The position of Chief Judge of Malaya has been vacant since
the retirement of Tan Sri Dato’ Siti Norma Yaakob on 5 January 2007. Clearly it
is desirable that this position be filled as soon as possible.
Article 122 B (3) of the Federal Constitution provides that in the case of an
appointment of a Chief Judge the Prime Minister shall consult the Chief Judge of
each of the High Courts. In our view this suggests that the consultation process
for the new Chief Judge ought to have taken place during the tenure of the
retired Chief Judge whom the Prime Minister must consult prior to her
retirement. This would ensure a smooth transition in respect of positions of
such importance as, we believe, was envisaged under the Federal Constitution.
We are concerned that seniority does not appear to presently feature in the
criteria for selection to the position of Chief Judge, when we do not yet have a
less-subjective and more-transparent system of appointment such as a Judicial
Appointment & Promotion Commission. The Chief Justice has been reported to have
stated that all Federal Court judges are eligible candidates. Naturally one
would assume that all Federal Court Judges have achieved the highest standards
before appointment to the Federal Court. In that case there is no apparent
reason why seniority should not be the first applicable criterion. If there is
any departure from seniority as the first criterion there must be strong, cogent
and acceptable reasons for doing so, reasons that will pass public scrutiny.
In any event seniority is not an irrelevant factor in the Judiciary as is
reflected in Section 8 of the Courts of Judicature Act 1964, which provides that
all judges shall take precedence in the order of their seniority.
If the issue of seniority is outdated, as suggested by the Chief Justice (and we
do not agree that it is so), then all the more so is the present method of
appointment and promotion of judges. The Bar Council has always maintained that
it is time for us to catch up with other jurisdictions that have already changed
their system of judicial appointments to one that is more transparent and with
clear criteria set out.
Disregard of seniority without convincing reasons, especially in the absence of
a Judicial Commission system, will only encourage speculation that is unfair to
both the promoted judges and the bypassed judges, and unhealthy for the system
as a whole.
The Bar Council would urge and invite the Chief Justice to open a dialogue with
the Bar Council on the issue of judicial appointments so that we may exchange
views on this issue in the interest of the administration of justice and the
public interest.
2012 Bar Council Subscription Click the link above to download Circular 072/2012 pertaining to the 2012 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
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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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