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Jan-Mar 2013 www.malaysianbar.org.my Chronicle of the Malaysian Bar Brand New Day PLUS The Stench of Criminal Justice CPD – Creating a Competitive Edge Blue-eyed Girl from the “Pedalaman” In collaboration with For Malaysian Bar circulation only Contents PRAXIS Contents CHRONICLE OF THE MALAYSIAN BAR President’s Message Editorial Readers’ Comments Features/Articles 6 The Malaysian Bar Interviews the Chief Justice, BAR COUNCIL MALAYSIA Tun Arifin Zakaria BAR COUNCIL 18 The Stench of Criminal Justice 15 Leboh Pasar Besar 50050 Kuala Lumpur 20 Continuing Professional Development – Creating a Competitive Tel No: (603) 2050 2050 Fax No: (603) 2026 1313 / (603) 2034 2825 / (603) 2072 5818 Edge for Malaysian Lawyers Email: [email protected] Website: http://www.malaysianbar.org.my 24 Speech by Lim Chee Wee, President of the Malaysian Bar – Opening of the Legal Year 2013 MEMBERS OF BAR COUNCIL MALAYSIA 2012/2013 Events President: Lim Chee Wee Vice-President: Christopher Leong Secretary: Tony Woon Yeow Thong 32 Siri Pemikiran Kritis Forum: Section 114A of the Treasurer: Steven Thiru Evidence Act 1950 Abdullah Hamzah | Ahmad Taufiq b Baharum | Andrew Khoo Chin Hock | Brendan Navin Siva 33 Thinking like a Business Ninja — Revenue Generation Desmond Ho Chee Cheong | Dipendra Harshad Rai | Faridah Yusoff | George Varughese Gnasegaran s/o Egamparam | Hendon Mohamed | Hon Kai Ping | Indran V Kumaraguru 34 Formula NYLC Interstate Go-Kart Challenge: K Anandaraj Krishnasamy | K Mohan K Kumaran | Kanarasan Ghandinesen | Karen Cheah Yee Lynn Kuthubul Zaman Bukhari | Low Beng Choo | M Ramachelvam | Mad Diah b Endut The “A”s Dominate the Track Murelidaran Navaratnam | Norazham Yahaya | Rajpal Singh s/o Mukhtiar Singh 36 Back-to-School Charity Drive Rao Suryana bt Abdul Rahman | Richard Wee Thiam Seng | S Gunasegaran | Sulaiman b Abdullah Syahredzan Johan | Syamsuriatina bt Ishak | Vivekanandan Periasamy 38 Bar Council Professional Standards & Wan Zainuddin Wan Musa | Yasmeen bt Hj Muhamad Shariff Development Committee 2013 Events 39 Calendar of Upcoming Events EDITORIAL BOARD Bar Council LexisNexis Lifestyle Syamsuriatina Ishak – Editor/Chairperson of Ivan Yap Min Kee – Contract Publishing Manager Publication Committee Annie Yeoh – Associate Editor Mad Diah Endut - Deputy Chairperson of Ryan Yee – Design & Production 40 Siti Z Kasim – The Blue-eyed Girl of the “Pedalaman” Publications Committee Hasnizam Mohamad – Marketing & Advertising Chua Ai Lin – Senior Officer/Assistant Editor Joe Chin – Officer/Assistant Editor Sports Nishta Jiwa & Sangheetha Kuppusamy – Marketing & Advertising State Bar News Aston Paiva, David Mathew, Hanisah Hanaffi, Janet Chai, KS Shasha & Noor Arianti Osman – Editing Team Book Review 56 Construction Law in Malaysia 60 Revenue Law in Singapore and Malaysia: Cases and Commentary, Third Edition LEXISNEXIS MALAYSIA SDN BHD T1-6, Jaya 33, 3, Jalan Semangat Seksyen 13, 46100 Petaling Jaya By the Way ... Selangor Darul Ehsan, Malaysia Tel: (603) 7882 3500, Fax: (603) 7882 3506 58 Dear El Pee See… Praxis is the official publication of Bar Council Malaysia, published quarterly in collaboration Appointments with LexisNexis Malaysia Sdn Bhd, for circulation to Members of the Malaysian Bar. Bar Council Malaysia, and its authorised authors and designers of Praxis, accept no liability for any Bar Updates/Notices loss arising from the use of, or reliance on, Praxis. Bar Council Malaysia does not warrant the accuracy of the contents thereof or any statement made by the contributors, writers or advertisers herein, 62 New Admissions to the Malaysian Bar and does not accept responsibility or liability in relation thereto. Statements of contributors, writers or advertisers herein represent their personal views and do not necessarily reflect the views of Bar 66 Summary of Circulars Council or the Malaysian Bar. All users are permitted to view the content of Praxis, without prejudice to the intellectual property rights belonging to Bar Council Malaysia. However, any unauthorised 66 General Information on Matters Discussed at reproduction, duplication, transmission or alteration, in any form or by any means, whether in part or in whole, of Praxis, is strictly prohibited. Bar Council Malaysia also prohibits the use of Praxis and all Bar Council Meetings or any of its contents herein, for commercial and/or personal gain, profit or sale. 67 Library Updates — Legislation © 2012 All rights reserved. 75 Library Updates — New Books Enquiries on advertising: 76 Disciplinary Orders Hasnizam Mohamad — [email protected] Nishta Jiwa — [email protected] Article contribution: Bar Council Malaysia welcomes letters, articles, views and news (including photographs) for possible inclusion in Praxis. However, Bar Council Malaysia reserves the right not to publish or to edit those published for content, clarity, style and space considerations. Contributions and enquiries may be directed to [email protected]. Circulation: 15,000 Cover Photo Credit: Syamsuriatina Ishak PRAXIS JAN-MAR 2013 1 President’s Message Corruption in the Legal System and Challenges of Leadership On behalf of the Bar Council, I wish all of my time in office. The first, the usual Members of the Bar a Happy and Blessed lament of any President, is that I could New Year. have done more for the Bar. The second is that I could, and should, have cajoled For the Malaysian Bar, 2012 was a year more Members, both of the Bar and of the charged with changes and controversies, Bar Council, to transform themselves from compliments and condemnations. It is sniggering sideline snipers into sworn already apparent that 2013 will see more frontline soldiers labouring in the interest of the same, and indeed much more so, of the Bar. not least because of the nation’s imminent 13th General Election. With changes of leadership imminent in the various State Bar Committees, In this message, I wish to touch on two amongst Council members and the Office issues that will remain in the spotlight Bearers, I urge Members who wish to serve after I pass the baton (but not the buck) as leaders of the Bar to do so sincerely, to the incoming President, one day after their self-perceived influence arising from with integrity, sacrifice and without self- the Ides of March. friendships or acquaintances with Judges. interest, and Members who will vote for Even if none of these situations would candidates to choose in favour of honesty, Corruption in the legal system amount to corruption, the outcome, when ability and capability, and not based upon such boasts circulate in social gatherings, friendship or favour. Our leaders must It is a truism that the vast majority of mirrors that of corruption: a loss of public make principled decisions resulting in judges and lawyers are honest, and that trust in our legal system. permanent progress and not popular it is only a few rotten apples that ruin the decisions for momentary glory. reputation of the rest. I have highlighted Of course, it is not only corruption in in the media the existence of corruption the Judiciary that we must remedy, but The Bar bids farewell to Brendan Navin in the Judiciary, and also the resolve and also corruption in the legal profession. Siva and Syamsuriatina bt Ishak as readiness of the Chief Justice, Attorney We are aware of a syndicate of rogue Council members. During their tour of General, Bar Council, and Malaysian Anti- lawyers (a small group, mercifully) who duty in faithful service for the Bar, they Corruption Commission (“MACC”) Chief brag of mastering the art of influence and were indeed sworn frontline soldiers Commissioner to rid our justice system of inducement outside the courtroom instead who epitomised Churchill’s exhortation this rot. of advocacy in the courtroom. Most such to “withhold no sacrifice, grudge no boasts may be mere puffery to trick clients toil, seek no sordid gain and fear no The most difficult task is distinguishing to pay more in legal fees. A different, but foe”. I hope that they will return to between mere so-called “Chinese in some ways even more significant, form Council sooner rather than later, and Whispers” and serious allegations of of corruption takes place where lawyers that more Council members will emulate corruption. In this context, we need bribe employees of clients to obtain legal their commitment and industry. I also Members of the Bar and the public to work. The Bar Council is working closely thank those Council members who have “withhold no sacrifice, grudge no toil, with MACC on these issues. laboured conscientiously and diligently seek no sordid gain, fear no foe”1 by during the term. stepping forward to tell us the who, what, All Members must stand up to support the when, where, why and how of corruption. Bar Council’s crusade against corruption, Finally, I pray for a better Bar, Bench and Lawyers must be careful not to cry wolf because the Bar must protect and Government in 2013. or spread unfounded rumours concerning promote the rule of law, and can never corruption. All too often, when lawyers sit idly by and watch the rise in the rule of Lim Chee Wee complain to me about corruption and I lawlessness, and the utter betrayal of the President examine the allegations more closely, the public trust. Malaysian Bar statements are nothing more than wild 29 Jan 2013 speculation. Judges (and their spouses) Challenges of leadership must be discerning about the company they 1 Winston Churchill, speaking at Chateau Laurier, keep — unethical lawyers, untrustworthy As I write this — my last message for Ottawa, in 1954. politicians and shady business people (and Praxis — in a reminiscent mood, I wish to sometimes their spouses) like to boast of share with Members the two chief regrets 2 PRAXIS JAN-MAR 2013 Editorial From the Editor’s Keyboard... Reference proceedings of our recently passed Continuing Professional Development Scheme. brethren are always a solemn but momentous affair; I dare say the celebration of the exit more Our Lifestyle section features a lawyer who works meaningful than even its entry via the Call to the closely with the Orang Asli, Miss Siti Kasim in “The Bar.