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The Legal Aid Centre at Taylor’s was officially launched on 8 Mar 2011 by Mr Ragunath Kesavan, who was then President of the Malaysian Bar. The Centre was set up in collaboration with the Malaysian Bar, and is intended to be a long term community service project to provide free legal advice to people within the Taylor’s community and its surrounding areas, particularly to those who are marginalised and with little access to the law.  Another important aspect of this collaboration is to provide law students here with the opportunity to apply their textbook knowledge to real life legal problems.  It is also our hope that this exposure and experience would inculcate a strong sense of responsibility and commitment to community service amongst the law students, and who would eventually contribute to society through the provision of legal services.

The Centre is staffed by law lecturers and students of Taylor's.  Law students, under the supervision of lecturers, will conduct client interviews, research the law and come up with draft opinions.  The Centre provides assistance in matters related to the Consumer Protection Act, landlord and tenancy, financial services, family law and employment law.

The Bar Council, through its Kuala Lumpur Legal Aid Centre, will assist the Centre by providing training on how to handle clients, and by vetting and advising on the draft opinions and cases referred to it.  In this way, it is intended that ultimately it is the Bar Council Legal Aid Centre that may offer legal advice to the clients of the Centre at Taylor’s University.  This represents part of the out reach program of the Malaysian Bar.

The Taylor’s Legal Aid Centre’s objectives resonate strongly with the Bar’s aim of ensuring that justice is within reach of all in our society.  Many may not know it but providing legal aid is not merely a social obligation of the Bar – it is a statutory purpose of the Bar.  Section 42(1)(h) of the Legal Profession Act 1976 states that one of the purposes of the Malaysian Bar shall be to “make provision for or assist in the promotion of a scheme whereby impecunious persons may be represented by advocates and solicitors”.

Legal Aid in Malaysia began in 1980 with the formation of the Penang Legal Advisory Centre by lawyers, paralegals and university lecturers.  At the time, the boom of the electronics industry in Penang attracted many workers from rural areas in Province Wellesley, Kedah, Perlis and Perak. There was no workers’ union and workers faced many problems relating to housing, sexual harassment, wages and working conditions.  They turned to social workers, who in turn, sought help from lawyers.  And so, the Penang Legal Advisory Centre was born.  When it first began operations, the Penang Legal Advisory Centre operated out of coffee shops and a community library, later moving to a dilapidated shack by a main road. 

In 1982, a group of lawyers in Kuala Lumpur also opened a legal aid office in a small room in the Industrial Court complex in Kuala Lumpur with funds from the Asia Foundation. 

These initial efforts of groups of lawyers in Penang and Kuala Lumpur inspired the Bar in general. In 1983, the Malaysian Bar passed a resolution to set up a legal aid scheme whereby every practicing lawyer is required to contribute RM100 yearly towards this scheme.  That continues today.  We now have legal aid centres in every state and even mobile legal aid clinics to serve rural communities.  Every pupil reading in chambers is required to serve at least 14 days of his or her pupilage doing legal aid.  For many of them, this 14 day mandatory service period is their first introduction to legal aid and the plight of the less fortunate.  The law students here at Taylor’s of course have the opportunity of a head start with the Legal Aid Centre.

The Bar Council’s Legal Aid Centre offers free legal advice, representation and legal intervention in criminal and civil matters.  It offers assistance in mitigation of sentencing, remand proceedings and bail applications.  But it also goes beyond that to create awareness and educate the public about their rights. 

As an example, some of you may know about the Bar Council’s Legal Aid Centre’s “Red Book” – a pamphlet which seeks to inform people about their rights in dealings with the police – what your rights are if the police stop you, how do you know if you are under arrest, what questions must you answer, and your rights after arrest and during detention.  How many Malaysians know exactly what their rights are if the police stop them?  Not many.  Yet sadly, it is the marginalised among us who are most likely to need this knowledge.

The lack of people’s awareness of their rights leads directly to those rights being diminished, even by our elected representatives.  For example, you may know that last week, on 29 November 2011, the Dewan Rakyat passed the Peaceful Assembly Bill 2011. 

I wish to state at this juncture that the views I put forward hereafter are my personal views, and such views should not be taken or assumed to be reflective of Taylor’s University.  I have cited this example as food for thought on an occasion dedicated to “Law Awareness: Taking Your Rights Seriously”.  This being an educational institution, I hope this serves as a thought provoking banquet.

The Peaceful Assembly Bill 2011 was tabled for its first reading on 22 November 2011.  That was the first time that members of the public, and many Members of Parliament, saw the Bill.  Those who were concerned in such matters, including the Malaysian Bar, had to scurry to understand what the Bill said, and its implications.  The Bill was then tabled for its 2nd reading on 24 November 2011.

Five days later, on Tuesday, 29 November 2011, about 1,500 members of the Bar and civil society, walked to Parliament in what was called the “Walk for Freedom” to protest against the Bill.  The Bar Council had spent the three days before that preparing an alternative Bill which we felt reflected international norms and the aspirations of a democratic progressive society.  The Bar presented a Memorandum together with the alternative Bill to Datuk VK Liew of the Prime Minister’s department that day and to the Leader of the Opposition in Parliament.

Despite our efforts, that very afternoon after the Walk for Freedom, the Dewan Rakyat passed the Peaceful Assembly Bill 2011.

Why did lawyers and civil society protest, and continue to protest, against the Bill?  This Bill takes away our fundamental rights of Freedom of Assembly guaranteed in Article 10(1) of the Federal Constitution.  For example, the Bill bans all street protests – no exceptions allowed.  This means that you cannot even apply for and obtain a permit for a street protest, which is at least possible under the current law.

 

Some people have said that street protests or demonstrations are bad because there are concerns about public safety and because it disrupts businesses.  Let me say this very plainly. This is misguided and fear mongering.  By and large, when the authorities cooperate and facilitate the rights of the public to have a peaceful assembly in motion or street demonstrations, particularly where the police correctly perform their duties, there need not be any disruption to public safety.  By definition, such street protests or assemblies in motion will move, and any disruption or inconvenience will be passing in nature.  On the contrary, peaceful public assemblies sometimes bring a boon to businesses such as to convenience stores and food outlets.

Having said this, it is acknowledged that there could be occasions when street protests may not be peaceful, where public safety may be jeopardised and businesses adversely affected. However, the Bill does not make a distinction between peaceful and non-peaceful street protest. The Bill does not recognise that there is such a thing as peaceful street assemblies, and that most of such street assemblies, if properly supervised, can be and have been peaceful.  Some have cited the recent London riots, the Arab Spring protests and the Saffron protest in Myanmar. But these are extreme cases, and have nothing to do with whether there is legislation permitting or denying the right to street protest.  In some of these countries, street protest or any nature of protest was banned, thus it is a fallacy to state that banning street protest is the solution.  One cannot point to extreme cases and circumstances as a means to justify the complete abolition of a fundamental right, in this instance, the right to peaceful street assembly.  This is akin to throwing out the baby with the bath water.  Extreme cases make for bad laws; it makes one ignore or distracts one from the fundamental principles, and drives one to formulate laws premised on exceptions.

We know that peaceful street assemblies are possible, particularly where the police cooperate and facilitate the same.  We at the Bar held a Walk for Justice in 2007 from the steps of the Courthouse in Putrajaya to the Prime Minister’s office.  Last Tuesday, we walked from the Lake Garden to Parliament to protest against the Peaceful Assembly Bill.  The Walk for Freedom was peaceful and the participants dispersed peacefully once their objective of registering their protest was met.

Our Federal Constitution is clear.  As Malaysians, we are guaranteed the right of freedom of assembly, and restrictions can only be imposed for reasons of national security and public order. Any legislation passed by Parliament should reaffirm and facilitate our right to assemble.  The Peaceful Assembly Bill 2011 does neither of these things.

This Peaceful Assembly Bill, once it is passed by the Dewan Negara and receives the Royal Assent, will become law and it will diminish our rights as Malaysians.  The sad thing is that many people will never know of that loss, simply because they do not know their rights or have misunderstand such rights.  How many of us are truly and fully aware of our rights?

Incidents like the Peaceful Assembly Bill serves to highlight the continuous need for rights awareness programs, and the empowerment of citizens.  Hopefully, the Taylor’s Legal Aid Centre will play a role in that educational and empowerment effort.

To have begun with a shack 30 years ago, and to develop into a proper Legal Aid Scheme with Legal Aid Centres in each State is a feat that the Malaysian Bar is proud of.  To now see initiatives by private institutions like Taylor’s University, in collaboration with the Malaysian Bar, become involved in legal aid, is very encouraging and will perhaps serve to inspire others to follow suit. We at the Bar Council hope that this Legal Aid Centre will empower law students and inspire them to become lawyers who are not only skilled in the law, but also lawyers who are aware of their responsibilities to the community and our country.

With this, Ladies and Gentlemen, it gives me great pleasure to officially declare open the Taylor’s Law School’s “Law Awareness Week: Taking Rights Seriously”.

Thank you.