim (Kedah/Perlis representative)
Gavin Tang Cheng Loong
Karthigesan a/l Shanmugam (Negeri Sembilan representative)
Krishaveni a/p P. Atanhary (Negeri Sembilan representative)
Lai Chee Hoe
Latheefa Koya
Lawrence Chiong (Johore representative – wef 18.12.06)
Lee Chooi Peng
Lee How Fen (Johore representative – ceased practice wef 18.12.06)
Lim Yang Yang
Low Khim Piow (Johore representative)
Melissa Kaur Manakh (Kuala Lumpur representative)
Mohd Busyairy Bin Che Muda (Pahang representative)
Mohd Fadil b. Mohd Yusof (Malacca representative)
Mohd Shazarulazwan Bin Sarip (Kedah/Perlis representative – ceased practice wef
15.9.06)
M. Moganambal
Nasdrul Umur Bin Shamsulhuda (Kelantan representative)
Ng Chung Yee (Selangor representative)
Nik Elin Zurina Bt Nik Abdul Rashid
Noor Jehan Bt Abu Bakar
Noor Masrurah Bt Hassan
Pamela Geh Cheng Yen (Penang representative)
Phee Boon Leng
Ranjeeta Kaur
Rashpal Singh (Perak representative)
Renuka Balasubramaniam
Rezalman B. Bahran (Kelantan representative)
Roslina Bte Sabiyah
Shanmuga a/l A. Kanesalingam
Simranjit Kaur Gill
Soo Wee Loon
Tan Peck Yen
Teh Tai Yong
Tracy Hah Yan Shan
Will Fung
Zuriana Bt Zakariah
Highlights
It was a hectic yet exciting term for the National Young Lawyers Committee (NYLC)
with several notable achievements. The Committee re-constituted in March 2006
when the Bar Council 2006/07 took office, and opened its doors to new members.
In addition, representatives of young lawyers from each State Bar continue to
hold 2 seats in the NYLC.
With a mix of fresh and seasoned members, the 1st meeting on 5 May 2006 saw the
attendance of 45 members who provided diverse views on the work and direction of
the Committee. In view of the healthy number of ideas that were aired during the
meeting, it became clear that more time was required to do them justice - hence
the decision to hold a 3 day 2 nights “ground-zero” planning meeting. The aim
was to chart the future of the Committee, to strategise on how to make the Bar
more relevant to young lawyers, and correspondingly mobilise and increase
contributions to the Bar.
This historic meeting, and the 2nd Committee meeting, were held together from
9-11 June 2006 at Selesa Hills Homes, Bentung, and were attended by leading
young lawyers from around Malaysia. A Plan of Action and Vision, known as the
“Selesa Conclusions”, was formulated and adopted by consensus. The Plan
provides, inter alia, as follows:
1. We reaffirm that the NYLC aims to represent, protect and promote the
interests of young lawyers of the Bar and to empower them to contribute to
social good.
2. We recognise the following as the core aspirations of the NYLC:
2.1 To profile the NYLC as a platform for young lawyers to voice their views and
concerns on issues affecting the Bar such as the administration of the Bar and
professional practice, and on issues of public interest such as the
administration of and access to justice, and law reform.
2.2 To maintain and nurture good working relationships with other Bar Council
committees, various governmental agencies, NGOs, other organisations and the
media, and to work together with these committees, agencies and organisations in
rallying concern for issues affecting young lawyers and society in general.
2.3 To establish and/or re-activate Young Lawyers Committees at State levels and
to provide opportunities for the effective networking and exchange of
information, ideas and opinions among young lawyers of different states.
2.4 To collate and study data pertaining to the demographics of practice and
working conditions of young lawyers, and to engage employers, the Bar Council
and other stakeholders in constructive dialogue with the intention of creating a
better and wholesome working environment for young lawyers.
2.5 To assist the education and enhance the continuing professional development
of young lawyers in maximising their potential in terms of producing quality
legal work, achieving a balanced and fulfilling career, and contributing to the
Bar and social good.
Given this, 6 working units were formed to implement the vision of the “Selesa
Conclusions”: Leadership and Structure Unit, Identity and Profile Unit, Public
Relations and Liaison Unit, Working Conditions Unit, Continuing Professional
Development Unit and Repeal of s46A Unit.
At the time of writing (23 January 2007), the Committee met
on 8 occasions in total, the 8th meeting being held on 5 January 2007. The
Committee believes that fluid processes and strong, professional foundations
will stand it in good stead for the future. Hence, steps were taken to implement
several methodological and structural changes to the way the Committee conducts
its meetings and activities:
• The Committee elected 3 Deputy Chairpersons who are to chair meetings of the
Committee by rotation, and to oversee the attendant responsibilities.
• English and Bahasa Malaysia are both to be used as the
language of communication at meetings, and minutes of meetings are to be drafted
alternately between both languages.
• Implementation of a reporting system whereby the respective
Unit and State representatives submit written reports (on activities, views or
recommendations) before each meeting for discussion.
• Where members are unable to physically attend a meeting,
they are to be patched in using the Internet via Skype.
These efforts are aimed at increasing the Committee’s effectiveness and output
whilst reducing wastage and expenditure for the Bar.
Regarding achievements of the NYLC, several key milestones require mention:
• The National and State Young Lawyers Committees Structure
The Committee and Young Lawyers Committees at State levels (State YLCs)
continued to grow from strength to strength. On 17 June 2006 (4th Bar Council
meeting), Council adopted the Committee’s resolution with regards to the
structure of State YLCs. The gist of the resolution is as follows:
1. That all State Bar Committees are to establish State YLCs as
sub-committees of the State Bar Committees by the next State Bars' Annual
General Meetings (AGMs).
2. Each State YLC shall consist of 5-15 young lawyers, depending on the size of
the Bar in each State.
3. The State YLC is to be set up by a process of nominations and elections
conducted at the AGMs after the close of statutory business of the meetings.
4. A Chairperson, Secretary and additional committee members shall be elected to
the State YLC.
5. The Chairperson or Secretary shall be invited as observers to attend all
State Bar Committee meetings.
6. State Bar Committees are to give notice of the State YLC elections as part of
the agenda items before the AGMs.
This reaffirmed a previous Council resolution dated 20 January 2001. New State
YLCs then sprouted in Selangor, Pahang, Johore and Malacca in addition to the
existing committees the other States. This completed the establishment of State
YLCs around the country. It is hoped that the practice of constituting State
YLCs will continue.
• Repeal of Section 46A(1)(a), Legal Profession Act, 1976 (s46A)
After a struggle of many years and what seemed like an uphill battle, the Bar
succeeded in lobbying the repeal of s46A. The discriminatory provision was
erased from the statute book on 2 October 2006. The s46A repeal is now a
precedent for perseverance, result-oriented strategies coupled with tactical
lobbying of policy-makers, and deliberate support mobilisation which together,
have achieved the desired result. It is also a lesson that although a goal may
seem impossible in the beginning, it may yet be achieved through hard work and
sheer resolve. Much credit must go to the Committee of previous years, in
particular the Committee under the leadership of Indran Rajalingam, and all
members involved in the “Repeal of s46A Campaign”.
• The NYLC and State YLCs Post-Repeal of s46A
Post-repeal, much discussion raged with regards to the future of the NYLC and
State YLCs. On 2 December 2006 (10th Bar Council meeting), Council adopted the
Committee’s resolution with regards to this issue which in gist is as follows:
1. The NYLC and State YLCs shall continue to exist as per the
current structure adopted by the Bar Council.
2. As a practical guide, the target group of young lawyers is
defined as members who have been in active practice for 7 years or less and who
are 40 years of age and below.
3. Membership of the Committees continues to be open to all
members of the Bar.
4. The aims, objectives and vision of the Committees are as
per the “Selesa Conclusions”.
Further, the Committee is committed to encouraging young
lawyers in all States to seek election to State Bar Committees to lead the State
YLCs and represent the interests of young lawyers. This is especially encouraged
in view of the amended section 70(4), Legal Profession Act, 1976 which increases
the number of committee members in State Bars from 6 to 10. The said amendment
is in tandem with the abolishment of the 7-year bar, and permits a greater
number of members to offer themselves as candidates for election, in particular,
younger members of the Bar. The Committee hopes that at least 2 seats at each
State Bar Committee are held by young lawyers.
• Nationwide Working Conditions Survey
In Circular 65/2006, the Committee distributed survey forms
to all members for the collation of information towards the compilation of a
report on the working conditions of the junior Bar. The purpose of the survey
was to map the practice demographics of young lawyers in Malaysia and to enable
the Committee to better and effectively represent the needs and interests of
young lawyers. With the report, the Committee intends to use a collective
approach to improve the working conditions of young lawyers by engaging, inter
alia, in dialogue with the relevant parties. It would also be a useful reference
for employers who are interested in understanding the working trends of young
lawyers for the purpose of recruitment and retention of young legal talents to
their firms. At the time of writing, the Committee is in the midst of organising
the information in the survey forms, and encourages more members to complete the
survey form.
• Public Inquiry into the Incident at KLCC on 28 May 2006
The Human Rights Commission of Malaysia (SUHAKAM) held a Public Inquiry into the
Incident at KLCC on 28 May 2006, and invited the Bar to participate. The
Committee mobilised lawyers (both members and non-members of the Committee,
namely Amer Hamzah Bin Arshad, Chen Hong Lynn, Edmund Bon, Edward Saw, Fahri
Azzat, Nik Mohamed Ikhwan Bin Nik Mahamud, Ramesh Sivakumar and Richard Wee) to
represent the Bar from 5-18 October 2006. At the culmination of the Inquiry, a
78-page report was drafted by the said lawyers reviewing laws pertaining to the
use of force and freedom of assembly, conducting a comparative study of the same
in the United States of America, Australia, Republic of Ireland, Hong Kong and
United Kingdom, and making recommendations thereon to SUHAKAM on behalf of the
Bar.
• Section 50, Legal Profession Act, 1976 Election Process Review
The Committee reviewed, discussed and made recommendations on the election
process in 2 working papers dated 14 June and 9 July 2006, which were submitted
to Council by Edmund Bon.
• Young Lawyers Forum at the President of Law Associations Conference,
Singapore (25-26 August 2006)
At the invitation of the Singapore Law Society’s Young Lawyers Committee (SYLC),
the Committee mobilised more than 20 young lawyers to attend the Forum at each
member’s own costs. Richard Wee spoke at one of the sessions, and the Committee
held a working meeting with the SYLC. Various avenues of co-operation were
explored including conducting a similar working conditions survey in respect of
Singapore and an exchange programme between lawyers and pupils of both
countries.
• Bar Council Booth at the United Kingdom and Eire Malaysian Law Students'
Union’s Law Careers Convention (KPUM) (26 August 2006)
At the invitation of KPUM, members of the Committee with Secretariat staff
manned the Bar Council booth at the Convention. The response from the law
students was encouraging, and the Committee took the opportunity to expose and
explain the functions and work of the Bar Council and its committees. Many
additional signatures to the Bar’s petition to Establish an Independent Police
Complaints and Misconduct Commission were also obtained. It is hoped that the
Bar’s participation at the Convention will continue in the future.
• YL Personality Interviews
The Committee embarked on a project to interview and profile young lawyers of
the Bar. The aim is to hear the views of young lawyers on a wide range of
topics, and to deal with any problems they may highlight at the Committee level.
It also provides an opportunity to network, and bring members of the Bar closer
in co-operation and unity. It is a fortnightly series disseminated primarily
through the Bar website. At the time of writing, the Committee had interviewed
12 members and the series of interviews has been warmly received. The Committee
welcomes recommendations from members of the Bar of fellow members to be
interviewed with concomitant briefs on areas of interest which should be the
subject of the interviews. The Committee wishes to record our appreciation to
the Malaysian Bar Webmaster for his diligence in moving this initiative forward.
• “Putik Lada” section in PRAXIS
The Committee, with the co-operation and assistance of PRAXIS’ Editorial
Committee, launched the “Putik Lada” section in PRAXIS as a space for young
lawyers’ news, views and activities. Members are welcomed to contribute.
• Malaysian Bar Website: www.malaysianbar.org.my
With a myriad of activities taking place both within the Bar and externally, the
Committee, through its members, assists the Bar Webmaster by contributing
numerous articles and news reports for the website regularly.
• Continuing Professional Development
In support of the work of the Professional Development Committee with special
focus on pupils and young lawyers’ needs, the Committee embarked on a review of
the Ethics lectures programme, and intends to further recommend a standardised
pupilage module.
• Pamphlet on the Bar and Committee
The Committee has prepared a pamphlet to be distributed to pupils. This pamphlet
describes the functions and work of the Bar and Committee. It aims to raise
awareness of and participation in activities of the same.
• Balai Ikhtisas Malaysia (BIM) Young Professionals Committee
The Bar is a member of BIM, and the Committee is represented in BIM’s Young
Professionals Committee by Agnes Chow and Damian Yeo. They attend working
meetings and report developments to the Committee.
• Sponsorship of a young lawyer to the 40th LAWASIA Anniversary International
Conference on Trade, Technology, Communications and Energy, Goa, India (29
September-2 October 2006)
In Circular 63/2006, members were invited to apply for the said sponsorship
which included the return airfare, registration fees and cost of the farewell
dinner. After a process of interviews with the applicants, Letchumy Praba a/p
Muttaya of the Negeri Sembilan Bar was selected. Her report on the event may be
found on the Bar website.
• Dinner meeting with the Institution of Engineers, Malaysia (IEM) and
Malaysian Pharmaceutical Society (MPS) (5 January 2007)
The Committee attended a dinner meeting with IEM and MPS at its own costs with
the view of exploring opportunities for co-operation in joint projects in the
future.
• “Siri Pemikiran Kritis”
In Circular 01/2007, members were informed about the launch of the Bar’s
flagship programme, “Siri Pemikiran Kritis” on 11 January 2007. The series aims
to encourage greater critical thought and discourse on issues affecting all
Malaysians such as national policies and matters of public interest and
governance. As part of a civil society initiative, it is a form of service by
the Bar to all stakeholders of our country in assisting the formulation of
ideas, and allowing greater ownership of public space. The Committee hopes this
series will be a regular feature in the calendar of the Malaysian Bar.
In collaboration with Youth For Change and Persatuan Bahasa Tionghua Alumni
Universiti Sains Malaysia’s Humanity Library, the Committee launched the series
with its inaugural segment featuring 4 sessions on the New Economic Policy, a
topic which has garnered much debate recently. To the surprise of the organisers,
the 1st session attracted a diverse mix of Malaysians from all walks of life and
filled the Bar’s Auditorium to the brim. The 2nd session on 18 January 2007 was
also well-attended, and early feedback regarding the series has been
encouraging. The series is already seen as a resounding success with suggestions
to continue it in relation to other topics of interest.
• Flood Fund
In Circular 15/2007, the Committee spearheaded the initiative to raise funds for
the survivors of more than 60,000 evacuated from their homes due to the December
2006 floods particularly in Johore and Malacca. Depending on the amount
collected, the funds will be utilised to purchase important daily necessities to
be sent to the survivors.
• Closed-door Dialogue on Issues Facing a Multi-Racial Society
Since our current Prime Minister took office, we have seen in recent days an
enlarged space for voices and initiatives of civil society. This is encouraging.
In the process, certain issues which were once regarded as “sensitive” have been
brought to fore through greater vocalization of the same in various fora. Some
of these issues have created misunderstanding and distrust among the peoples of
our country. The answer to the problem lies not in curbing expression as some
quarters have demanded, but to engage in more of the same. Curtailing speech
will exacerbate the problem. Legitimate concerns may then surface in dangerous
forms. As a multi-racial and –religious body, it is imperative that the Bar
takes the lead to improve communication and understanding of differing
perspectives among its members on various issues. The challenge is to draw its
members closer rather than further apart. In this spirit, the Committee, with
the Syariah Law Committee and Human Rights Committee is co-organising a
closed-door dialogue among Bar members on issues facing a multi-racial society.
It is tentatively fixed for 2 March 2007. No outcome is desired from the
dialogue (i.e. no resolution or document to agree on). The focus will be on
strengthening ties and co-operation among members.
Apart from the activities led by the Committee at national level, State YLCs
organised their own events which were constantly reported to the Committee. A
wide range of activities were held and reference may be made to them at the
State Bar Committees’ reports. The Committee has learnt that the needs and
interests of members situate in different States vary due to geography and other
practice reasons. State YLCs cater specifically for their local members, and a
singular standard applied across the board in respect of their activities is
inappropriate. Nevertheless, it is noted that young lawyers’ contributions at
State levels are significant because they usually form the human capital of
mainstream State activities, apart from conducting their own programmes.
The Committee came on the back of attempting to increase greater awareness,
participation and broadening of civil space within the Bar and externally,
including lobbying issues affecting young lawyers. It also sought to give voice
to the aspirations of a large section of the Bar whilst acting as an “entry”
committee by easing junior members to the Bar, and training capable and credible
leaders. It gives an opportunity for members who wish to do more than merely
practice the law, and deal with Bar issues on a macro-policy level whilst at the
same time, giving room for the initiation of constructive means of improvement
within the Bar. It is noted that there has been much progress in these areas,
but more could be done.
Many young lawyers have the potential to become future leaders of the Bar. The
Committee attempts to provide a friendly environment and a solid medium to
expose young lawyers towards this end. The work of the Committee depends on the
dedication of its members. It is however recognised that, as in all endeavours,
no member ought to outlive his/her stay or usefulness. New members need to
participate and take over leadership roles. It is in this spirit that the
Committee sincerely hopes more lawyers will take up the challenge and support
the Committee’s work.
The Committee had a good and fun year, and found that its members do value the
importance of the Bar, appreciate their role within it and are keen to learn and
contribute towards enriching everyone at the Bar and society as a whole.
The Committee has learnt a great deal and harnessed the “positives” from its
members. In the process, we hope that we have contributed to the Bar in a small
way.
By the National Young Lawyers Committee 2006/07
Dated this 23rd day of January 2007
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