The Bar Council notes the assurance of Y.B. Attorney General that the Bar Council will be consulted before approval is given for the issuance of the Special Admission Certificate to foreign lawyers under Part IIA of the Legal Profession Act, 1976. However the Bar Council is of the view that Part IIA is unsuitable as regards the mechanism needed for enabling foreign lawyers to practice in our jurisdiction.
The admission of foreign lawyers should be considered as part of the overall GATS question and not independently under Pt IIA. The Bar Council has been supportive of the Government's cautious move to offer Labuan as part of its GATS liberalisation after the Uruguay round as regards the legal services sector. Whilst foreign lawyers now have a physical presence in Labuan, they are restricted to doing offshore work for offshore clients. The current position of allowing the physical presence of foreign lawyers in Labuan should not be extended to West Malaysia by bringing into force Pt IIA which was created 21 years ago under vastly different circumstances. The Malaysian Bar at its Annual General Meeting held on 20th March, 1999 considered the bringing into force of Part IIA with effect from 1st February, 1999 and unanimously resolved for the total repeal of Part IIA as there is no basis or justification for the existence of the provision.
Dated: 12th April 1999
R R Chelvarajah
President
Malaysian Bar
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Admission of foreign lawyers
12 Apr 1999 12:00 am