The Bar Council refers to the statement attributed to the Deputy Minister in the Prime Minister's Department as reported in the Sun newspaper of yesterday and today and regrets at the baseless criticism made of it by the Deputy Minister. The Deputy Minister should appraise himself of the provisions in the Legal Profession Act, 1976 and the object and powers of the Malaysian Bar as enjoined in section 42 of the 1976 Act and not take a jaundiced view of the law. The prime object of the Malaysian Bar is to uphold the cause of justice without regard to its own interests or that of its members, uninfluenced by fear or favour.
In furtherance of this object the Malaysian Bar in its statutory meeting held on 20th March, 1999 resolved to call for a formal inquiry into allegations of judicial improprieties, irregularities, indiscretions, misdemeanors, interference, judicial or other harassment and intimidation of lawyers by the use of contempt powers or otherwise, the criteria applied for judicial appointments, transfers and promotions, and allegations of unfair selective prosecutions.
If, as the Deputy Minister puts it, the judicial system is transparent and independent, then there should be no reason for any objection for a Royal Commission of Inquiry to look into perceived improprieties.
The Bar Council is shocked at the Deputy Minister's comment that the appointment of judges is "none of the Council's business". It is the practice in most Commonwealth Jurisdictions to consult the Bar before making appointments to the Judiciary. This has been so in the past in this country. This healthy practice can ensure that the judiciary consists of judges of merit, calibre, integrity, impeccable character and judicial temperament.
In response to the Deputy Minister's views on the stand taken by the Bar Council in respect of the Internal Security Act, 1960 (ISA), the Bar Council reiterates that the call for the repeal of laws relating to detention without trial including the ISA is in keeping with Malaysia's pledge to uphold positive universal values in all aspects of national development, and for the promotion of the rule of law, international human rights standards and established religious rights and norms. The power of detention without trial remains an exception to the norms of any fair, just, equitable and democratic society. The Deputy Minister would do well to check with the authorities in countries referred by him, especially Canada, Britain, New Zealand and Australia as to whether such laws exist and if at all they do, the circumstances under which they are invoked. In the recent past the ISA has been invoked or threatened to be invoked in respect of those alleged to have spread rumours, forged passports, cloned handphones, breached copyrights and other circumstances and occasions not contemplated when the ISA was enacted.
The Bar Council further takes grave offence to the statement attributed to the Deputy Minister in the vernacular media to the allegation that the Bar Council is not patriotic and does not have the national spirit. The Bar Council views that its track record speaks for itself.
The Deputy Minister appears to have added on "Bar bashing" as part of his ministerial responsibility without understanding the role and function of the Malaysian Bar and the Bar Council.
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International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
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Circular No 110/2012: Seminar on Introduction to ICC Arbitration: An Insight into the 2012 ICC Rules
