MAY IT PLEASE:
1. YOUR LORDSHIPS AND LADYSHIPS
2. THE HONOURABLE FEDERAL ATTORNEY–GENERAL
3. THE HONOURABLE STATE ATTORNEYS–GENERAL OF SABAH AND OF SARAWAK
4. PRESIDENT OF THE SABAH LAW ASSOCIATION
5. PRESIDENT OF THE BAR COUNCIL, MALAYSIA
6. MY FELLOW MEMBERS OF THE BARS OF SABAH AND SARAWAK
7. INVITED GUESTS
8. LADIES & GENTLEMEN
It is customary for speeches during the Opening of the Legal Year to focus on the high and heavy duties of Judges and lawyers.
It is customary for us to speak of the pursuit of Justice.
Without Justice, there would be discrimination, denial of equal opportunity and equal representation. There would be a denial of basic rights and freedoms.
The pillar of Justice embodies enduring ideals such as the Rule of Law and social morality.
My Lords, My Ladies:
The prestige of our profession comes not from the accolades and praises we sing of each other on occasions such as these. More and more, that prestige is determined by what the ordinary citizen perceives to be the result of the work we do.
I suppose everyone knows by now, of late we are working and functioning on the defensive. It is harder to convince the man on the street that there is fairness at the core of our Courts and their judicial pronouncements; fairness at the core of our processes.
He is more critical of what we do and how it affects him. He is also critical of the unfairness that affects his fellow citizens.
Times are changing. It is no longer enough for our legal system merely to endure. It must prevail.
My Lords, My Ladies:
This year – 2015, marks the 800th anniversary of the signing of the Magna Carta by King John of England in 1215. The Magna Carta established for the first time that everybody, including the King, was subject to the law. It was ground–breaking. We still regard that document as the founding document on universal human rights.
There were 63 clauses in the Magna Carta. For my speech this morning, allow me to quote just 1 of those clauses. It reads like this –
NO FREE MAN SHALL BE SEIZED OR IMPRISONED,OR STRIPPED OF HIS RIGHTS OR POSSESSIONS,OR OUTLAWED OR EXILED,OR DEPRIVED OF HIS STANDING IN ANY OTHER WAY,NOR WILL WE PROCEED WITH FORCE AGAINST HIM,OR SEND OTHERS TO DO SO,EXCEPT BY THE LAWFUL JUDGMENT OF HIS EQUALS,OR BY THE LAW OF THE LAND.TO NO ONE WILL WE SELL,TO NO ONE DENY,OR DELAY,RIGHTS OR JUSTICE.
The more things change, the more they stay the same. 800 years on, despite all our advances, this clause is as relevant today as it was then.
My Lords, My Ladies:
That struggle between the rights and freedoms of citizens, and the oppression of those rights and freedoms by those in power rages on today in some countries. We, the ones with our high and heavy duties, are tasked with responsibility of resolving these conflicts.
We can only inspire confidence in our fellow citizens if they can believe and trust that the Judiciary is independent and impartial.
In 2014, some of these conflicts entered our courtrooms. The decisions of the Court of Appeal in Nik Nazmi Nik Ahmad v PP affirming the right to peaceful assembly and in the Federal Territory Islamic Religious Department’s appeal against Berjaya Books Sdn Bhd & Ors in relation to unconstitutional actions by the religious department had, to a certain extent raised the hopes and confidence of the public in the independence of the Malaysian Judiciary when deciding on the constitutional rights and fundamental liberties of Malaysian citizens.
But in other instances, for example – the refusal of the Federal Court to grant leave to appeal in the Herald’s case and various criminal appeals in respect Datuk Seri Anwar Ibrahim had once more given rise to public concern on the independence of the Malaysian judiciary.
My Lords, My Ladies:
There is no perfect justice. There is also no such thing as a perfect judicial system in this world. We do not deny this. It is true.
But while that is so, in a country governed by the Rule of Law, the Courts are where citizens place their hopes in, and expect that all matters will be adjudicated on fairly; regardless of who the litigants are. Regardless of whether the matter is sensitive or not.
History shows that we recognise, remember and respect the honest and upright decisions of Judges.
To many people across East Asia, Justice Bao Zheng (who lived in the years AD 999 to 1062) is a household name. He is respected for standing up for the rights of the common man. Generation after generation, stories are told and retold of his determination to mete out justice without fear or favour.
His uncompromising stance against corruption or abuse among the government officials and his refusal to yield to higher powers including the Emperor’s family earned him praise and respect that has endured for a thousand years.
A poem reportedly written by Justice Bao Zheng during his time in office reads:
“The essence of governing is to have a cleansed heart.The strategy of life is to follow upright ways.The elegant stem will eventually turn into a pillar.Refined steel cannot be bent into a hook.”
Guided by upright virtues and principles, we ask that the Courts uphold its sacred duty to dispense justice in accordance with the law.
My Lords, My Ladies:
Your fair and honest Judgments would also be remembered by the people for a thousand years to come.
My Lords, My Ladies:
Ladies and Gentlemen:
I wish to now report on the activities of the Advocates Association of Sarawak in 2014.
The Association continued to maintain a close working relationship with the Judiciary.
In 2014, Yang Amat Arif, the Chief Judge of Sabah and Sarawak had continued with the established practice of engaging legal practitioners to hear and resolve our problems.
One of the dialogues that was initiated by Yang Amat Arif involved exploring ways to improve the transcribing of notes of evidence in the Sarawak Courts. There were suggestions from various quarters to have lawyers transcribe their own notes so that trial proceedings are smoother.
Naturally, there were mixed responses to this.
But after a cordial discussion with Yang Amat Arif, we were able to ensure that notes of evidence could still be obtained from the Court during the course of the trial. The facilities for transcribing are available throughout Sarawak and are functioning smoothly.
Dinners with Court of Appeal and Federal Court Judges
In 2014, the Association hosted dinners for Judges of the Federal Court and Court of Appeal sitting in Kuching. This is a time honoured tradition of the Sarawak Bar which is similar to dining at the 4 Inns of Court. It is also an avenue for our practitioners to show their appreciation to the visiting Judges for their services to the people of Sarawak.
In 2015, the Association will continue to honour this tradition.
The Relationship between the 3 Bars in Malaysia
The relationship and co–operation between the 3 Bars of Malaysia has strengthened over the years.
In 2014, there were 2 Tripartite Bar meetings held in Kuala Lumpur and Kuching to discuss areas of common interest and concern to us.
In 2015, our efforts will continue. We will work together to advance common causes and to facilitate the exchange of knowledge and information between members of our 3 Bars.
Continuing Legal Education
Last year, the Association organised many talks and seminars with the objective of raising the standards of the legal profession in Sarawak.
These talks included a National Symposium on Islamic Banking and Finance held on 24 to 25 June 2014 which was attended by over 370 participants from Peninsular Malaysia, Sabah and Sarawak.
There were also talks and seminars on the Personal Data Protection Act, 2010 and the Goods and Services Tax Act 2014.
The law is constantly changing to adapt to our legal landscape. Legal practitioners must also constantly update themselves with the requisite knowledge and skills in order to be competent when offering legal services to the public.
Constitutional matters affecting Sarawak
In line with Article 3(1)(h) of our Association’s Constitution, we have many times raised and continue to raise matters of public concern involving constitutional issues.
In March 2014, the 3 Bars jointly spoke out by issuing public statements in relation to the Government’s move to deny 3 opposition politicians entry into the state.
These were elected representatives traveling in to assist in a state by–election. The bar to their entry was a violation of Article 9 of the Federal Constitution which guarantees the right of citizens to move freely throughout the Federation.
It was also a breach of Section 67 of the Immigration Act 1959/63 pertaining to the right of a citizen to enter the state for the sole purpose of engaging in legitimate political activity.
And then there was the Herald’s case.
The implications to the constitutional rights of Sarawak Christians to freely practice their faith in peace and harmony in any part of the Federation are serious and continue to be of great concern to Sarawakians.Thus, the Association took it upon themselves to attend the hearing before the Federal Court as amicus curiae.
Sporting Events
In the field of sports last year, the Association took part in the Quadrangular Bar Games held in Kuala Lumpur from the 1st to 3rd May 2014. The Sarawak Contingent comprised 36 members who took part in 5 competitive and 2 non–competitive sporting events.
Admissions to the Sarawak Bar
In 2014, we welcomed 64 new admissions to the Bar.
We continue to play our part in vetting admissions to the Bar. Together with the State Attorney–General’s Chambers, the Association assists the Chief Judge of Sabah & Sarawak in conducting interviews of petitioners and in assessing their eligibility to be called the Bar.
The requirements for admission are being tightened in order to maintain a higher standard of practice. Courses on ethics and advocacy are being fine tuned now and will be made compulsory for all pupils.
Another one of the projects that we are working on together with our counterparts in the Sabah Law Association, Bar Council and also Bruneian Bar is the setting up of a Borneo Advocacy Centre to train and equip practitioners and students with better advocacy skills. We hope in 2015, this centre will become operational.
Efforts to become a Statutory Body
In December, 2014, the Association was entrusted by the Judiciary to conduct background checks of practitioners seeking to renew their annual practicing certificates.
The fee that the Association charges to conduct this exercise also goes towards the funding of the functions of the Advocates Inquiry Committee.
I wish to thank Yang Amat Arif and the Judicial Department Sarawak for making this possible and for solving a long outstanding problem concerning financial provisions for the Inquiry Committee’s work.
The Association was also tasked with statutory duties to maintain a register of firm names under the Advocates (Registration of Firm Names) Rules 2014.
The responsibilities that the Association is engaged in today has increased tremendously and are serious and relevant to upholding the law and raising standards of the Bar.
We draft legislative proposals to regulate our profession and implement it when it becomes law.
We play a role too in promoting awareness of the law.
We engage both the public and the government on current affairs.
We speak up when the need arises.
Our activities are transforming and are increasingly becoming the duties and responsibilities of a professional body that regulates and governs the practice of law.
So, in 2015, the Association will increase its efforts to achieve full fledge statutory body status in order to better carry out these duties.
Amendment of Rules
I am also pleased to report that the draft amendments to the Advocates Remuneration Rules 1988 have been approved by Yang Amat Arif in 2014 and is currently awaiting the concurrence of the State Attorney General. We hope the amendments to the Advocates Remuneration Rules will soon be gazetted this year.
These new Rules will join the series of other new Rules that were gazette last year. Together these new legislation reflect the changing landscape of the practice of law in Sarawak and our efforts to keep the regulatory framework up to date and responsive.
My Lords, My Ladies:
Pledges for 2015
In 2015, the Association pledges to work even more closely with the Judiciary in the administration of justice in Sarawak.
It is true that Judges are the ultimate consumers of lawyer’s advocacy skills and legal competency in general. This is something we are mindful of and will continue to provide continuing legal education to raise the standard of the Bar. We hope to see cooperation from the Judicial Department in the holding of seminars and workshops as the year unfolds.
To the Bench and the Chambers of the Attorney General, I pledge the fullest cooperation and support from the Association.
My Lords, My Ladies:
I am also told that it is customary to have light–hearted segments in my speech. So in preparing for today I had asked my committee members to give me some lawyer jokes.
However, as I was about to read them this morning, I realised those jokes were true stories about people we know.
As such, I think it would be best to leave them out and remove all joke–preparing duties from my committee with immediate effect.
My Lords, My Ladies:
I come to the end of my speech on behalf of the Advocates Association of Sarawak.
To all in attendance at this special ceremony, allow me to wish you a “Happy New Year 2015”. May God bless you all.
Much obliged.
Leonard Shim
President
Advocates Association of Sarawak