SEREMBAN: The Negeri Sembilan Bar yesterday convened
an extraordinary general meeting pursuant to a "petition" signed by 61 members,
seeking to discuss and if approved, to adopt the following resolutions:-
1. That the State Bar of Negeri Sembilan do call upon the Bar Council Malaysia
to withhold all or any actions whether intended or pending under the Solicitors
Remunerations (Enforcement) Rules 2004 against any member of the Malaysian Bar
until the final decision of the Superior Court of Malaya in Originating Summons
Number 24-5569-07 filed in the High Court of Malaya at Seremban by Seah Choon
Chye a member of the State Bar Negeri Sembilan.
2. That until the final decision of the Superior Court of Malaya in Originating
Summons Number 24-5569-07 filed in the High Court of Malaya at Seremban the
members of the Negeri Sembilan Bar forthwith cease to co-operate with the Bar
Council Malaysia or any appointed officer of the bar Council Malaysia in respect
of the Solicitors Remunerations (Enforcement) Rules 2004 where members of the
Negeri Sembilan Bar are required to provide access into the premises of any
member of the Negeri Sembilan Bar and access to files, documents and details as
the same may compromise issues of confidentiality between Solicitors and their
clients.
The Web Reporter understands that in the meeting attended by 49 members,
Edmund Ponniah and the NS Bar Chairman, Tee Kim Chan spoke in favour of
the motions while former NS Bar Chair, Krishna Dallumah, the current NS Bar
Representative Pretam Singh and former Bar Councillor and SRO Enforcement
Committee ("SREC") Chair, Tony Woon spoke against the motions. Paul Krishnaraja and
Indran Kumaraguru (both State Bar Committee members) too spoke against the
motions.
The first motion as proposed by Edmund Ponniah was adopted
when 33 members voted for, 10 members voted against and 2 members abstained.
Edmund, however, withdrew the second motion.
This was the State Bar's second EGM convened within the last two months. The first EGM was convened last month by the State Bar Committee proposing to
allow Tee to intervene in the suit filed by Seah. The motion then was unanimously
adopted by the State Bar with 3 abstentions.
When contacted, the Chairman of the SREC, Asmadi Awang said
the matter was in fact discussed in the last Bar Council meeting, and also in the
light of the decision taken at the last AGM of the Malaysian Bar, the SREC will
continue to abide by the mandate of the general body to enforce the SRO 2005.
Clarification written by MBW,
Wednesday, May 09 2007 11:54 am
The Negri Sembilan Bar Chair, Mr Tee Kim Chan has called me up and clarified that:
(1) in the said EGM, he had expressed the view that there was nothing wrong for the House to urge the Bar Council to do as per motion 1; and
(2) he had also informed the House that if motion 2 were to be put to a vote, NS Bar members would be placed in a dilemma. Those who voted for it might be sued for breach of confidentiality if Seah's suit succeeds, and those who voted against it would face disciplinary proceedings if Seah's suit fails. Tee said the matter was then put to the House whether the second motion ought to be withdrawn, and it was agreed that it should be withdrawn. On that basis, the second motion was withdrawn by Edmund.
CAN'T HAVE THE CAKE BOTH WAYS written by Stephen Tan Ban Cheng,
Wednesday, May 09 2007 12:01 pm
The annual general meeting of the Malaysian Bar passed a resolution empowering the Bar Council to enforce the Solicitors' Remuneration Order 2005. That was the sauce prepared at the AGM of 2005. That sauce was meant for the goose as well as the gander.
That lawyers cannot understand that what is sauce for the goose is sauce for the gander is underscored by the Negri Sembilan Bar passing the latest motion. It ia a calculated act of rebellion against the decision of the general body of a self-regulating professional organisation.
The 33 members of the Negri Sembilan lawyers are saying that what is sauce for the goose cannot be sauce for the gander. We do not want to go into the question of determining which is goose and which is gander.
The Negri Sembilan Bar leadership under Tee Kim Chan must accept full responsibility for this second rebellious act by vacating their position forthwith. It just cannot have it both ways. You either have the cake or you eat it.
EXPLANATION CANNOT HOLD WATER written by Stephen Tan Ban Cheng,
Wednesday, May 09 2007 12:55 pm
My dear Webmaster
The explanation cannot hold water.
The motion, as passed, is at variance with the motion of the Malaysian Bar AGM 2005. In the Fukien dialect, we call such an action "boh kar sih" (not properly socialised).
The Bar Council, as I wrote earlier, has been empowered by the Malaysian Bar AGM to move against lawyers giving discounts on conveyancing matters. The Malaysian Bar AGM is the highest decision-making body of the entire Bar.
The 33 members of the Negri Semiblan Bar have defied the decision of the Malaysian Bar AGM. Please note that this is the second EGM of the Negri Sembilan Bar. Simple as that.
If put in Mr Tee's position, I would have honourably resigned.
NS Bar holds second EGM on SRO suit written by Ong Siew Wan,
Wednesday, May 09 2007 01:35 pm
I am in agreement with Mr Stephen Tan. The members of NS Bar voting for the motion had shown a grave disrespect to the decision of the AGM mandated the BC to enforce the SRO. NS Bar's Chair has failed to protect the position of the BC and adhead to the principle of collective responsibility.
NS Bar and SRO written by Lim Sey Wee,
Thursday, June 21 2007 10:48 pm
Perhaps the best way to know whether or not members of the Bar accept the SRER is to hold a mandatory referendum for all members of the Bar to vote! Let's see the result then!
Lim Sey Wee
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SEREMBAN: The Negeri Sembilan Bar yesterday convened
an extraordinary general meeting pursuant to a "petition" signed by 61 members,
seeking to discuss and if approved, to adopt the following resolutions:-
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The Negri Sembilan Bar Chair, Mr Tee Kim Chan has called me up and clarified that:
(1) in the said EGM, he had expressed the view that there was nothing wrong for the House to urge the Bar Council to do as per motion 1; and
(2) he had also informed the House that if motion 2 were to be put to a vote, NS Bar members would be placed in a dilemma. Those who voted for it might be sued for breach of confidentiality if Seah's suit succeeds, and those who voted against it would face disciplinary proceedings if Seah's suit fails. Tee said the matter was then put to the House whether the second motion ought to be withdrawn, and it was agreed that it should be withdrawn. On that basis, the second motion was withdrawn by Edmund.