Good evening.
Yang Amat Arif Tun Arifin Zakaria, Chief Justice of the Federal Court of Malaysia;
Judges of the Court of Appeal;
Judges of the High Court;
Judicial Commissioners;
Mr Chan Sek Keong, Former Chief Justice of Singapore and Mrs Elizabeth Chan;
Members of the Judicial Appointments Commission;
Former members of the Judiciary;
Presidents and representatives of the bar associations;
Bar Council members;
Past Presidents of the Malaysian Bar;
Former members of Bar Council Malaysia;
Your Excellencies Ambassadors and High Commissioners;
Deans and representatives of law faculties and law schools;
Sponsors and supporters of the Malaysian Bar’s 68th Annual General Meeting and
Annual Dinner and Dance;
My esteemed brothers and sisters at the Bar; and
Distinguished guests.
Welcome to the Malaysian Bar’s Annual Dinner & Dance 2014. It is good to see all of you here and to be amongst friends.
You might think that I have not prepared a speech for this evening and have sought to clock time with a long list of salutations. If you thought so, you would be half right. The day has been particularly long and I spent the last half hour in my room preparing this address.
When I first assumed the Presidency of the Bar, I was warned and made conscious of the fact that the office is a hazardous and perhaps dangerous one. I am now most acutely aware of this circumstance, as I realise that I am now possibly standing between you and your dinner. I shall thus do the needful and endeavour to keep my address short.
This term has been a challenging one for the Bar and for me, due to the numerous issues that arose, some of which continue to call for our attention and resolve.
We are enjoined by the Legal Profession Act 1976 to not only look to the interests and development of the Bar and its Members, but to also uphold the cause of justice and the rule of law, and to protect and assist the public. We have done so conscientiously over the decades and will continue to do so moving forward.
We would all recall that the most significant event on the Malaysian calendar this past term was the 13th General Elections held on 5 May 2013. Since that time, Malaysia has experienced a myriad of public interest issues, many of which called for the response and input of the Malaysian Bar.
The nation is going through difficult and perhaps dark times. Such times call for men and women of good faith to act, guided by good conscience and the rule of law. We at the Bar will do our best and carry out our statutory duty. We also look to the Judiciary in this endeavour as we are partners in the administration of justice.
The Judiciary take an oath to protect, defend and uphold the Federal Constitution. We at the Bar are bound by our duties pursuant to section 42 of the Legal Profession Act 1976. Together, we in the Judiciary and at the Bar, are stronger and better equipped to address the difficulties and face the challenges of our times.
It is apt to recall the elevation speech of the late Justice Fred Arulanandom delivered in 1974, expressing the important roles of the Bar, the office of the Public Prosecutor and the Judiciary in the administration of justice. He said:
The administration of Justice is dependent on a triangular structure with the Judiciary at the apex of the triangle and the Legal Department and the Bar forming the two corners of the base. Without an efficient, confident and incorruptible Public Prosecutor’s Department and a fearless, honest and scrupulous Bar, no Judiciary can be strong, and as a result, the rule of law would become a mockery and society will be deprived of its just deserts, whether it be civil or criminal. It is the duty of all of us to ensure that the law is not prostituted, justice is not perverted, and citizenry is not exploited.
We would recall that following the events of 1988, the independence and impartiality of the Judiciary had been a source of concern. Thankfully, after three Chief Justices who brought disrepute to the administration of justice, we have had three Chief Justices, including the present Chief Justice, Yang Amat Arif Tun Arifin Zakaria, who have worked to restore confidence in the Judiciary, and beyond that, have overhauled the system to make it efficient.
Of late, however, there is a perception of impropriety and irregularity in the judicial processes and public disquiet with respect to decisions of the courts in two recent cases.
It has been reported this week in the news that the Chief Justice, Yang Amat Arif Tun Arifin Zakaria, at a press conference held in Penang in the course of the Judges’ Conference, affirmed his belief in the importance of the doctrine of separation of powers and in maintaining the independence of the Judiciary. The Chief Justice stated that this was his pledge.
We support the Chief Justice in his belief and efforts. We should not pass judgment or vilify the entire Judiciary on the basis of a few cases. It would not be fair, and does little to encourage the continuous improvement of the administration of justice. Do not allow the tail to wag the dog. In this regard, each Judge, and all Judges, should discharge their judicial duties in a manner apparent to all, in that it ought to be seen that the judicial process and decision are independent, considered, reasoned and honest.
The Chief Justice has unequivocally stated his belief in the separation of powers and independence of the Judiciary. I believe in the Chief Justice, and that he is one of the men of good faith and conscience. We at the Malaysian Bar will give our full support to the Chief Justice.
Ladies and gentlemen,
I was recently asked, “What is the difference between accountants and lawyers?” The answer is that at least accountants know they are boring. I will thus spare you, and take my leave from this rostrum.
Before I do so, I wish to extend my appreciation to the Organising Committee for this evening’s event, the Bar Council and my fellow Office Bearers, staff members of the Bar Council Secretariat, and the wonderful sponsors.
Please enjoy the delights of this evening. Thank you.
Christopher Leong
President
Malaysian Bar
15 Mar 2014
This speech was delivered at the
Malaysian Bar Annual Dinner & Dance 2014 held at the Palace of the Golden Horses in Kuala Lumpur on 15 Mar 2014.