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YL Personality - Lim Kar Mern |
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Monday, 07 December 2009 01:00pm |
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Lim Kar Mern graduated from University of Cardiff and was called to the English Bar in 2007. She is currently practicing in a legal firm in Kuala Lumpur. Kar Mern recently had the opportunity to share her experiences as a young lawyer with Valerie Choo.
1. You have been an active member of the Bar Council Human Rights Committee (BCHRC). How long have you been involved with the Committee? Has being part of the Committee changed your character and perspective of the legal profession?
I’ve been in the Committee since April this year. I have found a place where I can foster a deeper understanding of human kind and how our society ought to be, and that is - a rights-based society that builds upon freedom and respect. Having joined the Committee I am now more encouraged to speak up for fairness and justice. Even though in reality the outcome may be unpalatable for some but I believe that that is the very essence of the legal profession anyway.
2. What would you say it takes to become a lawyer?
A law degree and some basic legal practice skills.
3. Being a lawyer in Kuala Lumpur is a 'lifestyle choice'. Many people picture lawyers as glamorous, financially successful and socially prominent professionals. However, as with any legal practice anywhere, the profession often entails long and stressful hours of work. What are your comments?
People tend to believe in what is being projected to them on screen than to imagine what a single line in a book may enable them to ponder.
4. As a general rule, lawyers tend to operate in inefficient working environments often with the problem of too little time for too much work. What is your view on this?
I think it’s a culture and very secretly, we love it. There’s no shame in it if you can get everybody else (who aren’t lawyers) to understand it and to appreciate it.
5. In your general opinion, what are the new challenges facing the junior Bar today?
Language is a barrier when majority, if not most, of the junior lawyers are graduates with degrees from UK. Most of the common law precedent cases are in the English language. Some of the most eloquent and distinguished judgments and arguments articulated therein are delivered in English. I fear that translations will bring great injustice to the client if it is only a matter of institutional requirement to translate a submission (understood by all parties concerned) into another language for the mere purpose of court procedure. The meaning is not only “lost in translation” because it diminishes the intellectual density poured into a string of arguments. It also poses an irony to the justice system itself. Having said that, if parties choose to speak in Bahasa Malaysia, that’s their choice, and that decision should be respected in court. This would be ideal, I feel.
6. The Bar Council in March 2009 formed its first Constitutional Law Committee (ConstiLC) to promote constitutional awareness among the rakyat and constitutionalism, as part of the Bar’s wide-ranging initiatives in society. What do you think of the first-of-its-kind national campaign “MyConstitution” or “Kempen PerlembagaanKu”?
I think it is an admirable effort to bring light to the law of the land. It is not perfect but it reminds us that we can look at the imperfections and do something about it. Often times we forget that we have a written constitution and we try to shake the basic structure of the Federal Constitution by superseding it with the idea of parliamentary supremacy. Malaysian politicians may make laws but as the very wise and far-sighted F.C.J Gopal Sri Ram once said, “Unless sanctioned by the Constitution itself, any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.” I hope for two things from this campaign. I hope that people understand that they have human rights under the Federal Constitution and that these fundamental liberties form part of the basic structure of the Federal Constitution; and whilst I commend the great effort, I hope that this campaign does not transform into mere propaganda.
7. What is your comment on the 1Malaysia concept introduced by our Prime Minister Datuk Seri Najib Razak? How do you think the 1Malaysia vision can be achieved?
I think we should do away with the “Race” tick-box-detail-thing in all official and unofficial documents. If we are 1, then there is only 1 race.
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