• Home
  • News
    • Press Statements
    • Speeches
    • Bar News
    • AGMs and EGMs
    • In Memoriam
    • Legal and General News
    • Court Judgments
  • Members
    • Circulars
    • Sijil Annual and Payments
    • Benefits
    • Peer Support Network
    • Practice Management
    • Professional Development
    • Opportunities for Practice
    • Mentor-Mentee Programmes
    • Laws, BC Rulings and Practice Directions
    • Resources
    • Become a Member
  • Find
    • Legal Directories
    • BC Legal Aid Centres
    • State Bar Committees
    • Law Firms | Areas of Practice
    • Jobs
    • Useful forms
  • About Us
    • Malaysian Bar and Bar Council
    • President's Corner
    • Committees
    • Previous Committees
    • Contacts
    • Advertising
  • Public
    • Complaints
    • Legal Aid
    • Notices
    • Compensation Fund
  • Search
  • Login
Search for

New login method: If first-time login, the password is your NRIC No. Call 20502191 for help.

 
Lost your password? Remember Me

 
No User ID/Password for firm? Click here for more information. Forgot Firm Username/Password?

Set a new password

If you have lost your password, you must set a new password. To begin this process, please key in your 12-digit NRIC No. below.

Forgot Firm Username/ Password?

Please enter name of firm or registered email address, indicate whether you want to retrieve your firm's username or password, and click "Submit".

Username Password
 
Access to Member Portal

Please key in your membership number, and click "GO"

BC
Resume Practice Request

Please key in your membership number, and click "GO"

BC
Newly-Called Request

Please key in your pupil code, and click "Submit"

Pupil Code

Change Password


Please enter your Password and Confirm Password then click on the Change Password button.
You will receive a new password shortly. Use this new password to access the site.

Password:
Confirm Password:
 
Change Password


Shortcut
  • Legal Directory
  • Find a Job
  • CPD
  • Online Shop
  • e-Library
  • Payments
  • Complaints
  • Committees

Search the site

  • Search Me
Member Login
  • BC Online Facilities
  • Login Type 2
  • Login Type 3
  • Login Type 4
  • News
  • Press Statements
  • Press Statements
News
Press Statements
  • Press Statements
Speeches
  • Speeches
Bar News
  • Notices
  • News
AGMs and EGMs
  • Resolutions
In Memoriam
  • In Memoriam
Legal and General News
  • General News
  • Members' Opinions
  • Legal News
Court Judgments
  • Judgments
  • Go back to list
Press Comment | More Clarity Required for the Law of Contempt 30 Jun 2020 6:45 pm

The Malaysian Bar calls upon the Attorney General to revisit his discretion under Article 145(3) of the Federal Constitution, in relation to the contempt proceedings against Malaysiakini and its editor-in-chief Steven Gan.

The law of contempt serves the public interest, and is not to vindicate the dignity of any judge or the Court itself, but to prevent an undue interference with the administration of justice in the public interest. There must be a balance between public interest and individual liberties. As was resolved at the 53rd Annual General Meeting (“AGM”) in 1999, the Malaysian Bar reiterates that the power to punish for contempt of court is by tradition to be exercised sparingly and only in exceptional cases.

The Malaysian Bar understands that an inter partes hearing for the contempt proceedings has been fixed on 2 July 2020 (Thursday), pending disposal of Malaysiakini’s application to set aside the Federal Court ruling granting leave to the Attorney General. The Malaysian Bar will hold a watching brief and ventilate the Bar’s views in the prescribed forum.

The law of contempt has been regarded by some common law countries as an archaic and unnecessary tool to interfere with freedom of expression. The United Kingdom has abolished the offence of “scandalising the court”.

The Malaysian Bar views that the vague concept of contempt of court has to be codified to provide a clear and unequivocal definition of legal concepts such as “scandalising the court” and to ensure some degree of certainty in this area of law. In this regard, the Bar Council is in the midst of drafting a Contempt of Court Bill.

 

Salim Bashir
President

Malaysian Bar

30 June 2020

© Copyright Reserved 2023. Bar Council Malaysia.
 

I'm a

 
 
 
 
 

I'm a