by Lucy Lee, member of the Bar Council Publications Committee
The 37th LAWASIA Conference 2024 is taking place from 13 to 15 Oct 2024 at Hilton Kuala Lumpur.
The first Plenary Session of the 37th LAWASIA Conference was on the topic of judicial independence and titled “Beijing Principles on the Independence of the Judiciary”. The session was moderated by The Honourable Justice Julie Ward, President of the Court of Appeal of New South Wales.
The Beijing Principles on the Independence of the Judiciary (“Beijing Principles”) refers to the joint statement adopted by the Chief Justices from countries in the Asia Pacific, at the 6th Conference of Chief Justices held in Beijing in August 1995. The Beijing Principles framed the consensus that represent the minimum standards in maintaining the independence and effective functioning of the judiciary. The Beijing Principles have now been signed by 32 Chief Justices from throughout the Asia-Pacific region.
The first speaker of the session was the Honourable Chief Justice of the Supreme Court of Singapore, Sundaresh Menon. Justice Menon shared two pressing challenges that threaten the sustainability of the legal process — namely, access to justice and sustainability of value-based practice.
He proposed that justice must be reasonably accessible to all, and this requires the Courts to adopt a paradigm shift in embracing a broader systemic role to develop and operate the justice system beyond its adjudication role. One such example includes recognising the vast potential of artificial intelligence in its judicial use, and the adoption of artificial intelligence to empower those who need justice with factual information and assistance.
Justice Menon cautioned about the number of young lawyers leaving the legal profession. He suggested that conversations be held to align expectations across generations, realign their professional values, an provide mentorship and training, which had been left to be developed organically in the past.
The second speaker was the Honourable Muntharee Ujjin, Vice-President of the Supreme Court of Thailand. Justice Ujjin explained the manner in which the principle of judicial independence is practised in Thailand, and shared that the principle has been incorporated into the Constitution of Thailand. She discussed the Code of Judicial Conduct, which defines the ideology of judges in Thailand, and is in line with the Beijing Principles.
The third speaker was Justice Susan Glazebrook, Judge of the Supreme Court of New Zealand. Justice Glazebrook echoed Justice Menon’s view that access to justice is core to the administrative of justice. She added that an impartial judiciary should be achieved through appointing judges from the part of society that they judge, rather than the privileged minority. This would work towards developing a people-centred approach to justice, which focuses on the justice needs of the people and the fundamental question of whether the justice needs are solved.
Justice Glazebrook cautioned misinformation in the digital era, which subject judges to online attacks that potentially result in impugned integrity of the judges. In this regard, Justice Glazebrook emphasised the importance of a truly fair hearing.
The final speaker was Dato’ Mah Weng Kwai, former Court of Appeal Judge and a Consultant at Mah Weng Kwai & Associates. Dato’ Mah shared the relevance and importance of judicial independence in the judicial system. He also explained the framework of judicial appointments in Malaysia and introduced to the audience some key recent cases in Malaysia that showcased the assertion of the principle of judicial independence. Lastly, he highlighted the importance of an independent Bar in the judicial system.