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Reviewing the 1994 Code of Ethics for judges PDF Print E-mail
Tuesday, 05 February 2002 12:00am
The Bar Council welcomes the move to review the 1994 Code of Ethics for judges and the Minister in the Prime Minister's department Datuk Seri Utama Dr Rais Yatim's invitation to the Bar Council to submit its views on the same.

The recommendation by the Government to strengthen the judicial functions of judges, to ensure a certain level of accountability and transparency,as well as possibly creating an internal disciplinary procedure under the control of the Chief Justice, constitute a positive step towards improving the individual and collective
responsibility of judges.

The Bar Council notes the observation by the Chief Justice that the 1994 Code has not been fully implemented. It will therefore be timely for the present review to examine the enforcement mechanism of the 1994 Code and seek to ensure that its provisions are fully implemented.

The Bar Council considers that while the Government is more inclined to the view that judges should be governed by rules, any review of the 1994 Code must seek to balance the need for rules which promote the accountability of judges with the need to preserve the independence of judges.In addition, the  proposed amendments to the Code should be forward-looking, guarding against rules which could possibly have a negative effect on the proposed internal disciplinary procedure.

The Bar Council wholly supports the decision by the Government to review the Code and hopes that the revised Code will encourage the growth of an even more independent, responsible and efficient Judiciary.

Dated this 5th day of February 2002

Mah Weng Kwai
Chairman
Bar Council
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