A just society cannot exist without a highly credible institution that fairly and efficiently dispenses justice; an institution that should be of the highest integrity, and that remains the furthest from reproach though never far from critical examination. It needs to be an institution that has rightfully earned, and that continues to vigilantly enjoy, the genuine respect, trust and confidence of the people. This vital institution is, of course, the Judiciary.
To remain in a continuous state of good health, the Judiciary must possess a long-term strategy and capacity to deal with infractions that will from time to time occur due to weaknesses in human nature and the imperfection of any human structure.
The head of our Judiciary, namely the Chief Justice, has commendably placed in the public domain the thorny issue of allegations of corruption in the Judiciary. Corruption is not limited to the monetary kind. It can also take the form of favouritism and partiality, whether founded upon personal interest, prejudice or simply ignorance. Allegations of corruption should not be dismissed outright just because they are by nature easy to raise but very difficult to prove. It is encouraging to note that the Chief Justice adopts an open approach, acknowledging that such misdeeds are usually well concealed, and refusing to ignore even anonymous poison-pen allegations.
The head of the Government, namely the Prime Minister, has responded in equally open and positive manner to the critical issues raised by the Chief Justice; by promising to seriously consider the idea of having a Royal Commission to look into and manage these delicate and vital issues for which the nation’s attention has been overdue.
The Malaysian Bar strongly supports the setting up of a permanent Judicial Commission that will be able to deal with the selection, appointment and promotion of judges, as well as issues concerning the conduct of judges and the administration of justice; in a holistic manner. Having a Judicial Commission to deal with these issues will make the process less subjective, and far more consultative, transparent and accountable than is the current practice. If implemented, this will prove to be one of the greatest legacies that the Government and the people of Malaysia can leave behind for the benefit of generations to come.
It is hoped that, after almost two decades of relentless pursuit by the Malaysian Bar in favour of a better mechanism, there will soon be light at the end of the tunnel. The Bar Council is most willing and ready to work with the Judiciary, the Attorney General’s chambers and other authorities in making the Judicial Commission a meaningful reality.
The time has come, and the time must come, for a Judicial Commission.
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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.
News/Notices 
A just society cannot exist without a highly credible institution that fairly and efficiently dispenses justice; an institution that should be of the highest integrity, and that remains the furthest from reproach though never far from critical examination. It needs to be an institution that has rightfully earned, and that continues to vigilantly enjoy, the genuine respect, trust and confidence of the people. This vital institution is, of course, the Judiciary.
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Circular No 110/2012: Seminar on Introduction to ICC Arbitration: An Insight into the 2012 ICC Rules
