1. In 1988, when Tan Sri Wan Hamzah, Tan Sri Azmi and the
late Tan Sri Eusoffe Abdoolcader were suspended and Tun Salleh, the late Tan Sri
Wan Suleiman and Dato’ George Seah were dismissed, it seemed as if a seismic
shift had broken the equilibrium of power between the Executive and the
Judiciary. The removal of three of the most senior Judges of the High Court left
us with the sense that the Judiciary had been bent to the will of the Executive.
2. To the Bar, these Judges who had been removed are heroes in the battle to
uphold the dignity, integrity and independence of the judiciary. Heroes who paid
a heavy price.
3. But there ought never to have been a battle. There ought never to have been a
price to pay. We had a Judiciary that was painstakingly nurtured and developed
by all those that came before. For the first time these Honourable Judges faced
the challenge of their lives. And they lived up to that challenge. I am reminded
of a saying, “It is the hour of trial that makes men great, not the hour of
triumph.”
4. In 1988, the Bar recognised the greatness of what these Judges did by
numerous Resolutions and other declarations of admiration. Now, 20 years later,
we hope for due recognition of their brave acts by the nation, so that the
public conscience may be assuaged by the righting of a wrong.
5. It is therefore only proper that on your behalf, I acknowledge these judges
who withstood their hour of trial with fortitude and dignity. In that battle,
they are the victors - Tun Salleh, Dato’ George Seah, Tan Sri Wan Hamzah, Tan
Sri Azmi, Tan Sri Wan Sulaiman and Tan Sri Eusoffe Abdoolcader.
6. We are pleased to acknowledge the presence of Tun Salleh and his family, the
family of Tan Sri Wan Sulaiman and Tan Sri Eusoffe, Tan Sri Azmi. Unfortunately
Tan Sri Wan Hamzah was unable to be present.
7. The highlight of tonight’s dinner is the Keynote Address by the Prime
Minister entitled “Delivering Justice, Renewing Trust”. Such a speech to be
delivered in the presence of these judges has much meaning. The promise of
judicial reform ushers in a new era for the administration of justice. These
moves are in step with the worldwide shift towards strengthening institutions
and in particular the critical institution of the Judiciary. They are in step
with the greater call for transparency and accountability. Most of all, they are
in step with the wishes and aspirations of the people of Malaysia.
8. In this process of positive change, we have not forgotten, and we believe,
credit should be given to you, Mr. Prime Minister that since 2004, it was you
who loosened the tight grip on our fundamental freedoms, you who created more
democratic space and you who encouraged dialogue and difference of opinion. It
is only in such an environment that a nation can come of age and grow in
strength. That credit is yours. We have also not forgotten that last year at the
Malaysian Law Conference you promised to meet us, the Bar and you kept your
promise when you indeed met us subsequently to address our concerns. Now you and
your administration are being responsive to the views of the people, and
demonstrating the resolve, courage and vision to bring in much needed reform in
the administration of justice. All this augurs well for a Malaysia that is
poised to take its rightful place amongst the developed and functioning
democracies of this world.
9. In this connection we are pleased that one of our members has been appointed
a Cabinet Minister in charge of legal matters namely Datuk Zaid Ibrahim who has
stepped up to the plate in the national interests. He has wasted no time in
moving forward the promised changes. We say to him that so far, we like what we
are hearing from him.
10. The Judicial Appointments Commission may not attract universal acceptance.
This is understandable and all concerns should be addressed. Recent events have
taught us that the current system does not work, and is no longer acceptable to
the Malaysian public. Those objecting to it must therefore suborn their fears of
a new system to the larger interests of the nation.
11. The concept of consultation with the Bar in the judicial appointments
process is not new. It existed before but was done on an informal basis. The
role of the Bar was always given weight in this process as they were the views
of the professionals who appeared before the courts on a daily basis.
12. The question of being beholden to any appointing authority, whether under
the proposed Judicial Appointments Commission or the present system, does not
arise as Judges know that they discharge their responsibilities impartially,
independent of who the appointing authority is, guided only by their oath of
office, and their conscience.
13. In this quest for reform, the legal profession must and will play its part.
We continually endeavour to strengthen the profession from within to improve our
standards and our professionalism. We will never shy away from criticism and are
sensitive to the public’s views.
14. Another proposed reform is the restoration of Article 121(1) of the Federal
Constitution to its original wording. The amendment in 1988 was seen by many as
an attempt to negate the doctrine of separation of powers and to limit the
jurisdiction and power of the Judiciary. We welcome the proposal to restore the
original wording of Article 121(1). It will be an expression of the
Legislature’s and the Executive’s understanding that judicial power vests, and
must vest, in the Judiciary.
15. We are delighted to have with us tonight the leader of Pakatan Rakyat Yang
Berhormat Datin Seri Wan Azizah Wan Ismail, leaders of the Barisan Nasional
component parties and leaders of the Pakatan Rakyat component parties as well as
so many civil society groups, all of whom are here at short notice. This
demonstrates that we are a nation united when there is a move towards positive
change in the public interest, a move towards correcting an injustice and when
we do something simply because it is the right thing to do.
16. We have other issues of course that we would like to engage your
administration on Mr. Prime Minister. One of them is that of the ISA detainees,
and here we appeal to you, Mr. Prime Minister, to please look at their cases
again, and revisit the decision made. We hope Dato’ Seri will be open to
discussing this issue further with us.
17. I conclude by saying that the time for change is now. Evidently, you see
that Mr. Prime Minister. The Bar supports this move. In any event, we would like
to see our Minister in charge of law kept busy. Ladies and gentlemen, have a
pleasant evening.
OH HOW LOVELY IS THE EVENING ... written by Stephen Tan Ban Cheng,
18 April, 2008 at 05:06 pm
My dear Ambiga
I remember the sad events of 1988 as a practising journalist at that time.
I remember that "Salute the Six" campaign which the Bar mounted in honour of the Judges affected by the crisis.
I remember how that crisis congealed my long-held but put off ambition to study law.
I believe this closure is appropriate, although whether it is appropriate enough is always debatable.
The fact is that Pak Lah, as the Prime Minister, has seen it fit and proper to acknowledge the courage of the Judges affected despite the attendant burden they and their families have had to bear for nearly 20 years.
Pak Lah's signal move, it must be remembered, came in the wake of strong pressures against it. That is the quality of leadership that Pak Lah should be commended for.
I pray that he will continue to rise to the hour whenever it comes.
Let me leave you with the words of this round song:
"Oh how lovely is the evening When the bells are sweetly ringing, Sweetly ringing ... ding-dong"
Let us move on ...
Stephen Tan Ban Cheng
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Articles & Judgments 
1. In 1988, when Tan Sri Wan Hamzah, Tan Sri Azmi and the
late Tan Sri Eusoffe Abdoolcader were suspended and Tun Salleh, the late Tan Sri
Wan Suleiman and Dato’ George Seah were dismissed, it seemed as if a seismic
shift had broken the equilibrium of power between the Executive and the
Judiciary. The removal of three of the most senior Judges of the High Court left
us with the sense that the Judiciary had been bent to the will of the Executive.
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Malacca Bar: Conference on the Roadmap to Local Government Elections 
Circular No 181/2008 : 22nd Sultan Azlan Shah Law Lecture
My dear Ambiga
I remember the sad events of 1988 as a practising journalist at that time.
I remember that "Salute the Six" campaign which the Bar mounted in honour of the Judges affected by the crisis.
I remember how that crisis congealed my long-held but put off ambition to study law.
I believe this closure is appropriate, although whether it is appropriate enough is always debatable.
The fact is that Pak Lah, as the Prime Minister, has seen it fit and proper to acknowledge the courage of the Judges affected despite the attendant burden they and their families have had to bear for nearly 20 years.
Pak Lah's signal move, it must be remembered, came in the wake of strong pressures against it. That is the quality of leadership that Pak Lah should be commended for.
I pray that he will continue to rise to the hour whenever it comes.
Let me leave you with the words of this round song:
"Oh how lovely is the evening
When the bells are sweetly ringing,
Sweetly ringing ... ding-dong"
Let us move on ...
Stephen Tan Ban Cheng