Yang Arif Datuk Dr. Haji Hamid Sultan bin Abu Backer, Judge of the Court of Appeal;
Yang Arif Tuan Eddie Yeo Soon Chye, President of the Industrial Court of Malaysia;
Datuk Professor Sundra Rajoo, Director of the Asian International Arbitration Centre;
Former members of the Judiciary;
Brenndon Soh, President of the Sabah Law Society;
Antonio Sim, Chairman of the Advocates Association of Sarawak (Miri Branch);
Presidents and representatives of Bar Associations;
Past Presidents of the Malaysian Bar;
Your Excellencies High Commissioners and Ambassadors;
Deans and representatives of law faculties and law schools;
Sponsors and supporters of the Malaysian Bar’s Annual Dinner & Dance;
Esteemed brothers and sisters at the Bar;
Distinguished guests;
Ladies and gentlemen.
A very good evening to all of you. It is indeed my pleasure to warmly welcome you to the Malaysian Bar’s Annual Dinner and Dance 2018, held in conjunction with our 72nd Annual General Meeting. Thank you all for joining us at our yearly celebration.
I feel I must apologise for the last time I stood in front of you at a dinner like this, organised by the Bar Council on 11 January 2018 on the occasion of the Opening of the Legal Year, I rambled on for about 45 minutes while your stomachs rumbled. Tonight, let me assure you that are in luck – there is only about 10 minutes standing between you and your dinner. [laughter] I see you are already grateful.
We had a most eventful Annual General Meeting today, with 836 Members in attendance and of the 15 motions put forth for debate, 6 were carried, 2 withdrawn and 7 were ruled as motions that were not competent to be tabled. A lively debate took place concerning the motion to extend the implementation of the staggered mandatory continuing professional development (“CPD”) scheme, with impassioned views from Members on both sides of the divide. The motion for the implementation was passed with a majority vote of 228. The passing of this CPD motion is a significant step forward for us and a testament to the importance of continuing professional development for the Bar. It remains the Bar Council’s goal to eventually realise a CPD scheme for the entire membership of the Bar. In doing so, the Bar Council is committed to implementing the scheme in a fair, affordable and accessible manner.
At the risk of sounding like a broken record, it has once again been a challenging year for us at the Bar. In 2017, a judicial crisis came upon us. The Malaysian Bar maintains the view that the appointments of YAA Tun Raus Sharif, Chief Justice of the Federal Court of Malaysia (“Chief Justice”) and YAA Tan Sri Zulkefli Ahmad Makinudin, President of the Court of Appeal as additional judges purportedly pursuant to Article 122(1A) of the Federal Constitution on the advice of the outgoing Chief Justice YAA Tun Arifin bin Zakaria (“former Chief Justice”) to the Yang di–Pertuan Agong and the extension of their tenures as the Chief Justice and the President of the Court of Appeal for a further three and two years respectively, beyond the constitutionally prescribed age limit of 66 years and 6 months, are unconstitutional.
Hence, at our EGM last year on 3 August 2017, resolutions were passed that resulted in the filing of an originating summons at the High Court in October of 2017 against the former Chief Justice, the Chief Justice, the President of the Court of Appeal and the Government of Malaysia. The case was referred to the Federal Court, and heard just three days ago on 14 March 2018, with judgment being reserved.
The Bar chose to undertake this unprecedented course of action because we view the Offices of the Chief Justice and the President of the Court of Appeal as key positions in the Judiciary. It is the Chief Justice and the President of the Court of Appeal who, as leaders of the Judicial branch of the Government, are entrusted with the supreme duty of determining the constitutionality of laws passed by the Legislative branch, and the legality of decisions made by the Executive branch. And if I may echo the concluding submissions of our counsel Dato’ Ambiga Sreenevasan in the constitutional reference proceedings for the Malaysian Bar, “let justice be done though the heavens fall”.
Just as equally crucial as an independent bench, is an independent Bar. In this relation, the Government has once again proposed sweeping amendments to our governing statute. Last year, a Special Consultative Committee was formed by the Government to prepare proposed comprehensive amendments to the Legal Profession Act 1976. The amendments are expected to address the quality of legal education, revamping of law firms’ services and issues pertaining to legal practitioners, and collectively have the power to reshape the legal profession, with grave implications for the independence of the Bar.
There were lengthy debates during today’s AGM in respect of the Malaysian Bar’s participation in this Special Consultative Committee. Members of the Bar expressed serious concerns about the process that is taking place under the ambit of the Special Consultative Committee. In view of these reservations and strong sentiments, at the Bar Council’s first meeting for this term held immediately after the AGM, it was decided that the Bar will review our engagement in this process. An independent Bench and an independent Bar are unshakeable pillars of our justice system, and we will continue to jealously guard our independence as we have always done.
Ladies and gentlemen,
This year is also a very special year for us because we have successfully acquired our new home. The Malaysian Bar is now the proud owner of Wisma Badan Peguam Malaysia, a short distance from the current Bar Council premises.
Members of the Bar — allow me this opportunity to once again thank each one of you for your support. Without your contributions and efforts, the purchase of our new building could not have been possible, thus making it a true collective effort of the Malaysian Bar that every Member can take pride in.
The Bar continues to climb from strength to strength, and now we look forward to housing all the different bodies, including the Advocates and Solicitors Disciplinary Board, under one roof in Wisma Badan Peguam Malaysia.
Ladies and gentlemen,
At the Bar Council’s first meeting earlier today, the Office Bearers for the new term were elected.
I thank my fellow Council members for giving me the honour and privilege of another year of long days and late nights serving the Malaysian Bar as your President.
I am also pleased to announce that the Office Bearers of the Malaysian Bar remain the same for the 2018/2019 term, and they are Dato’ Abdul Fareed Abdul Gafoor, our Vice–President, Roger Chan Weng Keng, our Secretary, and Ravi Nekoo, our Treasurer. I cannot think of a better or more capable team to lead the Bar, and I look forward to taking up the mantle with all of you this term.
I also wish to welcome both new and returning members of the Bar Council for this term, and record my appreciation to the members who will not be returning to the Bar Council this term. Thank you for your impeccable service to the Bar and I wish you all the best in your future endeavours.
I also wish to express my appreciation to the Chairman and members of the Advocates and Solicitors Disciplinary Board, the Bar Council Secretariat, and Bar Council Legal Aid Centres. I wish to also place on record and thank Rajen Devaraj, the CEO of the Bar Council, all of the Executive Officers and the Bar Council Secretariat. Thank you all for your tireless dedication to the very important work that you do in ensuring the smooth running of the Bar and maintaining the high standards of discipline and professionalism expected of the legal profession.
I also wish to extend my appreciation to the Organising Committee of tonight’s glittering event, helmed by our very own Anne Andrew and her team from the Bar Council Secretariat, as well as our generous sponsors for making this wonderful evening possible.
Ladies and gentlemen,
I have been informed that the food tonight is going to be great and that you will be spoiled for choice in deciding what drink, or drinks, you should have. To help you decide, I leave you with these words, generally attributed to Benjamin Franklin:
In wine, there is wisdom. In beer, there is freedom. In water, there is bacteria.
Ladies and gentlemen, you make your choice. Bon appétit, and enjoy the evening!
Please click here for a peek at the highlights of the Malaysian Bar’s Annual Dinner and Dance 2018, held at the Grand Ballroom of the Mandarin Oriental Hotel, Kuala Lumpur, on 17 Mar 2018.