Yang Amat Arif Tun Arifin Zakaria, Chief Justice of the Federal Court of Malaysia;
Yang Amat Arif Tan Sri Dato’ Seri Md Raus Bin Sharif, President of the Court of Appeal;
Judges of the Federal Court of Malaysia;
Judges of the Court of Appeal;
Judges of the High Court;
Judicial Commissioners;
Members of the Judicial Appointments Commission;
Former members of the Judiciary;
Presidents and representatives of Bar Associations;
My fellow former Office Bearers of the Malaysian Bar;
Bar Council members;
Past Presidents of the Malaysian Bar;
Former members of Bar Council Malaysia;
Your Excellencies High Commissioners and Ambassadors;
Deans and representatives of law faculties and law schools;
Sponsors and supporters of the Malaysian Bar’s 69th Annual General Meeting and Annual Dinner and Dance;
My esteemed brothers and sisters of the Bar; and
Distinguished guests.
A very good evening to all of you, and I am delighted to bid you a very warm welcome to our Annual Dinner and Dance held in conjunction with the 69th Annual General Meeting of the Malaysian Bar. I am informed that the turnout this evening is somewhat of a record, with almost a thousand in attendance. It is indeed a wonderful sight to see so many of you joining us for this event.
This evening represents one of the few opportunities when all those who are partners and stakeholders in the administration of justice gather in a relaxed and convivial atmosphere for an evening of merriment and friendship.
I see that many of you are poised with your forks and knives. I only hope that is because you are hungry and not for any other reason. Being the cautious person that I am and as is with dinner speeches, I will endeavour, but not promise, to make this short. You may notice that in your programme for this evening, I am described as the outgoing President. I was given a choice between “outgoing president” or “has been”.
Relationships with Judiciary and Attorney General’s Chambers
Ladies and gentlemen,
It has taken me two years to arrive at this rostrum. It has indeed been a long walk.
One of the first things I said when I assumed the Presidency in 2013 was that the Malaysian Bar intended to engage with and continue its good working relationships with the Judiciary and the Attorney General’s Chambers to enhance the standards of legal practitioners in the private and public sectors, and the Bench; as well as in the interest of the administration of justice.
Since that time, the Bar, the Judiciary — in particular the Chief Justice, President of the Court of Appeal, Chief Judge of Malaya and the Chief Judge of Sabah and Sarawak — as well as the Attorney General, have been proactive in our engagements and collaborations.
I would like to say a few words in particular about the Bench and Bar. It is heartening that the Judiciary and the Bar have a productive and mutually respectful relationship — each institution being cognisant of the duties and functions, and the roles and responsibilities, of the other. We work together in many areas that are important and beneficial to each institution and to the administration of justice. Recognising and appreciating our respective roles and functions, we are able to be mutually reinforcing in the many areas where we are able to collaborate, and at the same time able to agree to disagree if such occasion arises.
As The Right Honourable Chief Justice Tun Arifin Zakaria has repeatedly said, at the Opening of the Legal Year on 10 January 2015 and at the elevation ceremony for Judges on 16 February 2015, the Judiciary welcomes views, comments and criticisms that are constructive. I have had occasion to also say that of the Bar, in that we also welcome comments and criticisms. This is one of the things that the three institutions — the Judiciary, the Attorney General’s Chambers and the Bar — have in common. We are subject to public scrutiny and comment, and we accept that this is part of the maturation process of a constitutional democracy premised on the principles of the rule of law.
I wish to convey my heartfelt thanks to The Right Honourable Chief Justice and the Attorney General for the positive and productive engagement with the Bar, and I am hopeful and optimistic for this to continue.
My two years as President of the Malaysian Bar
Ladies and gentlemen,
Just before I assumed the office of the President of the Malaysian Bar in March 2013, the past Presidents warned me that nothing prepares one for the Presidency. I was, however, fairly confident that I knew what I was getting myself into, and what the demands on my energy, time and mind would be. After all, over the years I have served on various committees of the Bar Council, as an elected member of the Bar Council, and as Vice–President of the Malaysian Bar.
I should have taken the warnings more seriously. The past Presidents were indeed right. The Presidency became a full–time endeavour, and it constantly felt as though there were not enough hours in each day.
I recall that towards the end of my first term, I was already fatigued, the office was taking a toll on me, and I wished for some rest and respite. However, I was reminded of a famous poem by Robert Frost, titled “Stopping by woods on a snowy evening”. Permit me to recite its last stanza, as follows:
The woods are lovely, dark, and deep,But I have promises to keep,And miles to go before I sleep,And miles to go before I sleep.
There is debate in the literary world as to what the poem means. For me, it reminded me that my work was not yet done; that the call of duty meant I had another year to go, and a journey I must complete. The second term as president was as equally challenging as the first term had been.
A couple of questions frequently asked of me lately have been “How have the past two years been?”, and “What are your achievements or accomplishments?” I had said, and I would repeat, that the Presidency is not about that person’s achievements; it is not about any one person for the time being. The President’s work is about the duties, values and principles of the Malaysian Bar. It is about the continuity of the work and responsibilities of the Bar in meeting the demands and expectations of its Members and the public. Any achievements made are not those of the President, but of the Malaysian Bar. The Malaysian Bar is greater than the sum of its parts, with the President being only one part.
The last month of my Presidency has been an unusual experience. I have heard it said generally that a president is a lame duck towards the end of the term. One may be forgiven for having an impression that sometimes there are people who attempt to instead set up the President as a sitting duck, such as earlier today. I am heartened that in the case of the Malaysian Bar, our Members did not permit that to be the case. The Presidency is not about any one person. The President is the voice and face of the Bar.
It has been challenging, stressful, sometimes debilitating, edifying, interesting and, in the end, satisfying.
Although I will look back over the past two years with some sentimentality, I am relieved to be stepping down and handing over the reins of the Bar to the new President.
Criticisms of the Malaysian Bar
To those who from time to time claim that the Bar is anti–establishment and critical of the Government, I have this to say. I believe that those who are tasked with duties and responsibilities, and conferred with power to carry out those duties and responsibilities, should not expect accolades and garlands for doing their job. On the other hand, it is inherent in any democracy, and system of checks and balances, that there is scrutiny, and criticisms when the job is not done or there is abuse of office or power.
The Bar is enjoined by the provisions of the Legal Profession Act 1976 to, amongst others, uphold the cause of justice without regard to its own interests or that of its members, uninfluenced by fear or favour; and to protect and assist the public in all matters touching, ancillary or incidental to the law. In carrying out its statutory duties, the Bar is vigilant and would invariably comment on and act with respect to matters that are of concern not only to its Members but also to the public.
After all, it was Edmund Burke who once said that “all it takes for evil to triumph is for good people to do nothing”, and doing nothing is never an option for the Malaysian Bar.
Those who criticise the Malaysian Bar do not understand or appreciate the true role and duties of the Malaysian Bar.
The Bar has always been and will remain independent. Just because some people do not like what we say does not mean we are anti–establishment. The Bar has a duty to speak up against abuse of power. In this regard, it is usually only people in power who are in a position to abuse power.
Thanks and appreciation
I cannot imagine another organisation in Malaysia that is called upon to undertake the breadth and depth of matters that fall upon, or are constantly demanded and expected of, the Malaysian Bar on a daily basis. The spectrum of the Bar’s statutory duties and responsibilities ranges from practice issues affecting the legal profession, educational and professional standards and conduct, and welfare of Members of the Bar, to providing a scheme for access to justice by impecunious persons, protecting and assisting the public in all matters pertaining to the law, and upholding the cause of justice and defending the rule of law.
These we endeavour to do to the best of our abilities. Our work is made possible only as a result of the commitment and toil of the many Members of the Bar and Secretariat personnel, who give of their time and energies unstintingly and unselfishly.
My thanks go firstly to the staff of the Bar Council Secretariat, Advocates and Solicitors Disciplinary Board, and Bar Council Legal Aid Centres. We should all be aware that the staff take particular pride and self–satisfaction in doing their best in every task asked of them. Their conscientious and outstanding service and professionalism ensure that every matter, from the mundane to the unexpected, is attended to. I had witnessed these qualities contribute to the successes of our International Malaysia Law Conference 2014, International Advocacy Training Council Conference, Extraordinary General Meeting, and the Bar’s Walk for Peace and Freedom, all of which happened within a four–week period in September and October 2014. This was an amazing display of their excellence under demanding circumstances.
The work of the Chairman — Datuk Syed Ahmed Helmy b Syed Ahmad — and members of the Advocates and Solicitors Disciplinary Board is often misunderstood and unappreciated. They are in fact the gatekeepers of our professional conduct and standards, and perform an indispensable and vital role. They do this in the public interest, to ensure that those who rely on the services of our Members have recourse when there is complaint, and to maintain public confidence in the integrity of the legal profession. They have my gratitude for their service and perseverance in this regard.
I also extend my appreciation to all members and Chairpersons of the numerous committees of the Bar Council. It is a testament to their diligence that the Bar is able to undertake the myriad tasks and duties imposed on it by section 42 of the Legal Profession Act 1976. The continuous work of the Bar relies on the dedication of Members of the Bar serving on the committees.
My profound thanks to my fellow members of the Bar Council and the Special Committee, for their industry and camaraderie. As with last term, I am indeed fortunate to have a Council that is cohesive, robust and productive.
I have been extremely blessed to have served alongside my fellow Office Bearers Steven Thiru (Vice–President), Richard Wee Thiam Seng (Secretary) and Karen Cheah Yee Lynn (Treasurer), as well as Rajen Devaraj (CEO) and Chin Oy Sim (Deputy CEO), who have been my constant companions and advisors. Each of them has been passionately and resolutely committed in service to the Bar. I am deeply thankful for their counsel, sacrifice and understanding. But for the tireless support of the Office Bearers, I would have been found wanting on more occasions. A special thank you also goes to Rajen and Oy Sim for leading and inspiring the great team in the Secretariat.
To all those mentioned, my words can never be praise enough. I have been tremendously privileged and honoured to have served the Malaysian Bar with all of you. I wish each one of you every success in your continuous undertaking and service to the Bar.
I wish to extend my appreciation to the Organising Committee, chaired by Richard Wee, for this evening’s event, as well as the Bar Council and my fellow Office Bearers, staff members of the Bar Council Secretariat, and the wonderful sponsors.
Last but not least, to all Members of the Malaysian Bar, I am proud to be counted amongst you. Time and again, you have shown that collectively, the Malaysian Bar is far greater than the sum of its parts. It is not only an institution; it is a movement.
New Office Bearers of the Bar
Ladies and gentlemen,
At this juncture, it gives me great pleasure to introduce to you the new Office Bearers of the Malaysian Bar for the 2015/2016 term.
Firstly, the very capable and dashing Steven Thiru — our new President of the Malaysian Bar.
George Varughese is the Vice–President, Karen Cheah is the Secretary, and Abdul Fareed Gafoor is the Treasurer.
To my friend, Steven Thiru, the new President of the Malaysian Bar, thank you for taking over the hot seat. It is now to you that we look for leadership.
In constantly seeking to accomplish my tasks and reaching the objectives of the Malaysian Bar, I have stood on the shoulders of each past President of the Malaysian Bar. In this I am fortunate to have had 26 Presidents preceding me. May all of the experiences of our past Presidents guide you in the tasks and huge responsibilities that are now placed in your hands.
Permit me to quote a few words by Lewis Carroll (from the preface in Sylvie and Bruno), said in a different context but which words may be apt as to one aspect of our statutory duty, namely, to act without fear or favour:
So, my friend, as your term begins as President of this great institution, which we hold dearly and love, and which Malaysians call the Malaysian Bar, may you have strength, courage, stamina, clarity of thought and conviction in belief. Into your care I pass on the helm of the Malaysian Bar, and with it the duties and responsibilities demanded of you by the Legal Profession Act 1976.Be sure the safest rule is that we should not dare to live in any scene in which we dare not die. But, once realise what the true object is in life — that it is not pleasure, not knowledge, not even fame itself, “that last infirmity of noble minds” — but that it is the development of character, the rising to a higher, nobler, purer standard, the building–up of the perfect Man — and then, so long as we feel that this is going on, and will (we trust) go on for evermore, death has for us no terror; it is not a shadow, but a light; not an end, but a beginning!
Steven, take a deep breath and hang on to your seat for one hell of a ride.
[Christopher Leong invites Steven Thiru on stage and hands him the flag of the Malaysian Bar to symbolise the handing over of the Presidency of the Malaysian Bar to the new President.]
My brothers and sisters, it has been an honour and a privilege. The Malaysian Bar is very dear to me. As I take my leave, I salute you, the Malaysian Bar. I remain, as always, in your service and in the service of the cause of justice.
Thank you and enjoy the evening.