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PRESS RELEASE: Leave the Common Law alone PDF Print E-mail
Contributed by Ambiga Sreenevasan   
Friday, 24 August 2007 10:50pm

Ambiga SreenevasanDropping English common law may leave nation isolated
MCCBCHST Press Statement:: Common Law is serving us well

The Bar Council notes with alarm and dismay the support for the proposal to replace the common law system in this country. The suggestion from some quarters now appears to be that it be replaced gradually with the Syariah law system. (Click here to poll: "Should the Bar Council convene an EGM to reaffirm the supremacy of the Federal Constitution and the application of the Common Law?" Only registered members may poll.)

The Bar Council is deeply concerned that these statements are made with no apparent understanding of, or respect for, the system of law that operates in this country under the Federal Constitution. What we have after 50 years of Merdeka is the Malaysian common law built up painstakingly by Parliament and the Malaysian Judiciary. Thus it differs in many respects from the common law in other jurisdictions by virtue of its development locally. It was not built overnight. Citizens, organisations, local and foreign businesses, all conduct their affairs in Malaysia based on the common law system. All this will become meaningless if the common law system is replaced. Why is there this sudden need to change a system that has worked so well in Malaysia and that will continue to work well for hundreds of years as it has in other jurisdictions? The proponents of this change have not put forward a single cogent or credible argument for it.

We must be mindful of our Constitutional and legal history that has resulted in the development of our Malaysian common law. Against this background it is irresponsible for those entrusted with administering our law (and who are schooled in the common law) as well as for those in power, to call for a change for no valid reason. There appears to be little appreciation of the full ramifications of their suggestions and the effect this will have on Malaysia locally and internationally and on investor confidence in this country.

Let there be no mistake. Any attempt to dismantle the common law system is a direct attack on our Federal Constitution. It is a backdoor attempt to rewrite it and to move Malaysia towards becoming a theocratic state which our founding fathers and recently our Prime Minister have recognised we are not. It violates the social contract. That it comes from those who ought to uphold the law and Constitution is all the more regrettable.

We are on the brink of 50 years of Merdeka. We are in an era of globalisation. Instead of seeking to displace a system that has earned the respect of the international community and that has united our people, we ought to address what truly ails our system of justice. And it is certainly not the Malaysian common law.

Ambiga Sreenevasan
President
Malaysia Bar

Comments (9)Add Comment
Another big applause, Ms. President!
written by Shim Wai Loon, Friday, August 24 2007 11:30 pm

Reading all the comments posted so far on this topic, I am happy to say there are still many right-minded of us to protect and preserve the long and well-established English common law system irrespective of different religion.

I do agree with some comments about the CJ tried to use this topic to divert the public attention on the rotting appointment of judges. However, we should not allow the tricks to get its way through, the Bar should instead follow up closely on the matter of that Federal Court judge to ensure the administration of justice is carried out without corrupted interference.

Somehow or rather, one thing I do find it 'coincidental'. Any proposals by the CJ, even on issues like judges appointment and replacing common law system, was officially supported by the AG and the Minister Nazri, and vice versa. Just wonder, if this demonstrates 'U rub my back and I rub Urs'.

Shim Wai Loon

COMEDY, REPEATED, CAN TURN TRAGIC!
written by Stephen Tan Ban Cheng, Saturday, August 25 2007 12:24 am

My dear Ambiga

Let me share this comical thought with you. The highest judicial officer has clearly and openly indulged in policy matters when it is beyond his turf as a neutral officer of the Government of Malaysia. Instead of chastising him for invadint their prized turf, the ruling politicians jumped in to support him!

I find that a comedy. Of course, it will be a tragedy if other top civil servants emulate his conduct.

Stephen Tan Ban Cheng

We support you
written by Tan Peek Guat, Saturday, August 25 2007 04:30 am

Ms Ambiga,

We fully support your stand.

As a leader, you have indeed placed the interests of the nation and its people who are of multi cultural and multi religious inclinations before your very own religious sentiments - which surely you would also like to defend strongly since you, too, can.

Indeed, for and in the best interest of our nation, let us all together, demonstrate sense and sensibilities in this important matter.

This is to ensure that we do not disturb our land but continually provide its fence.

May God Bless Us All.

Tan Peek Guat

Mr Lam Kwok Seong
written by Lam Kwok Seong, Saturday, August 25 2007 03:43 pm

Maybe it is a good time to requisition an extraordinary meeting of the Bar to demonstrate our unequivocal and unshakeable conviction for the defence of the Federal Constitution. This will show the world how Malaysian lawyers will stand behind the Law and oppose those who seek to undermine it.

Lam Kwok Seong

A FITTING FORUM TO LAUNCH MONITORING BODY
written by Stephen Tan Ban Cheng, Saturday, August 25 2007 05:42 pm

My dear Kwok Seong

Your suggestion has merit. We can have the extraordinary general meeting to show our solidarity just before the Malaysian Law Conference, provided the notice required can fit into the scheme of things. Otherwise, it must come after the conference.

Apart from passing resolutions to show our solidarity in defence of the Constitution, this EGM will provide a fitting forum to launch the monitoring mechanism that our president, Ambiga Sreenevasan, is talking about.

Stephen Tan Ban Cheng

Convene an EGM
written by Bernard Scott, Saturday, August 25 2007 08:29 pm

Well said, Madam President.

I wish the Bar Council will take the stand to convene an EGM to debate a motion calling for the CJ to step down, forthwith.

Bernard Scott

I am for the EGM
written by Lee Kek Siong, Sunday, August 26 2007 11:17 am

I am for the EGM.

"The Bar Council should convene an EGM to reaffirm the supremacy of the Federal Constitution and the application of the Common Law"

Lee Kek Siong

Opportune Time
written by Lam Kwok Seong, Monday, August 27 2007 11:00 am

Dear Stephen and all those in favour of the EGM,

Would it also be an opportune time, on our 50 years anniversary, to also put on the agenda the Bar's reaffirmation of the Constitution echoing the call of and giving the strongest support to YM Raja Dr. Nazrin Shah on His Highness' recent comments in regard to National Unity. I am mindful that we must not seen to be straying into politics but then again this is a matter of national importance and the controversial matter raised by the CJ merely forms part of the overall picture.

Lam Kwok Seong

Dialogue First
written by Justin Johari Bin Azman, Monday, August 27 2007 11:58 am

Dear All,

I think judging from the current highest postings on the Bar web titled "Minister: Study proposal on switch to Syariah law thoroughly", it demonstrates that there exist other opinions as well, not necessarily in line with our dear President's opinion.

That is within the profession itself, and does not necessarily represent the public.

The Bar, being a respected institution that it is, should organize a dialogue first which acknowledges both sides of the argument. Other organizations should be invited to organize such a dialogue as well to reflect a more balanced and fair decorum.

Justin Johari Bin Azman


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