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Chronicle of the Malaysian Bar Malaysia PRAXIS PRAXIS CHRONICLE OF THE MALAYSIAN BAR MALAYSIA M A JL IS IL PE NC GU OU JANUARY / JUNE 2008 AM BAR C PLUS RPGT Exemption - Queries Answered PLUSPLUS Bar Council Secretariat achieves ConferenceConference onon DevelopingDeveloping ComprehensiveComprehensive ISO 9001:2000 Certification PolicyPolicy FrameworkFramework forfor MigrantMigrant LabourLabour National Maritime Conference StateState BarBar NewsNews Roundtable Discussion on National Unity AmendmentsAmendments toto CriminalCriminal ProcedureProcedure Code:Code: RadicalRadical oror Piecemeal?Piecemeal? UpdatesUpdates onon DisciplinaryDisciplinary MattersMatters CycloneCyclone NargisNargis - MyanmarMyanmar Editorial PRAXIS CHRONICLE OF THE MALAYSIAN BAR News 2 Conference on developing a comprehensive policy framework for migrant labour 3 Official launch of the Executive Diploma in Islamic BAR COUNCIL OF MALAYSIA Law BAR COUNCIL 5 Roger Tan barred from entering Fiji Nos 13, 15 & 17 6 LAWASIA’s letter to the Attorney General of Fiji Leboh Pasar Besar 50050 Kuala Lumpur 7 IRB Ruling - Recognition of Income Subject to Tax: Malaysia Update Telephone (03) 2031 3003 Fax (03) 2026 1313, 2034 2825, 2072 5818 8 Nepal - Constituent Assembly Elections on 10/4/08 e-mail: [email protected] - Nepal Election Observation Committee Website: www.malaysianbar.org.my 8 Re : Tibetan Protest BAR COUNCIL 2007/2008 9 LAWASIA Statement on the Detention of Hindraf President Ambiga Sreenevasan Vice President Ragunath Kesavan Leaders Under Isa in Malaysia Secretary Lim Chee Wee 10 Book Review - Nose Dive – The Crippling of Justice Treasurer George Varughese Yeo Yang Poh, Datuk Haji Kuthubul Zaman Bukhari, Hendon Mohamed, Hj Vazeer Alam Mydin State Bar News Meera, Dato’ Muhammad Shafee bin Md Abdullah, 13 Little change to 4 State line-ups Edmund Bon, Cecil Rajendra, Low Beng Choo, Christopher Leong, Roger Tan Kor Mee, K Mohan 13 Pahang Bar passes ISA motion a/l K Kumaran, Loh Wann Yuan, G Balakrishnan, R Subramaniam, Dato’ Hj Sukri bin Haji Mohamed, 14 Changes at Perak Bar leadership, Malacca Bar Hj Aziz Bin Haniff, Ravindra Kumar, Steven leadership unchanged Thiruneelakandan, Ng Kong Peng, R R Chelvarajah, Tee Kim Chan, Pretam Singh, Syed 15 Poh Teik elected as Johor Bar’s Rep Azimal Amir bin Syed Abu Bakar, Hj Mohamed 15 Selangor Bar gets a new Chair Sazali Abd Aziz, Lalitha Menon, Dato’ V Sithambaram, Ngan Siong Hing, Shan Theivanthiran, R V Lingam, Anuwar bin Mohd, Comment Hj Asmadi bin Awang, Yasmeen Hj Muhamad Shariff 16 An Open Letter - Appeal for a better Parliament Publications Committee 17 Fulfilling the nomination process R Subramaniam (Chairman), K Shanmuga (Deputy Chairman), Cecil Rajendra, Colin Andrew Pereira, 18 Judicial Commission Edmund Bon, S Gunasegaran, Sanjeev Kumar 19 Why I was arrested Rasiah, Tan Ban Cheng , PK Yang, Nicole Tan Lee Koon, Jahaberdeen Mohamed Yunoos, Avtaran 21 The Internal Security Act 1960: A throwback to the Singh, Anita Shukla, Dymphna Lanjuran, Megalai V era of tyranny Raman 22 Court Jesters Secretariat Chief Executive Officer: Corrinne Wong Directors: Cindy Chan and Rajen Devaraj Committee Publication Executive 23 Penang Bar votes against having Young Lawyers Salina Lim Abdullah Tel: +603 2031 3003 extn 189 Committee Fax: + 603 2032 2043 [email protected] Human Writes Advertisement Executive Chandrika Bhaskaran 25 POST MORTEM on Festival of Rights themed “As I Tel: +603 2031 3003 extn 192 DL: + 603 2031 3180 Believe: Freedom of Expression through Art, Music, Fax: + 603 2026 1313 Culture and Conscience” – Sunday 9th December [email protected] 2006 Design & Layout: Khairul Anuar / Norazaliza Azlin Article Praxis is the chronicle of the Malaysian Bar, 28 Amendments to the Criminal Procedure Code: published bi-monthly by the Bar Council of Malaysia. Radical or Piecemeal Legislation? Contribution: The Bar Council welcomes letters, 37 A self-insured fund - Our next step? articles, views and news (including photographs) for possible inclusion in the publication. However, the Bar Council reserves the right not to publish them or to edit those published as regards content, Speeches clarity, style and space considerations. 40 Ethics Course Luncheon Speech by Articles from individuals that are published here Ms. Sitpah Selvaratnam contain the personal views of the writers concerned and are not necessarily the views of the Bar 42 Ethics Course Luncheon Speech by Mr Lim Kian Council. Contributions and enquiries should be directed to [email protected] Leong Disciplinary Oders 45 Disciplinary Matters – Updates Certificate No: 22470 MAY / JUNE_2007 PRAXIS 1 News Conference on developing a comprehensive policy framework for migrant labour by M. Moganambal one and a half day Conference international phenomenon and that in the migrant workers was founded on the Aentitled “Developing a Comprehensive region, Malaysia had the highest ratio of principle of equality before the law as Policy Framework for Migrant Labour” was migrants in its workforce. He added that provided for in Article 8 of the Federal jointly organised by the Malaysian Bar migrants and their families today Constitution. The Bar Council’s Legal Aid Council and the International Labour constituted the third largest community Committee had always worked together Organisation (ILO). in Malaysia. He noted that despite the with various stakeholders i.e. Tenaganita, huge presence of migrant labour in the AWAM, WAO and other NGOs, in Representatives from the judiciary, country, the Malaysian government did providing legal assistance to migrant government ministries and departments, not have in place a comprehensive policy workers. foreign missions and civil society including framework to deal with migrant labour. representative from trade unions and The purpose of the Conference was to He pointed out that Malaysia did not have employers’ organisations attend the address the absence of proper regulatory a good track record in dealing with Conference which took place on 18 and mechanisms in the whole process of migrants, though he said that some of this 19 February 2008. recruitment, placement and employment might have more to do with problems of of migrant workers as well as to deal with implementation than policy. Some of the Dato’ Ramachelvam, the Chairman of the the gaps in existing policy with a view to problems faced by the migrants included Ad Hoc Committee on the Immigration developing a comprehensive policy profiling, stereotyping, and the absence Act, began the Conference by thanking framework for migrant labour. of a policy to prevent migrant workers from all the speakers and participants for taking being exploited. He urged the participants the time to attend the Conference. Ragunath Kesavan, the Vice President of of the Conference to discuss ways to resolve the Malaysian Bar, in his welcome speech He said that migration was an said that the Bar Council’s policy on continued on page 4 PRAXIS 2 JANUARY / JUNE_2008 News Official launch of the Executive Diploma in Islamic Law by Linda Tey (Executive Officer) The Official launch of the Executive Diploma in Islamic Law (Islamic Banking And Finance) - A Collaboration between the International Islamic University Malaysia and the Bar Council he International Islamic University will continue to expand parallel with Professor Dato’ Dr. Sano further said that Tand the Bar Council launched the conventional banking. By 2010, the in the 2007 budget, the government has Executive Diploma in Islamic Law (Islamic Islamic banking industry is expected to once again emphasised the development Banking and Finance) programme on 15 constitute 20% of the overall banking and of Islamic banking in Malaysia. This was February 2007. The launch was attended insurance market. under the Accelerating the Development by Mr. Steven Thiru, Puan Hendon of Islamic Finance initiative. This shows Mohamed and En. Rashid Ismail of the Professor Dato’ Dr. Sano also said that the that Malaysia has progressed significantly Professional Standards and Development government intends to develop Malaysia in the development of Islamic financial Committee of the Bar Council and as a Global Islamic Financial Hub which services, especially in terms of the size of Professor Dato’ Dr. Sano Koutoub will serve as a platform for the origination, investments, efficiency in services, Moustapha, Assoc. Professor Dr. Haji Azmi issuance and trading of Islamic capital diversity of products, well-developed Bin Haji Harun and Professor Dato’ Dr. market and treasury instruments, for fund infrastructure and an increase in the Zaleha Kamarudin of IIUM. and wealth management, offshore Islamic number of institutions. According to him, financial services market as well as takaful Malaysia is the country that issued the first Professor Dato’ Dr. Sano, the Deputy and retafakul business. This will be global sukuk in 2002 which attracted Rector of IIUM said that under the 9th complemented by the formation of centers investors especially from West Asia and we Malaysian Plan the government has of excellence for education, training, are also the first to issue the ringgit- emphasised the importance of Islamic consultancy and research in Islamic denominated Islamic bonds, namely the banking in Malaysia. The government banking and finance. International Finance Corporation. hopes that the Islamic banking industry JANUARY / JUNE_2008 PRAXIS 3 News Mr. Steven Thiru, the Chairman of the Negara Malaysia. The Bar Council is also enhance student’s knowledge on PSDC, said that in line with the
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