HomeNewsPress Statements Malaysian Bar's Press Release: Cease harassment of advocates performing their duties
Malaysian Bar's Press Release: Cease harassment of advocates performing their duties
Contributed by Ambiga Sreenevasan
Thursday, 06 November 2008 05:27pm
The independence of the Bar is critical to the Rule of Law. This means that
lawyers must be free to act for their clients without fear or favour.
Unfortunately, over the course of the last several months, this independence has
been threatened each time the police have called in lawyers for questioning on
matters relating to the execution of their professional duties.
We are perturbed that the police served a Section 111 notice on lawyer N.
Surendran in relation to statements he allegedly made to the magistrate in court
in the course of proceedings. N. Surendran was questioned today by the police
pursuant to a police report made against him for the alleged statements. We are
seriously concerned, as no offence appears to have been committed and the police
were unable to enlighten him as to what offence they are investigating.
We therefore view the police questioning as an act of pure harassment and
intimidation that encroaches upon the ability of an advocate and solicitor, who
is an officer of the court, to perform his duties effectively and to the best of
his ability.
This harassment must stop if we are indeed committed to the principle of access
to justice and to the Rule of Law. It is internationally recognised that lawyers
perform a vital function when they act for their clients in the pursuit of
justice. It is also internationally recognised that they must be permitted to
carry out these functions freely.
This principle, which protects all citizens, must be understood and respected by
the authorities.
ABERRATION WORRISOME written by Stephen Tan Ban Cheng,
Thursday, November 06 2008 08:09 pm
That such police questioning of a lawyer has occurred time and time again without a satisfactory resolution does not speak well for the powers-that-be.
Thankfully, it is still an aberration and not a trend, though definitely it is a worrisome aberration since the principle Datuk Ambiga alludes to has been repeatedly assaulted.
As I have said often enough, even before the March 8 general election, a government, any government that dishonours the very laws on which it is predicated invites rebellion.
Stephen Tan Ban Cheng
Don't the PDRM read Malaysia Laws? written by Tong Kuan Ling,
Friday, November 07 2008 10:27 am
I really can't understanding the reason of law enforcement officers breach/neglect the Laws in Malaysia especially those involving privilege communications between an Advocate and Solicitor and his Clients.
I have lost confidence in the conducts of our PDRM in discharging their duties.
Tong Kuan Ling
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The independence of the Bar is critical to the Rule of Law. This means that
lawyers must be free to act for their clients without fear or favour.
Unfortunately, over the course of the last several months, this independence has
been threatened each time the police have called in lawyers for questioning on
matters relating to the execution of their professional duties. 
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Circular No 109/2012: Be a Part of the Bar Council Constitutional Law Committee
That such police questioning of a lawyer has occurred time and time again without a satisfactory resolution does not speak well for the powers-that-be.
Thankfully, it is still an aberration and not a trend, though definitely it is a worrisome aberration since the principle Datuk Ambiga alludes to has been repeatedly assaulted.
As I have said often enough, even before the March 8 general election, a government, any government that dishonours the very laws on which it is predicated invites rebellion.
Stephen Tan Ban Cheng