The Malaysian Bar - YL Personality: Goh Chuan Chean

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YL Personality: Goh Chuan Chean

Thursday, 22 November 2007 05:50am

Contributed by the National Young Lawyers Committee

“Young Lawyers Convention a MUST-ATTEND event!”

Called to the Bar in September 2004, Chuan Chean graduated with his law degree from Manchester University, and completed the CLP. An ardent supporter of a certain football club in London, he now practises in Malacca in the area of banking, commercial and family litigation. Teo Nie Ching tracked him to condense recent highlights in the country.

Firstly, to the most important matter, and definitely a plug for it! The 3rd Young Lawyers Convention is due to be in the town of Penang from 18-20 January 2008, and the NYLC is busy preparing for it. Will you be taking part in the Convention and if so, what do you expect from it?

I have seen the brochure and application form and the Convention is themed ‘Independent, Innovative and International’. Very apt for our times, and useful for new practitioners like myself.

I am going for the Convention, and will be looking forward to learning about the challenges faced by young lawyers my age and how we are able to propel ourselves forward. In addition, to experience greater camaraderie and fellowship with other young lawyers from around the Peninsular. I have heard from those who attended the last two Conventions that there were interesting and at times, heated discussions. The statements from both the Conventions have also been controversial making it seem as if the young lawyers were the revolutionaries of the Bar. But at the end of the day, I realise that there is a core ‘more senior young lawyers’ who are closely-knit as a result of both the Conventions. It should be fun. Penang is also a good place for us to have a break from our bosses’ instructions! I hope other young lawyers will grab this opportunity to be the Convention too. Don’t miss it!

A Minister has said that Justice Hishamuddin Yunus’ decision in Malek Hussain suit against the Government for wrongful detention and torture under the Internal Security Act is testament that the Judiciary is independent. What do you think?

Malek Hussain himself has said that his case is an isolated case and should not be used as a yardstick to test the independence of the Judiciary. I salute Justice Hishamuddin’s decision. I believe we still have many good judges who will make decisions impartially. However, I still support the proposal to set up a Royal Commission of Inquiry and an independent commission on the appointment and elevation of judges as I believe good judges should be recognised for their integrity and hard work. Further, to give an impression to the public that our Judiciary is independent is very important so that people will come to court in the belief that they will be heard fairly as ‘justice must not only be done and must be seen to be done’. The independence of the Judiciary is also crucial to attract foreign investors and indirectly, improve the economic conditions of our country. So, we should not judge the independence of our Judiciary based on one or two cases. We should adopt a systematic approach towards reforming our institutions.

Malacca is very ‘happening’ these past few months. The State Government took action on 4 September 2007 regarding the pig issue at Paya Mengkuang?

One of the reasons relied upon by the State Government to justify the culling operation at Paya Mengkuang was that the pig farms were a source of immense and uncontrolled pollution. Nonetheless, the prevailing problem faced by many pig farmers is that they do not have permits from the authorities to carry out such rearing activities. Guidelines on the construction of pollution-prevention systems should also be made clear to the farmers. With the guidelines, they can move on to implement the measures to prevent pollution. Without confirmation, money spent and efforts invested by the farmers would go to waste. Pork is an important ingredient in delicacies and staple dishes for the Chinese community. Further, pig farmers have been paying taxes dutifully to the Government from their income and they are not hardcore criminals. Taking into account these considerations, I feel that the manner in carrying out the culling operations has disturbed the feelings of the community. The overtly strong presence of the police force also prompted people to think whether it was necessary as the villagers in Paya Mengkuang are mainly just simple old folks, middle-aged men, women and children. We need the help of the police to handle serious crimes, and not waste resources by sending them over to Paya Mengkuang. There is no security threat there! On the other hand, I do not wish to see politicians manipulating the issues for the benefit of their political careers. Politicians should be more accountable and should not play the racial card.

What do you think the pig farmers should do?

They should be united to face the problem and try to solve it within the perimeters of the law. They need to gather help from the available resources but they have to be careful that they will not be fooled by politicians. As for the society at large, Malaysians need to understand the issues better. This may be improved by dialogue. Alternative sources of information also need to be pursued apart from the usual sources.

The Government has also been attempting to demolish places of worship under emergency legislation.

We have rules governing places of worship. Leaders of places of worship should make sure they comply with those rules. On the other hand, I think it is more appropriate for the authorities to play the role of ‘facilitator’ rather than as ‘punisher’. If persons in charge of the places of worship do not comply with the requirements, the authorities should give proper advice, guidance and facilities to them so that a solution in an amicable manner may be achieved.
Do you think these controversies reflect conflict between the different religions or conflict between the Government and people?

I do not think they are caused by the conflict between different religions. I believe they are caused by the manner the authorities and the people handle the problems. To improve, this requires goodwill from the authorities and respect of the law by the people. Of course, if we can systematically implement a form of mechanism, it is even better. We live in a multi-cultural society and the authorities are in fact authorities for all Malaysians. So, they should assist in all cases where any place of worship is under scrutiny.

Malaysia fell to its worst ranking ever - dropping by 32 spots to 124 - in the latest worldwide press freedom index released by Paris-based watchdog Reporters Without Borders.

In fact, I do not like to watch and read the news from the mainstream media. I wish to know more about events which have actually happened and affected my rights but the mainstream media does not satisfy me in that regard. Therefore, I turn to the alternative news portals. Many reporters of mainstream media also practise self-censorship. They will be guessing what type or manner of reporting will please certain parties even when those parties do not inform or direct them! It boils down to the existence of certain legislation such as the Printing Presses and Publications Act 1984 and the Official Secrets Act 1972 which need to be reviewed. I believe there should always be a forum where Malaysians are able to discuss the issues affecting our daily lives and our rights. We should not blindly swallow words of the politicians. We should have our own views.

You read Malaysiakini and Merdeka Review. Do you think they will replace the mainstream media one day?

I prefer reading the reports and comments from Malaysiakini, Merdeka Review and Malaysia Today because they appear to be fair and ‘citizen-oriented’. Their existence is crucial in promoting transparency as well as providing checks and balances in our country. They will still exist side by side the mainstream media in future. However, when there are more and more people demanding more transparency, and the mainstream refuses to change, it will lose further ground to the net portals.

‘The only language understood by the Western media is when their pockets are hit.’ Is this true?

We should not demonise views from the ‘Western’ media. People should have a choice to decide which channel of news they would like to receive, and should be given the liberty to evaluate for themselves who they should believe in. To label certain media as ‘Western’ or ‘Eastern’ is not helpful. We are moving towards an era of globalisation, and certain resources and values, if admirable, should be shared by human beings together.
Our cosmonaut went into space on 10 October 2007. How do you feel about the whole episode?

I am glad that we still have the financial ability to send someone into the space when the living costs are generally increasing for ordinary Malaysians. However, I believe that if we used the money to improve basic facilities in our educational institutions and attracted more experts to Malaysia in order to improve our research and development standards, the effect would be more far-reaching.

Are you a fan of Beyonce? Do you feel disappointed that she cancelled her debut concert in Malaysia due to demonstrations by certain student groups?

No, I am not a fan. I am a fan of Arsenal. Go on Gunners!

Under the Government's New Economic Policy (replaced by the National Development Policy), Bumiputeras continue to be given preferred status in contracts, granted discounts and other privileges in a bid to raise their share of equity ownership. Do you think it is time for us to review the Policy?

I believe the less privileged should be given the aid and resources so that they too have the opportunities to improve. A policy is needed for that purpose. However, society has to examine the implementation of the policy to make sure that the allocated resources are in fact given to those who are in need. Many Malaysians have suggested that we should review the Policy as it has been abused by politicians for their own benefit. Globalisation, whether we like it or not, has dawned on us. The sole focus on the economic pie within our small circle will not help us compete with other countries. We should ask ourselves whether the Policy enables us to compete with other countries. We should also focus on the global pie, and equip ourselves so that we can survive in the open world.