The proposal by the Government to establish a permanent Law Reform Commission1 (“Commission”) is not new. It was raised by the then-Deputy Minister in the Prime Minister’s Department, Datuk Liew Vui Keong, as far back as 2011,2 and again by the then-Minister in the Prime Minister’s Department, Dato’ Seri Mohamed Nazri Abdul Aziz, in 2012.3 The Malaysian Bar has long supported the establishment of such a Commission.4 In 2019, the Cabinet was reported to have approved the establishment of a Law Commission.5
The Malaysian Bar takes the position that there should be a standing and independent Law Reform Commission established by an act of Parliament. It should not operate within or under the Prime Minister’s Department, the Attorney General’s Chambers or any Ministry, and should be free from political influence and political considerations. An eminent retired judge or a nominee of the Malaysian Bar should chair the Commission. Civil society organisations must have meaningful representation, together with experienced parliamentary and legislative draftsmen, and other relevant experts and stakeholders.
Much of the groundwork for reform has already been laid. In 2018, the Bar Council submitted 55 proposals to the Institutional Reforms Committee (“IRC”) covering Parliament, the Election Commission, the Judiciary and Judicial Appointments Commission, the Attorney General’s Chambers, enforcement agencies and other areas of law reform.6 In February 2023, the Bar Council again made 60 submissions on institutional and law reforms to the Minister and the then-Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform).7
Some of these reforms have since been taken up or are now being pursued, including the separation of the offices of the Attorney General and Public Prosecutor, freedom of information, the proposed Ombudsman and parliamentary reform. However, not all governmental Bills have meaningfully reflected the Bar’s proposals.
Among the Commission’s first priorities should be laws which the Malaysian Bar has consistently called upon to be repealed or substantially reformed, including the Security Offences (Special Measures) Act 2012 (“SOSMA”), Sedition Act 1948, Prevention of Crime Act 1959, Prevention of Terrorism Act 2015, Printing Presses and Publications Act 1984, Dangerous Drugs (Special Preventive Measures) Act 1985 and the National Security Council Act 2016.
Meaningful freedom of information legislation and stronger whistleblower protection should also be priorities.
There is also unfinished business from the 2018 institutional reform exercise. The IRC submitted its final report to the Government in July 2018. However, despite calls for its release, including by the Malaysian Bar,8 the report has yet to be published after eight years. In 2023, the Government stated that a memorandum to make the report public would be brought to Cabinet, and that the IRC’s recommendations would be taken into account in the Government’s institutional reform agenda.9
Much time has been wasted repeating the need for the Commission. The Commission should be established forthwith.
Anand Raj
President
Malaysian Bar
17 September 2026
1 “Govt mulls permanent Law Reform Commission”, New Straits Times, 3 September 2026.
2 “Press Release | Malaysian Bar Commends Announcement of the Establishment of an Independent Law Reform Commission”, Malaysian Bar website, 24 May 2012.
3 “Bar welcomes law reform commission proposal”, Malaysiakini, 24 May 2012.
4 “Press Release | The Malaysian Bar Supports the Establishment of a Stand–Alone Ministry of Law and a Law Commission”, Malaysian Bar website, 30 July 2018.
5 “Cabinet ayes Law Commission and Ombudsman”, Malaysiakini, 2 November 2019.
6 “Press Release | Establish a Law Commission: Foster Public Trust and Confidence”, Malaysian Bar website, 11 November 2019.
7 “Submissions on Institutional and Law Reforms to the Minister of Law and Institutional Reform and Invitation for Feedback”, Malaysian Bar circular, 7 April 2023.
8 “Resolution for the Report of the Committee for Institutional Reforms to be Made Public”, Resolution Adopted at the 73rd Annual General Meeting of the Malaysian Bar Held at Wisma MCA, Kuala Lumpur (Saturday, 16 March 2019), Malaysian Bar website; “COMMENT | Release the report by Institutional Reforms Committee”, Malaysiakini, 27 January 2023.
9 “Cabinet to discuss release of IRC report soon: Azalina”, The Vibes, 14 March 2023.