Praxis SE-0707.Indd

CONTENTS

EDITOR’S NOTE PRESIDENT'S MESSAGE PRESS RELEASES FROM THE BAR FEATURES/ARTICLES 23 Opening of the Legal Year 2015 26 The Oﬃ ce of the President of the Malaysian Bar 36 Interview with Christopher Leong, 30th President of the Malaysian Bar 42 Citation for Dr Radhakrishna Ramani, Recipient of the Malaysian Bar Lifetime Achievement Award 2015 45 Dr Radhakrishna Ramani: A Lifetime of Achievement EVENTS 55 69 th Annual General Meeting of the Malaysian Bar, Renaissance Kuala Lumpur Hotel (14 Mar 2015) 58 Malaysian Bar Annual Dinner and Dance 2015 (14 Mar 2015) 36 60 LEXPO Rocks Dataran Undergrnd (28 Feb 2015) 63 46th Malaysia/Singapore Bench and Bar Games 2015, Singapore (30 Apr to 2 May 2015) LIFESTYLE 64 Netting the Ball CASE NOTES — HIGHLIGHTS FROM THE FEDERAL COURT STATE BAR NEWS ELEVATION OF JUDGES NEWS 45 CONTINUING PROFESSIONAL DEVELOPMENT BAR UPDATES/NOTICES 85 New Admissions to the Malaysian Bar 88 List of Departed Members 88 Notice Regarding Bar Circulars and E-Blasts 89 Summary of Circulars 90 General Information on Matters Discussed at Bar Council Meetings 90 List Of Struck Oﬀ Members Wherein Appeal/Reinstatement Allowed 91 Notice Regarding Documents in Bar Council's Custody: Legal Firms in which Bar Council has Intervened 91 Library Update 70 99 Disciplinary Orders

JAN-JUN 2015 | PRAXIS 1 COVER STORY

BAR COUNCIL MALAYSIA

Bar Council 15 Leboh Pasar Besar 50050 Kuala Lumpur Tel No: (603) 2050 2050 Fax No: (603) 2026 1313 / (603) 2034 2825 / (603) 2072 5818 Email: [email protected] Website: http://www.malaysianbar.org.my

MEMBERS OF BAR COUNCIL MALAYSIA 2015/2016

President : Steven Thiruneelakandan Vice-President : George Varughese Secretary : Karen Cheah Yee Lynn Treasurer : Abdul Fareed Abdul Gafoor

MEMBERS OF THE BAR COUNCIL PUBLICATIONS COMMITTEE 2014/2015

Raphael Tay (Chairperson), Aston Paiva, David Mathew, Gregory Vinesh Das, Janet Chai, KN Geetha, KS Shasha, Mariette Peters, Noor Arianti Osman, Alicia Tan EDITORIAL BOARD COVER STORY Bar Council Raphael Tay – Editor-in-Chief Baizura Abd Razak, Joane Sharmila – Editors The Oﬃ ce of the President of the Malaysian Bar is a digniﬁ ed position, Nishta Jiwa, Sangheetha Kuppusamy – Marketing & Advertising

LexisNexis and one of great signiﬁ cance. Nonetheless, beneath the limelight this Amitabh Srivastava – Commercial Director, Southeast Asia Annie Yeoh – Managing Editor, Southeast Asia position brings, it is demanding and bears great responsibility, not only Jasmine Halili – Senior Legal Editor Mohd Khairil Johari – Design & Production to Members of the Malaysian Bar, but also to the public.

This commemorative President's issue provides an in-depth look into LexisNexis Malaysia Sdn Bhd how the Oﬃ ce of the President is managed, how each President views T1-6, Jaya 33, 3, Jalan Semangat Seksyen 13, 46100 Petaling Jaya Selangor Darul Ehsan, Malaysia his/her time in oﬃ ce, and his/her contributions as President. Readers Tel: (603) 7882 3500, Fax: (603) 7882 3506 are in for a treat, as past Presidents — Ambiga Sreenevasan, Yeo Yang Praxis is the official publication of Bar Council Malaysia, published quarterly in collaboration with LexisNexis Malaysia Sdn Bhd, for circulation to Members of the Malaysian Bar. Poh, Mah Weng Kwai — are featured in the article. Furthermore, Bar Council Malaysia, and its authorised authors and designers of Praxis, accept no liability for any loss arising from the use of, or reliance on, Praxis. Bar Council Malaysia does not readers will get an inside look at the many tasks the President of the warrant the accuracy of the contents thereof or any statement made by the contributors, writers or advertisers herein, and does not accept responsibility or liability in relation thereto. Malaysian Bar is expected to undertake. Read the full story on page 26. Statements of contributors, writers or advertisers herein represent their personal views and do not necessarily reflect the views of Bar 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 reproduction, duplication, transmission or alteration, in any form or by any means, whether in part or in whole, of Praxis, There’s more: Most Members of the Bar would only know Christopher is strictly prohibited. Bar Council Malaysia also prohibits the use of Praxis and all or any of its contents herein, for commercial and/or personal gain, profit or sale. Leong as the President who chaired the longest Annual General Meeting © 2015 All rights reserved in recent times! But get to know the other side of him as he reveals his Enquiries on advertising: Kajendran Arumugam — [email protected] early years, his education, and his journey into law, in an Interview with Nishta Jiwa — [email protected] Christopher Leong, 30th President of the Malaysian Bar, on page 36. 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]. This issue, we also feature the late Dr Radhakrishna Ramani: A Circulation: 17,500 Lifetime of Achievement. It is remarkable that the Malaysian Bar Printed in Malaysia by Atlas Cetak (M) Sdn Bhd (97608-X) Wisma Atlas, No.2, Persiaran Industri had been graced by such unusual genius, a lawyer and diplomat par Bandar Sri Damansara, 52200 Kuala Lumpur, Malaysia excellence, wholly dedicated to serving the profession and the nation. Tel: (603) 6273 3333, Fax: (603) 6073 3833 Read more on page 45.

Read these and more in this issue of Praxis!

2 PRAXIS | JAN-JUN 2015 EDITOR’S NOTE From the Editor´s Keyboard

we subscribe to and the purpose of our President Christopher Leong stood resolute existence. The easy route is to pander in the course of the lengthy proceedings to popular opinion, which may bring until the end — even when the motions instant gratifi cation but have undesirable being debated were directly disparaging of consequences in the long term. The harder him, and accompanied by vitriolic outbursts. route is to make sound decisions that, The manner in which he conducted himself although unpopular with the masses, are will surely go down in history as one of the those which are optimum in the long run. fi ner moments of Bar leadership, if not any The latter is based on principles; the former leadership. on political expediency. The current President, Steven Thiru, Leadership is also about being open to continues this noble tradition of defending new ideas and the ability to listen. The the rule of law and the principles of immortal words of Voltaire — “I do not democratic governance. Early on in his agree with what you have to say, but I’ll Presidency, Steven’s plate has already defend to the death your right to say it” — been overfl owing with a plethora of issues is a gold standard to which every leader of concern, including the abuse by police must aspire. On this point, the present of their investigative powers, the arrest of The Importance of Sound and Government’s continued usage, and recent individuals exercising their right to peaceful Sensible Leadership enhancement of the ambit and power of the assembly, the passage of the Prevention Sedition Act 1948 reveals the Government’s of Terrorism Act 2015 and amendments to hen a country obtains independence inability and refusal to listen to dissent and the Sedition Act 1948, and most recently, Wfrom its colonial power, the country criticism. This is a move that is repugnant the saga of the boat people off our shores, is shrouded in a veil of uncertainty. While in a democracy, and demonstrates that the and the discovery of mass graves as well as there is the promise of autonomy and the Government is taking the convenient route “death camps” in Perlis near the border with power to chart its own future, a paternal of silencing dissent instead of engaging with Thailand. The sterling leadership qualities hand that has always had a fi rm grasp on the dissenters. that Steven has demonstrated will ensure the administrative aff airs is absent. that the Malaysian Bar stays true to its One must not forget that a true leader is one course. Questions abound about the country’s who sticks to his/her principles, no matter social, economic, military and foreign aff airs the cost. Principles are critical, because they Then again, the Malaysian Bar has never policies. Key decisions must be made, embody your true colours and core values. lacked outstanding leadership. Among the with costs and benefi ts carefully weighed. Principles also allow for some measure of most notable who have helmed the Bar, In this time of hope, and yet of uncertainty, predictability and consistency in making surely Dr Radhakrishna Ramani must be the role of government in its stewardship of decisions, which would reassure and give inducted in a Malaysian Bar Hall of Fame, if the nation is most direly felt. In such times, comfort to those under the leadership. there were one. His was the fi nest example leadership is the most important quality that More importantly, principles should never of integrity, intellect, acumen, and morality. the people look to for inspiration to lift us be sacrifi ced for the sake of expediency. Ramani served in many capacities, from the depths of turmoil to great heights. including as a lawyer, President of the Bar, In this respect, the Malaysian Bar has and Chairman of the Malayan Branch of Malaysia has been in the position described. shown remarkable resolve and resilience the International Commission of Jurists. Pre- and post-independence, it had to in standing by its principles — it has He attained the peak of his career when he suppress an internal Communist insurgency, been unwavering in upholding the rule of was appointed by Tunku Abdul Rahman, and overcome racial division and economic law, defending the Federal Constitution, the fi rst Prime Minister of Malaya, and malaise. We succeeded in defeating the protecting the independence of the then Malaysia, as Permanent Head of the Communists, prevented another May 13, Judiciary, and championing human rights Malaysian delegation at the United Nations and our economy has never collapsed, and the public interest. in 1963, and in 1965, he served as President because of sound and sensible leadership of the United Nations Security Council. It demonstrated by our past leaders. The Malaysian Bar has consistently is such individuals who have elevated the produced leaders who do not toe the line name of Malaysia, and the Malaysian Bar, Fast-forward to today’s situation — we according to populist ideas and policies. within the international community. This is seem to take for granted what the value Instead, the Presidents of the Malaysian one of the hallmarks of true leadership. of unshakeable leadership is actually Bar have unfailingly spoken out against any worth. Undoubtedly, Malaysia is much form of abuse of power. Raja Aziz Addruse At the end of the day, leaders are proven by more developed and stable in terms of its and Ambiga Sreenevasan, to name but a their actions, and not mere rhetoric. If one economy and infrastructure, than when she few frontrunners, stuck by the Bar’s core wishes to be identifi ed as a true leader, he/ was a much younger country. However, the positions even in times of crisis, refusing she must abide by the principle of “doing political landscape of our nation seems to to acquiesce in decisions or proposals the right thing, for the right reason, and with be heading in an unsavoury direction. that were pernicious to Members and to the right attitude”. the nation. In fact, who could forget the Being a leader involves making decisions. th memorable episode where, at the 69 Raphael Tay Decisions are choices involving values Annual General Meeting (“AGM”) of the Editor-in-Chief which we stand for, the ethical standards Malaysian Bar held on 14 Mar 2015, then-

JAN-JUN 2015 | PRAXIS 3 BAR COUNCIL MEMBERS Bar Council Members for the 2015/2016 Term

In the ﬁ rst Bar Council meeting held immediately after the Annual General Meeting, the following Oﬃ ce Bearers were elected for the 2015/2016 term:

(1) Steven Thiruneelakandan (President, Malaysian Bar) (2) George Varughese (Vice-President, Malaysian Bar) (3) Karen Cheah Yee Lynn (Secretary, Malaysian Bar; Malacca Bar Representative on the Bar Council) (4) Abdul Fareed Abdul Gafoor (Treasurer, Malaysian Bar; Penang Bar Representative on the Bar Council) (5) Andrew Khoo Chin Hock (6) Brendan Navin Siva (7) Christopher Leong (immediate past President) (8) Hendon Mohamed (9) Honey Tan Lay Ean (10) Kuthubul Zaman Bukhari (11) Low Beng Choo (12) Ravi Nekoo (13) Richard Wee Thiam Seng (14) Roger Chan Weng Keng (15) Sulaiman Abdullah (16) Syahredzan Johan (17) R Jayabalan (Chairman, Johore Bar Committee) (18) S Gunasegaran (Johore Bar Representative on the Bar Council) (19) Burhanudeen Abdul Wahid (Chairman, Kedah Bar Committee) (20) Victor Paul Dorai Raj (Kedah Bar Representative on the Bar Council) (21) Norazham Yahaya (Chairman, Kelantan Bar Committee) (22) Mudzafar Shah Mohd (Kelantan Bar Representative on the Bar Council) (23) Ravinder Singh Dhalliwal (Chairman, Kuala Lumpur Bar Committee) (24) Jeremiah R Gurusamy (Kuala Lumpur Bar Representative on the Bar Council) (25) Desmond Ho Chee Cheong (Chairman, Malacca Bar Committee) (26) Joseph Mathews PM Mathews (Chairman, Negeri Sembilan Bar Committee) (27) Thavamani Subramaniam (Negeri Sembilan Bar Representative on the Bar Council) (28) Sarengapani K Rajoo (Chairman, Pahang Bar Committee) (29) Abdullah Johari Hamzah (Pahang Bar Representative on the Bar Council) (30) Shyama MM Narayanan Nair (Chairman, Penang Bar Committee) (31) Kenny Lai Choe Ken (Chairman, Perak Bar Committee) (32) Surindar Singh Chain Singh (Perak Bar Representative on the Bar Council) (33) Ahmad Zaini Samsudin (Chairman, Perlis Bar Committee) (34) Siti Hajar Che Ahmad (Perlis Bar Representative on the Bar Council) (35) Salim Bashir Bhaskaran (Chairman, Selangor Bar Committee) (36) Rajpal Singh Mukhtiar Singh (Selangor Bar Representative on the Bar Council) (37) Rosnah Zakaria (Chairman,Terengganu Bar Committee) (38) Salwa Mansor (Terengganu Bar Representative on the Bar Council)

For more information about these Members, such as the ﬁ rms they practise at, please refer to: http://www.malaysianbar.org.my/bar_council_members.html

Click on the individual names to get the information you need.

4 PRAXIS | JAN-JUN 2015 PRESIDENT’S MESSAGE

Upholding the Rule of Law

Dear Members of the Malaysian Bar, democracy and the gold standard for able to challenge the government to good governance. In Malaysia, the assert rights, including human rights, Rule of law and Rule by law legacy of the Magna Carta is refl ected the rule of law would be absent.7 This in the landmark Federal Court case of is fundamental to distinguish the rule 10 June 2015 marked the 800th Sri Lempah Enterprise where Raja Azlan of law from rule by law, which are laws anniversary of the sealing of the Magna Shah FJ (as he then was) said: however unjust and oppressive that may Carta. It is a document that heralded be passed by Parliament. the demise of the divine rule of kings in Unfettered discretion is a England. The Magna Carta emphatically contradiction in terms ... Every The rule of law has evolved into the declared, inter alia, that: legal power must have legal limits, cornerstone of the administration of otherwise there is dictatorship ... justice the world over. As Soli Sorabjee, 39. No free man shall be seized or In other words, every discretion the former Attorney General of India, imprisoned, or stripped of his rights cannot be free from legal restraint; said: or possessions, or outlawed or where it is wrongly exercised, it exiled, or deprived of his standing in becomes the duty of the courts to It needs to be emphasized that any other way, nor will we proceed intervene. The courts are the only there is nothing Western or Eastern with force against him, or send defence of the liberty of the subject or Northern or Southern about others to do so, except by the lawful against departmental aggression.3 the underlying principle of the judgment of his equals or by the law rule of law. It has a global reach of the land. Today, the Magna Carta is widely regarded and dimension. The rule of law as being “the proclamation of the rule of symbolizes the quest … to combine 40. To no one will we sell, to no one law”.4 In this regard, it is now accepted that degree of liberty without which deny or delay right or justice. that the ingredients of the rule of law are the law is tyranny with that degree of that the law be accessible, clear and law without which liberty becomes The Magna Carta is a remarkable predictable; that matters are decided license. In the words of the great document. It was revolutionary. The by law and not normally by discretion; Justice Vivien Bose of [the Indian] recognition of fundamental liberties, that there is equality before the law; Supreme Court, the rule of law “is which included the guarantee of access that power be exercised lawfully, fairly the heritage of all mankind because to justice and the right to a fair trial, was and reasonably; that human rights are its underlying rationale is belief in … novel in the 13th century. The Magna protected; that disputes are resolved the human dignity of all individuals Carta also cemented the concept of the without undue cost or delay; that trials be anywhere in the world”.6 supremacy of the law of the land over fair; and, fi nally that the state complies executive power. As Lord Bingham with its obligations in international law It is ironic then that even as the Magna observed, one of the most enduring as well as national law.5 Carta is celebrated and extolled, the aspects of the Magna Carta is the lesson rule of law in Malaysia is today in peril, that “… no power is absolute; that all There are therefore four critical features perhaps as never before in our history power, however elevated, is subject to the rule of law: legality, certainty, as a nation. In the past fi ve months of to constraint”; as was to be said by Dr equality and access to justice and 2015, we have seen crippling assaults Thomas Fuller some centuries later, rights.6 The last of these features on the rule of law. There are widespread “Be you never so high, the law is above enables individuals to challenge concerns that Malaysia is steadily you.” 1 decisions made by the executives with eschewing the rule of law and tilting a reasonable prospect of success in towards rule by law. The Magna Carta has enjoyed universal an appropriate case. Thus, whatever acclaim. It has become the foundation degree of legality and legal certainty of written constitutions,2 the basis for there may be, if an individual is not

JAN-JUN 2015 | PRAXIS 5 PRESIDENT’S MESSAGE

Misuse of Arrest and investigative powers is inimical to the wide discretionary powers of arrest of Investigative Powers by the right to life and liberty guaranteed by suspects and allows for the detention of Police Article 5 of the Federal Constitution, and suspects up to 60 days for investigation the rights to freedom of speech, freedom purposes. The court [the Magistrate] As at 30 May 2015, about 200 persons of association and freedom of assembly grants the investigative detention have been arrested for various alleged enshrined in Article 10 of the Federal orders at the dictates of the police or off ences under the Sedition Act 1948, Constitution. These constitutional deputy public prosecutor, and is thus Peaceful Assembly Act 2012, Penal liberties are founded on the rule of law reduced to a mere rubber stamp in the Code, and Communications and and cannot be ignored by the police investigative detention process. POTA Multimedia Act 1998. They include with impunity. creates a charade of judicial scrutiny members of Parliament, politicians, over the investigative detention. The social activists, journalists, students, Prevention of Terrorism Act 2015 investigative authority (known as the minors and Members of the Malaysian — The Revival of the ISA? “inquiry offi cer”) has enormous powers Bar. The reasons of their arrest have to investigate and gather evidence been questionable and the conduct of We then saw the Prevention of Terrorism against suspects, including evidence the police leaves much to be desired. Act 2015 (“POTA”) rushed through the that would otherwise be inadmissible in Dewan Rakyat and passed in the early law. In other words, evidence obtained The police have grossly misconstrued hours of 7 Apr 2015. There was barely by duress, undue infl uence or other their powers under our laws — such 14 hours of debate on this draconian forms of compulsion could be used as the Criminal Procedure Code — law that purports to deal with counter- adversely against the suspect. and have exercised these powers in a terrorism, which is an intractable and repressive manner. It has been reported complex matter. POTA was subsequently POTA restricts or denies legal that the police employed heavy-handed passed by the Dewan Negara on 24 Apr representation to suspects, except tactics, openly displayed weaponry and 2015 despite concerns over the undue when the suspect’s evidence is used disproportionate force in eff ecting haste in which the Dewan Rakyat dealt recorded. It is important to note that arrest.7 In some cases, the arrest has with it. POTA denies the suspect the right to been preceded with, or followed by, be represented before the POTA Board, intrusive raids by the police of the POTA is clearly an attempt by the which is the administrative body that workplace of suspects, or premises Government to resurrect the Internal can order the suspect to be detained of third parties.8 There have also been Security Act 1960 (“ISA”) as well as without trial for up to two years (or order allegations that the police have denied the Restricted Residence Act 1933, restrictive residence of up to fi ve years), or delayed suspects their constitutional Banishment Act 1959, and Emergency with indeterminate extensions. The right to legal representation upon arrest.9 (Public Order and Prevention of Crime) detention order or restricted residence Ordinance 1969. It may be recalled that order is based purely only on the report The police have also unjustifi ably these legislation were repealed in 2012. of the inquiry offi cer. The suspect is not detained suspects overnight and given the right to disabuse or challenge unnecessarily sought remand orders The concern that POTA is a revival of this critical report prepared by the for extended periods of detention. the ISA is borne out by the fact that we inquiry offi cer. The overnight detention of suspects already have suffi cient laws to deal with and extended remand orders without the threat of terrorism.10 These are found The POTA Board is appointed by, any basis would only serve to terrorise in the Penal Code and Security Off ences and may be removed by the Yang di- suspects, and is deplorable. (Special Measures) Act 2012 (“SOSMA”). Pertuan Agong (who would act on the POTA has therefore clearly been passed advice of the Executive, here Minister of It is trite that investigative powers to restore detention without trial, as Home Aff airs). The Board is headed by possessed by the police cannot be used previously under the ISA, and to target someone who need not be a judge or to arrest or detain suspects, or to seek persons other than terrorists, which was a retired judge or even a person who is remand orders, only for the purpose also the case with the ISA. eligible to be a judge. The POTA Board of gathering evidence. Further, the is therefore, for all intents and purposes, detention of suspects overnight should Phil Robertson, Deputy Director of an Executive-appointed, and Executive only be to investigate based on evidence Human Rights Watch Asia Division, controlled-body that lacks autonomy or that the police have already gathered has described POTA as “... a legal independence. and a remand order should only be zombie returned from the grave of the sought to complete investigations, discredited and abusive Internal Security Critically, POTA exhaustively ousts all where there is a risk that the individual Act. By proposing this legislation, the forms of judicial review of the detention may tamper with evidence, or where the Malaysian government is signaling its order and the restrictive residence order. individual is likely to be a fl ight risk. The willingness to return to Malaysia’s past In this regard, it contains an ouster use of investigative powers to detain policies of repression.”11 clause that is a reincarnation of section suspects under any other circumstances 88B of the ISA. Thus, POTA, like the ISA, is a blatant abuse of police powers and POTA is abhorrent as it is uncertain places administrative detention without should be seen as an act of intimidation, in its scope and in its sweep, POTA trial and restrictive residence orders harassment and oppression. could apply to almost any citizen of beyond the pale of judicial scrutiny. this country. It does not clearly defi ne The misuse by the police of their a “terrorist”. POTA gives the police POTA bypasses and sidelines the

6 PRAXIS | JAN-JUN 2015 PRESIDENT’S MESSAGE

Judiciary, drastically impinges on amendments are possibly unparalleled titled “Amendments to the Sedition Act the independence of the Bar and in any democracy. 1948 are Draconian, Militate Against the is a threat to the civil liberties of all Freedom of Speech and Expression, citizens of Malaysia. Thus, POTA For sedition committed by way of and Interfere with the Independence of ignores due process, infringes upon our publication in electronic media, a the Judiciary”.13 constitutional rights, and is repugnant to prohibition order may be issued requiring the rule of law. the person making or circulating the On 23 Apr 2015, the three Bars wrote seditious publication to remove the to the President of the Dewan Negara Amendments to the Sedition Act off ending publication. Thus, if a person to express our reservations over POTA 1948 posted a Facebook update, the order and the amendments to the Sedition Act will require the person to delete the 1948, where we jointly urged the Dewan The amendments to the Sedition Act Facebook post. Negara to reject these laws.14 1948 were passed by the Dewan Rakyat on 10 Apr 2015 and by the Dewan What is more worrying is that the person The Bar Council has now embarked on Negara on 28 Apr 2015. This represents making or circulating the seditious a campaign to uphold, strengthen and a complete and unabashed reneging of publication would also be prohibited preserve the rule of law in the face of the promise made by the Government from accessing any electronic device. the passing of the abovementioned on 11 July 2012 that the Sedition Act Thus, if a person were to tweet oppressive laws. With the support of 1948 would be repealed and replaced something seditious and the Sessions the State Bar Committees, a series of by a proposed National Harmony Act. Court issues a prohibition order against forums have been organised to brief the person, the person would then be Members of the Bar and the public The Sedition Act 1948 is an archaic prohibited from using a smartphone, on POTA and the amendments to the colonial law that was designed to stifl e tablet, computer and any other Sedition Act 1948. Our goal is to create dissent and seriously curtail the freedom electronic device. Such a prohibition awareness of these laws and how they of speech. It is a law that appears to order would have grave ramifi cations to aff ect the independence of the Judiciary, have received a new lease of life after it a person’s ability to communicate, seek the independence of the Bar and civil was slated for repeal by the Government. education or seek employment. liberties in Malaysia. Today we are faced with an amended version of the law that is far more drastic Judicial discretion in sentencing has To date, public forums have been held and oppressive. been removed by the new minimum in Johor Bahru, Kota Bharu, Kuala sentencing regime for sedition, and Lumpur, Malacca and Seremban. The amendments to the Sedition Act further in meting out the sentence, More forums will be held in Alor Setar, 1948 reinforce the concern that the limits Judges are also prevented from taking Kuantan, Penang, Shah Alam and to freedom of speech and expression into account fundamental factors Taiping. In addition, the State Bars in in Malaysia is today to be determined such as fi rst-time off enders or young each of the aforementioned states will by those who are not open to adverse off enders, and the possibility of organise public forums in other towns comments or contrary ideas, or who are conditional discharge or binding over. in their state so that awareness of these easily off ended or angered. This nurtures There is provision for restriction in travel oppressive laws would reach the less an environment of intemperance and that the court orders on the application urban areas. intolerance, and is inimical to maturity of the public prosecutor. and progress in our society. The response to the public forums that The amendments to the Sedition Act have been held, thus far, has been very Despite the amendments, the off ence 1948 create a climate of fear and will encouraging. Many of the attendees of sedition remains ill-defi ned and open have the eff ect of imprisoning thought, have provided feedback expressing to abuse. Intention or the motive of the speech and expression. It renders our their shock and concern that such suspect is still irrelevant and is not a constitutional right to free speech and oppressive laws have been introduced defense to the charge. Thus, sedition expression illusory. The erosion of in Malaysia, and have expressed fears remains a strict liability off ence. Oral judicial discretion is a serious blow to over the ramifi cations of these laws. sedition need not be corroborated and the independence of the judiciary, which therefore the off ence can be prosecuted is an essential element of the rule of law. In addition, production is underway to on the mere say-so of one accuser. shoot short, entertaining and educational The Rule of Law Campaign videos on POTA and the Sedition Act The sentence of a fi ne has been 1948, with subtitles in Bahasa Malaysia, abolished. Upon conviction, a person On 10 Apr 2015, the Malaysian Bar, the English, Mandarin and Tamil, which will will now face a minimum 3 years’ Advocates’ Association of Sarawak and be uploaded on YouTube so as to reach imprisonment and a maximum of 7 the Sabah Law Association issued a joint a mass audience. years’ imprisonment, and in cases of statement on POTA titled “Detention “aggravated sedition” a minimum of 3 Without Trial is Oppressive and Unjust, The Malaysian Bar has also received years’ imprisonment and a maximum of and Violates the Rule of Law”.12 letters of support for our rule of law 20 years’ imprisonment. The elements initiative from law societies and bar of the “aggravated sedition” are tenuous On 17 Apr 2015, the three Bars associations from around the world, and easily open to abuse. In all, insofar issued another joint statement on the including the Australian Bar Association, as speech off ences are concerned, these amendments to the Sedition Act 1948 Bar Association of Sri Lanka,

JAN-JUN 2015 | PRAXIS 7 PRESIDENT’S MESSAGE

French National Bar Council, Union newly-discovered or acquired lands or of the Dewan Negara, http://www. Internationale des Avocats and Union of territories.” malaysianbar.org.my/bar_news/berita_ Turkish Bar Associations. 5 Je ff rey Jowell, The Rule of Law: A badan_peguam/joint_open_letter_to_ Practical and Universal Concept, Rule of the_president_of_the_dewan_negara. html (Accessed on 23 June 2015). Conclusion Law Symposium 2014 (The Importance of the Rule of Law in Promoting 15 Section 42(1)(a) of the Legal Profession Development), Academy Publishing Act 1976. I urge all Members of the Bar to join (Singapore Academy of Law), p. 3. 16 President of the Supreme Court of the the Bar Council’s eff ort to uphold, 6 Je ff rey Jowell, The Rule of Law: A United Kingdom, speaking on “The strengthen and preserve the rule of law Practical and Universal Concept, Rule of Future of the Bar” at the Conference of in Malaysia. It is, after all, the mandate Law Symposium 2014 (The Importance the Bar Councils of Northern Ireland and of the Malaysian Bar to “uphold the of the Rule of Law in Promoting Ireland in Belfast on 20 June 2014. cause of justice without regard to its Development), Academy Publishing own interest or that of its members, (Singapore Academy of Law), p. 4. uninfl uenced by fear or favour”.15 7 Malay Mail Online, “At 3am, cops haul in Shah Alam MP for #KitaLawan rally”, Know Your President We cannot be bystanders when the rule of http://www.themalaymailonline.com/ malaysia/article/at-3am-cops-haul- Steven Thiru was born in Kuala law is trampled, distorted and ultimately in-shah-alam-mp-for-kitalawan-rally Lumpur, but spent most of his growing ignored in our land. In this regard, I (Accessed on 23 June 2015). years in Klang. His father served commend to you the timely reminder 8 The Malaysian Insider, “Police arrest as the manager of the engineering by Lord Neuberger that “ … legal TMI editors over hudud report”, 30 Mar department in a private company, practice has an important context not 2015, http://www.themalaysianinsider. while his mother was a housewife. shared by other occupations. Lawyers com/malaysia/article/police-arrest- have a special position in society not tmi-editors-over-hudud-report#sthash. Here are some quick facts about the because they are loved or because they VPxFcKp3.dpbs (Accessed on 23 June President: are particularly admirable people, but 2015). Education because they are responsible for the 9 The Malaysian Insider, “2 MPs among • LL.B. (Hons) (Leicester) rule of law. That is true whether they 29 in remand for anti-GST protest”, http://www.themalaysianinsider.com/ • LL.M. (Malaya) administer law as judges, advise on law malaysia/article/pas-psm-reps-among- • Barrister-at-Law, Middle Temple as legal advisers or act as advocates in 29-in-remand-for-anti-gst-protest courts and tribunals … ”.16 (Accessed on 23 June 2015). Career and Interests 10 Press release issued by Human Rights • Joined Shook Lin & Bok in 1992 as As Members of the Malaysian Bar, the Watch “Malaysia: Scrap Repressive an associate fl ame and spirit of the rule of law must Counterterrorism Bill” issued on • Became a partner in 2000 continue to burn in our hearts, illuminate 5 Apr 2015, https://www.hrw.org/ • Main areas of practice — our paths and direct all our actions. news/2015/04/05/malaysia-scrap- Employment Law, Administrative repressive-counterterrorism-bill Law, Native Title Law, and General (Accessed on 22 June 2015). Litigation Steven Thiru • Currently heads the Family, Probate President 11 Joint press statement released by the Malaysian Bar, Advocates’ Assocation & Trusts and Tax & Revenue Malaysian Bar of Sarawak and Sabah Law Association. Departments, and the Competition “Detention Without Trial is Oppressive and Anti-Trusts Law Departments Notes and Unjust, and Violates the Rule • Handles cases at all levels of the 1 Tom Bingham, Lives of the Law: of Law”, 10 Apr 2015, http://www. courts in Malaysia Selected Essays and Speeches 2000 – malaysianbar.org.my/press_statements/ • Has represented Orang Asli litigants 2010, (Oxford University Press, 2011), p. joint_press_release_by_the_three_bars_ in native land rights matters 5. of_malaysia_%7C_detention_without_ • Currently also serves as 2 “Why Commemorate the 800th trial_is_oppressive_and_unjust_and_ Chairperson of the Bar Council Ad Anniversary?” by Sir Robert Worcester, violates_the_rule_of_law.html (Accessed Hoc Committee on the Common http://magnacarta800th.com/magna- on 23 June 2015). Bar Course carta-today/objectives-of-the-magna- 12 Chapter VI A, Penal Code, Security • Also serves in other capacities: carta-800th-committee/ (Accessed on Off ences (Special Measures) Act 2012. Council Member of the London- 22 June 2015). 13 Joint press statement released by the based Commonwealth Lawyers 3 Pengarah Tanah dan Galian, Wilayah Malaysian Bar, Advocates’ Assocation Association, and committee Persekutuan v Sri Lempah Enterprise of Sarawak and Sabah Law Association. member of the LAWASIA Standing Sdn Bhd [1979] 1 MLJ 135 at p. 148. “Detention Without Trial is Oppressive Committee on Labour Law 4 R (Bancoult) v Secretary of State for and Unjust, and Violates the Rule of Law”, Foreign and Commonwealth Offi ce 17 Apr 2015, http://www.malaysianbar. Trivia [2001] QB 1067, para 36. This phrase org.my/press_statements/joint_press_ • He is married to Susheila Anne was coined by the Canadian Supreme release_%7C_amendments_to_the_ Sreedharan, an in-house legal Court, which stated in Calder v Attorney- sedition_act_1948_are_draconian_ counsel General of British Columbia (1973) militate_against_the_freedom_of_ • They have a daughter, Sarah 34 DLR (3d.) 145, 203 that “Magna speech_and_expression_and_interfere_ Priyanka Carta has always been considered to with_the_independence_of_the_ • Favourite football team: be the law throughout the Empire. It judiciary_.html (Accessed on 23 June Manchester United was a law which followed the fl ag as 2015). • Loves to read and run England assumed jurisdiction over 14 Joint Open Letter to the President

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Conduct of Bar Council preserve the security of the ballots, and to photograph, record or transmit by Annual Election is in to ensure there is no untoward incident electronic means any footage of the live in the ballot-counting room or any telecast, and would only provide a verbal Full Compliance with allegation of interference or tampering assurance. the Law with the ballot papers. Unfortunately, we have had to specifi cally The Bar Council refers to comments and The entire ballot-counting process can be require a written undertaking from all questions reported in the news media observed by the candidates and/or their candidates and representatives because regarding aspects of the annual election representatives through a live telecast we have experienced, in the past, that of 12 members to the Bar Council via a (through live streaming) in an observation video recordings of other closed-door postal ballot. room. There are four cameras in the Bar events were made and released, ballot-counting room, where ten teams despite the internal nature of such events The annual election of members of the of Bar Council Secretariat staff carry out and restrictions not to do so. Bar Council through a postal ballot is the counting, and the cameras provide an election among the Members of the coverage of the entire room and the A few points should be borne in mind. Malaysian Bar. It is an internal event ballot-counting process. One camera Firstly, the opportunity for the candidates that, as with similar events for most other is focused on one of the counting and/or their representatives to observe organisations, is not a public general teams, to provide a close-up look at an the ballot-counting process is not election for public offi ce. example of the counting process. The something provided for or required by camera footage is streamed live into the the LPA. It is the Bar Council, on its own The conduct of the annual Bar Council observation room. initiative, that decided to introduce this election is in full compliance with the option for purposes of transparency. provisions of the Legal Profession Act In respect of the written undertaking, 1976 (“LPA”), and has evolved over time all candidates are informed in writing, Secondly, the annual election of Bar within the ambit of the LPA. approximately three weeks before the Council members is internal to the ballot-counting day, that they would be Malaysian Bar. The process is not In this regard the Bar Council had allowed to observe the ballot-counting a public election, and the staff who decided to provide for the opportunity for process, and that to preserve the security undertake this process are not public candidates and/or their representatives and integrity of the process, they would be employees. It is therefore not appropriate to observe the ballot-counting process. observing the counting in another room. for any photography, recording or This is not provided for, nor required, The candidates are also informed that transmission of an internal event to be under the LPA, but is something that we they must provide a written undertaking made public, or for the staff carrying out have provided for, on our own initiative that they will not photograph, record or their duty as employees to be subjected and within the constraints that we face, transmit by electronic means the footage to being photographed or recorded. One in order to promote transparency. This they view via live streaming, and that this would have thought that this is plain and was an initiative fi rst instituted by us for requirement would be strictly enforced. obvious. the annual election in 2013. Various candidates notifi ed the Bar Finally, we have done everything required Each step of the election process is Council in writing that they would like to under the LPA, and we are doing more carried out with care and diligence, take up the off er to observe the ballot- on our own initiative, in the interest of and three scrutineers who are senior counting process, and duly provided transparency. We will continue to evolve Members of the Bar are appointed to the required documents. These the process for the better, within the oversee the process. During the ballot- candidates subsequently attended and constraints that we have. counting process, the room in which the observed the ballot-counting process counting is carried out is secured, and in the observation room. No complaint Christopher Leong the process is overseen closely by the was received from them in respect of President three scrutineers. No third parties — the requirement to provide a written Malaysian Bar particularly interested parties such as the undertaking. However, one candidate turned up at the observation venue on candidates and/or their representatives 4 December 2014 — are permitted to be physically present the ballot-counting day and refused in the ballot-counting room, in order to to provide the written undertaking not

The Bar is Pro-Rule Without recapping the issues raised Is such conduct befi tting or compatible therein, the Malaysian Bar wishes to with the dignity of a prosecutor or the of Law and Justice, address some issues that have arisen in offi ce of the Public Prosecutor? Is it Not Pro-Opposition or the past week. appropriate or proper for a prosecutor to replay the prosecution by way of Government The prosecutor-by-fi at in the Dato’ Seri roadshows or public debates? Does a Anwar Ibrahim case has been reported fi at given to a prosecutor to conduct a Much has been said of the prosecution to have been giving interviews, attending prosecution confer a licence to embark of Dato’ Seri Anwar Ibrahim, and there roadshows purportedly organised by a on a public tirade against a convicted appears to be some obfuscation. Those political party in Government, and with his and incarcerated person, or has the who are misconstruing or distorting name used in suggestions for debates. prosecutor-by-fi at been nevertheless the Malaysian Bar’s press release of 11 It was subsequently reported that the authorised by the Public Prosecutor to February 2015, which was plainly and roadshows were not at the behest of or undertake these activities? clearly only in respect of the prosecutorial sanctioned by that political party. process, should cease doing so.

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A former Attorney General is reported (4) protect the public interest and act of the public. The court would usually to have said that such conduct is with objectivity; and make directions or set terms as to the unprecedented. ambit of the restriction in terms of any (5) keep matters in their possession revelation or publication of the matters The “Standards of professional heard in camera. Whether it is improper responsibility and statement of the confi dential, unless the performance or a contempt of court for a prosecutor essential duties and rights of prosecutors” of duty or the needs of justice (or a prosecutor-by-fi at) or any party to adopted by the International Association require otherwise. reveal or publish matters and evidence of Prosecutors on 23 April 1999 provide, heard in proceedings held in camera amongst others, that prosecutors shall: Are prosecutors governed by a set of would depend on the directions made practice and etiquette rules established or terms set, if any, by the court, and (1) at all times maintain the honour and by the Public Prosecutor, who is also whether those directions or terms have dignity of their profession; the Attorney General, in a similar vein to been breached. the standards and guidelines referred to above, or the Legal Profession (Practice The directions or terms made with regard (2) always conduct themselves and Etiquette) Rules 1978 that govern to any particular proceedings held in professionally in accordance with advocates and solicitors? camera could only be ascertained from the law and the rules and ethics of the notes of court proceedings on the their profession; The Public Prosecutor should perhaps matter, if available, and any breach shed light on these matters. thereof would be a matter for the parties (3) at all times exercise the highest involved in the criminal trial or the court The prosecutorial discretion pursuant to itself to take up. standards of integrity and care; Article 145(3) of the Federal Constitution is vested in the Attorney General. The media release dated 12 February (4) strive to be, and to be seen to However, as the late Sultan Azlan Shah 2015 by the Attorney General is an be, consistent, independent and once said, there is no such thing as an example of an account or response by impartial; unfettered discretion, as every discretion the offi ce of the Public Prosecutor in a has its legal limits. Thus, although the clinical, measured and dispassionate exercise of discretion may be vested in manner. (5) always serve and protect the public an offi ce, the exercise of it is accountable interest; respect, protect and uphold and is not beyond scrutiny. We thank the Attorney General for the universal concept of human the statistics provided with regard to dignity and human rights; There may thus be occasions when prosecutions undertaken between 2010 the Public Prosecutor or his offi ce may and 2014 pursuant to section 377B of (6) remain unaff ected by sectional be required to render an account of the Penal Code. It would be informative the exercise or non-exercise of the interests and public or media to have the statistics, if any, for such prosecutorial discretion or conduct on prosecutions under section 377B from pressures and shall have regard certain matters raised by the public. We the 1990s to 2009. only to the public interest; act with ought to bear in mind that, in any criminal objectivity; and prosecution, the Public Prosecutor’s The law is only as good and fair as if offi ce represents the public interest, it is consistently and equally applied (7) preserve professional confi dentiality. and not the Government. Criminal and enforced. Section 377B, read with prosecutions are thus in the name of the section 377A, criminalises both sodomy Furthermore, the “Guidelines on the Public Prosecutor, and not in the name of and oral sex (fellatio). Section 377D Role of Prosecutors” adopted by the the Government of Malaysia. has in the past been used to prosecute Eighth United Nations Congress on the a participant or abettor in consensual Prevention of Crime and the Treatment The account or clarifi cation would sodomy. The off ences apply to of Off enders in 1990 provide, amongst usually be done in a clinical, measured heterosexuals and homosexuals. It would others, that prosecutors shall: and dispassionate manner, mindful that be instructive to see what the statistics the offi ce is a public offi ce acting in are for prosecutions for consensual (1) as essential agents of the furtherance of the public trust. oral sex under section 377B, read with section 377A, and under section 377D. administration of justice, at all times There certainly should be no place for maintain the honour and dignity of roadshows or debates. An analogy was drawn in the Attorney their profession; General’s media release with a Any roadshow or public debate by a prosecution for a corruption off ence, to (2) in accordance with the law, perform prosecutor with respect to a prosecution explain why the complainant was not their duties fairly, consistently, and he had conducted, culminating in a charged as a participant for abetment in conviction, would add nothing to the the prosecution for consensual sodomy expeditiously, and respect and conduct of the prosecution, proceedings against Dato’ Seri Anwar Ibrahim. protect human dignity and uphold or conviction, but may potentially human rights, thus contributing embarrass, or aff ect the public Is it a matter of policy, in the overall to ensuring due process and the confi dence in or perception of, the offi ce and long-term public interest, to grant smooth functioning of the criminal of the Public Prosecutor. immunity to those who are participants justice system; in an off ence in order to prosecute other It was also reported that the prosecutor- participants, instead of plea bargaining by-fi at had referred to, and revealed in for an admission and lesser sentence, (3) carry out their functions impartially public, matters or details of proceedings except where the participant is an agent and avoid all political, social, expressly held in camera. provocateur acting with or emplaced by religious, racial, cultural, sexual or the authorities in a sting operation? any other kind of discrimination; Proceedings held in camera are proceedings that are not conducted in In line with the analogy drawn in the said open court, and are without the presence media release, it is to be noted that section

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11 of the Whistleblower Protection Act of the said Act is a statutory codifi cation Christopher Leong 2010 provides that a participant in an or refl ection of the public interest policy President off ence cannot enjoy protection under with respect to there being no immunity Malaysian Bar the said Act, including the removal of any for participants in off ences. immunity from criminal action. Although this Act came into force subsequent to The Bar raises these issues and asks 26 February 2015 the charge against Dato’ Seri Anwar questions because it is pro-rule of law Ibrahim and is largely concerned with and pro-justice. The Bar is neither pro- corruption, it may said that section 11 Opposition nor pro-Government.

Hudud is for the same off ence and punished regard to explicitly provided areas of under hudud laws. This would be in “Islamic law and personal and family Unconstitutional, breach of Article 7(2); and law”. There is nothing in the State Discriminatory and List that allows for the enactment (3) Article 8(1) of the Federal and implementation of any form of Divisive Constitution guarantees equality criminal law including hudud, nor is before the law and equal protection this permitted under the jurisdiction The Malaysian Bar views with concern of the law. It has been reported and power of the State Legislatures; the passing of the Syariah Criminal that the Syariah Criminal Code (II) Code (II) (1993) 2015 Enactment by the (1993) 2015 Enactment passed (3) The scope of the punishments for Kelantan State Legislature yesterday, in by the Kelantan State Assembly off ences against the precepts of the Kelantan State Government’s eff ort would be applicable only to Islam must be conferred by Federal to implement hudud — the class of Muslims. This would off end Article law. The Syariah Courts (Criminal crimes prescribed under Syariah law — 8(1), as it would result in divergent Jurisdiction) Act 1965 provides in the state of Kelantan. procedures, separate evidentiary that the Syariah Courts in all States rules and diff ering punishment being shall not exercise jurisdiction “in The Syariah Criminal Code (II) (1993) applicable to Muslims as compared respect of any off ence punishable 2015 Enactment goes against the secular to non-Muslims, in respect of with imprisonment for a term structure of our Federal Constitution, criminal off ences. A Muslim exceeding three years or with any which does not envisage a theocratic off ender would also face heavier fi ne exceeding fi ve thousand ringgit Islamic state, or a parallel criminal justice punishment under hudud laws for or with whipping exceeding six system where Muslims and non-Muslims the same off ence, compared to a strokes or with any combination are subjected to unequal treatment non-Muslim off ender who is not thereof.” Hence, the penalties that before the law. subject to hudud laws. Further, the the Syariah Courts can mete out are hudud laws entrench, and result in, clearly circumscribed, and do not In Che Omar Bin Che Soh v Public injustice and discrimination against include the punishments provided Prosecutor [1988] 2 MLJ 55, the then- women and this would be contrary under hudud; and Supreme Court held that laws in Malaysia to Article 8(2). do not have to conform to Islamic (4) There can be no replication of any of principles, and confi rmed that Malaysia In any event: the off ences within any Federal law is a secular state. Thus, if hudud were with a diff erent degree of punishment brought into the criminal justice system, (1) The framers of our Federal only for Muslims. Further, these it would result in the importation of Constitution never intended for there laws, if enacted, must themselves Islamic penal law into a secular system. to be a dual criminal justice system be consistent with fundamental This would result in a rewriting of the — one at the federal level for non- liberties guaranteed to all citizens, Federal Constitution. Muslims and the other at the state including Muslims, under Part II of level for Muslims. Criminal law and the Federal Constitution. Hudud is also inconsistent with the procedure, and the administration of following provisions of the Federal justice, fall under the Federal List (i.e. The passing of the Syariah Criminal Constitution: 9th Schedule, List 1 (Para 4)), and Code (II) (1993) 2015 Enactment by the are exclusively within the legislative Kelantan State Assembly yesterday (1) Article 5(1) of the Federal competence of Parliament. It is demonstrates the State Legislature’s Constitution confers to all citizens therefore a subject matter solely indiff erence and disregard for our the right to life or personal liberty, within the legislative jurisdiction and constitutional scheme. The Malaysian which cannot be deprived “save in power of Parliament; Bar calls upon the Kelantan State accordance with law”. The word Assembly to respect and abide by the “law”, as defi ned in Article 160(2) of (2) Hudud is also beyond the legislative Federal Constitution, and repeal the the Federal Constitution, does not capacity of State Legislatures, as Syariah Criminal Code (II) (1993) 2015 expressly mention Syariah as part of set out in the 9th Schedule, List 2 Enactment immediately. the defi nition of law; (Para 1) of the Federal Constitution. The Federal Constitution only (2) Article 7(2) of the Federal Steven Thiru allows the States to enact laws Constitution protects against President to create off ences by persons repeated trials of accused persons in Malaysian Bar professing the religion of Islam criminal off ences. A Muslim person, against the precepts of Islam, and who is tried and convicted for an the respective punishments for such 20 March 2015 off ence under the Penal Code, may off ences. These laws must be with then be exposed to a second trial

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Police Must Respect (4) Adam Adli: Student activist, arrested YB Nik Nazmi Nik Ahmad, Fariz Musa, Constitutional Rights and on 14 March 2015 and detained on Mohd Fakhrulrazi Mohd Mokhtar, YB Teo remand for three days; Kok Seong and YB Tian Chua, as it was Uphold the Rule of Law reported that they had voluntarily agreed (5) Mandeep Singh: Staff member of to present themselves for questioning The Malaysian Bar is aghast at the spate a non-governmental organisation, and to assist in the investigations. If the of arrests and detentions in the wake of arrested on 14 March 2015 and investigations could not be completed on various public rallies held in Kuala Lumpur detained on remand for three days; the day they presented themselves, they over the past two weeks. and should have been asked to return the next day, or on a date that was mutually agreed The arrests and detentions were reported (6) YB Teo Kok Seong: Member of upon. Arresting persons who are willing to to have been made pursuant to Section Parliament for Rasah, arrested on 14 cooperate in investigations is a misuse of 9(5) of the Peaceful Assembly Act 2012, March 2015 and detained on remand the power of arrest. which penalises the organisers of peaceful for one day. assemblies with a fi ne of up to RM10,000 In addition, there appears to have been if they fail to provide the specifi ed 10 days’ It has been further reported that YB Chua no basis whatsoever for the police to have notice; and Section 143 of the Penal Code, Tian Chang (commonly known as YB Tian sought remand orders for detention in which imposes a punishment of a term of Chua), Member of Parliament for Batu, was the cases of YB Nik Nazmi Nik Ahmad, up to six months’ imprisonment, or a fi ne, arrested on 20 March 2015 under Section Fariz Musa, Mohd Fakhrulrazi Mohd or both, on whoever is “a member of an 143 of the Penal Code, and released on Mokhtar, Adam Adli, Mandeep Singh unlawful assembly (as defi ned in Section 21 March 2015 when the police failed and YB Teo Kok Seong. A remand 142 of the Penal Code). to obtain a remand order under Section order — could lead to a detention of up 117(ii) of the Criminal Procedure Code. to 14 days — is to enable the police to It has been reported that the following complete investigations, and not for the three persons were arrested to assist the The constitutional right to assemble purpose of commencing investigations. police in their investigations into the public peaceably and without arms is guaranteed It is imperative that the police show rallies, and subsequently released without under Article 10(1)(b) the Federal that they have pursued investigations detention on remand: Constitution, subject to limited restrictions diligently. The police cannot detain “in the interest of the security of the persons on remand in order to conduct (1) Saifullah Zulkifl i: Politician, arrested Federation or any part thereof, or public investigations at their leisure. Further, on 7 March 2015; order”, under Article 10(2)(b). The Court of a remand order should not be sought in Appeal in Nik Nazmi Nik Ahmad v Public the absence of a reasonable belief that (2) YB Rafi zi Ramli: Member of Prosecutor [2014] 4 CLJ 944 unanimously the accused persons would tamper with Parliament for Pandan, arrested on reaffi rmed this constitutional liberty as a or destroy evidence that is material to the 10 March 2015; and fundamental right of all Malaysians. investigations, harass potential witnesses, or pose a fl ight risk. (3) S Jayathas: Human rights activist, It is therefore untenable that the police have arrested on 17 March 2015. decided to ignore the Court of Appeal’s A remand order is a grave and harsh decision in the Nik Nazmi Nik Ahmad deprivation of an accused person’s It has been also reported that the following case, and have arrested, and in several liberty. It is not an order that the police six persons were arrested to assist the instances also detained on remand, the should lightly or routinely seek unless police in their investigations into the persons listed above. The decision of the it is fully justifi able. The police should public rallies, and subsequently detained Court of Appeal has a far-reaching impact certainly not seek a remand order to on remand under Section 117(ii) of the on all forms of restrictions or limitations harass and intimidate accused persons. Criminal Procedure Code before being under our laws on the constitutionally Such conduct would be unprofessional, released: safeguarded right to freedom of assembly. deplorable and unlawful. (1) YB Nik Nazmi Nik Ahmad: Selangor A decision of the Court of Appeal, until The Malaysian Bar is deeply concerned State Government Executive Council reversed by the Federal Court, remains by the manner in which the police have Member, arrested on 8 March 2015 enforceable and binding. It is not open chosen to exercise their powers to and detained on remand for three to anyone, including the police, to ignore arrest and detain persons exercising days; the decision even if an appeal or a review their constitutional right to assemble of the decision is pending. As a law peaceably. We urge the police to exercise (2) Fariz Musa: Politician, arrested on 10 enforcement agency, the police must restraint, and to respect constitutional March 2015 and detained on remand respect the law at all times, and not only rights and to uphold the rule of law. for two days; when they wish or choose to do so. The police cannot be a law unto themselves. Steven Thiru (3) Mohd Fakhrulrazi Mohd Mokhtar: President Politician, arrested on 10 March 2015 Moreover, there appears to have been no Malaysian Bar and detained on remand for one day; reason for the police to arrest S Jayathas, 22 March 2015

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Investigative Powers of against them, give rise to an irresistible Further, with regard to the allegation that the Police Must Not be inference in the public mind that the the said article published by TMI was police are abusing their investigative seditious, TMI had reportedly identifi ed Abused to Intimidate, powers. The most recent occurrence the author (and did not deny publishing Harass, Oppress and was the police raid of the offi ce of The the article). Accordingly, the police Malaysian Insider (“TMI”) news portal needed only to rely on the published Terrorise on 30 March 2015, which culminated version of the article for investigation in the arrest and overnight detention of purposes, since the intention of the The Malaysian Bar condemns the police managing editor Lionel Morais, Bahasa author or publisher of the article, or dragnet that has continued unabated Malaysia news editor Amin Shah the truth of what was published, are over the past two months. Iskandar, and features and analysis not defences under the Sedition Act editor Zulkifl i Sulong, and the seizing 1948. However, this is one of the As at 1 April 2015, about 159 persons of their laptops and mobile phones; as reprehensible and repressive features of have been arrested for various alleged well as the arrest on 31 March 2015 the Sedition Act 1948. Again, there was off ences under the Sedition Act 1948, and overnight detention of TMI chief thus absolutely no need for the police to Peaceful Assembly Act 2012, Penal executive Jahabar Sadiq and The Edge arrest and detain the fi ve men overnight, Code, and Communications and Media Group chief executive Ho Kay and apply for remand orders, when all Multimedia Act 1998. In many of these Tat after they had voluntarily presented they needed was to ascertain that the cases, the police unjustifi ably detained themselves at Dang Wangi police station article had been published by the fi ve individuals overnight and unnecessarily to assist in the police investigation. The men. sought remand orders for extended police application for the remand of periods of detention. In some cases, Lionel Morais, Amin Shah and Zulkifl i Moreover, as the subject matter of the the arrest was preceded with, or Sulong was refused at 12:45 pm on 31 allegation was the published article that followed by, intrusive raids by the police March 2015, but they were only released was readily available to the police, there of the workplace of the individuals, or at approximately 6:00 pm that day, was also no basis whatsoever for the premises of third parties. There have which makes a mockery of the rejection police to raid the offi ce of TMI and to seize also been reports against the police for by court of the remand application. The property belonging to the TMI offi cials. disproportionate use of force, as well police did not seek a remand order for This draconian exercise of power by as allegations that the police denied Jahabar Sadiq and Ho Kay Tat, who the police is inexplicable, and raises the individuals legal representation upon were then released on 1 April 2015. question of whether the raid and seizure arrest. were for reasons or purposes unrelated It was reported that the police are to the investigations under the Sedition The police continue to grossly investigating these fi ve individuals — Act 1948 and the Communications misconstrue their investigative powers under Section 4(1)(c) of the Sedition and Multimedia Act 1998. If the raid under our laws — such as the Criminal Act 1948 and Section 233 of the and seizure were actuated by ulterior Procedure Code — and to exercise Communications and Multimedia motives, the conduct of the police these powers in an oppressive manner. Act 1998 — over the publication of would be decidedly objectionable and Investigative powers are not meant a news article by TMI on 25 March would smack of bad faith. to be used in order to begin gathering 2015 concerning a decision made evidence against an individual. Further, by the Conference of Rulers on the Apart from this incident involving TMI, investigative powers cannot be used to implementation of hudud laws upon the there have been other recent troubling arrest or detain individuals, or to seek passing of the Syariah Criminal Code (II) incidents that lend to the inference remand orders, only for the purpose of (1993) 2015 Enactment by the Kelantan of widespread abuse of investigative gathering evidence. State legislature. Subsequently, it was powers by the police. Some of these reported that a police report had been are as follows: The detention of individuals overnight made by Dato’ Sri Syed Danial Syed should only be to investigate based Ahmad, Keeper of the Rulers’ Seal, (1) It was reported that YB Nurul Izzah, on evidence that the police have denying the said decision had been Member of Parliament for Lembah already gathered, and a remand order made by the Conference of Rulers. It Pantai, was arrested on 16 March should only be sought to complete was reported that TMI offi cials did not 2015 and detained overnight for an investigations, where there is a risk that deny publishing the news article, and off ence under Section 4(1) of the the individual may tamper with evidence, were willing to cooperate in the police Sedition Act 1948, for delivering an or where the individual is likely to be investigation. allegedly seditious speech in the a fl ight risk. The use of investigative Dewan Rakyat on 10 March 2015. powers to detain individuals under any Thus, the action taken by the police It was also reported that she had other circumstances is a blatant abuse against the fi ve individuals defi es logic, voluntarily off ered to cooperate of these powers and should be seen as reason and credibility. If the article was with the police in their investigation. an act of intimidation, harassment and erroneous, then all that was required was Again, as the allegation was that oppression. The overnight detention of for TMI to make the necessary correction she had committed sedition, all the individuals and extended remand orders or clarifi cation and, if necessary, to police needed for their investigation without any basis would only serve to withdraw or retract the article. There was the verbatim recording of her terrorise individuals, and would thus be was no necessity for the police to speech in the Dewan Rakyat, which wholly deplorable. arrest the fi ve individuals, detain them is contained in the relevant hansard overnight and seek a remand order. of the Dewan Rakyat, and to view The conduct of the police over the past the video recording of her speech. two months, and the slew of complaints

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There was therefore no reason at all the #KitaLawan rally, and was of Parliament for Shah Alam, was to arrest and detain her overnight; held in remand for three days. On reportedly arrested at his home 29 March 2015, it was reported in Shah Alam under Section 143 (2) It was reported that Eric Paulsen, that the police raided the PKR of the Penal Code, to assist in the the Executive Director and Co- national headquarters, seized four investigation into the #KitaLawan Founder of Lawyers for Liberty, was computers, a copy of the circular, rally that had taken place in Kuala arrested at Dataran Merdeka on 22 and a copy of the media statement Lumpur. Eyewitnesses alleged that March 2015 under Section 4(1)(b) Rafi zi had issued regarding the rally. the police turned up at Khalid’s of the Sedition Act 1948, had his Again, as the police already had the home in fi ve cars, and that several of mobile phone confi scated, and was circular in their possession, all that the police offi cers were brandishing detained overnight, over his tweets was needed was for the police to M16 assault rifl es. Khalid was taken on the implementation of hudud ascertain whether he had issued the to the Dang Wangi police station laws. As the relevant tweets were circular. Why was there then a need for documentation and then to the easily ascertainable, as evidenced to arrest and seek an extended Jinjang police station for further by the screenshots of his Twitter remand order, and in addition raid investigation. He was released on account, all that was required was the headquarters of the political police bail at 8:30 pm. for the police to confi rm that he had party as well as seize its property?; indeed sent out the relevant tweets, The Malaysian Bar expresses deep and hence there was no justifi cation to (5) On 27 March 2015, Hishamuddin serious concern regarding the reports of arrest and detain him overnight; Rais, a political activist, was how the police have acted, particularly reportedly travelling in a taxi near in the incidents referred to above. (3) It was reported that over 80 anti- Dataran Merdeka when he was The reported heavy-handed tactics, GST activists were arrested at the followed by a silver-coloured Honda disproportionate use of force, and open Kelana Jaya Customs Complex Civic and several motorcycles. It display of weaponry by the police, under and taken to the Kelana Jaya police is alleged that six men wearing the cover of night, in eff ecting the arrests station on 23 March 2015. It was balaclavas grabbed him when he of Hishamuddin Rais, Mat Sabu and reported that the police did not alighted from the taxi. One of them Khalid Samad beg the question whether inform them of the reason for their reportedly dragged him by his chest this is now part of the police’s standard arrest, and that they were denied and covered his mouth to stop him operating procedure for arrest. their right to legal representation for from shouting, and they then forced the entire period of their detention. Hishamuddin into another car, The Malaysian Bar does not condone which sped off . His abduction was the exercise of police powers in arbitrary The next day, about 25 of the witnessed by several individuals. manner. Based on the media reports, activists were taken to the Ibu One eyewitness, Muhd Daniel, the police have displayed a worrying Pejabat Polis Daerah (District reportedly chased the vehicle and lack of restraint and proportionality. Police Headquarters) Shah Alam for managed to grab one of the alleged remand for off ences under Section kidnappers but was forced to let The Malaysian Bar strongly urges the 21of the Peaceful Assembly Act go as the kidnapper had pointed a police to respect the rule of law and to 2012 and Section 447 of the Penal pistol at him. Subsequently, when stop abusing its investigative powers to Code. It was also reported that the Hishamuddin’s friends contacted intimidate, harass, oppress and terrorise police sought remand orders for the police, they were informed that individuals. The abuse of investigative all 25 individuals — although the Hishamuddin was being detained powers is inimical to the right to life majority of them had already given at the Dang Wangi police station. and liberty guaranteed by Article 5 their statement to the police — and He was reportedly detained for of the Federal Constitution; and the the individuals were subsequently his alleged involvement in the rights to freedom of speech, freedom remanded for two days. The police #KitaLawan rally in Kuala Lumpur to of association and freedom of assembly reportedly denied the detainees be held on the next day, 28 March enshrined in Article 10 of the Federal their right to legal representation 2015. Hishamuddin was released Constitution. These constitutional until just minutes before the remand on 29 March 2015; liberties cannot be ignored by the police hearings began. The reasons with impunity. for the remand applications were (6) On 28 March, politician Mohamad unacceptable, and the refusal to Sabu (better known as Mat Sabu) It is time — indeed it is long past the disclose the grounds for the arrest was reportedly arrested by 20 police time — for the police to move away from and the initial refusal to allow offi cers wearing balaclavas and a “police state” mindset, and to adhere for legal representation were a bearing weapons at a restaurant in to its own 208th Police Day Celebration breach of Article 5(3) of the Federal Butterworth, Penang at about 12:20 theme, “Polis dan Masyarakat Berpisah Constitution; am, and taken to Seberang Jaya Tiada” (“The Police and Community police station. At about 1:30 pm, Never Divided”). (4) It was reported that Rafi zi Ramli, the police reportedly took Mat Sabu Member of Parliament for Pandan to the Dang Wangi police station Steven Thiru and Vice President of Parti Keadilan in Kuala Lumpur. He was also President Rakyat (the People’s Justice Party; released on 29 March 2015; and Malaysian Bar “PKR”), was arrested on 27 March 2015 under the Sedition Act 1948 (7) At approximately 3:00 am on 29 2 April 2015 over a circular he had issued about March 2015, Khalid Samad, Member

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Detention Without were nonetheless viewed as prejudicial for POTB to inquire into the report or Trial is Oppressive and to national security or public order. We require further investigation. POTB fear POTA will be similarly abused as a has extensive powers — it may grant a Unjust, and Violates the tool for political oppression. detention order of up to two years, or a Rule of Law restricted residence order of up to fi ve The Malaysian Bar, the Sabah Law years. These periods of detention or The Malaysian Bar, the Sabah Law Association and the Advocates’ restricted residence may be subsequently Association and the Advocates’ Association of Sarawak are also very renewed for an indeterminate period. Association of Sarawak vehemently troubled by the encroachment into These orders are to be made by POTB oppose all forms of detention without judicial discretion in criminal matters. without due process, inasmuch as the trial, and view the passage into law of Under POTA, a person can initially be accused person is denied the right to the Prevention of Terrorism Act 2015 remanded for investigative detention for make any legal representation to the (“POTA”) in the early hours of 7 April 2015 a maximum of 60 days. A Magistrate POTB. with grave concern. has no discretion to refuse a request for remand, and is reduced to rubber- Next, the argument that POTA cannot be POTA is clearly an attempt by the stamping requests by the police and compared with the ISA because it is no Government to resurrect the Internal Public Prosecutor. Likewise, a Sessions longer the Minister of Home Aff airs who Security Act 1960 (“ISA”), Restricted Court Judge has no discretion to refuse decides on the detention or restriction Residence Act 1933, Banishment Act any application by the Public Prosecutor order, is specious. Members of the 1959, and Emergency (Public Order and to order that an accused person be POTB are appointed by the Yang di- Prevention of Crime) Ordinance 1969. attached with an electronic monitoring Pertuan Agong (but following convention, POTA is objectionable, ignores due device. Discretionary powers that exist upon the advice of the Government) and process, infringes upon our constitutional to enable the Judiciary to confront the can be dismissed by the Yang di-Pertuan rights, and is repugnant to the rule of law. excesses of the Executive are now Agong at any time. This absence of POTA brings about the re-emergence of eff ectively extinguished. The intrusion security of tenure undermines whatever detention without trial laws, the limiting on judicial discretion permitted by POTA independence POTB purports to or denial of legal representation, and the is serious, as it is tantamount to vesting have. Only the Chairman is required to ouster of the jurisdiction of the courts. judicial power in the Executive. We have legal experience, and there is no remind the Government that under our provision that he or she must be, or must POTA is unclear in its scope inasmuch constitutional scheme, judicial power is be qualifi ed to be, a Judge. as it is directed at an ill-defi ned group vested in the Judiciary, and the vesting of persons. It is purportedly directed of judicial powers in any other body is We have seen from the practice of the at persons who are “engaged in the unconstitutional. Prevention of Crime Act 1959 that the commission or support of terrorist acts names of the members of the Prevention involving listed terrorist organisations in Further, there is no provision for the of Crime Board have not been made a foreign country or any part of a foreign person remanded to be informed of public. It is likely to be no diff erent for country”. However, words like “engaged”, the grounds of arrest, nor is there any members of POTB. The fact that POTB “commission”, “support” and “involving” guarantee that legal representation will hearings will not be held in public means, have not been defi ned in POTA. Thus, be allowed. This is because the police in eff ect, that POTA will allow secret the reach of the legislation is extremely are prone to applying the exclusion hearings by a secret panel. There will be wide and lends itself to abuse. It opens under section 28A(8) of the Criminal no transparency. up the real possibility that almost anyone Procedure Code to deny access to legal could be targeted under POTA. It cannot representation. This is another serious One of the most off ensive aspects of be conveniently seen as simply targeting matter, as access to legal representation POTA is its absolute ouster of judicial “terrorists”. We have seen how the ISA, for persons facing serious allegations scrutiny. No judicial review of the detention which had been meant to deal with the of terrorism and the prospect of loss of order or the restriction order is possible. communist insurgency, was used to stifl e liberty should not be denied. This is an aff ront to the Judiciary and is political dissent and imprison political further contrary to Article 8 of the Federal opponents. POTA also confers draconian powers Constitution, which guarantees equality on the Inquiry Offi cer — who is not and equal protection before the law. The POTA gives false hope in the exclusion expressly defi ned in POTA — tasked small concession that courts can review of “political belief and political activity” with investigating the allegations against procedural compliance is illusory in as a ground for detention. Organisations the accused person and presenting the practice since POTB determines its own not registered as political parties under evidence to the Prevention of Terrorism procedures. the Societies Act 1966, or not registered Board (“POTB”). In this regard the normal under the Societies Act 1966 at all, may rules of evidence and criminal procedure The Malaysian Bar, the Sabah Law be subjected to the wide powers of are excluded, and the Inquiry Offi cer Association and the Advocates’ POTA. We also note that in the past, may procure evidence by any means. Association of Sarawak take the view politicians and political activists had been The Inquiry Offi cer then presents his/her that the answer to the fi ght against detained under the ISA for activities that report to POTB and there is no provision terrorism does not lie in oppressive laws

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that violate our adherence to the rule war on terrorism must be won without We urge the Government to withdraw of law, due process and constitutional compromising the rule of law, human POTA from being tabled in the Dewan safeguards. The war against terrorism rights and principles of natural justice. Negara. requires the strengthening of our ability to detect, gather evidence, investigate The Malaysian Bar, the Sabah Law Steven Thiru and deal with the threat of terrorism in Association and the Advocates’ President a holistic manner. We must eschew Association of Sarawak reject this attempt Malaysian Bar shortcuts or quick fi xes that seemingly by the Government to revive detention provide short-term solutions but no long- without trial, repeated renewals of such Datuk GBB Nandy @ Gaanesh term result. detention, the ouster of the jurisdiction of President the Judiciary, and the limitation or denial Sabah Law Association We are aware of the evolving threat of of the rights of suspected persons to due global terrorism and the eff orts by the process of law. Leonard Shim Government to adapt in order to counter President it domestically. We are supportive of Advocates’ Association of Sarawak these eff orts, but maintain that the 10 April 2015

Amendments to the reduced. The amendments reinforce a notable development, it should not Sedition Act 1948 are the concern that the limits to freedom be forgotten that adverse statements of speech and expression are to be against the Government should Draconian, Militate determined by those in our society who never have been criminalised. The Against the Freedom of are not open to adverse comments Government cannot place itself Speech and Expression, or contrary ideas, or who are easily beyond public scrutiny or comment, offended or angered. This nurtures nor can it insulate itself from criticism. and Interfere with the an environment of intemperance and As regards the deletion of Section Independence of the intolerance. 3(1)(c) concerning criticism on the Judiciary administration of justice, it is a timely The amendments passed by the recognition that in a democracy no The Malaysian Bar, the Advocates’ Dewan Rakyat will result in a false institution should be beyond the reach Association of Sarawak and the sense of unity and harmony that is of constructive and honest comment. Sabah Law Association are appalled actually created by intimidation and However, we remain concerned that by the amendments to the Sedition a climate of fear. This perpetuates such speech could still be prosecuted Act 1948 passed by the Dewan Rakyat insecurity and suspicion amongst our under other legislation. If the in the early hours of 10 April 2015. citizenry, and does not augur well for Government is to recognise the right We are extremely disappointed that the growth and maturity of our nation. of freedom of expression, it must do the Malaysian Government has not so consistently across all legislation. only reneged from the promise made The amendments do not deal with in 2012 to repeal the Sedition Act one of the most offensive elements The other amendments to Section 1948 and replace it with the National of the Sedition Act 1948, namely that 3(1) of the Sedition Act 1948 are very Harmony Act, but has substantially the intention of a person accused of troubling. The inclusion of the word strengthened the former with drastic sedition, whether noble or mischievous, “hatred” in Section 3(1)(e) in respect and oppressive provisions. is irrelevant. The offence of sedition of the different races or classes in therefore remains one of strict liability. Malaysia, and the new provision relating The Sedition Act 1948 is an archaic, Strict liability for criminal offences is to seditious tendency in Section 3(2) obsolete and regressive law that must an extreme exception in criminal law, (c)(ii) of producing “feelings of ill will, be abolished. It severely restricts, and certainly not one that should be hostility or hatred” “between different or even extinguishes, the freedom of used in respect of the constitutionally races or classes of the population of speech and expression, and hence guaranteed freedom of speech and Malaysia”, or “between persons or tramples on the constitutional rights expression. The amendments also groups of persons on the ground of of Malaysians. It is the antithesis of criminalise truth, inasmuch as the truth religion”, are imprecise amendments. democracy, justice and human rights. of the words that are said to constitute Criminal offences must have the “seditious tendency” is not a defence hallmark of clarity and certainty, and The amendments to the Sedition Act to a sedition charge. This is another not be open to inconsistent or arbitrary 1948 have dealt a crippling blow to the abhorrent aspect of the Sedition Act interpretation. It is unacceptable for rule of law in Malaysia, and lend weight 1948. criminal sanctions to be imposed to the widely held public perception based on unclear or ambiguous that we are becoming an intolerant The amendment to Section 3(1) provisions of law. The life and liberty authoritarian state. The democratic (a) removes criticism “against of accused persons cannot turn on, or space for frank, meaningful and any Government” as a ground for be subject to, vague laws. robust discourse has been palpably “seditious tendency”. While this is

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The amendment to Section 4(1) is latter. It is to be noted that here again exercise of freedom of speech and also worrying. A person convicted of judicial discretion is curtailed as the expression online. sedition is now liable to be imprisoned Judge is obliged, upon a finding of for a minimum term of three years and guilt, to impose the minimum term The Malaysian Bar, the Advocates’ a maximum term of seven years. The of imprisonment. A further intrusion Association of Sarawak and the sanction of a fine in lieu of imprisonment into judicial discretion is seen in the Sabah Law Association call on the has been removed. The imposition of new Section 6A, which prohibits a Malaysian Government to heed the mandatory imprisonment for sedition Judge from discharging a person salutary words of the United Nations is harsh and disproportionate to the convicted of aggravated sedition High Commissioner for Human Rights, purported offence. In the case of a either conditionally or unconditionally, Zeid Ra’ad Al Hussein, who said, Member of Parliament, it will result in or granting a binding over order or “Silencing dissent does not nurture automatic disqualification. Moreover, taking into account the fact that the social stability, but an open democratic by prescribing a minimum term person is a youthful offender or a first- space does”.1 It is also noteworthy of imprisonment, the Government time offender. that the “High Commissioner urged curtails the discretion of the Judiciary Malaysia, as chair of ASEAN, to ensure in sentencing matters. The amendment in new Section 5A, to that its leadership role at the regional allow for restriction on travel, impinges and international levels is backed up It must be borne in mind that judicial on the constitutional rights of citizens. by a firm commitment to ensure the discretion in sentencing is a critical By obliging the Judge to act on the human rights of all in Malaysia”. aspect of judicial power of the application of the public prosecutor to Judiciary under our constitutional restrict travel, the Judiciary has been The Sedition Act 1948 is inherently scheme. It allows Judges to decide relegated to being a rubber stamp flawed, and the amendments serve on appropriate sentences on a case- of the public prosecutor. This is an to expose and exacerbate its by-case basis, depending on the facts added assault on the independence of weaknesses. It is a law that undermines and circumstances of each case. the Judiciary. genuine unity and harmony, and is This ensures justice is done in each counterproductive to lasting peace, case based on the particular facts of Another serious amendment is the strong bonds of unity and real mutual the case. The deprivation of such deletion of Section 6 of the Sedition respect in Malaysia. The Sedition Act judicial discretion may be construed Act 1948, which protects any person 1948 has no place in our nation, which to mean that the Government does from being convicted of sedition on aspires to be a modern, moderate and not trust, or has lost faith in, the the uncorroborated evidence of one progressive democratic society. ability of the Judiciary to discharge its witness. In other words, where the constitutional role and function, and alleged sedition is attributable to a The Malaysian Bar, the Advocates’ would be seen as an interference with spoken word or words, a person can Association of Sarawak and the the independence of the Judiciary. now be convicted for sedition on the Sabah Law Association urge the unconfirmed evidence of one witness. Government to desist from pursuing Next, the new Section 4(1A) is an This amendment removes a possible the amendments in the Dewan Negara, obnoxious amendment. It provides for safeguard to a sedition charge, and to instead keep its promise to what may be conveniently described as and exposes accused persons to repeal the Sedition Act 1948. “aggravated sedition”. Thus, a person conviction on the mere say-so of one who is accused of committing sedition witness. Steven Thiru that causes “bodily harm or damage to President property” will be liable for a minimum The amendments also seek — in the Malaysian Bar term of imprisonment of three years new Section 10A — to impose severe and a maximum term of 20 years. It restrictions on electronic publications, Leonard Shim is not apparent what is required in such as publications on social media. President terms of a link or connection between Thus, where there is an allegedly Advocates’ Association of Sarawak the alleged sedition and the causing seditious publication by electronic of bodily harm or damage to property. means, a prohibition order can be Datuk GBB Nandy @ Gaanesh President It is clear that the new Section 4(1A) made to require the person making Sabah Law Association can be easily abused. All that is or circulating the publication to needed is for an agent provocateur remove the said publication. Further, 17 April 2015 to provoke an unsuspecting person the person making or circulating to utter or publish allegedly seditious the allegedly seditious publication 1 Press statement issued by the Oﬃ ce words, and for another person to will be prohibited from accessing of the High Commissioner for Human cause “bodily harm or damage to “any electronic device”. While there Rights, “Malaysia: Draft anti-terror property” purportedly as a result of is a case to be made for a more and sedition laws seriously undermine those words. The former would be responsible and mature use of social freedom of expression and opinion – Zeid”, 9 April 2015. liable and would face imprisonment media, the amendments goes well due to the purported conduct of the beyond that, and threaten the thriving

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Right to Peaceful were arrested for allegedly releasing a prescribes the manner in which a child Assembly Rendered smoke bomb at around 2:00 pm, as well accused of infringing penal laws is to as for unlawful assembly. However, they be treated. The police appear to have Illusory by Arbitrary were only apprehended at 7:00 pm, well been oblivious of these legal obligations, Arrests and Oppressive after the rally had ended. It is startling and have arguably exposed the minors Remand Orders that the police waited several hours after to irreparable trauma, and long-term the alleged off ences before arresting the psychological scarring and damage. The Malaysian Bar is very concerned alleged perpetrators. over the police action against some of It was also reported that the police had the participants of the “Bantah GST” There were six minors of 16 to 17 years of issued notices to several persons to (“Oppose the Goods and Services Tax”) age among the 29 arrested participants. present themselves at the Dang Wangi public rally held in Kuala Lumpur on 1 The minors were reportedly arrested District Police Headquarters before May 2015. and handcuff ed together with the 10:00 pm on 1 May 2105, failing which adult suspects and taken to the Kuala they would be arrested. There appears The fundamental right to peacefully Lumpur Police Headquarters and later to have been no plausible reason for this protest on a matter of public interest is transferred to Dang Wangi District Police urgency to commence investigations, a norm in any vibrant democracy. It is a Headquarters. On 2 May 2015, the and the threat of arrest was certainly recognised and legitimate form of public minors were produced together with the unwarranted. expression of concern, and must not 23 adult suspects before a Magistrate for be curtailed through harsh or punitive the remand hearing. The police sought Indeed, in the recent protest in Taman measures in order to stifl e contrary a four-day remand, and were granted Medan, Selangor on 19 April 2015, the views. A modern and progressive nation a remand of one day. The minors were police did not arrest any protestor, and must embrace peaceful expressions of then detained at Dang Wangi District only questioned one of the persons dissent, and promote engagement and Police Headquarters until their release. involved, for about three hours on 22 attempts at mutual resolution of the April 2015. Such seemingly inconsistent concerns. The Malaysian Bar is shocked at the treatment by the police lends to the manner in which the police treated these perception that the police practise It has been reported that the organisers six minors, who fall within the defi nition selective or unfair policing. gave prior notice of the rally to the of a “child” under the Child Act 2001. police and obtained approval to hold The Child Act 2001 recognises that a Several of the persons who received it at Padang Merbok. The police were child, by reason of physical, mental and the notice from the police voluntarily therefore not against the public assembly. emotional immaturity, is in need of special presented themselves at the Dang Wangi The organisers decided that participants safeguards, care and assistance. In this District Police Headquarters before 10:00 should gather at fi ve diff erent locations regard, it appears that the police ignored pm to assist in police investigations. before marching to KLCC. several applicable provisions of the Child Inexplicably, they were arrested before Act 2001, including the following: their statements were recorded, The rally was attended by approximately and detained overnight. The police 10,000 persons. Apart from some alleged (1) Upon the arrest, the police “shall subsequently sought remand orders for untoward incidents during which graffi ti immediately inform a probation four days for some of them, which were was spray-painted, smoke bombs and offi cer and the child’s parent or refused by the Magistrate. fi recrackers were set off , and rubbish guardian of the arrest” (section was burned — all of which were allegedly 87(a)); In addition, it has been reported that two committed by a small minority of (2) Appropriate arrangements shall other persons, who had also voluntarily participants in a limited area — the rally be made to prevent a child who is presented themselves to assist in police was peaceful. being detained in a police station, investigations, were arrested and made being conveyed to or from any to wait for as long as ten hours for their Regrettably, the police arrested Court, or waiting before or after statement to be taken by the Investigating approximately 38 rally participants for any attendance in any Court, from Offi cer. The actual recording of their investigations for alleged off ences under associating with an adult who is statements then reportedly only took the Sedition Act 1948, Penal Code, and charged with an off ence (section a mere 10 minutes. The apparent Corrosive and Explosive Substances and 85(a)); and dilatoriness on the part of the police could Off ensive Weapons Act 1958. In many (3) The arrested child shall be brought be construed as harassment, abuse of cases, the police detained the suspects before a Court For Children (which power and an unwarranted deprivation of overnight and then applied for remand is constituted under section 11) a person’s liberty. orders for four days. The police should within 24 hours of the arrest (section not routinely resort to detentions, which 84(1)). It is diffi cult to fathom why the police are dehumanising and degrading, to would arrest and detain suspects who punish and intimidate suspects. Further, Article 40 of the United Nations are willing to cooperate in investigations. Convention on the Rights of the Child Moreover, it is unacceptable for the police Twenty-nine out of the 38 rally participants — to which Malaysia is a State Party — to have sought remand orders for four

18 PRAXIS | JAN-JUN 2015 PRESS RELEASES FROM THE BAR days. It is alleged that these persons had dragged out of the car by plainclothes assembly must not be thwarted by committed off ences under section 4 of policemen. The suspect has lodged a repressive police conduct. The police the Sedition Act 1948 and section 143 of police report stating that he was verbally should be mindful that their role is to the Penal Code. These alleged off ences and physically assaulted before being promote and facilitate the exercise do not require arrest and overnight pushed into one of the police cars and of the right to peaceful assembly — detention, and certainly do not justify the driven to the police station. These before, during and after the assembly. excessive remand orders sought. The allegations are serious, and cast a pall The misuse of police powers renders impression given is that detention was over the reputation of the police. There the exercise of the fundamental right to used to punish these persons, before any must be a thorough investigation, as the peaceful assembly illusory. fi nding of guilt by a court of law. alleged conduct is unbecoming of any enforcement agency. If there is any basis There are also allegations that several to the allegations, the persons involved Steven Thiru police cars intercepted a suspect by must be prosecuted for criminal assault. President surrounding his moving vehicle in the Malaysian Bar middle of a highway, forcing his car to The Malaysian Bar reminds the police a halt. The suspect was then allegedly that the constitutional right to peaceful 7 May 2015

Rohingya and and, if necessary, repatriated. There of a fellow ASEAN member state Bangladeshi Boat are proper channels for dealing with has meant that Myanmar has been the recruitment of foreign labour and allowed to pursue a domestic policy People Humanitarian other forms of legitimate migration of persecution of the Rohingyas, and Crisis: Prompt and from Bangladesh. even to dispute the historical evidence Concrete Measures of their presence in areas in present- Be that as it may, there are also day Myanmar. Malaysia and other Needed allegations that some of these ASEAN nations have the responsibility nationals of Bangladesh on the to protect the Rohingyas so as not The Malaysian Bar is appalled boats have actually paid human to compound the issue of ethnic by the ongoing saga of the fate traffickers to assist them to leave. cleansing that is being allegedly befalling boatloads of thousands This must be investigated and, if carried out by Myanmar. of people heading for our shores. It confirmed, the human traffickers must is a humanitarian catastrophe. The be apprehended and punished to The Malaysian Bar welcomes the fact tragedy of suffering and even loss of the full extent of the law. Moreover, that the Malaysian Government has life — through drowning and fights for these victims of human trafficking scheduled a meeting tomorrow with survival on board boats left to drift on should be accorded proper protection the Governments of Indonesia and the high seas — is heart-rending. under our laws, including under the Thailand to discuss the situation. Anti-Trafficking in Persons and Anti- However, the Malaysian Bar calls on Regardless of the identity and status Smuggling of Migrants Act 2007. the Malaysian Government to do more of the people on board these many than just convene discussions, and to boats, the first order of priority must However, many amongst the people do it quickly. It is critical to address be to prevent further suffering and on the boats are from the Rohingya this issue head-on, and Malaysia as loss of human life, bearing in mind that community, fleeing from Myanmar the Chair of ASEAN must take the lead there are pregnant women, women due to religious persecution. While it and show the way forward. The fact who are nursing infants, and children, may seem unneighbourly to accuse a that Myanmar is reported as not being on board the boats. This means the fellow ASEAN Government of wrongful willing to attend tomorrow’s meeting Malaysian Government must allow conduct, it cannot be disputed that with Malaysia, Thailand and Indonesia these boats to land, set up reception the Rohingyas have not been granted means that the process already centres to receive the people on citizenship in Myanmar, thereby begins with a huge handicap, namely board, document them, and provide rendering them stateless. Further, the refusal of the country of origin to them with basic amenities. There is they have been deprived of all political participate in a process of finding a a precedent for doing this, in the way rights and systematically displaced solution. Malaysia treated the Vietnamese boat from their traditional places of abode. people in the 1970s. Ironically, 2015 is the onset of the Regrettably, Malaysia has indirectly much-touted ASEAN Economic The Malaysian Bar acknowledges contributed to the exacerbation of Community. ASEAN cannot only that some of the people on the boats this problem involving the Rohingyas, be about the rich and well-off, the may well be nationals of Bangladesh by repeatedly ignoring the matter for educated and the employed. An looking for better economic prospects many years. The misguided and undue ASEAN community that has no room than those available in their home respect for the hallowed principle of for, and which says nothing about, the country. They will have to be identified non-interference in the internal affairs poor and the downtrodden is a sad

JAN-JUN 2015 | PRAXIS 19 PRESS RELEASES FROM THE BAR

shadow of a caring community. The As Malaysia is a member of the UN member state. What this crisis clearly manner in which this crisis is dealt Security Council, we also call upon shows is that what happens in a with will define ASEAN, and a failure the Malaysian Government to move neighbouring country can, and often to satisfactorily address the problem a resolution for intervention in this does, have cross-border implications. will jeopardise the very integrity of crisis of alleged ethnic cleansing of Whether it is about the haze or ASEAN. Rohingyas from Myanmar. In the past, human rights, it is plain for all to see the UN Security Council had passed that ASEAN’s aim to “prosper thy Malaysians are, by nature, a generous specific resolutions for intervention neighbour” must include intervening people. Blessed with relative peace regarding Mali, Sudan and South in situations in neighbouring countries and prosperity, we have reached out Sudan. It is timely as well for the that have the potential of affecting, in the past and organised flotillas to Malaysian Government to consider even destabilising, the region as assist the Palestinians, and have enacting legislation that will grant a whole. It is myopic to pursue taken in Acehnese and Bosnian recognition for refugees in Malaysia economic progress in ASEAN without refugees fleeing persecution in their and give them legally-mandated seriously considering social and homeland. It is therefore somewhat protection and provision in line with political reforms. perplexing that the same humanitarian international standards. Further, spirit appears to be absent in the Malaysia should also accede to the The Malaysian Bar recognises that this Malaysian Government’s response to 1951 United Nations Convention humanitarian crisis requires prompt the boatloads of Rohingyas coming to Relating to the Status of Refugees and and concrete legal solutions. The our shores. its 1967 Protocol. pain, suffering and loss of life off our shores must end. It is time to stop the The Malaysian Bar calls on the The Malaysian Bar calls on the pretence and the piecemeal measures Malaysian Government to immediately Myanmar Government to put an in this catastrophe, and to put in place engage with the Office of the United end to the stigma of “statelessness” a comprehensive and lasting solution. Nations High Commissioner for and recognise the Rohingyas’ long- The Malaysian Bar stands ready to Refugees here in Kuala Lumpur to put overdue right to citizenship. This lies provide advice and assistance. into place a system of receiving and at the core of this crisis and unless it registering this latest wave of boat is addressed by Myanmar, the exodus people, and to find a place of transition of the Rohingyas is likely to continue Steven Thiru where they can land and their claims unabated. President for refugee status documented Malaysian Bar and determined, followed by either Finally, it is time for ASEAN to do away repatriation or resettlement. with the principle of non-interference 19 May 2015 in the internal affairs of an ASEAN

Eradicate Rampant enforcement agencies throughout the The Malaysian Bar notes that, in Corruption, and Stem country”. NST also stated that the an apparent response to the NST personnel of the enforcement agencies revelations, the Minister of Home the Loss of Lives “were not only on the take, but many Affairs, Dato’ Seri Dr Ahmad Zahid were on the payroll of syndicates Hamidi, reportedly said, “The issue The Malaysian Bar refers to the dealing with drugs, weapons and even of institutionalised corruption, where astonishing article published in human smuggling”. these law enforcement officers know the New Straits Times (“NST”) of the syndicate members well, must be 3 June 2015 that discloses that “a The Special Branch is a unit of arrested once and for all”.2 staggering 80 percent of the nation’s the Royal Malaysia Police and security personnel and law officers at is responsible for collecting and The Malaysian Bar is extremely Malaysian borders are corrupt”.1 assessing security intelligence. It is concerned by this alarming exposé of thus noteworthy that NST states that blatant corruption and other serious NST claims that evidence of this the Special Branch had “over the crimes that implicate our enforcement pervasive and systemic corruption years, shared crucial information with agencies. The Government’s response is found in a “controversial report [the enforcement] agencies. However, has been rather muted and lukewarm, compiled by the Special Branch”, on many occasions, they were not although it has been five days since which is “the result of 10 years of followed through, for reasons known the NST report. It is not every day that covert, deep-cover surveillance only to these agencies that were fed Malaysians are told by the NST that and intelligence gathering by the intel.” the Special Branch has discovered Special Branch at the nation’s such widespread corruption in our border checkpoints, and at different

20 PRAXIS | JAN-JUN 2015 PRESS RELEASES FROM THE BAR enforcement agencies. Yet, apart must be brought to justice without independent, external oversight from reports of the arrest of two delay. There must be no cover-up for, body tasked solely to receive and police officers in connection with or protection of, any wrongdoers. investigate complaints against the the discovery of mass graves, the police. We recognise that there are proposed implementation of a The Malaysian Bar rejects the many good police personnel, and it is rotation system of personnel, and lame excuse given by the Special imperative that their good name not the proposed involvement of the Branch, that the repeal of the be sullied by the misconduct of their Armed Forces in securing the borders, Internal Security Act 1960, and colleagues. little else has been heard in terms of the purportedly ineffective Anti- concrete measures. There have also Trafficking in Persons Act 2007 and The NST report is a crushing been some offensive statements that Security Offences (Special Measures) indictment of our enforcement do not deserve to be dignified with a Act 2012 (“SOSMA”), impeded agencies, and will cause incalculable comment.3 its ability to deal with corruption loss of public confidence and trust in amongst law enforcement officers. them. The horror of the “death camps” The lack of prompt, tangible and There are sufficient provisions in is a belated wake-up call to the decisive action by the authorities is law to enable the Special Branch to Government to urgently address the all the more reprehensible given the discharge its functions. Moreover, the scourge of corruption and to adopt a recent discovery of a reported 139 Special Branch’s responsibility is to zero-tolerance policy towards corrupt grave sites found at up to 28 “death investigate and gather evidence of the practices that have been condoned, camps” in the state of Perlis,4 and commission of a crime, not to decide and have become rampant. The the report that the skeletal remains of whether a prosecution is warranted, or sanctity of life must not be jeopardised 99 victims of human trafficking have likely to succeed. as a result of corruption. been found.5 It is unprecedented in Malaysia’s history to find mass Corruption remains a dire problem in Steven Thiru graves and “death camps”. The report Malaysia. The Global Competitiveness President by NST points to unchecked and Report 2014-2015 by the World Malaysian Bar rampant corruption and crime within Economic Forum (WEF)6 notes that our enforcement agencies, which may corruption remains a key barrier to 8 June 2015 well have been one of the proximate business. It is widely felt that the reasons for this unspeakable tragedy. levels of integrity and transparency in Notes public institutions have not improved, 1 “EXCLUSIVE: 80 pc of enforcers The NST report raises many vexing and a sense of deep mistrust towards manning borders on the take”, New questions that must be answered, the police and enforcement agencies Straits Times Online, 3 June 2015 (accessed on 7 June 2015). including: persists.7 2 ‘“I want army to man borders’: Zahid”, (a) When the Special Branch fi rst The Malaysian Bar reiterates our New Straits Times Online, 3 June 2015 (accessed on 7 June 2015). discovered the commission of call to the Malaysian Government the crimes, and the extent of its to establish a Royal Commission 3 “Shahidan: Turn human traffi cking knowledge; of Inquiry (“RCI”) to investigate the camps into tourist attraction”, The Star Online, 31 May 2015 (accessed on 8 existence of the “death camps”, and (b) The actions taken by the Special June 2015). Branch, including whom it informed, their perpetrators. This catastrophe is clearly the consequence of poor 4 “Horrors unearthed at 28 sites used by and the response received in each human traffi ckers”, The Star Online, 26 enforcement, and the RCI must instance; and May 2015 (accessed on 8 June 2015). promptly determine whether there is a (c) The types and quanta of benefi ts vicious circle of complicity, collusion 5 “Skeletal remains of 99 human traffi cking obtained through the commission victims found”, The Malaysian Insider, 7 and corruption within our enforcement of the crimes. June 2015 (accessed on 8 June 2015). agencies that has caused it. 6 Source: Global Competitiveness Report 2014-2015 (accessed at on 8 June The answers to these — and many The Malaysian Bar also reiterates our 2015). other — critical questions will assist call to the Malaysian Government 7 “Corruption Perceptions Index 2013”, in ascertaining the perpetrators of, to establish the Independent as well as those complicit in, the Transparency International (accessed on Police Complaints and Misconduct 8 June 2015). commission of these crimes, and they Commission (“IPCMC”), an

JAN-JUN 2015 | PRAXIS 21 PRESS RELEASES FROM THE BAR

Press Statements (December 2014 – June 2015)* Title Date

(1) Conduct of Bar Council Annual Election is in Full Compliance with the Law 4 Dec 2014

(2) Halt Court Martial of Major Zaidi Ahmad Pending Judicial Review by High Court 8 Dec 2014

(3) As We Push Forward Abroad, Address the Human Rights Deﬁ cit at Home 10 Dec 2014

(4) Public Forum on Police Accountability in Malaysia, Penang (13 Dec 2014) 11 Dec 2014

(5) Cease Use of Sedition Act 1948: We Should Not Have to Walk on Eggshells in Malaysia 15 Jan 2015

(6) Dato’ Seri Anwar Ibrahim: Prosecuted or Persecuted? 11 Feb 2015

(7) Dato’ Seri Anwar Ibrahim: Didakwa atau Dianiaya? 12 Feb 2015

(8) The Bar is Pro-Rule of Law and Justice, Not Pro-Opposition or Government 26 Feb 2015

(9) Hudud is Unconstitutional, Discriminatory and Divisive 20 Mar 2015

(10) Police Must Respect Constitutional Rights and Uphold the Rule of Law 22 Mar 2015

(11) Investigative Powers of the Police Must Not be Abused to Intimidate, Harass, Oppress and Terrorise 2 Apr 2015

Prevention of Terrorism Bill 2015 Violates Malaysia’s Domestic and International Commitments, is an (12) 5 Apr 2015 Aﬀ ront to the Rule of Law and is Abhorrent to Natural Justice

(13) Detention Without Trial is Oppressive and Unjust, and Violates the Rule of Law (Joint Press Release) 10 Apr 2015

Penahanan Tanpa Bicara ialah Suatu Penindasan, Tidak Adil, dan Melanggari Kedaulatan Undang- (14) 11 Apr 2015 undang (Kenyataan Media Bersama) Amendments to the Sedition Act 1948 are Draconian, Militate Against the Freedom of Speech and (15) 17 Apr 2015 Expression, and Interfere with the Independence of the Judiciary (Joint Press Release) Pindaan kepada Akta Hasutan 1948 adalah Zalim, Memudaratkan Kebebasan Bersuara dan (16) 17 Apr 2015 Mengeluarkan Pendapat, dan Mencampuri Kebebasan Badan Kehakiman (Kenyataan Media Bersama)

(17) Parliamentary Committees Must Be Established to Strengthen the Legislative Process 24 Apr 2015

(18) Right to Peaceful Assembly Rendered Illusory by Arbitrary Arrests and Oppressive Remand Orders 7 May 2015

(19) Rohingya and Bangladeshi Boat People Humanitarian Crisis: Prompt and Concrete Measures Needed 19 May 2015

Malaysian Government Must Bring the "Death Camps" Human Traﬃ ckers and Migrant Smugglers to (20) 28 May 2015 Justice

(21) Eradicate Rampant Corruption, and Stem the Loss of Lives 8 June 2015 *Only highlighted press statements are reproduced in full.

For more press releases, please visit http://www.malaysianbar.org.my/press_statements/

22 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES OPENING OF THE LEGAL YEAR 2015

The Opening of the Legal Year took • Rozaiman Hj Abd Rahman, • Kei-Lin Ting Winarto, Director at place on 10 Jan 2015, at the Ministry of President of the Law Society of the International Department of the Finance Complex, in Putrajaya. Brunei; German Federal Bar.

The ceremony was attended by the • Chia-Chin Lee, President of the A forum in conjunction with the Opening Chief Justice of Malaysia, YAA Tun Taiwan Bar Association; of the Legal Year was held a day before Arifi n Zakaria; President of the Court of the ceremony, on 9 Jan 2015. The Appeal, YAA Tan Sri Dato’ Seri Md Raus • Mark Livesey QC, President of the topic was “Evolving Legal Landscape of Sharif; Chief Judge of Malaya, YAA Tan Australian Bar Association; Social Media”, and the speakers were: Sri Dato’ Seri Zulkefl i Ahmad Makinudin; Chief Judge of Sabah and Sarawak, YAA • John Eades, President of the Law • Hong-Eng Koh, Senior Director, Tan Sri Datuk Seri Panglima Richard Society of New South Wales; Oracle Public Sector; Malanjum; as well as Attorney General of Malaysia, Tan Sri Abdul Gani Patail. • Kelvin Wong, Vice-President of the • Syahredzan Johan, Partner, Messrs Law Society of Singapore; RamRais & Partner; Chairperson, The Malaysian Bar was represented by Bar Council National Young Lawyers its then President, Christopher Leong, • Dhinesh Bhaskaran, Vice-President Committee; and while the Sabah Law Association and of the Inter-Pacifi c Bar Association; Advocates’ Association of Sarawak • YA Datuk Zaharah Ibrahim, Judge, were represented by their Presidents, • Stephen Dreyfuss, Immediate Past Court of Appeal Malaysia. Datuk Nandy Gaanesh and Leonard President of Union Internationale Shim, respectively. des Avocats; The forum was moderated by Brenndon Keith Soh, Partner with Messrs Ronny The “star-studded” ceremony also saw • Fiona McLeod, Treasurer of the Law Cham & Co, and Treasurer of the Sabah the attendance of the following: Council of Australia; Law Association.

• Isomi Suzuki, President of LAWASIA • Than Htay, Yangon Bar Association and Myanmar Bar Association; and

To view the speeches delivered by YAA Tun Ariﬁ n Zakaria, Chief Justice of Malaysia; Tan Sri Abdul Gani Patail, Attorney General of Malaysia; and Christopher Leong, then President of the Malaysian Bar, please visit the following link, and select the speeches you wish to read:

http://www.malaysianbar.org.my/speeches/

To read a version of Syahredzan Johan’s speech in the forum entitled “Evolving Legal Landscape of Social Media”, please click the following link:

http://www.thestar.com.my/Opinion/Online-Exclusive/A-Humble-Submission/Proﬁ le/Articles/2015/01/12/Striking-the- balance-on-social-media/

JAN-JUN 2015 | PRAXIS 23 FEATURES/ARTICLES

24 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES

JAN-JUN 2015 | PRAXIS 25 FEATURES/ARTICLES The Ofﬁ ce of the President of the Malaysian Bar

Section 54 of the Legal Profession Act Secretariat. Oy Sim has been working 1976 states that: at the Secretariat for more than seven years and has served directly with fi ve Section 54. President, Vice- diff erent Presidents thus far. President and Secretary of the Bar As part of this feature on the role of the President, Ding Jo-Ann also interviewed (1) There shall be a President, a three former Presidents — Mah Weng Vice-President and a Secretary of Kwai (2001 to 2003), Yeo Yang Poh the Malaysian Bar to be elected by (2005 to 2007) and Ambiga Sreenevasan the Bar Council from amongst its (2007 to 2009). Their brief take on their members; but no President, Vice- terms as the President is shown in the President or Secretary shall hold boxes found on pages 29 to 34. offi ce for more than two consecutive years, and in the event of any casual Oy Sim provides a quick glimpse at a vacancy arising in respect of the smattering of the innumerable duties offi ce of the President, the Vice- and obligations that the President of the President or the Secretary of the Malaysian Bar undertakes during his or Malaysian Bar, the Bar Council shall her tenure. The list below is undoubtedly at its next meeting or as soon as incomplete, not least because the may be thereafter elect one of its role of the President has evolved, and members to fi ll the vacancy. continues to evolve, over the years:

The fi rst president of the Malaysian Bar: E (2) The President or in his absence Leading the Bar Council and the D Shearn. the Vice-President shall be the Malaysian Bar Chairman of the Bar Council and shall preside at all meetings of the In a nutshell, the President is the principal The Malaysian Bar is a creature of Bar Council and of the Malaysian representative of the Bar Council, and statute established under the Advocates Bar. the Malaysian Bar. and Solicitors Ordinance 1947, which was subsequently repealed by the (3) In the absence of both the The President takes the lead in Legal Profession Act 1976. It is an President and the Vice-President, formulating the stance of the Bar independent Bar whose aim is to uphold the Bar Council shall elect a Council and the Malaysian Bar on a the rule of law and the cause of justice, Chairman from amongst its plethora of issues, and is guided by the and protect the interest of the legal members. foremost purpose of the Bar as provided profession as well as that of the public. in section 42 of the Legal Profession Act In this regard, the President of the 1976, which is “to uphold the cause of The Bar Council comprises 38 members Malaysian Bar is clearly a busy person, justice without regard to its own interests who are elected annually to manage the juggling this role with his or her legal or that of its members, uninfl uenced by aff airs and execute the functions of the practice, resulting in an undoubtedly fear or favour”. Malaysian Bar. The Council consists frenetic schedule. The role has become of the immediate past President and an increasingly high-profi le one, with Given the countless matters of concern Vice-President of the Malaysian Bar, the President frequently being called that call for the Bar’s attention, the the Chairman of each of the twelve upon to attend to a myriad of matters President also establishes priorities for State Bar Committees, one member spanning an extraordinarily wide range the work of the Bar Council, sets the elected by each of the twelve State Bar of issues, particularly those in respect direction, and provides the impetus Committees to be its representative to of the legal profession, and the public for execution and completion. The the Bar Council, and twelve members interest. members of the Bar Council as well elected from throughout Peninsular as of the Bar take their cue from the Malaysia by way of postal ballot. But what does the role of the President President, although there is no lack actually involve? Or, in other words, what of robust disagreement. Presidents The Offi ce Bearers, namely President, does the President really do? In an eff ort receive their fair share of bouquets and Vice-President, Secretary and Treasurer to demystify the role of the President and brickbats, sometimes in equal measure! are elected annually by the Bar Council the tasks and responsibilities associated Opponents, which include disgruntled at its fi rst meeting which is traditionally with it, Ding Jo-Ann ("DJA"), a writer and Members, have even initiated legal held immediately after the Annual former Member of the Malaysian Bar, proceedings against the Bar and the General Meeting of the Malaysian Bar. spoke to Chin Oy Sim, Deputy Chief President, to seek redress for their Executive Offi cer of the Bar Council grievances.

26 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES

Each President assumes the offi ce with tape purportedly showing a his or her own aspirations and goals, The demands prominent lawyer brokering the and leaves a legacy that contributes appointment of judges with a to the rich collective history of the Bar. and expectations senior judge, which revealed The demands and expectations placed serious issues concerning the on the President, and the burden of placed on the appointment of judges; offi ce, are formidable and arduous, even b. The Walk for Freedom on 29 Nov unenviable. President, and 2011, to express its objections to the restrictive provisions We must not lose sight of the fact that the burden of the Peaceful Assembly Act the President serves in a voluntary 2012, which infringes on the capacity, but as indefatigable as he of offi ce, are freedom of assembly; and or she may be, the gruelling schedule c. The Walk for Peace and Freedom leaves little room for legal practice formidable and on 16 Oct 2014, to protest the or even a personal life. He or she is spate of investigations, arrests assisted and supported by fellow Offi ce arduous, even and prosecutions under the Bearers (the Vice-President, Secretary Sedition Act 1948 that occurred and Treasurer), 34 other members of the unenviable. in August and September 2014 Bar Council, almost 50 committees, a and were aimed at stifl ing 100-strong Secretariat, and numerous ~ Chin Oy Sim speech and expression; and Members of the Bar who volunteer their time and skills to serve the Bar. In addition, the Offi ce of the President 5. Proposing motions during receives several invitations for speaking the Malaysian Bar’s Annual Speaking on behalf of the Malaysian engagements — both domestically and General Meetings (“AGMs”) and Bar abroad — throughout the year. Some Extraordinary General Meetings of these are delegated to other Offi ce (“EGMs”) The President of the Malaysian Bar Bearers or to the committees, as the is frequently called upon to speak President’s schedule could not possibly The President is at the helm of such on behalf of the Bar Council and the accommodate the constant deluge of advocacy initiatives and activities. Malaysian Bar, and is vocal in presenting requests. the views of the Bar when the occasion Chairing meetings of the Bar calls for it. Carrying out advocacy on matters of Council, Executive Committee, and concern Offi ce Bearers Since I began working at the Bar Council in April 2008, approximately 315 press The Bar actively engages in advocacy The President chairs a number of statements have been issued, which is on an array of topics of concern, many signifi cant meetings each month. an average of one every eight days! The of which arise from current aff airs press statements are often on matters and/or the proposed amendment or The Bar Council has 38 members, and concerning the rule of law, the public introduction of legislation. A wide range includes representatives from all the interest, human rights, and the legal of approaches is employed for such State Bars. It meets at least once a profession and practice. A quick glance activism, including: month, to discuss matters of relevance at the press statements section of the and concern to the Bar. The Bar Council Bar website will immediately reveal the 1. Submitting memoranda and open also has almost 50 committees and very wide spectrum of issues on which letters to the relevant authorities, task forces to carry out its work on the Bar has made known its standpoint. occasionally in person, as a various areas of practice (ranging from It has also become much more common delegation from the Bar Council; conveyancing law and criminal law, to for the press to pro-actively contact 2. Participating in offi cial and Islamic fi nance law, and shipping and the President to seek the Bar’s views, informal meetings with, and maritime law) as well as areas of interest particularly on current aff airs. providing briefi ngs to, policy and concern (stretching from advocacy makers, government leaders and training and environment and climate The President is the key speaker at stakeholders; change, to rule of law, and human many of the Bar’s major events, as well 3. Organising roundtable discussions, rights). All these committees report as when roadshows are conducted to public forums, seminars and to the Bar Council and raise issues for generate public awareness on matters workshops, in order to consult discussion, decision and/or approval at of grave concern. Two recent examples other stakeholders or raise public the monthly meetings. are the Bar’s nationwide roadshow on awareness; the amendments to the Prevention of 4. Organising public assemblies, of The President of the Malaysian Bar has Crime 1959, and the ongoing state- which there have been three since to undertake adequate preparation, in by-state forums on the Prevention of 2007: order to be well-versed in the issues Terrorism Act 2015 and the amendments before each meeting. He or she will to the Sedition Act 1948. a. The Walk for Justice on 26 take the lead in setting and steering the Sept 2007, which arose out agenda, and set the tone and direction of the release of a video of the meeting.

JAN-JUN 2015 | PRAXIS 27 FEATURES/ARTICLES

Engagement with the Legislature and which is responsible for, among others, In between Bar Council meetings, the the Executive prescribing the qualifi cations required President also chairs meetings of the for admission to the Malaysian Bar as Executive Committee of the Bar Council Various Members of Parliament an advocate and solicitor. (“ExCo”). The ExCo comprises the four occasionally call on the Bar Council to Offi ce Bearers, and all former Offi ce provide briefi ngs on issues with legal Member of the Advocates and Bearers who are currently Bar Council and/or public interest signifi cance, Solicitors Disciplinary Board members are invited to serve as ExCo chiefl y when Bills are being introduced members. There are currently nine in Parliament. Most often, the President Where disciplinary action is concerned, ExCo members, who deal with any heads the team on such occasions. all advocates and solicitors are subject matter referred or delegated to it by the to the control of the Advocates and Bar Council, as well as make decisions Meetings with diff erent ministries, Solicitors Disciplinary Board, on which on urgent matters that arise between and intermittently with the ministers the President of the Malaysian Bar (or Bar Council meetings. themselves, are also commonly fronted his representative) has a permanent by the President. seat. The four Offi ce Bearers meet — along with the Chief Executive Offi cer (“CEO”) Engagement with the diplomatic Member of the Board of Yayasan and Deputy CEO from the Secretariat corps Bantuan Guaman Kebangsaan — at least a couple of times a month, to deal with the management of the Ambassadors and High Commissioners The President of the Malaysian Bar day-to-day aff airs of the Malaysian Bar, based in Kuala Lumpur, or their (along with the Presidents of the the Bar Council and the Secretariat. representatives, pay courtesy calls to Advocates’ Association of Sarawak and Complex or controversial issues that the Bar Council from time to time, and the Sabah Law Association) serve on the require further deliberation are taken up also request consultations with the Board of Directors of Yayasan Bantuan during ExCo meetings, or ultimately at President on matters of concern and Guaman Kebangsaan (“YBGK”), ie the Bar Council level. mutual interest. the National Legal Aid Foundation. The foundation, which commenced Chairing AGMs and EGMs Furthermore, the President habitually operations in April 2012, provides legal receives invitations to attend festive assistance to Malaysian citizens when AGMs and EGMs can be lengthy, lasting or commemorative events hosted by they are arrested, detained and charged up to even eight hours, as evidenced by embassies and high commissions. for a criminal off ence. the most recent AGM on 14 Mar 2015. The President is in charge of presiding Building relationships with Bar Co-Chairperson of the Selection over the meetings, managing the associations and law organisations Committee debate and maintaining order, at times a daunting task in the face of diametrically Over the years, the Bar has forged a With the liberalisation of legal services, opposed views, and strong, vociferous strong bond and relationship with the foreign law fi rms and foreign lawyers are opinions. Sabah Law Association and Advocates’ now permitted to practise in Peninsular Association of Sarawak. We have also Malaysia in the manner set out in the Engagement with the primary established good ties with an increasing relevant legislation. The President stakeholders in the administration of number of foreign Bar associations, law serves as Co-Chairperson (together with justice societies and regional and international the Attorney General) of the Selection law organisations, and continue to enter Committee, whose responsibilities The relationship between the Bar and into Memorandums of Understanding include the consideration of all the Bench has improved over the course with them. applications by foreign law fi rms and of the last few Presidencies, and this foreign lawyers. has seen an increase in the number of The President spearheads the missions meetings held between the Bar Council to Sabah, Sarawak and abroad — such Other matters and the Judiciary, which the President as to attend the Opening of the Legal attends as head of the Bar Council Year in Sabah and Sarawak, Hong Kong, The President’s time and energy are also delegation. and Singapore, and to visit foreign Bar taken up in dealing with a multitude of associations with which we have close unforeseen issues as they arise. These Meetings are also held with the links — as well as the meetings and are matters that cannot be anticipated, Attorney General, and occasionally with events held when delegations from and each President has to deal with his representatives from his Chambers. In these associations visit the Bar Council. or her share. It would take an entire issue early June 2015, the Offi ce Bearers of Praxis in order to provide even an for this term, accompanied by the four Member of the Legal Profession outline of the hotchpotch of challenges former Presidents who are sitting Bar Qualifying Board that pop up ever so often! Council members, paid a courtesy call on the Attorney General and his core The President of the Malaysian Bar, All in all, it is diffi cult to imagine the work team. in his capacity as Chairman of the of the Bar Council and the Malaysian Bar Council, is also a member of the Bar being accomplished in a manner Legal Profession Qualifying Board, that has come to be expected, without the fi rm leadership of the President.

28 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES

Praxis talks to Mah Weng the second, to represent, protect An important guiding factor on what Kwai and assist Members of the Bar; to do as President must be the sense and thirdly, to assist and protect of justice. Something inside you will Mah Weng Kwai (“MWK”) held offi ce members of the public in matters tell you to do the right thing and not as the 24th President of the Malaysian relating to the law. to do something to the prejudice Bar from 2001 to 2003. Prior to that, of others, or that is detrimental he was the Vice-President from 1999 Another role is in disciplinary to somebody’s interest and most to 2001, and the Secretary from proceedings. The Malaysian Bar is certainly, not to do something for 1997 to 1999. a professional body, and the Bar has personal gain. grown to about 16,000 Members MWK was called to the English Bar today. When I was President way DJA: Was there anything as a Barrister-at-Law in 1971, and back in 2001, it was no more than specific you wished to to the Malaysian Bar as an advocate 3,000 to 4,000. accomplish during your term and solicitor of the High Court of as President? Malaya in July 1972. With more Members, invariably there will be more disciplinary problems. MWK: As President of the Bar, I tried In 1973, he joined the Judicial and There will be delinquent Members, to establish more positive interaction Legal Services of Malaysia. He also and there will be many complaints with the Government. Many people served as a Deputy Public Prosecutor about money matters. I think the think of the Bar Council as a non- and Senior Federal Counsel in the role of the President is to make it governmental organisation (“NGO”). Attorney General’s Chambers. very clear that this sort of conduct Worse, some think it is a political is totally unacceptable. There must party. But those who keep abreast MWK obtained his Master of Laws be a very strong message sent to with what’s happening will know degree with Honours in 1985 from Members of the Bar that we must that the Bar Council is not a society the University of Sydney, Australia maintain our professional ethics at registered under the Societies Act, and in 1999 was appointed a Fellow all times and there must be 100% and certainly not a political party. of the Senate of the University of honesty in all matters. The Bar Council addresses many Sydney. issues which are of a political nature The other important role of the but it is not a political body. He left the Judicial and Legal President is as a member of the Services in 1985 and commenced CLP (Certifi cate in Legal Practice) I think it is important that people private practice as an advocate and Qualifying Board. The Qualifying in the Government change their solicitor. Board is tasked with maintaining the mindsets and view the Bar as an standards of those who qualify to be independent professional body and MWK is a past President of the Law Members of the Bar. The President not an anti-government organisation. Association for Asia and the Pacifi c has an important role to play Once the Government recognises (“LAWASIA”). here because at Qualifying Board that the Bar has a role to play, that meetings, the President will have it is independent and that we share On 4 Jan 2010, he was appointed a the opportunity to comment on the common ideals but perhaps with a Judicial Commissioner of the High current standards of legal education. diff erent approach, then the public Court of Malaya and on 10 Aug 2011, interest will be better served. a Judge of the High Court of Malaya DJA: How did you know what in Kuala Lumpur. He was elevated to to do as President of the The President has a signifi cant the Court of Appeal of Malaysia on Malaysian Bar? role to play in the appointment and 21 Sept 2012. promotion of judges. MWK: I belong to the old school and MWK became a consultant to a law I think it is important that an Offi ce DJA: Do you think the role of fi rm after his retirement as a Court Bearer — meaning those who hold the President has changed/ of Appeal Judge in February 2015. the top four posts of President, Vice- evolved over the years? If so, He is on the Kuala Lumpur Regional President, Secretary and Treasurer how? Centre for Arbitration (“KLRCA”)’s — should have hands-on experience panel of arbitrators and is a certifi ed and rise through the ranks. It is MWK: I think the role of the President mediator of the Malaysian Mediation good if a President starts fi rst as has changed today because of the Centre. Secretary, or better still, as Treasurer, numbers. The majority of Members and works his or her way up the are young men and women below 35 DJA: What do you think are the ranks. Then over time, he/she will years old. With the dare and dash of three most important roles of really get to know the problems and youth, they are more physical, more the President of the Bar? have a better idea on how to solve demanding, and they want quick those problems. I started off as a action and immediate results. MWK: As President, the fi rst role Secretary. would be to uphold the cause of During my time and earlier, people justice without any fear or favour; would probably be slower to have

JAN-JUN 2015 | PRAXIS 29 FEATURES/ARTICLES

a march. We did have one, many DJA: What did you find most YYP was commissioned by the years ago, about lawful assembly. challenging about being the International Bar Association But since then, until the 2007 Walk President? What did you find (“IBA”) in two international fact- for Justice, there was none. Perhaps most rewarding? fi nding missions; one in Sri Lanka, in those days the issues were not so and the other in Egypt, and co- hot and burning as they are now or MWK: The biggest challenge was authored the resultant two reports the demand by the younger group always to fi nd consensus on major — Justice in Retreat: A report on the was not so vocal. But now, you have issues and to keep the balance in independence of the legal profession this large number of young people, the face of diff erences of opinion. and the rule of law in Sri Lanka who want to see action, and talking It is rewarding to know that the Bar (2009), and Justice at a Crossroads: about the issues is not good enough. has grown in strength. I think the The Legal Profession and the Rule of Presidents after me have done a Law in Egypt (2011). So that’s why, whoever is the marvellous job. Without mentioning President should be prepared to anyone in particular, they have really He is presently the Chairman of the take off his/her jacket, roll up their highlighted the role of the President Planning Appeals Board in Penang. sleeves, and be ready to march and signifi cantly. More and more people be prepared to be arrested! know what the Malaysian Bar DJA: What do you think are the stands for. Being prepared to make three most important roles of DJA: What would you wish statements and to put on record the the President of the Bar? Members of the Bar to Bar’s stand on many issues is really know about the office of the important. Such statements do not YYP: The fi rst one would be to President? only go to the local press but also to strengthen the two institutions that international law organisations. are dearest to lawyers, namely the MWK: I would say to Members: give Bar and the Judiciary. your considerable support to the Bar I also fi nd it rewarding when years on, Council and President. Not blind people still come up to me and ask The second would be to promote support but considerable support. “Weren’t you the former President of fundamental freedoms that are There should be unity in the Bar, the Bar?” and thank me for the work necessary to allow the proper speaking with one loud voice and done by the Bar Council. It is a role functioning of democratic knowing that the President is there to that stays with you and that you can institutions. This role is actually represent your best interests and the learn a lot from it. related to the fi rst because without public interest without fear or favour. all these freedoms, you cannot Members should do the right thing strengthen the institutions of the Bar by making sure their houses are in Praxis talks to Yeo Yang Poh and the Judiciary. order, and not breach the rules. Yeo Yang Poh (“YYP”) took offi ce as Thirdly, because we are a body of In other words, I would like Members the 26th President of the Malaysian Bar lawyers, I would say the role of the to run a tight ship, professionally. in 2005, and served in this capacity Bar, and the President as its leader, That they represent their clients’ until 2007. Prior to that, he was the is to continuously promote good interests to the best of their ability Vice-President from 2003 to 2005. laws and eradicate bad laws. By and do their job well in court. that, I mean good laws that are fair Having been in active practice and that promote democracy and It is important to ensure that since 1984, YYP has undertaken freedom, and bad laws that tend to discipline is good at all times. One litigation work of a diverse nature. do the opposite. must understand that the Bar is not He is also experienced in handling a social organisation; it is not just conveyancing, commercial and [There are also many other daily for annual dinners, big walks and corporate matters. For the last 16 functions that the President has to treasure hunts! It is a professional years, his main focus has been in do] … like educating the public about body and therefore, the conduct of civil litigation, particularly in the various legal issues. This includes Members is important. areas of contract; tort; company and issues on their rights and also issues commercial disputes; land matters; concerning the independence of the Of course there is always room for planning law; and administrative law. Judiciary and the Bar. dissent. If anyone is unhappy, they He is also a qualifi ed mediator. may raise it at the AGM (“Annual The President has to answer queries General Meeting”) or call for an EGM YYP has written numerous articles from the press, which is also (“Extraordinary General Meeting”) on various subjects of law, which important, as it is related to public and voice their dissatisfaction. have been published in journals. He education and the promotion of has also penned many articles on good laws. societal and human rights issues, which have appeared in both the There must be constant dialogues electronic and print media. and consultations with Members and the head of the Judiciary, which

30 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES unfortunately, in this country, is far its own. It didn’t really join hands Today, there are many more issues, from as frequent and as consultative with other organisations, or NGOs, and the expectations are much as it ought to be. The Bar has except perhaps in organising certain higher, which is not a bad thing — continuously tried to suggest ways academic seminars. Apart from it’s a good thing. It is testimony of to improve how things are done that, at that time, the Bar was careful the good work that a long string concerning the Judiciary and so on; about joining hands with other of Presidents have done in the but in the recent past, many of our organisations and NGOs in making past, that the expectations of the suggestions have not been taken up. statements, and in promoting certain Malaysian public on the Bar and its views and positions. President are very high nowadays. There is also the matter of the We are expected to have “an answer continuing education of lawyers. If I consciously tried to change that, to everything”, and suggest a way to you want a good and independent because I felt that the Malaysian Bar solve everyone’s problems. Judiciary, at the same time you must was just one organisation amongst have a Bar that is independent and many in our society, and I could The ways in which the Bar and the of high calibre. Education includes not see why we should adopt the President interact with government not just on the law; but also on policy that “everything we want to agencies (such as the police), the professional ethics and human rights do, we would do it alone”. I think press, and the public at large, have and so on. the Bar since then has been much changed. There’s certainly more less “elitist” in this sense. It is now interaction now, especially with the DJA: How did you know what quite common for the Bar to lend press. For example, the President to do as President? Was there their voice, together with other now receives calls from the press a manual, a job description, organisations. almost every day. It wasn’t like this someone that briefed you on 20 years ago. It’s a good thing, in a your role? I also wanted to modernise the [Bar way, it means they value our views, Council] Secretariat; to make it more and we can play a bigger role in YYP: There is no manual, you just effi cient, more transparent, and shaping opinions. But of course, have to employ whatever you have more empowering to the staff who it makes the task of the President learned in your life up to that point work in the Secretariat, so that they much more onerous. in time; and continue to learn on the see that it is actually a career rather job as you go along. My fi rst post than just a job. I think I had made DJA: What would you wish on the Bar Council was as the Vice- some headway there. Members of the Bar to President for two years, and then as know about the office of the the President. Issues where I didn’t succeed, even President? though I tried very hard — fi rst thing DJA: Was there anything that comes to my mind would be YYP: I think the most important specific you wished to advocating for the formation of the thing is for Members to know that accomplish during your term Independent Police Complaints and their support is very crucial to any as President? Misconduct Commission (“IPCMC”). President. Each time there’s an The Bar and I put a lot of eff ort into important issue, Members of the Bar YYP: Most Presidents will start this at the time, because it was one would come forward to support. But off with some items that he or she of the biggest issues when I was most of the time, it’s only about 10 wishes to push forward. It would not the President. Unfortunately, until to 15% of our membership. I think be good for any President to go into today, it has not been successfully the Bar would be much stronger, and offi ce without any idea of what he or set up, and that’s something I did the voice of the President would be she hopes to do for the Bar. not manage to do despite putting in much more powerful, if instead of 10 what I thought was my best eff ort. to 15%, you have 50 to 60% of the So there were certainly some things Members coming out in support. that I wished to do, although I did not DJA: Do you think the role of succeed in “accomplishing” all of the President has changed/ I think a lot of Members do not them. It’s a bit diffi cult for a person evolved over the years? If so, realise that this kind of support is to tell others about what he thinks how? what gives our collective voice its he has succeeded in doing. That’s power. more for others to judge. YYP: I do not think that the role has changed. I think other things have DJA: What did you find most I’ll put it in a diff erent way — from changed surrounding the President. challenging about being my own standpoint, I think I had For example, what is expected of the President? What did you find more successes in certain issues President of the Bar has changed most rewarding? than in others. For example, I a lot. And the ways in which the wanted to make the Bar less “elitist”. President would go about playing YYP: What was challenging was Before my time, the Bar had quite his or her role today have changed, attempting to change the mindsets consistently taken the position that, compared to 20 years, or even 10 of various people. It can be the whatever the Bar did, it did it on years, ago. mindsets of our own Members, of the

JAN-JUN 2015 | PRAXIS 31 FEATURES/ARTICLES

staff at the [Bar Council] Secretariat, she was conferred an Honorary the public, on matters involving the or of government offi cers, judges, Doctorate of Laws (“Hon LLD”) by law and the rule of law. ministers, or the police. How do you the University of Exeter for her work go about doing that? Even if there is in advancing human rights; and in DJA: How did you know what a societal shift, it would take years, if September 2011, she was awarded to do as President of the not decades, to change mindsets. It the Chevalier de Legion d’Honneur Malaysian Bar? is extremely challenging. (Knight of the Legion of Honour) by the Government of France. AS: I always tell Presidents who What was rewarding was what I had come after me that there is nothing mentioned just now. There are a AS is active in civil society initiatives, that prepares you for that role. Even lot of opportunities in the job for a and served as Chairperson, and later being Vice-President (“VP”) doesn’t President to emerge as a stronger Co-Chairperson, of the Coalition for prepare you. I was VP for two years. and better leader at the end of the Clean and Fair Elections (“BERSIH You learn while [being a] VP, and job compared to when he or she 2.0”) from 2010 until 2013. you can observe what the President started. It is also rewarding to is doing, but unfortunately, being experience the warm support of She is currently the President of President is very diff erent. When Members, especially if you see them HAKAM, the National Human Rights you step into the position, you hit the turning up, including those who Society. ground running. are not personally known to you, in hundreds or thousands, to support DJA: What do you think are the There is no time to get used to the a particular cause that you have three most important roles of offi ce, you learn on the job because advocated as the President. That’s the President of the Bar? it’s a dynamic situation. No one very rewarding, and very humbling. stops and waits for you to get used AS: The fi rst important role of to the offi ce. There is no training the President is to safeguard the — the only training is working with Praxis talks to Ambiga legal profession. By that, I mean the President, if you were VP. It is Sreenevasan safeguarding all the aspects of a convention that the President is the legal profession as provided someone who has previously served Ambiga Sreenevasan (“AS”) served for under the Legal Profession Act as the VP, but that is not cast in as the 27th President of the Malaysian 1976 (“LPA”). This includes our stone. There have been many cases Bar, from 2007 to 2009. Prior to that, role to ensure compliance with the where the VP does not eventually she was the Vice-President from rules under the Act and to ensure become President. 2005 to 2007, and Secretary from that we have the highest standards 2004 to 2005. of integrity amongst members of Nevertheless, you are also guided the profession. Part of this is also by precedent and previous positions AS was called to the Bar of England to ensure that the public interest is taken by the Bar on any given issue. and Wales in 1980. She had the protected in the manner in which opportunity to work in two London we carry out our practice. There are DJA: Was there anything fi rms before being admitted as an many schemes in place to safeguard specific you wished to advocate and solicitor of the High the profession and the public such accomplish during your term Court of Malaya in 1982. as insurance and compensation as President? schemes. And there is a separate She has experience in a wide array disciplinary body, which deals with AS: I remember when I came in as of civil, commercial and corporate complaints. So, our fi rst priority President, I had a list of things that litigation matters. Specialising in is to ensure the legal profession I wanted to achieve. I tried to do commercial, intellectual property upholds the highest standards of what I had planned to, but you can and industrial law matters, she has professionalism. get very distracted along the way the distinction of numerous reported because things are happening and cases at the High Court, Court of Then, there is section 42 of the changing in the country and within Appeal and Federal Court. LPA which sets out the objects and the profession which requires your powers of the Bar. This includes immediate attention. AS is often called upon to speak at upholding the cause of justice local and international conferences without regard to our own interests, For example, during my time, we had that tap into her expertise regarding uninfl uenced by fear or favour. the Walk of Justice in response to the specialised areas of the law. Without a doubt, there is a public serious issue of the Lingam video. duty for the Bar to speak up on It’s something you can’t anticipate. Her track record in championing public interest and rule of law issues, human rights and democracy led to and I think we have done that. This I believe that if you can get 10 to 20% international recognition: in March is our duty to the public. of your list done, you have done well! 2009, she received the US Secretary of State’s “International Women Three, would be the education of our of Courage” award; in July 2011, Members as well as the members of

32 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES

DJA: Do you think two years So anyone Although it was 20 years since is a long-enough term for the the 1988 judicial crisis, we were President of the Malaysian heading the determined to correct a grave wrong Bar? perpetrated against these judges Bar, will have and the entire administration of AS: Two years is more than enough justice. While we were talking about for one’s health and sanity. [laughs] to be totally that, the 2008 general election took place, and [Dato’] Zaid Ibrahim came I think [having a two-year limit] is transparent. That in as a minister. Credit must be a very good thing. Any amount of given to him as he raised the issue time never seems enough, which is is the way the of the 1988 crisis with the then- why it has to be stipulated. I think it Prime Minister Tun Abdullah Ahmad is such a good system because no Bar runs. This is Badawi. Credit is also due to Tun one can hog the post for too long. Badawi, when he offi cially expressed However good you are, the next precisely why we regret for what had happened. It person who comes up is given a was a very big step. For me, even if chance, and they have always risen fi nd it diffi cult to it was 20 years later, it was important to the occasion. to confront and acknowledge the accept anything wrongs of the past so that we could I will tell you why Presidents always build the future. rise to the occasion. It is because less in the they are constantly accountable to DJA: Do you think the role of the Members and the public. There leadership of the the President has changed/ is no question of power over your evolved over the years? If so, Members. In fact, we are all a little country. how? scared of our Members [laughs]. They do not hesitate to query you ~ Ambiga Sreenevasan AS: It’s getting tougher and tougher. and the decisions made by the When our democracy is under Council. That is the beauty of the threat, the role of the Bar becomes Bar; they are not afraid to query I wanted to encourage more tougher but more crucial. Look at and challenge their leaders. So for professional development and that the number of oppressive legislation me, if you want to see democracy in is something that has grown over the that has recently been passed that action, you should come to the Bar. years. This was a process, and a lot have interfered with our fundamental Some of the most trying moments of work had been done before me liberties. The President of the Bar are when you are chairing a Bar in this area. The current President, has had to deal with all those new AGM because you will get all kinds Steven Thiru has worked for many laws being introduced. He needs to of things thrown at you. years to enhance professional study the legislation and state the development. Bar’s position. Deliberate transgressions and things aff ecting integrity, are not tolerated I was also very keen on the Legal When it comes to the law, the Bar is at the Bar. So anyone heading Aid Foundation and Ragunath in the best position to comment and the Bar, will have to be totally Kesavan saw that through during his educate the public as to its eff ects. transparent. That is the way the Bar Presidency after me. You can also see the way in which the runs. This is precisely why we fi nd law is developing where the Federal it diffi cult to accept anything less in For me, one of the most signifi cant Constitution is being challenged in the leadership of the country. events during my time (apart from ways that it has not been in the past. the Walk of Justice) was the re- I see this is an increasing trend. The DJA: Was there anything on examining of the events of the 1988 public then very often turns to the your list that you did manage judicial crisis on its 20th anniversary, Bar for their views. In one sense the to do? ie 2008. No one was prepared to role of the Bar as defender of the reopen it or to re-examine what was rule of law has not changed. But the AS: Seeing the Judicial Appointments clearly recognised as a travesty. extent and complexity of the issues Commission set up was one of those The Bar, together with LAWASIA, have increased dramatically. things. This is something the Bar IBA’s (International Bar Association) Council was working on even before Human Rights Institute and DJA: What would you wish I became President. Christopher Transparency International Malaysia, Members of the Bar to Leong was heading that project therefore proceeded to appoint our know about the Office of the and we fi nally managed to get it own panel of eminent persons and President? through. That was after the Lingam they looked into the 1988 crisis and video emerged and after the Walk of issued a report. They found that the AS: Members need to know that it is Justice. previous decision, which resulted in a lonely job. The buck stops with the the judges’ sackings, were wrong. President. You have to be careful

JAN-JUN 2015 | PRAXIS 33 FEATURES/ARTICLES

that everything that you say is legally Having said that, Members must up of the Judicial Appointments correct. You have to be fair in your know we also have a statutory duty Commission. It happened, maybe statements. When statements are to speak up on public interest and not in the form that we wanted, but made, a lot of research goes into it. rule of law issues. it happened. And also, the 1988 judicial crisis report. When you see We do not just have to deal with DJA: What did you find most that positive change has happened issues in Malaysia, we also have to challenging about being because of something the Bar has develop our international contacts. President? What did you find done, that is really fulfi lling. Being The President is invited to many most rewarding? able to reach out to our Members functions overseas where you was also fulfi lling. I remember I represent the Bar. During my time it AS: What I found challenging was started this walkabout, we went to was less so, but there is more and standing up to the powers that be as many states as we could to meet more of that now. and still maintaining a position, as many lawyers. So getting in knowing that it will not go down well touch with the Members, connecting What I would like Members to know with many. with them, and hearing them out, to is that it is not an easy job. I think me that was very rewarding. they probably know that already. But you draw strength from the fact You do get disgruntled Members that many illustrious Presidents Most rewarding, however, is how who say the Bar is spending too before you have done it. I have said much you learn in the two years much time on public interest issues before in a speech, all I did was you are the President. Your legal and not enough time on the Bar. stand on the shoulders of giants. expertise increases, so do your That is what is wonderful about the diplomacy skills, your knowledge on What I would like them to know is that Bar — the example that was set by human rights issues, professional they are never forgotten. They are the all those that came before us. You practice at home and abroad, people fi rst item on the agenda. We have an want to live up to that standard. skills, and communication skills. entire administrative set-up to look And it is a sharp learning curve. In after the interests of the Members of It is challenging, always having to my view, once you have been the the Bar. When I say interests, it does soldier on, despite knowing that you President of the Malaysian Bar, you not mean protecting them when are making enemies while standing will be able to face anything. they do something wrong. Interests your ground. The test is always to in the sense of helping them to be act according to the law, and the better lawyers, making them better standards of the Bar. The rule of law, Ding Jo-Ann equipped. That’s what I would like the independence of the Judiciary, Writer; Former Member of the Members to know. We are looking those things never change. So, we Malaysian Bar out for them. We have to look out act within those limits. for them. Chin Oy Sim/Baizura Abd Razak There were so many fulfi lling Bar Council moments. For example, the setting

Nine past Presidents posing for a photo with Kamal Malhotra, then-United Nations Resident Coordinator for Malaysia, during the symbolic presentation of the United Nations Malaysia “Organization of the Year 2012” Award to Lim Chee Wee (three from right) at the Malaysian Bar Annual Dinner and Dance 2013.

L to R: Yeo Yang Poh, Ragunath Kesavan, Ambiga Sreenevasan, Hendon Hj Mohamed, Chan Hua Eng, Christopher Leong, Kamal Malhotra, Lim Chee Wee, Mah Weng Kwai, Kuthubul Zaman Bukhari.

34 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES

Presidents’ Roll

NO NAME TERM (16) S Theivanthiran 1989 – 1991 (1) E D Shearn 1947 – 1952 (17) Manjeet Singh Dhillon 1991 – 1992 (2) R Ramani 1953 – 1960 (18) Raja Aziz Addruse 1992 – 1993 (3) Morris Edgar 1960 – 1961 (19) Zainur Zakaria 1993 – 1995 (4) R Ramani 1961 – 1963 (20) Hendon Hj Mohamed 1995 – 1997 (5) S M Yong 1963 – 1964 (21) Cyrus V Das 1997 – 1999 (6) R R Chelliah 1964 – 1973 (22) R R Chelvarajah 1999 – 2000 (7) Chan Hua Eng 1973 – 1974 (23) Sulaiman Abdullah 2000 – 2001 (8) VC George 1974 – 1976 (24) Mah Weng Kwai 2001 – 2003 (9) Raja Aziz Addruse 1976 – 1978 (25) Kuthubul Zaman Bukhari 2003 – 2005 (10) Abdullah A Rahman 1978 – 1980 (26) Yeo Yang Poh 2005 – 2007 (11) G T S Sidhu 1980 – 1982 (27) Ambiga Sreenevasan 2007 – 2009 (12) S Sivasubramanian 1982 – 1984 (28) Ragunath Kesavan 2009 – 2011 (13) Ronald Khoo 1984 – 1986 (29) Lim Chee Wee 2011 – 2013 (14) Param Cumaraswamy 1986 – 1988 (30) Christopher Leong 2013 – 2015 (15) Raja Aziz Addruse 1988 – 1989 (31) Steven Thiru 2015 –

There are currently 17 living past presidents — 16 of whom are still practising, and four of whom are based outside of the Klang Valley.

National Young Lawyers Committee

Co-Chaipersons : Syahredzan Johan Ida Daniella bt Zulkiﬁ li Deputy Chairpersons: Koh Mei Hui Yeoh Tung Seng Vivekananda s/o Sukumaran Oﬃ cer-in-Charge : Parvinder Kaur Harbindar Singh

The functions of the National Young Lawyers Committee (“NYLC”) are as follows:

• Provide a platform for young lawyers to voice their opinion on current issues including, but not limited to, issues relating to the legal profession; • Facilitate the professional development of young lawyers; • Strive towards improving practice conditions at the Bar in order for Members to fi nd fulfi lment in active practice; • Promote understanding and intellectual development of the law; and • Nurture young lawyers who are responsive and understand the needs of Members of the Bar, and who will uphold the cause of justice, uninfl uenced by fear or favour.

NYLC has over the years carried out various activities to facilitate the professional development of young lawyers, such as training for lawyers on the Sedition Act 1948, moot camp for law students, and Siri Pemikiran Kritis to promote discussion on civil liberties.

NYLC’s ongoing project is a campaign to abolish the 66-year old Sedition Act 1948. Known as #MansuhkanAktaHasutan and launched on 4 Sept 2014, the campaign aims to pressure the Malaysian Government to fulﬁ l its promise to repeal the Sedition Act 1948.

JAN-JUN 2015 | PRAXIS 35 FEATURES/ARTICLES Interview with Christopher Leong, 30th President of the Malaysian Bar 2. What are the strongest memories of your childhood?

I was accident-prone as a child.

I lived in Falim until I was about three years old, and moved to Ipoh thereafter until six years old. I remember that we had a dog, an Alsatian. I used to run out of my house in Falim to play at the playground across the road next to the railway tracks. My grandmother and one aunty would be at home, but the dog was my companion every day while the other adults went about their business.

When I was about one-and-a-half years old, I had to have my stomach pumped. I was left to play by myself in the front yard, and foolishly started chewing on our dog’s rusted metal leash. My parents found me turning green in the middle of the night, and immediately rushed me on my father’s motorcycle to Christopher Leong a doctor who fortunately had the right equipment to pump my stomach. My father was informed by the doctor that Christopher Leong took offi ce as the Law and Legal Studies (“I-CeLLS”). I would have died had he waited till the th 30 President of the Malaysian Bar on morning. 16 Mar 2013. By way of introduction, What follows is an exclusive interview Christopher Leong graduated in which took place towards the end of At age about two to three years, I found 1984 with a Bachelor of Arts degree, 2014, between Christopher and Ding my dog one day in a fi ght with another majoring in Economics and Philosophy Jo-Ann, a writer and former Member of dog in the playground and I went to from Monash University, Australia, and the Malaysian Bar. Christopher’s term help him. I picked up a stick and got completed reading law at the University as President ended on 14 Mar 2015. involved. My dog ran home while the of Nottingham in 1988. He was called other dog jumped on me and bit a chunk to the Bar of England and Wales in 1989 1. Where were you born and out of my forearm. I remember walking and was admitted as an advocate and where did you grow up? back holding my forearm, and there was solicitor of the High Court of Malaya in a pool of blood where the fl esh had been 1990. I was born in 1962 in Ipoh, Perak but taken out. I was rushed to the doctors lived at that time in a small town called and stitched up. Till this day I have a Christopher has experience in the fi elds Falim on the outskirts of Ipoh. There faint scar on my forearm. of corporate and commercial litigation, were no hospitals in Falim, it really was shareholders’ disputes, banking a one-street town back in the day. I grew up with that scar and carried a litigation and insolvency. Additionally, fear of dogs for many years, till I was he practises in the areas of constitutional There were shophouses fronting the about 12 or 13. I was living in SS3 and administrative law. main trunk road and behind them, was Petaling Jaya by then, and I would a row of one-storey terrace houses. In constantly be late for dinner because In addition to his involvement with front of the houses was an open area I would take the long way home if I the Bar Council and Malaysian Bar, which the residents converted into a encountered a dog on the road. One Christopher is also the Vice-President playground, and beside that were the day, I decided I had to overcome this of the Law Association for Asia and the railway tracks. At the end of the row fear so I carried on walking upon seeing Pacifi c (“LAWASIA”), a member of the of terrace houses was the wet market. a dog. Sure enough, the dog barked editorial advisory board of All Malaysia And that was Falim. If you were driving and lunged towards me. I got down on Commercial Reports published by Sweet along the main road and you sneezed, my knees, stood my ground preparing to & Maxwell Asia, and an executive board you would miss it. It was a very small wrestle with the dog and growled at it. member of the International Centre for place.

36 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES

Eventually, the dog was a bit confused, My father is a typical parent who worked decided it was too much trouble and I had intended 16-hour days and denied himself luxuries turned away. From that day onwards, I and pleasures to ensure his children had lost my fear of dogs. to apply for and the best opportunities he could aff ord. pursue a legal He said he didn’t want to spend all that As a kid I was always made to take money sending me abroad for me to an afternoon nap, probably to give my career as a deputy qualify as a researcher or lecturer. As parents some respite. At about age I didn’t know at that stage what else I four, during my scheduled nap time, I public prosecutor wanted to do, he fi lled up the application was instead playing Superman on my form for me — Economics. He had bed. I tied a small blanket as a cape or federal counsel gone into business by then. So three and launched myself off the bed, landed months before the HSC exam, I dropped with my jaw hitting my knees and almost as a way to serve Chemistry and took up Economics, severing my tongue. I was rushed to the and ended up in Monash University in hospital and had my tongue stitched. the country. Melbourne reading Economics.

By the time I was about fi ve years old However, the 1988 5. And did you enjoy reading I was playing imaginary submarine Judicial Crisis Economics? games. I took the curtain rail and inserted one end into the wall socket to which saw the It was not my cup of tea. Maybe because fi re torpedo one and inserted the other my brain wasn’t wired in that way. Within end to fi re torpedo two and pressed the tribunalisation and the fi rst month, I signed up for Philosophy switch. There was a loud explosion, the and it opened the door to an entirely new wall socket was completely burnt and “prosecution” of world. It taught me the thinking process melted, and I was sent to hospital to be and that there may not be only one treated for electrocution. our Supreme Court correct answer to every question. There could be multiple possible answers, 3. Are there any stories that you judges changed and that is not a failing in our intellect hold on to from your family? but recognition that a matter can be my mind. approached from diff erent perspectives. My father’s side of the family was big. The most counter-productive thing one He had 11 siblings and he was the became one of their chief instructors. I could do is to approach any matter youngest. My paternal grandfather was used to hear many stories about him in a rigid manner. That is how I ended a clerk and it was a challenge making and I grew up wanting to be a pilot. He up graduating with a double major in ends meet. My father told us of how as is still hale and hearty at the age of 95. Economics and Philosophy. a young boy he would attend school in the morning and was a street vendor in 4. What happened to becoming 6. So, how did you end up as a the afternoon to help the family fi nances. a pilot then? lawyer? There were many stories told to us by our elders, and most of the stories were My father happened. All through My father intended for me to pursue about the value of hard work and dignity secondary school, I told my father I a Master of Business Administration in honest labour. We are able to trace wanted to be a pilot. I was in the science (“MBA”) in the United States (“US”) after our family tree to 1307 through a written stream and I enjoyed Physics, Maths Monash. It was all the rage then. That record kept by monks at a monastery. and Biology immensely. I enjoyed them was not good news for me, it was just a All members of the Leong family since so much I would read ahead. So when continuation of something I did not have 1307, including me, are found in that I was in Form 4 or 5, I would be reading an interest in. I fi nished my degree at the record. the Form 6 books. end of 1984 and had about nine months, which I spent working at my father’s On my mother’s side, they were When I fi nished Form 5, I told my dad cafe in Sungei Wang Plaza, before the shoemakers in Ipoh. I used to go to my I was going to enrol myself into pilot term started in the US. maternal great-grandfather’s shoe shop school and he said no. He wanted in Ipoh town, and sometimes spent me to do my Higher School Certifi cate Two weeks before I was due to leave for time there watching elderly Chinese (“HSC”) and go to university. After that, the US, I had drinks with a friend from craftsmen making leather shoes from he said, if I wanted to be a pilot, I could Monash, Ravi Navaratnam, who was scratch. go ahead. taking night classes for an LLB degree. He told me, “Chris, if you don’t have My great-grand uncle Ho Weng Toh So I did the Victorian HSC at Taylor’s an interest in pursuing this line, why was a bomber pilot and fl ew with the College because it was intended that don’t you consider law?” I remember Flying Tigers during the Second World I study in Australia. I continued in the it was a Friday. I thought about it over War. I call him Grand Uncle Winky. After sciences, and when it was time to apply the weekend, and on Monday, I asked World War II, he became a commercial for my university course, I fi lled in Bio- my father, “I really don’t want to spend pilot and fl ew for Malaysia-Singapore Physics in the application form. Again, another two years doing something I Airlines, and later Singapore Airlines. He my father objected. don’t have an interest in, can I instead

JAN-JUN 2015 | PRAXIS 37 FEATURES/ARTICLES

read law?” He said okay. My father is law there. So the next morning, I took a to Malaysia. I am a Malaysian, this is a traditionalist — you either be a doctor, train to Nottingham. By the time I found my country and home and I wanted to lawyer, accountant, engineer or go into the university’s law faculty, everyone contribute. Malaysia was then only 26 business. was out for lunch. I walked around years old. I had intended to apply for and happened to pass a door that said and pursue a legal career as a deputy 7. And then what happened? “Dean, Law Faculty”. I took a chance public prosecutor or federal counsel as and knocked, and the dean was having a way to serve the country. However, I found out I was too late to apply to a sandwich lunch in his offi ce. the 1988 Judicial Crisis which saw the the United Kingdom (“UK”) through tribunalisation and “prosecution” of our the Universities Central Council on I don’t know whether the Dean thought Supreme Court judges changed my Admissions (“UCCA”) system, but I was that such incidents were very normal mind. At that time, I fi nished my third determined to start that year. I obtained or he was intrigued by my story, but he year at the University of Nottingham and a visa by applying to a private college invited me into his offi ce for a chat. After started the Bar course in London. — Holborn Law Tutors — and I fl ew to some discussion, he asked whether I London. After checking into a bed and was willing to sit for an entrance exam. Thus, I opted to forge a career in private breakfast upon arrival, I went straight I said yes, and he fetched an exam legal practice when I came back. I found

Christopher Leong leading Members of the Bar at the Walk for Peace and Freedom, on 16 Oct 2014 (Photo by Mohamed Azinuddin, Malay Mail)

to a red London phone booth, grabbed script with four questions. He left me in myself in a law fi rm which believed in the phone directory and started calling a room for three hours to complete the values, principles and the rule of law. up universities asking whether I could exam. Five days later, I got a call and However, in my fi rst few years as a apply for a place. Most said I had to Nottingham off ered me a place, which I lawyer, I was not much involved in the use the UCCA system and they would subsequently took up. Bar’s activities. Like most lawyers, I was consider me for the next term. But three determined to learn as much as I could were willing to see me — East Anglia, It was circuitous and by chance that I did to become a sound commercial lawyer. Southampton and Leicester. So, the law. I didn’t realise that I would have an Working long hours on weekends and next day, I took a train up to Leicester interest in law. I did it because I did not public holidays was the norm. and met with the dean of the law school. wish to continue reading Economics. It I was off ered a place to read law and was purely by chance that I found out This continued until as a young lawyer, came back happily to London. that law was my calling. I met Raja Aziz Addruse. We got along very well. He always had time for young That night, I met a friend and some 8. How did being a lawyer fit in lawyers. He involved me in some of his other Malaysians for dinner and in the with being a Malaysian and a public interests cases. I used to junior course of the night, I was told that if I citizen? for him and we would meet to discuss had gone a little further, I would arrive cases we were undertaking as well as at the University of Nottingham, which Although I spent quite a few years things in general. The senior partners of has a good law school, rated top fi ve in in Australia and England, I was my law fi rm were supportive of this, and the UK and that Sultan Azlan Shah read always certain I would come back encouraged its lawyers to undertake

38 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES pro bono work, and to contribute to the front of the door. But it is important that profession and society. you are there. It is also important that there are people lining up behind you, to Raja Aziz told me two things that have step up when you are no longer able to always stuck with me and continues to keep knocking. When that day comes, drive what I do today. you step to one side, and hopefully somebody steps up to take your place. One, he said it was good to have a As to how long a person can remain in successful commercial practice as front of that door knocking, it really is up this would enable me to do my public to the individual.” interest work. So I didn’t have to choose between being a commercial I learnt from Raja Aziz and my senior practitioner and taking on public interest partners what being a lawyer was about. work. The two were not incompatible. He also encouraged me to get involved 9. The Bar Council has in the Bar’s activities, to serve on its consistently spoken up on committees and on the Bar Council. constitutional and human rights matters throughout The second thing he said to me was the years. How has the Bar several years after I met him, when I was Council managed to remain tired and exhausted after a sedition case independent? in Penang. The nature of public interest cases is such that one tends to lose The fi rst enactment which created a more than win, and I was tired of losing. unifi ed Bar in Malaya was the Advocate It was emotionally and psychologically & Solicitors Ordinance 1947. This draining. I remember asking Raja Aziz, Ordinance did not however have a Christopher Leong taking a break from “Ungku, don’t you get tired? You are section on the objects of the Bar, unlike serious matters at the Gala Dinner, Opening arguing things that are plain and yet the current governing legislation, the of the Sabah and Sarawak Legal Year 2014, you keep losing. Aren’t you just tired of Legal Profession Act 1976 (“LPA”). The in Kuching, Sarawak, on 17 Jan 2014 losing?” LPA’s section 42(1)(a) states that the purpose of the Malaysian Bar shall be As I see it, it is not section 42 that defi nes He said to me, “Chris, one just has to “to uphold the cause of justice without or drives us, it is merely a product of the do what one can to the limits of one’s regard to its own interests or that of Bar’s professional self-expression and energy, to the best of one’s ability and its members, uninfl uenced by fear or self-determination as to what we believe commensurate with one’s emotional favour.” in and aspire to. We gave rise to section and psychological reservoir.” 42, it is not section 42 that made us. So It is sometimes thought that the it is diffi cult to pin down what makes us “You need to keep stepping up to the Malaysian Bar does what it does independent but we know that we have door and knocking on it in the hope that because of section 42(1)(a) and other been doing it since before Malaysia it will open one day, realising that very provisions that require us to protect came into being. The independent Bar likely it will not open during your time in and assist the public in all matters is older than Malaysia. touching upon or incidental to the law. But curiously, I found out that the Bar The Bar’s independence is driven by You need to has been speaking out on issues even its Members and its strength comes before the 1976 legislation. from its Members. I’m very proud keep stepping up of the Malaysian Bar Members who to the door and For example, on 8 Feb 1958, the have consistently shown through the Malayan Bar, regulated by the Bar decades, that whenever they are called knocking on it Council, protested and condemned the upon, they do stand up and do their duty practice of holding preliminary inquiries under section 42. in the hope that in camera for criminal cases on the grounds that it was undesirable to have 10. What positive steps can it will open one secret proceedings. That practice was be taken to ensure that the immediately discontinued. On 26 Oct Malaysian Bar continues to day, realising 1958, the lawyers protested against be independent? that very likely the Public Order Preservation Bill which gave extensive powers to junior police To maintain our independence, the Bar it will not open offi cers. In 1965 and 1968, the Bar must continue to look after the welfare protested against amendments to the of its Members and the public. We during your time Courts of Judicature Act which would must fearlessly take positions on and limit the right of appeal to the Privy intelligently advocate issues of public in front of the Council. Both times, the amendments interests. These positions and advocacy door. were withdrawn. must be grounded in the law, the Federal

JAN-JUN 2015 | PRAXIS 39 FEATURES/ARTICLES

Each successive wave of young lawyers enters into an environment in which they need to work and adapt. It is not always about the environment suddenly having to change to accommodate each wave of new entrants. With each year of new lawyers’ progression and development within the profession, they will be pushing for change in the environment in which they ﬁ rst entered. It is a living environment. As new entrants advance through the years, their presence, their thought processes and their demands will feed into the ecosystem. The ecosystem will eventually evolve and that’s how change is eﬀ ected. Christopher Leong with YAM Tunku Zain Al-'Abidin ibni Tuanku Muhriz, Founding President of

the Institute for Democracy and Economic Aff airs (“IDEAS”), at the International Malaysia Law People like to see results immediately. Conference 2014, on 24 Sept 2014 2014 But we must realise that change doesn’t happen that way. The Bar does not and State constitutions and the rule of manpower, time and funds. But it is respond in an earth-shattering way, but law. As long as we continue to operate not readily known or apparent because it does respond. in that ambit, we will be independent. they are not high profi le and do not attract media attention, unlike the public 13. What do you see as your If we continue to be guardians of the interests activities. This therefore gives main role as President of the Federal Constitution, defenders of the the impression that the public interests Malaysian Bar? rule of law, and advocates for the public aspect is what the Bar is entirely about, interest, we will enjoy the confi dence which is not the case. “President of the Malaysian Bar” and of the public, and we will have our “Chairman of the Bar Council” sound independence. In other words, the 12. How is the Bar Council like impressive titles. The reality is public must see us as independent. If responding to the needs that you are at the service of the entire they do, then they will support us, and and demands of younger profession. We have approximately will oppose any eff ort to try and destroy Members? 16,000 Members of the Bar. The or take away that independence. President bears the responsibility of With every successive generation of ensuring that the objects of the Malaysian 11. While taking these public lawyers, there is always an issue of Bar are observed and carried through, stands that affect all whether the profession is moving on that the values, principles and standing Malaysians, how does and responding to younger lawyers. It of the Bar are never compromised; and the Bar Council remain is sometimes said that the environment to ensure the Bar is ever reaching for relevant to its own members, has changed, but the Bar has not higher standards. More than 80% of my such as conveyancing and changed in tandem. This was the case time was devoted to Bar activities. The commercial practitioners, when I fi rst joined the profession and it Presidency of the Malaysian Bar cannot who make up a large will continue to be an issue. be a part-time endeavour. proportion of the Malaysian Bar? However, the truth is that change is I try to ensure that I write my own inevitable, we recognise it and the Bar speeches and statements, with input The Bar Council has a total of 14 objects is constantly changing. It may not be from the other Offi ce Bearers and listed in the LPA, and 47 committees to described as revolutionary changes but several members of the Bar Council. I carry out those objects. About 10 to is evolutionary instead. Change requires hope that people learn to identify with 11 committees are concerned with the time; it requires a lot of articulation. For what I say, not just on an intellectual public interests aspects. The other three instance, some senior Members, till level but also on an emotional level, so a quarters concentrate on matters directly this day, are uncomfortable with using cut and paste job will not do. relevant to our Members including the Internet. There was a time when welfare, practice areas and regulation. responding to a letter in two days was As President, it is important to encourage So, for instance, we have committees considered quick. Now, with email, the participation by other members. It on corporate and commercial expectation is for a reply within the hour, cannot be just about the one person practice, conveyancing practice, or at the latest, by the end of the working who holds the position. At the same personal injuries, arbitration, family day. Most lawyers have now learned time, that is not licence to delegate and law, intellectual property, information to adapt to the environment, some divert responsibility. The buck stops technology, professional standards reluctantly, some less successfully, but with the President. The President must and development and so forth. These they have adapted. be open to input, to look for and allow committees take up approximately 60 for support, and at the same time, be to 70% of our resources in terms of able to lead and make diffi cult decisions.

40 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES

14. How has being President of why, she replied, “You don’t spend time It’s also about quality. The Malaysian the Malaysian Bar affected with me anymore.” Bar must continue to produce members your life? who embrace the right values, and who That’s what the presidency is. have the ability to develop empathy and I was frequently warned by past high intellectual capacity. Very often, it Presidents that nothing prepares you for 15. What would you like to see in is our advocacy — the manner in which the presidency. I thought I had a fairly the future for the Malaysian we express and conduct ourselves — good idea since I had served the Bar for Bar? that furthers the cause. What we say 18 years and I was the Vice-President. must not only make sense to people But they were right, nothing prepares I would like to see what was told to who agree with us, more importantly, it you, it is overwhelming and demanding. me when I was a young lawyer by the must give those who do not yet agree late Raja Aziz Addruse. That there will with us reason to pause. That can only I was elected in March 2013. Two be a continuous unbroken line of our come about if we develop a heightened months later, my daughter, who was members waiting in the queue to step intellect that allows us to sharpen our then eight, said to me, “Papa, you’re up to that door, and to knock on that advocacy. famous. Everybody in school tells me door. If that continues, then by the end you are President of the Bar.” A few of my term, I will rest assured that the Ding Jo-Ann months later, while watching television work of the Bar and the standards set Writer; Former Member of the one evening, she turned to me and said, by the Bar will continue moving forward. Malaysian Bar “Papa, I wish you were not President of the Malaysian Bar.” When I asked her

Christopher Leong began his career in Chooi & Company as a pupil in chambers in 1989 and became its Managing Partner in 2007. For more regaling stories about Christopher Leong, please read “Christopher Leong: From rock band manager to Malaysian Bar chief”, by Boo Su-Lyn.

www.themalaymailonline.com/features/article/christopher-leong-from-rock-band-manager-to-malaysian-bar-chief

With the liberalisation of legal services, foreign law ﬁ rms and foreign lawyers are now permitted to practise in Peninsular Malaysia in the manner set out in the relevant legislation. TiLS representatives played an active role in reviewing the application from Trowers & Hamlins LLP for a licence — which was granted in April 2015 — to operate as a Qualiﬁ ed Foreign Law Firm (“QFLF”) and to practise in the permitted practice areas.

Christopher Leong was actively involved in this process, particularly as Co-Chairperson (together with the Attorney General) of the Selection Committee, a position held in his capacity as President of the Malaysian Bar. The Selection Committee is responsible for, among others, considering all applications by foreign law ﬁ rms and foreign lawyers.

He also served as the Chairperson (for three terms, from 2007 to 2010) and Deputy Chairperson (from 2011 to 2012) of the Trade in Legal Services Committee.

Trade In Legal Services Committee

Chairperson: Andrew Khoo Chin Hock Deputy Chairperson: Michael Soo Chow Ming Oﬃ cers-in-charge: Roobalavaniah Rengasamy and Nurul Haﬁ ka Noor Hamid

The Trade in Legal Services Committee (“TiLS”) is involved in a wide array of issues in relation to trade in legal services, particularly the liberalisation of the Malaysian legal profession.

The objectives of TiLS are to:

• monitor the developments of the trade in services industry, and educate and update Members of the Bar on these developments; • liaise with, and assist, government departments, international bodies and foreign Bar associations, in matters aﬀ ecting the legal profession in Malaysia; • help increase specialisation and expertise in the permitted practice areas; • facilitate the transfer of technology from foreign legal experts to domestic lawyers; and • “rebrand” domestic law ﬁ rms.

On behalf of the Bar Council, TiLS continues to collaborate with the Attorney General’s Chambers on matters of liberalisation and to address or improve issues arising.

JAN-JUN 2015 | PRAXIS 41 FEATURES/ARTICLES Citation for Dr Radhakrishna Ramani, Recipient of the Malaysian Bar Lifetime Achievement Award 2015 (This citation is reproduced verbatim)

Haji Sulaiman Abdullah delivering his citation

The Malaysian Bar Council is wedded The man himself was simple in his Ramani as a child had been quick-witted to the concept of democracy. Its habits, austere in his life and superb and spoke most convincingly. His family discussions are learned, multi-faceted as a lawyer. He was born in Madras were convinced that they had a budding and, oftentimes, heated. on 21 October 1901. After obtaining legal luminary in their hands and did the degree of Master of Arts at Madras not hesitate to tell the young boy about Yet this body of lawyers to whom University, he was appointed a lecturer their predictions. Thus encouraged, disputation and debate are the very stuff in English at that University. He also Ramani, throughout his life, lived up to of life came to a unanimous decision read for the degree of Bachelor of Law, and exceeded the expectations of his a few weeks ago. That decision was which he obtained in 1927. relatives. that the Malaysian Bar would award this year’s Malaysian Bar Lifetime In 1928, he was called to the English He worked extremely hard as a lawyer. Achievement Award to a lawyer who Bar as an Utter Barrister of the Middle He read widely in the law as well as died 45 years ago in 1970: the late R Temple. history and the classics. But he also had Ramani. another side to his reading. According Boldly, in 1929 he left Madras and came to a lawyer who worked closely with him, Once the matter had been discussed, to Malaya, and worked with the fi rm of Zain Azahari bin Zainal Abidin, Ramani it was abundantly clear that Ramani Shook Lin and Co. By 1930, by dint of also indulged in detective novels, clearly stood for the achievements and hard work, sustained application and particularly those of Peter Cheyney, values that this Lifetime Achievement outstanding advocacy, Ramani gloried which had a fair element of thud and Award commemorates and celebrates. in being a member of the fi rm of Shook blunder about them. Lin and Ramani. As a man, a lawyer, a diplomat and Zain recollects that Ramani was such a a Malaysian, Ramani exemplifi ed His brilliance and industry quickly prodigious worker that he had diffi culty what every Malaysian lawyer seeks to became apparent to the profession and sleeping. Ramani, a vegetarian, achieve, at least in some small measure, the premier law fi rm of the day, Braddell teetotaller and non-smoker, was reputed in his life and practice. Brothers, persuaded him to join them, to eat one sparse meal a day and sleep and in time he became a partner there. not at all. He was said to be a devout

42 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES coff ee drinker. At the weekend, his The Chief Justice then added a splendid invaluable legacies, ie the Common Law doctor would give him a jab and he tribute: and the English Language. would sleep over the whole weekend. But once at work, he was inexhaustible. I have no doubt that, had it been Ramani was a master of both those Zain says they would work together at possible for him to be appointed legacies and he used them well. As the offi ce till 4:30 every morning when Chief Justice after Merdeka, he was said by the then-Attorney General, Ramani would say, “Right Zain, you can would have discharged the duties Tan Sri Abdul Kadir Yusuf, at Ramani’s go back. See you at 8:30 am.” of that offi ce with rare distinction. Reference: “We meet this morning to pay tribute to the memory of a great man and We are fortunate to have the words of Ramani also gave back to his beloved an outstanding lawyer. With the passing Chief Justice H T Ong to encapsulate profession and to the public. away of Dr R Ramani, Malaysia has lost the image of Ramani in court. Speaking one of her most brilliant lawyers.” at the Reference for Ramani on 6 When the Bar Council was formed in October 1970, His Lordship said that he 1947 under the Advocates and Solicitors It was in recognition of his brilliance as a had been asked by the Lord President Ordinance, Ramani became a member lawyer and his outstanding command of of the Federal Court, Tun Azmi bin Haji of the Bar Council. He was Bar Council English that in 1963, the Prime Minister, Mohamed, to be the spokesman for the Secretary from 1947 to 1952 and then Tunku Abdul Rahman, appointed him to Judiciary as he was the Judge who had served as Bar Council Chairman from the post of Ambassador and Permanent known Ramani the longest and best. 1953 to 1960 and then, again, from 1961 Head of the Malaysian Delegation at the to 1963. United Nations (“UN”). In May 1965, The Chief Justice said, inter alia: Ramani was elected President of the UN In the wider public domain, he was a Security Council. He was outstanding It was eight and thirty years ago that member of the Malayan Union Advisory at the job and years later, Mr Adlai I fi rst saw Dr Ramani in Ipoh and was Council. He was then nominated as Stevenson of the US still insisted on impressed hearing him in the High a member of the Federal Legislative addressing him as “Mr President” Court there. Of course then I was Council till 1954. and said that he would always be “Mr then a mere novice, knowing but President” for him. little law and less of the subtleties Further, he was a member of the Kuala of practice and procedure. Such Lumpur Town Board. He was also Ramani presided over a large number of impressions can hardly be said Chairman of the Malayan Red Cross debates as the US and the USSR were to count. Later however, in the Society; Selangor Gandhi Memorial locked in dispute over the situation in pre-war and especially the post- Trust; and Malayan Branch of the the Dominican Republic. He was adroit war years we found ourselves in International Commission of Jurists in his chairmanship and brought much opposite camps. I was then better from 1959 to 1963. glory to Malaysia in the process. able to appreciate the talents of this formidable opponent, where As Chairman of the Bar, Ramani spoke Perhaps his fi nest performances were each day in court was clouded by at many functions. At the elevation of in rebutting the Filipino and Indonesian an ineradicable feeling of inward Mr Justice M Suffi an, Ramani spoke challenges to the formation of Malaysia. anxiety which refused to be stilled from the heart when he told M Suffi an In the Bangkok talks to look into the until the case was over. When I (later Tun) that the British had left two Philippine claim to Sabah, Ramani, as attained to the Bench in 1958, Dr Ramani had already for several years been a recognised leader of the Bar, among the select few with Sir Roland Braddell (the most distinguished of them all) in Kuala Lumpur and the Das Brothers in Ipoh. To hear him expound the law was for me a real pleasure — undiluted by any form of anxiety — which then fell to be entertained in other breasts but mine. In the thrust and parry of debate, it was fascinating to watch and wait for his reply to any uncalled-for remark which savoured of a personal nature. It was vitriolic and devastating since it was invited. Yet withal, he was the soul of kindness and generosity, as many a junior practitioner can testify, who had sought his advice and assistance. No one is known to have knocked at his door in vain. Mrs Ramamurthi delivering the acceptance speech

JAN-JUN 2015 | PRAXIS 43 FEATURES/ARTICLES

Mrs Ramamurthi accepts the Malaysian Bar Lifetime Achievement Award 2015 on behalf of her late father-in-law, from Christopher Leong, immediate past President of the Malaysian Bar

leader of the Malaysian delegation, vacated his seat in the Senate to become On 1 October 1970 while in New York eff ectively demolished the claim by Governor of Penang, Dr Ramani was in the service of Malaysia, he suff ered a Manila. As a columnist in the Manila nominated by His Majesty the Yang di- fatal heart attack. Times wrote, Ramani was “a one-man Pertuan Agong to become a Senator. demolition squad”. R Ramani — lawyer, diplomat, Malaysian Ramani felt that Malaysia had done so — is truly more than worthy of the Once again, Ramani proved that when much for him that he owed it to this Malaysian Bar Lifetime Achievement you are in trouble, you get a sound country to serve her in whatever way Award. He has set a high bar for the rest lawyer who speaks good English and he could. Though he had suff ered a of us to seek to attain. knows his law. heart attack and had sought treatment in the US, he never spared himself in the Haji Sulaiman Abdullah In June 1969, the University of Malaya service of Malaysia. Bar Council Member/ conferred on him an Honorary Doctorate President of the Bar in Letters for his services to the Law, In September 1970, though he had (2000-2001) Diplomacy, the Nation and the University. returned to Malaysia, he went back to New York to attend the UN Debates in In March 1970, when the former Lord case the Sabah Claim was brought up President, Tun Syed Sheh Barakbah, again.

Malaysian Bar Lifetime Achievement Award

The Bar Council instituted the Malaysian Bar Lifetime Achievement Award in 2011 as a form of recognition of and appreciation for outstanding Members of the Malaysian Bar who have demonstrated particular dedication and exemplary lifetime service, and made invaluable and outstanding contributions, to the Bar.

The Malaysian Bar Lifetime Achievement Award was ﬁ rst conferred (posthumously) on Raja Aziz Addruse, at the Malaysian Bar’s Annual Dinner & Dance on 10 Mar 2012. The second and third recipients were Peter Mooney and Mahadev Shankar, who received the Award at the Bar’s Annual Dinner & Dance on 16 Mar 2013 and 15 Mar 2014, respectively.

Dr Radhakrishna Ramani is the fourth recipient of the Award, which was presented at the Bar’s Annual Dinner & Dance on 14 Mar 2015.

44 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES Dr Radhakrishna Ramani: A Lifetime of Achievement

Princess Margaret (right) shaking hands with R Ramani, Malaysia’s Permanent Representative to the United Nations, at a reception held in her honour for delegates and dignitaries in the lounge outside the General Assembly, 19 Nov 1965, United Nations, New York (Source: UN Photo)

“If something comes to life in others insights into Ramani’s eventful life as meagre income, and to pay for him to because of you, then you have made a Member of the Bar and his immense read for the Bachelor of Law degree an approach to immortality” ~ Norman contributions to the legal profession and from the University of Madras, which he Cousins the nation. undertook in 1927. He then set off to England and was called to the English Dr Radhakrishna Ramani (“Ramani”) Ramani was born in Madras, India on Bar on 18 Nov 1929 by The Honourable was awarded the Malaysian Bar Lifetime 21 Oct 1901. That aside, not much Society of the Middle Temple. Achievement Award 2015 at the Bar’s information is available about the early Annual Dinner and Dance on 14 Mar years of his life. Among the scattered After completing the English Bar, instead 2015 in recognition of his services to the details that are known are that he was of returning to India, he came to Malaya. Bar and to the country. fi rst in matriculation at his school in Madras; he secured a Master of Arts Part I: Ramani — The Advocate To explore the life of this illustrious degree from the University of Madras; Member of the Bar, who perhaps came and that he began his early career as a Ramani began his legal career with as close to immortality as envisioned lecturer in English Literature at the same Shook Lin & Co in 1929. By 1930, the by Norman Cousins, interviews were university. fi rm had become Shook Lin & Ramani. conducted with several individuals who One of the leading law fi rms at the time, knew him. Among them were YBhg Tan Zain Azahari confi rms this: “He was [a] Braddell Brothers, recognised his talent Sri Datuk Wira Lal Chand Vohrah, YB professor of English Literature in India and extraordinary legal acumen, and Dato’ Mahadev Shankar, Zain Azahari b before he read law. Sometimes he saw fi t to draw him into their fold, fi rst Dato’ Zainal Abidin (from Zain & Co), and would quote Shakespeare even in court as a member, and then as a full partner, N Chandran (Albar & Partners). Dato’ Din and privately as well. I loved having and the fi rm became known as Braddell Merican, the former Assistant Secretary private conversations with him because & Ramani. (Political) at the United Nations' he could be funny.” Southeast Asia Desk also shared some Ramani’s legal career spanned more comments (by email) about the time he As the story goes, while he was a than three decades, and during his long worked with D Ramani. professor, Ramani compiled notes and illustrious legal career, he handled on English poetry, which he sold hundreds of cases including some 93 This article consolidates the interviews, as teaching aids to undergraduate cases that were reported in the Malayan press and other articles, and students at the university. The proceeds Law Journal between 1933 and 1969. commentaries to provide readers with from this was used to supplement his

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Amongst the cases that continue to be pierced Samy’s supervisor’s neck, killing Zain Azahari had this to say about cited today are: him. them: “They were very great friends. They liked to go and see the movies • The Motor Emporium v Arumugam The Public Prosecutor sought the death occasionally, especially if Ava Gardner [1933] MLJ 276; [1933/4] FMSLR penalty. Ramani acted for the accused was acting ... One day I saw the two 21; and obtained a judgment of culpable of them help one another — because • Abu Bakar bin Imam Idris v PP homicide, and Samy was jailed for life. Sir Roland was much, much older, and [1947] MLJ 133; In jail, the orthodox Brahmin refused Ramani helped Sir Roland up the steps to eat on grounds that he was a strict of the Rex Cinema on Jalan Sultan …” • Veerasingam v PP [1958] MLJ 76; vegetarian. Ramani obtained a court [1957] 1 LNS 93; order that allowed Samy to be served On Ramani and Sir Roland’s enduring • Leong Cheong Kweng Mines Ltd v vegetarian food daily through a fellow friendship, Zain Azahari reminisced: “… Kok Hoong [1962] 1 MLJ 224, CA; Brahmin. Ultimately, luck was on I think it was in 1960, Sir Roland decided and Samy’s side, as the war broke out and it was time to go back. He sold his last the Japanese invaded Malaya, resulting property in Cameron Highlands, and he • Pegang Mining Co Ltd v Choong in all inmates being freed. moved to London. Ramani, whenever Sam & Ors [1969] 2 MLJ 52, PC. he was there, would go and look him Sir Roland Braddell 1 up. He told me that it was sad to see Dato’ Mahadev Shankar commented the old man living in a basement fl at. on the case of Pegang Mining Co Ltd There is much to be said about the So, because of their long association, v Choong Sam & Ors [1969] 2 MLJ 52: close relationship between Sir Roland and also I think by nature, Ramani liked “What happened here was the head Braddell and Ramani. the old man and as they were friends, lessor of the mining lease and the sub- Ramani would help out. He would write sub-lessor managed to enter into some In remembering Ramani, Dato’ Mahadev a note to Sir Roland and say ‘I have this sort of arrangement which resulted in Shankar recalled: “… I remember my problem and I am not sure how to deal the middle lessor being prised out of father telling me this story. Ramani said with it. Would you like to tell me what the land in Botak, which was valuable to him, ‘You know Mr Mahadevan, my your thoughts are?’ Sir Roland would as they had discovered a lode there. lifetime ambition is to sit in the offi ce of write something by return post, and this This was an all-out fi ght on third party Braddell even if it were only for one day, gave Ramani the excuse to send him procedure and bringing in additional and all my ambitions as a lawyer would money – £500 or £1,000. And this is full parties. [The question was] whether be gratifi ed.’ And he did, certainly for credit to Ramani, he did not send the there was a right on the part of the mid- more than just a day.” money to Sir Roland like it was charity. lessor to inject himself into that case to It was as if Sir Roland earned the money, preserve his interest. It went up all the During the Japanese Occupation, Sir and [this] saved the old man’s face. I way to the Privy Council, came down Roland and Ramani left Malaya and went thought it was wonderful!” and went up all the way again. This was to Madras, where they practised law a case in which Ramani distinguished together in the High Court of Madras. First Impressions himself.” They returned to Malaya together after the war was over. Dato’ Mahadev Shankar recalls, “My Dr E S S R Krishnan, former State earliest memory of Ramani was going Director of Medical and Health Services, Negeri Sembilan, himself now 93 years of age, cited an interesting case that Ramani took on in 1937. The case concerned Samy, a Hindu Brahmin, who had arrived in Ipoh and joined the Electric Distributors and Supplies Company there. His supervisor was a British gentleman who, one day in late 1937, asked Samy to bring him some records. Samy inadvertently brought the wrong documents and was scolded by his supervisor, who called him “bugger”. As the term bothered him, Samy looked up the meaning of the word at the Ipoh Public Library, and when he found out what it meant, he was very off ended. He went to see his supervisor the next day, arguing that he (the supervisor) should retract his statement. In the course of the argument, Samy picked up a letter R Ramani making a statement as President of the United Nations Security Council, calling for opener, and there was a brief struggle a truce in in the Dominican Republic, 19 May 1965, United Nations, New York (Source: UN between the two men. The letter opener Photo/TC)

46 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES to his house on Perak Road. He had a double-storey bungalow there with very large grounds. His children had toys which I could only dream of, and bicycles with balancing wheels. My dad went to see him, to persuade him to take a role in the Selangor Indian Association.”

Casting his mind back to their fi rst meeting, Zain Azahari said, “I fi rst met him when I applied to read in his chambers. I came back home towards the end of 1958 and I started on 1 Dec 1958. I went to see him and the fi rst thing he said to me was, ‘You better go home because you are not wearing R Ramani at the University of Malaya convocation, where he received his Honorary Degree of a coat’. I was wearing a normal shirt Doctor of Letters, for his services to the Law, Diplomacy, the Nation and the University, June and tie, and he did not like that. He was 1969 (Source: Family collection) very formal. He said, ‘You go home and actually working for him as a legal at the bottom of this photograph read assistant, I learnt that the only thing that ‘Sharks in Shaw Skin’. They wanted I am quite is important is to work hard. He made to sue. In that magazine as well, there you work because he himself, I could was a story about them — some of aware of that, but almost say, hardly stopped working. … which was not very complimentary. [He] required an injection to go to sleep Ramani told them, ‘Don’t sue, because to me you will [and] [t]his would be done to him … on a don’t forget, the Time magazine is a big Saturday after lunch, and he would not magazine and they do research and they always be Mr get up until Monday morning. He did would not write something like this for not sleep during the week.” fun. My advice to you is to forget it. No President. one will remember it after three months. On the issue of his insomnia, a newspaper You sue and it will be there forever.’ He article where he was interviewed stated, fi nally persuaded them to forget it. “For years, he has been suff ering from ~ Adlai Stevenson, insomnia, and he sleeps only when After they left, Ramani said to me, ‘Zain, fi fth United States sheer physical exhaustion forces sleep in the course of your practice, if ever on him. Yet he looks remarkably fi t.” 2 anybody comes to you to sue for libel, Ambassador to the be very careful because it is a double- N Chandran refl ected on his encounter edged sword and can cut your throat as United Nations with Ramani: “He assigned me a piece well.’ ” of work which I think related to judicial come back tomorrow at eight o’clock in review. I turned the whole library upside The Bar Council a suit’. … When I came back the next down [doing research], and I walked up day, he spoke to me and pretended that to him with all the research materials After the Second World War, Ramani what happened the previous day had I had unearthed on the point he had was elected to serve on the predecessor not taken place.” asked me to look into. He said, ‘Yes, of the present-day Bar Council, which young man, sit down’. Of course he was established under the Advocates N Chandran recalled: “Whilst I was about knew all the cases. He complimented and Solicitors Ordinance 1947. to complete my fi nals course, I had a me and we had a discussion for about letter from my dad … a very close friend 20 minutes. After that he said, ‘You are Ramani served the Bar Council in the of the late Ramani, [who had] amongst on the right path.’ ” following capacities: themselves [decided] that when I came back, I should join the fi rm of Braddell & Zain Azahari highlighted a particular • Secretary (1947– 1952); Ramani as a pupil.” story: “I cannot forget the case of the • Chairman (1953–1960); and two Shaw brothers — Runme Shaw and Working with Ramani Run Run Shaw, who came to see him. • Chairman (1961–1963). He always made me sit by the side and For the people who had the opportunity take notes. Those two brothers brought Ramani made many more contributions to work with Ramani, the experience left along with them the Time magazine of to the Bar, both while he held offi ce and an indelible impact on their lives. those years, [containing] an article about as an ordinary Member. Examples of the[m]. It showed the two brothers in this abound and include the matter that Zain Azahari remembered what it was shark skin suits … [each] holding a drink arose on 8 Feb 1958. On that date, like to work with Ramani: “When I was and facing one another. The caption while he was Chairman, the Bar Council

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unanimously condemned the notion • Member of the Kuala Lumpur Town as he was walking in, he said, ‘I know that preliminary inquiries could be held Board; I promised Narayanan [N Chandran’s in secret. This problem had arisen with • Chairman of the Selangor Gandhi father] that you will be under me, but I the introduction of the jury system under Memorial Trust; and now have a problem. The Tunku wants the Criminal Procedure Code. Under me to go to the United Nations as the Ramani’s Chairmanship, the Bar Council • Chairman of the Malayan Branch Permanent Representative, and I have took the view that it was undesirable that of the International Commission of agreed to that.ʼ ” It was learnt that it anything alluding to “secret courts” or Jurists (1959–1963). was at Tunku’s insistence that Ramani “secret proceedings” should exist. As was granted Malaysian citizenship for a result, the practice was immediately Part II: Ramani — The Diplomat this purpose (he had until then an Indian discontinued. passport). It was in the international arena, During the Annual General Meeting between 1964 and 1970, that Ramani K A Menon, the then-Bar Council (“AGM”) of the Malaysian Bar in February perhaps made the greatest impact. In Secretary revealed:6 “Very few people 1967, there was a debate on whether recognition of his brilliance as a lawyer, realise what a tremendous sacrifi ce to bar Singaporean lawyers from legal and his excellent command of the English Mr Ramani made when he temporarily practice in Malaysia. Two reports had Language, in 1963, the Prime Minister, retired from practice to go to the been prepared on the matter — the Tunku Abdul Rahman,4 appointed him to UN [United Nations] as Malaysia’s Majority Report recommending that the post of Ambassador and Permanent Permanent Representative, but he did so Singaporean lawyers be barred, and Head of the Malayan Delegation because he genuinely felt that he should the Minority Report recommending the to the United Nations (Permanent off er his services to the country in which retention of the status quo. Ramani was Representative). In May 1965, Ramani he made his life as a lawyer a success”. instrumental in diff using the uncertainty was elected President of the United Ramani himself said when asked what of the situation by recommending that Nations Security Council. During that made him accept this appointment, “I the view of the entire membership of time, Ramani presided over many have benefi ted a great deal from the the Bar be sought before a decision was debates on a variety of issues, including opportunities this country has provided taken. The outcome was, a survey was the United States and the USSR5 dispute for me. In return, I feel proud to be given posted to all Members and a total of 157 over the situation in the Dominican this opportunity to serve it and do what Members voted for the Minority Report, Republic, the Filipino and Indonesian I can in however small a way. It is a which allowed Singaporean lawyers to challenges to the formation of Malaysia welcome change from my work and it continue practising in Malaysia.3 and a host of other matters. With regard will be interesting.”7 to this, Haji Sulaiman Abdullah, Member During his lifetime, Ramani also served of the Bar, in his citation for Ramani for Ramani was directly involved in several in the following capacities: the Malaysian Bar Lifetime Achievement watershed moments in international law Award 2015, said: “He was adroit in his — tasks that he took on with exemplary • Member of the Malaysian Union chairmanship and brought much glory skill that can only be attributed to his Advisory Council; to Malaysia in the process.” ingenuity, and tireless and fervent involvement with the law. • Nominated member of the Federal Appointment as First Permanent Legislative Council (that accepted Representative to the United Nations The Philippines Claim (1963) the Carr-Saunders Report, which N Chandran explained Ramani’s foray subsequently established the into the international scene: “One day In 1963, several months into Ramani’s University of Malaya); he [Ramani] walked into the offi ce, and appointment as Malaysia’s Permanent Representative to the United Nations, the Philippines raised the issue of Sabah at the United Nations Security Council meeting.8 Tunku’s trust in Ramani paid off as he defended the issue well. In this regard, a correspondent of the Manila Times described him as “a one- man demolition squad”9 because of his ability to obliterate arguments that did not withstand the rigours of his own arguments.

Dato’ Mahadev Shankar further illustrated this matter: “That case was ventilated in the International Courts of Justice at the Hague. … After the The United Nations Security Council considering the situation in the Dominican Republic. R arguments were over, he came back Ramani, as President of the Security Council (centre), discussing a document with Dr J G and entertained us [Members of the de Beus (Netherlands, left) and Platon D Morozov (USSR, right), 13 May 1965, at the United Bar] to a résumé of what the whole case Nations Headquarters in New York (Source: UN Photo/TC) was about at the Selangor Club. … It

48 PRAXIS | JAN-JUN 2015 FEATURES/ARTICLES was good and I think he re-established speech in the United Nations was on Nations truce supervisors, repeated himself in our eyes as a lawyer of whom the Kashmir dispute between Pakistan violations by Pakistani infi ltrators we were all very proud.” and India, and the line that he took was preceded Indian counter-action; and (2) that Pakistan’s invasion of Kashmir was India had twice expressed willingness to Dominican Republic Crisis (1965) off -site and not in accordance with the obey the Security Council’s call for an requirements of international law. His unconditional ceasefi re, while Pakistan 11 The deft and prodigious manner in which speech earned him great plaudits and responded negatively. Ramani, as President of the United accolades … but the reaction from the Nations Security Council, handled the Pakistan Government was the very In contrast with most Muslim nations Dominican Republic crisis between the opposite … but Tunku always supported at that time, including Indonesia, United States and Russia, with a fi rm his people and stood by what Ramani Malaysia had sided with India in the hand, sublime tact, and yet with a touch had said.” India-Pakistan dispute in 1962 and of humour, was widely acclaimed the 1965. Tunku defended Ramani against world over. Pakistan’s criticism, stating that there Since he was a need for “brotherly ties” between Under his leadership, this crisis was fellow Muslim countries, but relations resolved speedily. On 14 May 1965, became a citizen with nations were framed “regardless of 12 during a discussion of this crisis, Ramani their religious status”. read out a telegram from the Republic’s of this country, Minister for Foreign Aff airs, and stressed President of the United Nations the urgency of this matter. Ramani also he has dedicated Security Council noted that “eff orts were being made behind the scenes to have some sort his entire energy In May of Ramani’s third year as of consensus on a resolution which Permanent Representative to the United might meet the immediate present and services Nations, he became President of the situation.” This led to a submission United Nations Security Council. During of a draft resolution requesting the unselfi shly and his tenure, he convened 25 meetings of United Nations Secretary General to the Security Council, the second highest send a representative to the Dominican untiringly despite in number in the 19 years of the Security Republic for the purpose of reporting to Council until that time. the United Nations Security Council on his health, to his the situation. Without much ado, the When Ramani stepped down as draft resolution was put to the vote and country, which, President of the Security Council at the unanimously adopted.10 end of his month in offi ce, his successor, I know, he loved J G de Beus (from the Netherlands), United Nations Conference on the said this of him at a meeting on 3 June 13 Law of Treaties, Vienna (1969) and to which, he 1965: Ramani’s eloquence and ability to make I think that we can say with cohesive and irrefutable arguments were told me, he owed confi dence that rarely in the history key factors in his success internationally. of the United Nations has the so much. Security Council had more reason Tan Sri Datuk Wira Lal Chand Vohrah to honour its past President than we related Ramani’s popularity in the have today to honour Mr Ramani for international arena: “At the United ~ The Honourable the way in which he conducted our Nations Conference on Law Treaties in debates during the month of May. Vienna in 1969, it was customary then Tan Sri Abdul Kadir to indicate when one would speak on … In those very diffi cult behalf of his country. Ramani indicated b Yusoff , Att orney circumstances you, Mr Ramani his preferred slot, and when his turn conducted the debates with the came, the hall was full. All delegates General of Malaysia legal clarity of an experienced made it a point to be present when he (1963–1977) lawyer, the impartiality of a judge, spoke.” and with a sense of humour such as only wise men possess. India-Pakistan Dispute, 1965 Ramani had been accused by Pakistan Furthermore, those of us who have to be biased on the basis that the cooperated closely with you in Dato’ Mahadev Shankar provided some Malaysian Government sided with India informal discussions outside this perspective about Ramani’s handling in the confl ict. Nonetheless, Tunku stated chamber have had an opportunity that the position of Malaysia was one of the India-Pakistan dispute about to admire your unrelenting eff orts of neutrality, and gave positive support Kashmir: “Ramani was very eloquent. and perseverance in trying to to the eff orts of the United Nations to In fact he loved that job and he got a obtain solutions to almost insoluble restore peace. Ramani, in his speech great deal out of it. This is pure hearsay, situations and your gift in drafting with regard to the confl ict, pointed out formulas for that purpose.14 what I am going to say now. His major two facts: (1) in the view of the United

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So consequential a mark did Ramani Dato’ Mahadev refl ected: “The only Tan Sri Datuk Wira Lal Chand Vohrah leave in the United Nations, that long occasions when I met him in court pointed out the ingenuity of the man: “He after his term as President, at a chance was to observe his style of advocacy, had a photographic memory. I remember meeting in a lift at the United Nations to observe his cases and his fl ights of he wrote some notes for his speech for building with Adlai E Stevenson II (the oratory, and his mastery of the subject. the United Nations Conference on the fi fth United States Ambassador to the His manners in court — he had excellent Law of Treaties, Vienna (1969) but gave United Nations), the latter addressed manners. And his voice — he never had me the paper before going up. I followed him as “Mr President”. The embarrassed a big voice, but it was very melodious what he said from the paper he left Ramani quickly pointed out that his term and he had a very pleasing way of behind. It was word for word, and he had ended. Stevenson responded, “I putting things across. His vocabulary did this off the cuff !” am quite aware of that, but to me you was extensive and he was never short will always be Mr President.”15 of the right word at the right time. So Dato’ Din Merican commented on it was altogether quite a delight to be working with Ramani during this period: Ramani: Lessons in Passing present and to watch the maestro in “He was well organised, and a thorough action”. researcher who perused documents There has been much said about in great detail; raising questions and Ramani’s commitment to the law, Ramani, an orthodox Brahmin, led a demanding answers and documents including the fact that he worked long life of supreme simplicity and was a to support his arguments. It was like hours, was meticulous and that he was vegetarian and teetotaler. preparing a legal brief for the Supreme an erudite exponent of the law. Court. He was a slave driver, but a N Chandran accented the simplicity gentle one. He was a brilliant legal Speaking of Ramani’s perspective on of the man: “He had always been a mind with a powerful command of the ouster clauses and his commitment very simple person … [b]ut he was English Language, and he enjoyed the to ensure the rule of law in a budding very much respected by the [Brahmin] confi dence of the Tunku. As it was well Malaya, Zain Azahari recalled: “There community and he was there to give his known, the Tunku had a special gift for was the Road Traffi c Ordinance 1958. helping hand whenever his assistance choosing the people who work for him.” They introduced a new provision to say was needed. I found him to be such an a decision of the Licensing Board shall amenable person wanting to share his In recognition of his services to the be fi nal and cannot be questioned in knowledge with the person with whom country, the Yang di-Pertuan Agong16 any court of law. Ramani said to me, he is conversing. That was a great treat appointed him as an honourable ‘Zain, you are a Malayan. This you must to me, as a beginner at the Bar.” member of the Senate on 7 Mar 1969, fi ght. This is the fi rst sign of erosion of and in June the same year, he was democracy in the country, the fi rst sign Zain Azahari highlighted the same, awarded an Honorary Degree of Doctor subsequently of a dictatorship. You all adding that, “… You’ll be surprised to of Letters by the University of Malaya at must fi ght this at the early stage’.” know that if you had rung him up and its convocation. said, ‘Mr Ramani, I have this problem Ramani’s excellent command of the and I don’t know how to deal with this’, Death English Language and the law was that … sometimes he would do the often refl ected in his precise use of research himself, and the next day, tell Dr Radhakrishna Ramani passed away the language, and his quick wit and the young lawyer what to do.” at the Waldorf Astoria Hotel in New York repartee. on 1 Oct 1970, at the age of 69.

His remains were brought home to Subang Airport on 3 Oct 1970.

At a reference in his honour, held at the High Court, Kuala Lumpur on 6 Oct 1970, the then Chief Justice of Malaya, the Honourable Tan Sri H T Ong said:

… he was the soul of kindness and generosity, as many a junior practitioner can testify, who had sought his advice and assistance. No one is known to have knocked at his door in vain. … In his conduct of litigation, an outstanding feature was that he was at all times content to rest his case on one main ground, The arrival of the remains of R Ramani at the Subang Airport, 3 Oct 1970. The dignitaries that or at most two or three. That gave were present to receive his remains included Tan Sri Mohd Ghazali Shafi e, Minister with Special the true measure of his acuity and Duties; Dato’ Abdul Ghani Gilong, Minister of Transport; Chief Justice Tan Sri H T Ong; as well confi dence. as offi cers from the Foreign Ministry (Source: Arkib Negara Malaysia)

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Dato’ Mahadev reﬂ ected: “I can tell you what his advice to me was when I was beginning my years at the Bar, and he constantly lamented the disinterest that the judges were showing on what the law really was. He felt that the spirit of the law, and the beauty of the law, and what the law should really be, was something that was disappearing. It was a constant lament.”

N Chandran recalled the advice that Ramani gave: “His advice ‘… be honest, be straightforward and treat this as a profession. I know you have to make money but be professional about it’. He never departed from that till his last day … .”

Zain Azahari noted: “I think he would tell R Ramani (centre, in coat) with Jawaharlal Nehru, the fi rst Prime Minister of India, 1955 (Source: you to be ethical. I think that was very Family collection) important to him. Be correct, be ethical, be honest and work hard of course. distinction which many may aspire … He could be a diffi cult person but I to but few can achieve. actually had a great time in the fi rm. It was an experience of a lifetime. I can’t The then Chairman of the Bar Council, R think of anybody with that kind of mind, R Chelliah, noted: after more than 50 years in the Bar.”

… He was a fearless fi ghter but he Perhaps the life of this giant of the treated with kindness and sympathy Malaysian Bar is best summed up as the weak and the poor, and often follows by Dato’ Mahadev Shankar who took up the cudgel on their behalf. said: “Bacon, in one of his short essays, … His achievements both in and out had written about the role of a lawyer. of our country was [sic] a source of I remember that at the conclusion of inspiration to us the Members of the that essay, he said, ‘Do everything and Bar and we took great pride in him. live your life in such a way that you become an ornament to the community R Ramani was awarded a medal by in which you are living’. What is that? Buckingham Palace to be worn at the The then Lord President of the Federal That lawyers should be exemplars — we Coronation of Queen Elizabeth, 2 June Court, the Honourable Tun Azmi b Haji should conduct our lives in such a way 1953 Mohamed concluded the reference proceeding with these words: that people look at us and say that this is the way it should be. Ramani certainly The then Attorney General of Malaysia, … the death of Dr Ramani has lived his life like that. …[Y]ou could not the Honourable Tan Sri Abdul Kadir b deprived this country of one of her fault him on his private life or the way he Yusoff , said of him: greatest lawyers — born with fi rst lived his life. He was impeccable, a legal class brains and endowed by nature aristocratic gentleman.” We meet this morning to pay tribute with a tireless energy in pursuit of to the memory of a great man and knowledge and in the execution of Truly, the life of Ramani is a beacon that an outstanding lawyer … Malaysia his duties. should inspire us all, and he will forever has forever lost one of her most be immortalised in our minds. brilliant lawyers. Since he became He was posthumously conferred an a citizen of this country, he has Honorary Degree of Doctor of Laws by Santhi Latha/Anneliz George dedicated his entire energy and the University of Plano in Dallas, Texas. Bar Council services unselfi shly and untiringly Notes despite his health, to his country, Epilogue which, I know, he loved and to 1 Dato’ Sir Roland Braddell (1880¬–1966) which, he told me, he owed so was the fi rst Attorney-General of the In reminiscing about Ramani, each of Straits Settlements. He was a prominent much. His death is a great loss to the people interviewed shared their lawyer in the Straits Settlements, our nation. … Dr Ramani had the perspectives about their relationship Johore, and the Federated Malay States, rare distinction of being a lawyer with him, and what they think he would and served as legal adviser to the held in high esteem by lawyers both have said to lawyers today. Conference of Rulers from 1948 to 1951. in his country and abroad. It is a He was also a member of the Council of

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the Malayan Branch of the Royal Asiatic 6 “Ramani Dies in New York: Death ‘Great 11 “O ff ended Friend”, The Straits Times, 28 Society and had himself produced a Loss’”, Malay Mail, 1 Oct 1970. Sept 1965. number of history-related articles and 7 “Malaya’s new envoy to UN — ‘miracle’ 12 Explaining Pakistan’s Foreign Policy: journals under the Society. man RAMANI”, Sunday Mail, 21 Apr Escaping India. Aparna Pande. Great 2 “Malaya’s new envoy to U.N. — ‘miracle’ 1963. Britain: Routledge, 2011, page 145. man RAMANI”, Sunday Mail, 21 Apr 8 The Philippines had claimed Sabah 13 United Nations Security Council Offi cial 1963. as part of its territory since the Records, 3 June 1965. 3 Source: Bar Council Annual Report establishment of Malaysia in 1963. The 14 Ibid. 1967/1968, pages 9-10. status of Sabah is still a thorny issue. 15 “Ramani the one-man demolition 4 Tunku Abdul Rahman Putra Al-Haj ibni 9 “Ramani the one-man demolition squad”, Malay Mail, 1 Oct 1970. Almarhum Sultan Abdul Hamid Halim squad”, Malay Mail, 1 Oct 1970. Shah (1903–1990). He was the fi rst 16 Sultan Ismail Nasiruddin Shah ibni 10 Paths to Peace: The UN Security Council Almarhum Sultan Zainal Abidin III (1907- Prime Minister of Malaysia, serving from and its Presidency. Nicol, Davidson (ed). 1957 to 1970. 1979) served as the fourth Yang di- USA: Pergamon Press Offi ces, 1981, Pertuan Agong from 1965 to 1970. 5 The Union of Soviet Socialist Republics. page 51.

A young R Ramani (left) in London, circa 1926 (Source: Family collection) R Ramani, date unknown (Source: Family collection)

The Story of Shook Lin & Bok Shook Lin & Bok was established in 1918 by Yong Shook Lin and Tan Teow Bok. Yong Shook Lin was the ﬁ rst local Malayan Chinese who was called to the Bar of the Federated Malay States. The ﬁ rm was located on Cross Street (today Jalan Silang) in Kuala Lumpur.

In 1964, the ﬁ rm expanded to Singapore. However, with the departure of Singapore from Malaysia, the Malaysian and Singaporean branches of the ﬁ rm parted ways and became separate entities in 1970.

Shook Lin & Bok is currently located on Jalan Raja Chulan, and celebrates its 97th anniversary this year.

52 PRAXIS | JAN-JUN 2015 OBITUARY ABDULLAH B DATO HAJI ABDUL RAHMAN Chairman, Johore Bar Committee (1970–1981) President, Malaysian Bar (1978–1980)

Abdullah b Dato After being called to the Bar in 1963, State Bar Committee subsequently Haji Abdul Rahman Che Lah set up practice in Johor Bahru pondered if the Committee should (11 Oct 1919 to and practised under the name and have a preview and vet and veto all the 16 Apr 1987) was style of Messrs Abdullah A Rahman Chairman’s future speeches! But Che aff ectionately known & Co. The most popular and aff able Lah would have none of it. He was to all and sundry as Hendon Mohamed (who was called to bold, upright and honest. He even felt “Che Lah”. He was the Malaysian Bar on 18 Apr 1963 at the that Members’ subscriptions could not a Barrister-at-Law of The Honourable Johor Bahru High Court before Azmi J, be used to defray the coff ee and kuih Society of Lincoln’s Inn, London, and later Tun and Lord President) who was muih served at the monthly meetings was called to the Bar States of Malaya the fi rst lady President of the Malaysian as it was trust monies, and so we, the on 21 Oct 1963. He practised at the Bar, was a confi dante of Che Lah and Committee members, took turns to Bar from the date of his call until illness practised with him in his Johor Bahru pay for the refreshments at the monthly prevented him in 1987. offi ce. Bar Committee meetings! He was not parsimonious but was cautious of the Che Lah was not an enigma. He was The Chairmanship of the Johore Bar was trust imposed on him by Members. He open and transparent as much as held by Che Lah from 1970 to 1981. He was fearless, sturdy and independent. he was opulent, sophisticated and then went on to become the President of He never towed to the rich, famous and anglicised. The family of Che Lah is a the Malaysian Bar and Chairman of the powerful. It was during his time that the most distinguished Johore family with Bar Council Malaysia from 1978–1980. Legal Profession (Practice and Etiquette) Buginese ancestry. His father, Dato Haji He was the fi rst Johorean to achieve Rules 1978 (“Rules”) was formulated Abdul Rahman b Yasin, was a direct this. He was a Senator in the Malaysian and gazetted. He was a strict adherent Buginese descendant and was, in his Dewan Negara from 1968–1974. Che of the Rules. time, the fi rst President of the Senate and Lah was a Director, inter alia, of the the fi rst Chairman of Malayan Banking Cold Storage Group of Companies and In the 1960s and 1970s, the Johore Bar Berhad. Dato Haji Abdul Rahman had was also the fi rst Chairman of Johor was inundated with weekend lawyers married (after Che Lah’s mother Zahara Tenggara. He was a part-time Judicial from Singapore. Che Lah almost single- passed on), Kamariah, a sister of Dato’ Commissioner of the High Courts, handedly caused legislation to be passed Seri Onn Jaafar of UMNO [United Malaya, in the 1970s. by way of amendment to the then- Malays National Organisation] fame who Advocates and Solicitors Ordinance was then Chief Minister of Johore. Dato Che Lah, Justice Dato Ali Hassan, 1947 to encapsulate citizenship, special Haji Abdul Rahman was groomed to be ACP XA Nicholas (father of YA Indran qualifi cation and residency status for Chief Minister but as he would not be a Nicholas of Ipoh) who was then the lawyers to practise in Malaysia. This privy to political and palace intrigues, he Johore Police CID Chief and the then- put an end to the weekenders preying stepped aside. He then became Johore Deputy Public Prosecutor of Johore, our catch and ploughing our fi elds. Che State Treasurer. Kadir Kassim (presently of Messrs Kadir, Lah was a quiet, unassuming person Andri & Partners, Kuala Lumpur) started but never compromised on principles. Che Lah’s brother, Dato Sulaiman was the Johore Bench and Bar vs Johore He always upheld the high standing and an economist and a member of the fi rst Police games in 1967, which are played image of the Bar. He was a true British Malayan cabinet (1955) and later a High until today for the coveted Ali Hassan barrister. He brought fame and name to Commissioner. Another brother, Tun Dr Trophy for cricket. They were cricket the Johore Bar, and always had the best Ismail, went on to become Deputy Prime lovers and relics of the colonial past, interest of its Members at heart. Minister of Malaysia. Tun Dr Ismail was one might say. from King Edward VII College of Medicine Che Lah was my mentor at the local Bar. and was the fi rst Malay eventually to Che Lah was a strict disciplinarian. I was the Johore Bar Secretary from obtain the MBBS from Melbourne. He was unassuming and unrivalled for 1973–1975 when he was Chairman and Another brother, Dato Mohd Yassin did his humility but he had the temerity to I was a member of the Bar Committee political science in Melbourne and went correct the most pugnacious of judges for a number of years after that under his on to become the fi rst Secretary General in his own inimitable style. There was a Chairmanship. It was during this period of UMNO and later on a Johore State Bar Dinner, either in 1975 or 1976, when that we brought out the Johore Bar “Law Exco Member. Che Lah and his brother he gave such a bold speech protecting List”, a legal directory of members and Yassin married two sisters, Che Lah the Members of the Bar and took the a cyclostyled newsletter, which has now to Tengku Esah and Yassin to Tengku local Judge and Bench to task so much been transformed to the Info Johore Azizah. The noble ladies were from the so that the Judge (Justice Dato Syed Bar. The annual dinners in his time Johore Royal lineage. Othman Ali) was so embarrassed that were formal dinners (with fi ne French he walked out of the dinner. The docile vintage wines and cheese boards,

JAN-JUN 2015 | PRAXIS 53 OBITUARY

and when his Havana cigar is lit the a whisper. He carried on life very much Johore Bar Secretariat as the “Abdullah evening is deemed brilliant!). He was like an English squire. He was bold A Rahman Hall”. Generation after of the view that professionals should upright and fearless. He had priceless generation of lawyers will remember dress and behave as professionals to integrity and sturdy independence. A this good man and lawyer who always maintain and uphold the high standing rare breed indeed. One could say that had the best interests of the lawyers in of the Bar and its image. He would not he was the pride of the Johore Bar. general, and Johore Bar in particular, compromise on this stand. It was to him embedded in his breasts. Abdullah b non-negotiable. He expected lawyers to Che Lah’s only child, Muthanna b Dato Haji A Rahman lived respected and dress appropriately in jackets even when Abdullah (Honourable Society of the died regretted. attending the AGMs [Annual General Middle Temple, a Barrister-at-Law) was Meetings] and the Annual Dinners. until recently the Managing Partner S Balarajah Che Lah’s Hari Raya gatherings were of Messrs Lee Hishammuddin Allen 21 Jan 2015 wonderful and Tengku Esah’s Johore & Gledhill, Kuala Lumpur. He now Johore Bar Laksa was out of this world! practises in the ﬁ rm of Messrs Abdullah Chan & Co in Kuala Lumpur. In 1965, the Yang di-Pertuan Agong Abdullah b Dato Haji Abdul th bestowed upon Che Lah the title of One could assert with unabashed pride Rahman was the 10 President of Johan Mangku Negara (“JMN”). He also that Abdullah b Dato Haji Abdul Rahman the Malaysian Bar (1978–1980). had the Johore State honour of SMJ. is to the Johore Bar what YM Raja Aziz On 15 June 2015, the Johore Che Lah had an indulgent eye and a Addruse is to the Malaysian Bar. It is only Bar Auditorium was renamed the forgiving mind but he never sought fame just and proper to adhere to and comply Abdullah A Rahman Auditorium, in and name, which with his pedigree and with the wishes of the members of the honour of his services. connections he could have achieved in Johore Bar to name the main hall at the

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54 PRAXIS | JAN-JUN 2015 EVENTS 69th Annual General Meeting of the Malaysian Bar, Renaissance Kuala Lumpur Hotel (14 Mar 2015)

The President speaking his mind

The 69th Annual General Meeting of the called the meeting to order. By then, Malaysian Bar for the year ended 31 Malaysian Bar (“AGM”) was held at the an unprecedented 1,325 Members Dec 2014, which were also discussed, Renaissance Kuala Lumpur Hotel on 14 had registered their presence, and the considered, and adopted. Mar 2015. hall was fi lled to capacity. There was standing room only, and latecomers had This year, 12 motions were proposed As usual, the exhibitors were the ones to squeeze in at the back and along the for consideration at the AGM, some of who arrived the earliest. Some had even sides of the hall. which were related to current aff airs in set up their booths the day before, while the country that were of interest and the rest were up and about early in the The AGM commenced with a minute concern to Members, while others morning to prepare their booths by 7:30 of silence for Members (and former aff ected Members more directly: am outside the AGM venue, the Grand Members) of the Bar who had passed Ballroom of the hotel’s Convention away during the 2014/2015 term, with 1. “Motion against Shafee Abdullah”, Centre on the fi rst fl oor. the President reading out the names proposed by Tommy Thomas and of the deceased Members. Another seconded by V C George; This year saw exhibitors from a range minute of silence was next observed for of industries participating, such as the victims of Malaysian Airlines fl ight 2. “A Motion to call upon Mr legal publishers Legal Review, CCH, MH17, which was shot in Ukrainian Christopher Leong to retract the LexisNexis, and CLJ; insurance broker airspace on 17 July 2014, and AirAsia Press Release dated 11 February JLT; Australian judicial cartoonist fl ight QZ8501, which crashed on 28 Dec 2015 titled “Press Release: Dato’ Elizabeth Spencer; property developers 2014. Seri Anwar Ibrahim: Prosecuted SP Setia and Central Equity; and IT or Persecuted?” issued by him as solutions for case management provider Even while the AGM was going on, more President of the Malaysian Bar and Lex10. Members could be seen entering the to further call upon him to tender already overcrowded hall. a Public Apology to the Judiciary If last year’s number of attendees was in respect thereof for bringing impressive, this year’s was surely a sight The fi rst item on the agenda — the the Judiciary into contempt and to behold. By 9:43 am, the number of minutes of the 68th AGM held on 15 Mar misleading the Malaysian public”, Members who had registered was 506, 2014 — were discussed, considered and proposed by Faidhur Rahman thereby achieving quorum. By 9:56 am, adopted. This was followed by matters Abdul Hadi and seconded by Aidil the number swelled to 731. arising from the Extraordinary General bin Khalid; Meeting (“EGM”) held on 19 Sept 2014, At 10:35 am, the Chairman, Christopher the President’s Report, the 39 committee 3. Motion regarding the Sedition Leong (President of the Malaysian Bar), reports, and the audited accounts of the Act 1948, proposed by Ambiga

JAN-JUN 2015 | PRAXIS 55 EVENTS

Sreenevasan and seconded by 9. “Motion on the Bar Council’s consider the motion and not be cowed Ragunath Kesavan; Proposed Legal Profession (Group by the injunction, but other Members Practice) Rules 2013”, proposed disagreed strongly. The Chairman 4. “A Motion to revoke the Resolution by Edmund Bon Tai Soon and stated that the Bar would abide by the proposed by Christopher Leong, as seconded by Amer Hamzah bin injunction, and the fi rst motion was thus Chairman of the Bar Council and on Arshad, Foong Cheng Leong, taken off the agenda. Some Members behalf of the Bar Council in relation Yudistra Darma Dorai, Abdul Rashid proposed that the motion be discussed to the Sedition Act 1948 passed bin Ismail, Ong Yu Jian and Jamie at a later date, as the injunction would and adopted by the Malaysian Bar Wong Siew Min; expire in 20 days from the date it was at its Extraordinary General Meeting fi led. on 19 September 2014”, proposed 10. Motion “regarding the minimum by Faidhur Rahman Abdul Hadi standards and fair remuneration Debate on the second motion, which and seconded by Nurrul Nadia binti for Chambering Students / Pupils called for the President to retract Norrizan; in Chambers”, proposed by Steven his press statement entitled “Dato’ Hoe and seconded by Ashwin Seri Anwar Ibrahim: Prosecuted or 5. “A Motion to call upon the Malaysian Kumar; Persecuted?”, was vehement and Bar for transparency in respect consumed a signifi cant amount of time of the election of the Bar Council 11. “Motion on TPPA and ‘Investor- at the AGM. Both sides — in support members pursuant to sections 49, State Dispute Settlement’ (ISDS) of and against the motion — took to 50 and 51 of the Legal Profession Provisions”, proposed by Charles the microphone. Some Members in Act 1976”, proposed by Hanif Abdul Hector Fernandez; and support of the motion insisted that the Rahman and seconded by Azril President recuse himself from chairing Mohd Amin; 12. “Motion to increase Building Fund the discussion on this motion, with the levy from RM100 to RM250 per argument that there was a confl ict of 6. “Motion for the Provision of Legal annum for a period of 15 years”, interest as the motion was directed at Aid and Assistance to Workers”, proposed by Christopher Leong the President himself. However, the proposed by Charles Hector (Chairman, Bar Council), on behalf President declined to yield the chair. Fernandez; of the Bar Council. While salvo upon salvo of strong views was exchanged between both sides, 7. “Motion on Royal Pardon and The fi rst two motions presented heated it was clear that the President had the the Death Penalty”, proposed by issues, and were obviously the main overwhelming support of the attendees. Charles Hector Fernandez; draw to this year’s AGM. In respect of In defusing the allegation that the the fi rst motion — regarding the conduct President’s statement undermined the 8. Motion “regarding the Monopoly of senior lawyer Muhammad Shafee Judiciary, the President clarifi ed his of the Provision of the Professional Md Abdullah following the conviction press statement, yet stood his ground Indemnity Insurance by Jardine of Dato’ Seri Anwar Ibrahim — many and said he would not apologise for the Lloyd Thompson Sdn Bhd Members spoke out against the court misunderstanding of others. Finally, (Underwritten by Pacifi c & Orient injunction that the lawyer had obtained, a vote was taken, and the motion was Insurance Co. Berhad)”, proposed on the previous day, in order to prevent overwhelmingly defeated, with 161 by Steven Hoe and seconded by the AGM from addressing the motion. votes in favour, 1,194 votes against, and Vengetraman Manickam; There were several calls for the Bar to no abstentions.

The last motion, pertaining to an increase of the Building Fund levy, was next deliberated. While a few Members objected to an increase in the Building Fund levy, a majority of Members supported the increase, mainly for economic reasons, as the increase would save the Bar a substantial sum in rental costs per year. Some Members went to the extent of pointing out the poor working conditions at the Secretariat, and drummed up the support for a bigger building. This motion was carried, with 404 votes in favour, 26 votes against, and nine abstentions.

In short, after a gruelling eight hours of intense discussion and often impassioned debate, four resolutions were adopted: The hall was packed to capacity

56 PRAXIS | JAN-JUN 2015 EVENTS

(1) “Resolution to increase Building (3) “Resolution for the Provision A total of 1,906 Members registered Fund levy from RM100 to RM250 of Legal Aid and Assistance to their attendance at the AGM. The AGM per annum for a period of 15 years”; Workers” (after amendment); and — the longest one in recent years — was adjourned at 6:34 pm. (2) Resolution regarding the Sedition (4) “Resolution on royal pardon and the Act 1948 (after amendment); death penalty” (after amendment). Chin Oy Sim/Joane Sharmila Bar Council

The President reading the names of deceased Members Lawyers queue up to speak their minds

An overwhelming show of hands Democracy in action

The press conference after the conclusion of the AGM. The newly-elected President, Steven Thiru, speaking at the press conference. He is ﬂ anked by: (far left) Abdul Fareed Abdul Gafoor (Treasurer), (left) George Varughese (Vice-President), and (right) Karen Cheah Yee Lynn (Secretary)

JAN-JUN 2015 | PRAXIS 57 EVENTS Malaysian Bar Annual Dinner and Dance 2015 (14 Mar 2015)

Woods on a Snowy Evening”, of which he quoted the last stanza:

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.

He remarked that to him, the poem was a reminder that his work was still unfi nished. He then continued to recall that the second term was equally memorable and challenging. Now, as outgoing President, when asked what were his accomplishments and achievements, he reiterated that “the presidency is not about the person’s achievements; it is not about any David Gomes (at keyboards) and his band entertain the crowd. one person for the time being. … It is about the continuity of the work and responsibilities of the Bar in meeting The Malaysian Bar Annual Dinner and Justice of Malaysia; members of the the demands and expectations of its Dance 2015 was held at the Majestic Judicial Appointments Commission; Members and the public.” Ballroom of The Majestic Hotel Kuala Michael Hwang SC, Chief Justice of Lumpur on 14 Mar 2015. Although the the Dubai International Financial Centre He then thanked his fellow Offi ce th 69 Annual General Meeting of the Courts and former President of the Law Bearers — Steven Thiru, Richard Wee Malaysian Bar ended at 6:34 pm, the Society of Singapore; Datuk GBB Nandy Thiam Seng and Karen Cheah Yee Lynn elegant foyer of the modern colonial- @ Gaanesh, President of Sabah Law — during his term, and made a special style hotel received guests arriving as Association; Leonard Shim, President of mention of appreciation to Rajen Devaraj early as 7:00 pm, in glamourous fl apper the Advocates’ Association of Sarawak; and Chin Oy Sim, Chief Executive dresses and fi ne suits in line with the past Presidents of the Malaysian Offi cer (“CEO”) and Deputy CEO of the theme for the night’s event, “The Great Bar; representatives from various Bar Bar Council Secretariat, respectively. Gatsby: Bringing Back the 1920s”. Associations; ambassadors and High He ended his speech by congratulating Commissioners; and deans of law the Offi ce Bearers of the Malaysian Bar It was the perfect opportunity for faculties. Several Members of the Bar for the 2015/2016 term. everyone to unwind after the day-long as well as non-practitioners also graced meeting and to just enjoy each other’s the event, donning outfi ts inspired by After his speech, Christopher Leong company. A photo booth backdrop was old Hollywood glam. invited Steven Thiru, the newly- set up near the registration counters elected President of the Malaysian — complete with 1920s-themed At about 9:00 pm, the emcee, Louis the Bar for the 2015/2016 term, onto the props such as feather wraps, fans and Maestro addressed everyone in the hall stage, and presented to him the fl ag eyeglasses. and kick-started the event by inviting of the Malaysian Bar, to symbolise the the outgoing President of the Malaysian handing over of the presidency. This This year’s dinner saw almost 1,000 Bar, Christopher Leong, to the stage. was a historic moment, as it had never persons in attendance, the highest been done before. Steven Thiru then turnout in many years, including the In his speech, Christopher Leong awarded a token of appreciation to presence of distinguished guests such recalled how the past Presidents had Christopher Leong, who received a as the guest of honour YAA Tun Arifi n b warned him — before he assumed the standing ovation. The video montage, Zakaria, Chief Justice of Malaysia; YAA offi ce of the presidency of the Malaysian comprising photos of Christopher Tan Sri Dato’ Seri Md Raus b Sharif, Bar — that “nothing prepares one for Leong in action throughout his years President of the Court of Appeal of presidency”. He noted that he should as Bar Council member and Offi ce Malaysia; Federal Court, Court of Appeal have heeded those warnings and by Bearer of the Malaysian Bar, received and High Court Judges; former Judges the end of the fi rst term, it was already loud applause and enthusiastic laughter of Federal Court and Court of Appeal; taking a toll on him. However, at that when photos of him in a superhero outfi t Judicial Commissioners; Tun Mohamed point, he was reminded of the poem fl ashed across the screen. Dzaiddin b Haji Abdullah, former Chief by Robert Frost entitled “Stopping by

58 PRAXIS | JAN-JUN 2015 EVENTS

The dinner began with a food Ramani’s daughter-in-law accepted mini 3 (sponsored by the Penang Bar presentation. A few courses into the award, which was bestowed Committee) and the grand prize: a the dinner, Anand Ponnudurai, Co- posthumously. four-day, three-night stay in a luxurious Chairperson of the Bar Council Sports two-bedroom serviced apartment in Committee, took to the stage to present As dinner resumed, guests were Melbourne, Australia (sponsored by the Sports Personality of the Year entertained by David Gomes, a local jazz Central Equity). Award. The four recipients for 2015, pianist and vocalist singer who rendered who each received the signature jacket jazz versions of classics such as I’ve The dinner-and-dance bash would and a certifi cate, were Manmohan Singh Got You Under My Skin, Blue Suede not have been possible without the Kang a/l Sukhbir Singh, Mohd Rasheed Shoes, Can’t Buy Me Love and Get tireless commitment of the Organising Hassan, Sanjay @ Jegathesan a/l S Here (If You Can), to name a few. Also Committee, headed by Richard Wee Mohanasundram and Yeoh Cho Kheong. performing that night was Junji Delfi no, Thiam Seng, Secretary of the Malaysian The revelry continued with M also local jazz vocalist and spouse to Bar for the 2014/2015 term. The Bar Ramachelvam, Chairperson of the David Gomes, who sported diff erent Council records its thanks to the Malaysian Bar Lifetime Achievement costumes for each song she sang, and Secretary and the members of the Award Selection Committee, presenting was accompanied by four dancers in Organising Committee — Anne Andrew, a brief introduction about the Award. fancy and sparkling costumes. Lily Aw, Rajen Devaraj, Sangheetha After the video presentation on Dr Kuppusamy and Suriati Dalilan — for the Radhakrishna Ramani, the deserving It was well into the night when the enjoyable and festive gala. recipient of the Malaysian Bar Lifetime lucky draw commenced. Prizes for Achievement Award 2015, Sulaiman the draw included a day spa package Baizura Abd Razak Abdullah — who had penned the citation for two at The Banjaran Hotsprings Editor/Writer — then delivered the citation for Dr Retreat (sponsored by The Banjaran Bar Council Radhakrishna Ramani. Dr Radhakrishna Hotsprings Retreat), one Apple iPad

The guests of honour included (middle) YAA Tun Arifi n b Zakaria, Chief The symbolic handing-over of the Malaysian Bar fl ag to the newly-elected Justice of Malaysia; and YAA Tan Sri Dato’ Seri Md Raus b Sharif, President, Steven Thiru. A historic moment, which further cemented the President of the Court of Appeal of Malaysia importance and signifi cance of the Offi ce of the President

Sports Personalities of the Year 2015

The Sports Personalities of the Year 2015 are as follows:

(1) Manmohan Singh Kang a/l Sukhbir Singh — volleyball (2) Mohd Rasheed Hassan — golf/tennis (3) Sanjay @ Jegathesan a/l S Mohanasundram — cricket (4) Yeoh Cho Kheong — tennis

Please visit www.malaysianbar.org.my/sports/sports_ personalities_of_the_year_2015.html to read more about the sports personalities.

The recipients of the Sports Personality of the Year award for 2015 were Mohd Rasheed Hassan (extreme left), a representative of Manmohan Singh Kang a/l Sukhbir Singh (second from left), Sanjay @ Jegathesan a/l S Mohanasundram (third from right), and Yeoh Cho Kheong (second from right). Immediate past President, Christopher Leong, stands in the middle, while Anand Ponnudurai, Chairperson of the Sports Committee, stands on the far right

JAN-JUN 2015 | PRAXIS 59 EVENTS LEXPO Rocks Dataran Undergrnd (28 Feb 2015)

Santhi Latha (left) speaking at the talk, while Steven Thiru (right) looks on

In June 2014, the Bar Council Secretariat We considered a few possible dates we now needed a theme. A branding (“Secretariat”) was tasked to undertake before fi rming up 28 Feb 2015 as the professional was engaged to work what was to be its very fi rst legal career event date. Venue “recces” were made with the team on the event theme, fair. This event would have Member of several locations before fi nally settling conceptualisation and marketing. For fi rms’ need in recruiting legal talent as on Dataran Undergrnd, in Merdeka the latter two, we put all our faith in its key objective. The Secretariat team Square. the Internet and social media. We also formed to carry out this project quickly engaged a website designer to create expanded the idea of a simple career Back to the name of the event — after the LEXPO website, which allowed fair to a full-blown career and education several brainstorming sessions, the reservation of booths online. exposition, amplifying its original team fi nally decided to call the event objective in the process. “Malaysian Legal Expo”. However, in Moving the Plan Forward: Space a sudden pike of creativity, the name and Programme Moving the Plan Forward: The “LEXPO” was blurted out by one of the Name, Theme, Venue team members — “LEX” being “law” in Deciding on the number of booths Latin, while “PO” is just one half of the was no less than daunting. Too few We (the Secretariat team) kick-started word “expo”. With the name decided, booths, and the event halls would look the process by deliberating on the project name and theme. It was no easy feat as the name had to have the potential of being a brand name in itself. The theme, on the other hand, had to encompass all the objectives and concepts that befi tted the team’s visualisation, both of which remained sketchy at this juncture.

We realised that the main hurdle was the moderate budget allocated for this project, and that Bar Council’s future plans to have its own career fair aimed at beneﬁ tting its Members as it is statutorily bound to do, depended on the success of this inaugural career and education exposition. We were therefore under pressure to produce the best result. Eager participants queueing up to register for LEXPO

60 PRAXIS | JAN-JUN 2015 EVENTS

to address students during school assemblies and to do quick pitches in Form 5 and Form 6 classes, besides distributing promotional materials and ﬂ yers to the students. The idea was to create a foothold in branding LEXPO to our targeted captive audience. We are thankful to the management of these schools for the opportunities and their cooperation.

The next task was putting up the publicity materials. We set up banners at selected courts in Putrajaya and Kuala Lumpur, and a day before LEXPO, we hung our own banners and buntings at Dataran Undergrnd, working from early morning until late that night.

Participants briefed by exhibitors The Day of Reckoning: LEXPO! bare; too many booths, and we faced • Academic independence. The day we looked forward to, and the possibility of not being able to sell worked so hard for, had fi nally arrived. all the booth space. The LEXPO team Moving the Plan Forward: At 10:00 am on 28 Feb 2015, LEXPO recognised that the way forward was Publicity 2015 offi cially opened to the public ensuring that the desired crowd was with 30 booths consisting of law fi rms, public universities, private law schools, drawn to this event. This inaugural legal exposition marked a exhibitors off ering services relating to series of many fi rsts for the organising legal works, legal publishers, and our With this in mind, we decided that the team. We were aware that as part of the very own Bar Council committees. main highlights of the day were the talks LEXPO branding exercise, we needed related to legal career and education. to reach out to schools and universities. In spite of the team being ab le to And to make the talks meaningful for In view of that, we wrote to the Ministry accomplish its targets and tasks thus the visitors, these talks would have to of Education and the Ministry of Higher far, we still had our fears. The persistent incorporate the transitioning periods, Education for support, endorsement and concern in our minds was that visitor from deciding on embarking on a legal permission to approach government turnout would be low. Nevertheless, education to choosing law as a career. universities. We also wrote to individual this fear was allayed when we received Therefore we lined up talks that covered State Education Departments of Kuala a group of students from Terengganu the following subjects: Lumpur, Selangor and Putrajaya for who had chartered a bus to visit LEXPO. their consent to allow us to promote the We also found out that there were at • The various pathways towards event in selected secondary schools. least three other groups of students in obtaining a qualifi cation in law; We were elated to receive positive chartered buses from the University • The Common Bar Course mooted responses from all of them. of Malaya and Universiti Kebangsaan by the Bar Council; Malaysia who were making their way to Two weeks leading to the actual date • The objects and functions of the LEXPO. Malaysian Bar; of the event, we visited several schools in the Klang Valley to promote LEXPO. We were also delighted and gratifi ed that • How to embark on a career in law; There, we were given opportunities and we achieved a full house audience for all the talks at LEXPO 2015. The complete list of topics and speakers who took time off to participate in LEXPO are as follows:

• “Legal Education: Pathway to the Legal Profession” by Santhi Latha, Director of the Bar Council Continuing Professional Development (“CPD”) Department; • “Common Bar Course” by Steven Thiru, President of the Malaysian Bar (then Vice-President of the Malaysian Bar); Chairperson of the

JAN-JUN 2015 | PRAXIS 61 EVENTS

Associate Professor Dr Azmi Sharom holds the audience captive

Bar Council Ad Hoc Committee on career and education exposition with its LEXPO a success. Last but not least, the Common Bar Course; own captive audience. we acknowledge the exhibitors who • “The Malaysian Bar: Its Objects signed up for this inaugural LEXPO and the visitors for making this event a and Functions” by Ravi Nekoo, Feedback Member of the Bar; successful one. An exhibitor reported having over 80 • “Co ff ee Table Talk: Law Practice enquiries/job applications. See you at LEXPO 2016! as a Career Option” by HR Dipendra and Firdaus Husni, Kenneth Ang Members of the Bar. This session A private college registered eight Bar Council was moderated by Richard Wee students for their Certifi cate in Legal Thiam Seng, then Secretary of the Practice (“CLP”) programme. Malaysian Bar; • “Practising Law: Where Do I Begin?” by SM Shanmugam, A visitor suggested that the LEXPO Member of the Bar; and team expand the talks to cover • “Academic Independence: How environmental law issues. Much, How Far?” by Associate Professor Dr Azmi Sharom, from University of Malaya. Several visitors asked whether there were plans to take LEXPO to diff erent states. By the time LEXPO came to a close, we managed a conservative number of 500 visitors for this one-day event, based on Their feedback and suggestions truly the actual number of registrations. encouraged us, and as organisers, we look forward to enlarging the scope of In order to gauge whether LEXPO had this initiative. In fact, we have already indeed achieved its intended objectives, started working on the next LEXPO! we gathered views from the exhibitors via our post-event survey questionnaire In conclusion, we thank Bar Council, as well as from visitors. In general, all the in particular the Offi ce Bearers, for exhibitors were satisfi ed with the venue believing in us, and the management due to its accessibility as well as crowd of the Bar Council Secretariat for their turnout, bearing in mind that this was a support, which was crucial in making

62 PRAXIS | JAN-JUN 2015 EVENTS 46th Malaysia/Singapore Bench and Bar Games 2015, Singapore (30 Apr to 2 May 2015)

The 46th edition of the Malaysia/Singapore Bench and Bar Games 2015 was held in Singapore from 30 Apr to 2 May 2015. This time, the Singaporean team emerged victorious, with an overall score of 9.5 points against 5.5 points.

Congratulations to the Singaporean team! To the Malaysian team, defeat does not mean the end. Let us look forward and set our sights on the next Bench and Bar Games!

The results of the individual sports are as follows:

Score Sport Winner Malaysia Singapore Badminton 4 1 Malaysia Basketball* 48 46 Malaysia Boat Race* - - Singapore Bowling 7.5 5.5 Malaysia Singapore Cricket 100 all out 101 for 4 (by 4 wickets) Cross Country 277 143 Singapore Darts* 2 3 Singapore Golf 15.5 7.5 Malaysia Hockey 2 2 Draw For more reports on the Games, please read the following: Ladies Soccer 0 1 Singapore (1) “Malaysia/Singapore Bench and Bar Games 2015, Netball 32 38 Singapore Singapore — Day 1” http://www.malaysianbar.org.my/ Pool 3 5 Singapore sports/malaysia/singapore_bench_and_bar_games_2015_ Premier Soccer 1 2 Singapore singapore_day_1.html (2) “Malaysia/Singapore Bench and Bar Games 2015, Squash 0 7 Singapore Singapore — Day 2 (30 Apr to 2 May 2015)” http://www. Table Tennis 2 3 Singapore malaysianbar.org.my/sports/malaysia/singapore_bench_ Tennis 1 6 Singapore and_bar_games_2015_singapore_day_2_30_apr_to_2_ may_2015.html Veterans Soccer 2 1 Malaysia (3) “Malaysia/Singapore Bench and Bar Games 2015, Volleyball 3 2 Malaysia Singapore — Day 3” http://www.malaysianbar.org.my/ Total Points 6.5 11.5 Singapore sports/malaysia/singapore_bench_and_bar_games_2015_ singapore_day_3.html *Non-competitive (4) “Malaysia/Singapore Bench and Bar Games 2015, Singapore (30 Apr to 2 May 2015) (Golf: Day One)” http:// www.malaysianbar.org.my/sports/malaysia/singapore_ bench_and_bar_games_2015_singapore_30_apr_to_2_ may_2015_golf_day_one.html (5) “Malaysia/Singapore Bench and Bar Games 2015, Singapore (30 Apr to 2 May 2015) (Squash: Day Three)” http://www.malaysianbar.org.my/sports/malaysia/ singapore_bench_and_bar_games_2015_singapore_30_ apr_to_2_may_2015_squash_day_three.html

JAN-JUN 2015 | PRAXIS 63 LIFESTYLE Netting the Ball

The Malaysian Bar Netball team (in dark blue) pose with their Singaporean counterparts (in light blue) at the Malaysia/Singapore Bench and Bar Games 2015, 1 May 2015

Slippers are cast aside as ankle and that was exciting, challenging, stressful, we have one thing in common — our knee guards and various muscle plasters tough, all bundled in one, the intensity of commitment to netball — and one emerge; the smell of muscle ointment, it all was priceless. It was such training aim, which is to win! The care, bond, topical pain relief and mosquito repellent and experience that instilled good support and spirit of the team is quite fi lls the air … training foundations and principles. spectacular, and I am proud to be in this Noortasha Devi Paramaswaran (Tasha) team,” said Syarihah Razman, beaming After a long and hard day at work, the who only started playing netball while with pride. She added that though the Malaysian Bar Netball team fulfi l their chambering, puts it this way: “Life is ladies are in their uniforms while playing, commitment to their teammates and not always about the law and work. it is perhaps the diversity of the team their coach for their training sessions, Sometimes we need to build diff erent that has contributed to its success over even if that sometimes means they have kinds of relationships outside of work, the years. “For this game it is not about to highlight bundles of authorities in to gain a more wholesome look of individual performance, but it is unique their cars before netball practice! life. There’s not enough time to do as you need to connect with all players everything, but there is enough time to in order to score a goal,” explained Despite their busy schedules, one is in do something.” Syarihah. awe of how the team manages to fi nd the time to work and play and pursue Be they fi rst-timers or experienced It brings a warm and fuzzy feeling that their passions. With unerring accuracy players, netball has served as an ice- not only were the players happy to and veracity, Deepa Nambiar explains: breaker and stress reliever, and has be interviewed, but also during the “Do it now, not tomorrow, not next given the players carefree happiness interview, the interviewer was invited year. It’ll get harder as you mature into and memorable moments. For Wong to join the Netball team! So it seems practice and start having more and more Keat Ching, she would never forget that they can really make one feel commitments. As the saying goes, the the night she won an inter-hall netball welcome and at home. This brings back time is always right to do what is right.” tournament while studying overseas: memories for Natalie Tan, who recalled “For a foreign student from a faraway watching the team play when she heard From the dream and ambition of place, they made me feel totally at home Christina Knew Lit Fong ask “Is there changing the world, to actually helping and part of their sports family.” a lawyer? Are you a lawyer?” Those people, giving back to society, or just questions were Natalie’s stepping stone in admiration of their role models, the Indeed, their captain described the to the game, and on hindsight, helped members of the Netball team heeded the team well. “The Netball team is like a unearth her talents, which she said she call to the Bar. Although their early years small family comprising many talented “inherited” from her grandmother, who of practice proved to be an eye-opener women. The team is so diverse but was a netballer as well. A point to note

64 PRAXIS | JAN-JUN 2015 LIFESTYLE

fashion, patronise the “mamak” to celebrate successes and farewells.

Such moments of fellowship are strong enough to transcend the demands of everyday life, and foster understanding and build great friendships, proving that no matter how hectic they are with work, netball practice, family or children, or even personal matters, they always make time to be there for their fellow players, on or oﬀ both courts. To drive this point, Kathleen Nunis noted: “The women in my life that I can count on are my schoolmates and the Netball team.”

Christina recalled her ﬁ rst defeat with the team in the Malaysia/Singapore Bench and Bar Games 2013: “After the ﬁ nal whistle, we hugged and gave courage to one another and we stayed strong. None of our players shed a tear. We thought we could have won but that’s The Malaysian Bar Netball team shares great camaraderie how a match is; you win some, you lose some. In that moment, I knew my team was extraordinary and that nothing could break us. The team spirit, friendship and good sportsmanship were values within us which no opposing team could beat out of us. I was so proud of us at that moment even though we lost.”

Having teammates who are lawyers have allowed them the “privilege” of bouncing ideas off each other. This has helped not just in developing more confi dence and contacts within the legal community, but just knowing seniors who are kind, compassionate and who are always willing to teach and share, has inspired the team to keep playing and reaching out to the juniors. “Being in the team has helped me push myself more than I would have. To always The Malaysian Bar Netball team at the Malaysia/Singapore Bench and Bar Games 2015, 1 May 2015 know that when you have reached your maximum and when you think you though, as welcoming as they are, their movie or television. It is whether you cannot do any further, there is still a bit training practice can be quite gruelling, want to make the time for it.” more you can go. It is true of netball and as it is “fast, strict and non-forgiving”, being a lawyer,” Syarihah mused. and injuries are the real enemy in this Deepa added: “The best part about the game. Netball team is — we’re really friends With greater maturity and experience, over and above everything else, and members of the Netball team have learnt There is much to appreciate and admire that’s what keeps us strong and coming to focus better on their tasks, whether about these players, as they juggle their back for more and more pain!” They in the legal court or on the netball time between legal work, raising families, are very much like sorority girls; there is court. Kathleen ended with these wise as well as their personal lives, with obviously a very close bond among them, words: “You have to be certain that that netball practice. Keat Ching explained and this bond is further strengthened particular passion is what you really their dedication to the game: “Work will through the vigour of practice where want, and if so, to strive to achieve that always be there and can never fi nish, so the players train, sweat, get injured and goal and to realise that in the end, it is for me, it is about making a commitment compete together. Best of all, after their the good old-fashioned principles of to take two or three hours off twice or games, they dress up for gala dinners, responsibility, integrity, commitment, three times a week to play netball, like practise for performances, organise teamwork, and sheer hard work that will one would take the time off to watch a birthday parties, and in true Malaysian allow one to reach that goal.”

JAN-JUN 2015 | PRAXIS 65 LIFESTYLE

The Netball team comprises the Rosman, Natalie Tan, Noortasha Devi following members: Paramaswaran, Syarihah Razman, The Malaysian Bar Netball team Shazana Binti Shaharudin, Wong Chooi personally thanks its stalwart Cassandra Lim Jen Nie, Christina Knew Mey, and Wong Keat Ching sponsors, namely Messrs Lit Fong, Deepa Nambiar, Dhayalini Mohanadass Partnership, Messrs PG Doraisamy, Diana Hazari, Eliv Lau KS Shasha Malik Imtiaz Sarwar, Messrs Thomas Hiang Ping, Kathleen Nunis, Khor See Advocate and Solicitor Phillip, Omesti, and Datin Noreen Yimn, Marie-Julie Wan Ullok, Maya Jayadeep Hari & Jamil Ahamad who have with their support Gayathri Devaruban, Nadira Adline and sponsorship, made the victories and training sessions of the netball team possible. Any individual who wishes to join or sponsor the Netball team are welcome to contact Syarihah Razman, captain of the team and convener for the Malaysian Bar and Kuala Lumpur Bar, via email at [email protected].

The team has several training sessions each week at the following venues and times: • Tuesdays at 8:00 pm at Taman Tasik Titiwangsa; • Thursdays at 8:00 pm at Garden International School; • Saturdays at 8:00 am at SMK Sri Aman; and • Sundays at 8:00 am at Kelab Group photo of the Malaysian Bar Netball team at the Malaysia/Singapore Bench and Bar Games Rakan Muda, Bukit Kiara. 2015

All smiles and beaming faces

66 PRAXIS | JAN-JUN 2015 CASE NOTES – HIGHLIGHTS FROM THE FEDERAL COURT Case Notes — Highlights from the Federal Court

Planning Law: Construction of guard house and boom gates were duly that there were forty squatters and a Boom Gates and Guard Houses authorised structures under the SDBA, school on the land. The Respondent Tort: Nuisance — Obstruction on the Town and Country Planning Act was to grant vacant possession of Road 1976 and the Local Government Act the land by removing the squatters 1976 and could not therefore amount and relocating the school within the The Federal Court in Au Kean Hoe to an obstruction under section 46(1) time period provided in the SPA. The v Persatuan Penduduk D’Villa (a) of the SDBA. In this regard, it was Appellant was then obliged to complete Equestrian [2015] 3 CLJ 277 delivered found that the developer of the housing the SPA by paying the balance purchase a landmark decision related to gated estate had obtained the approval of the price. The time period to complete the communities and the right of Residents’ MBPJ to construct the guard house in SPA was to be computed from the date Associations to erect a guard house with 2002 and, subsequently, in 2012, the on which the Respondent delivered boom gates with the approval of the MBPJ had retrospectively approved the vacant possession of the land. local authority. construction of both the guard house and the boom gates. Upon signing the SPA, the Appellant The Appellant was the co-owner of a paid 10% of the purchase price to the house in a housing estate in Petaling The Federal Court proceeded to fi nd Respondent as deposit. Further, the Jaya. The housing estate had only one that the Appellant’s complaint in the SPA and a Power of Attorney (granted entrance and exit road on which the appeal was founded exclusively on to the Appellant under the SPA) also developer of the estate constructed the inconvenience that he experienced gave the Appellant immediate access to a guard house and two boom gates. from having to operate the boom gates the land to begin the construction of a The Respondent was the Residents’ himself. In this regard, Zulkefl i Makinudin shopping mall (“the Mall”). Association of the housing estate and, CJM classifi ed the Appellant’s claim as in 2011, it issued a circular to all the a complaint of inconvenience and not The Respondent’s position in the case residents of the residential area that a complaint against an obstruction. was that the school was relocated and stated that those who failed to pay the Accordingly, it was held that the vacant possession had been delivered requisite security and maintenance Appellant’s claim did not amount to an on 21 Nov 2005. Thus, the balance charges would be required to operate actionable nuisance nor did it constitute purchase price became payable on 21 the boom gates themselves and without an actionable obstruction. In this Mar 2006 (or on the extended date of the assistance of the guards on duty. connection, the Federal Court accorded 21 May 2006) as per the SPA. However, The Appellant had, by the time of the due recognition to the “underlying the Appellant took the view that vacant issuance of the circular, ceased paying rule … that individuals live within a possession had only been delivered on the security and maintenance charges community and it is always the balancing 28 Feb 2006 and, therefore, the balance of the individuals’ inconvenience against purchase price was only to be paid on The Appellant then initiated a suit in the communities’ interest that is of 30 June 2006 or on 30 Aug 2006. nuisance against the Respondent on paramount concern.” the grounds, amongst others, that the The Appellant failed to pay the balance boom gates constituted an obstruction Contract: Breach — Recovery of purchase price on any of the completion under section 46(1)(a) of the Street, Vacant Possession/Automatic dates mentioned above and the SPA Drainage and Building Act 1974 (“the Termination of Sale and was thereafter terminated. SDBA”) as the Appellant was required Purchase Agreement to operate the said gates himself and Contract: Breach — Remedies/ The Respondent then commenced a without the assistance of the guards. Unjust Enrichment/Account of claim in the High Court for the recovery It was also argued that the boom Profits of vacant possession of the land. It is gates and the guard house were illegal important to note that by the conclusion of the High Court trial, the Appellant as they were built without the prior In Dream Property Sdn Bhd v Atlas had completed the construction of the approval of the local authority, Majlis Housing Sdn Bhd [2015] 2 MLJ 441, Mall and a fully operational commercial Bandaraya Petaling Jaya (“the MBPJ”). [2015] 2 CLJ 453, the Federal Court was The Respondent counterclaimed for the invited to decide upon the application of complex occupied a portion of the land. arrears of the Appellant’s security and the principle of the automatic termination The Respondent’s suit was premised maintenance charges and also sought of a contract and, further, the remedy of on the Appellant’s breach of the SPA an injunction to restrain the Appellant unjust enrichment in Malaysian contract due to the Appellant’s failure to pay the from harassing the Respondent and the law. balance purchase price within the time security guards on duty. contemplated under the contract, which The dispute between the parties warranted the latter’s return of the land Both the High Court and the Court of concerned the termination of a sale and and, further, the Appellant’s account Appeal dismissed the Appellant’s claim. purchase agreement for a plot of land for the profi ts that it had obtained from The Appellant was thereafter granted (“the SPA”), where the Respondent was the Mall since its occupation on the leave to appeal against the Court of the vendor and the Appellant was the land. The Appellant counterclaimed Appeal’s decision at the Federal Court. purchaser. to, amongst others, be adequately compensated for its establishment of The Federal Court unanimously Prior to the execution of the SPA, the the Mall in accordance with the principle dismissed the appeal and held that the Respondent and Appellant were aware of unjust enrichment.

JAN-JUN 2015 | PRAXIS 67 CASE NOTES – HIGHLIGHTS FROM THE FEDERAL COURT

The High Court allowed the Respondent’s to the Appellant was to be limited to that the Appellant’s claim was time- claim and ordered the return of the land the costs of construction of the Mall. barred as the concession agreements to the Respondent and, further, that The Federal Court instead ordered were terminated in 1975. The Appellant was to pay the Respondent that the Appellant be paid a monetary Respondent also contended that the the profi ts that it had derived from the sum equivalent to the current market concession agreements had been land and, lastly, that the Respondent value of the Mall. This was awarded validly terminated and, further, that the was to pay the Appellant the costs of in accordance with the principles parties had not executed a settlement construction of the Mall. The majority of unjust enrichment as the Federal agreement as alleged. of the Court of Appeal upheld the High Court accepted the argument that the Court’s decision but clarifi ed the order Respondent had been unjustly enriched The Respondent elected not to tender relating to the account of profi ts and in view of the recovery of its land that any evidence at the trial. The High Court ruled that the Appellant is only to pay now contained a fully functional Mall, then allowed the Appellant’s claim. The the profi ts derived from its use and the market value of which far exceeded Court of Appeal thereafter allowed the occupation of the land. the value of the land. Further, it was held Respondent’s appeal and set aside the that the Respondent had been enriched fi ndings of the High Court. The Appellant was then granted leave at the expense of the Appellant who to challenge the majority decision of the had expended time, eff ort and expertise The Federal Court dismissed the appeal Court of Appeal. in establishing the Mall in its present and held that the Appellant’s claim was state. Therefore the Federal Court barred by limitation as the Respondent’s The Federal Court allowed the appeal decided that it was unjust to allow the decision to terminate the concession in part. In this regard, the fi ndings of Respondent to be enriched to the extent agreements was made in 1975 and the majority of the Court of Appeal on of the full commercial value of the Mall the instant suit was only fi led in 2004. the liability of the Appellant in acting while having only to pay for its costs of Further, the Federal Court found that in breach of the SPA were upheld. construction. the Respondent did not make any However, the Federal Court allowed representations during the settlement the appeal on the relief awarded by the Civil Procedure: Appeal — negotiations that indicated that it would majority of the Court of Appeal. Whether the Court of Appeal can waive its reliance on the defence of Reverse a Trial Judge’s Findings limitation in the event the settlement The Federal Court held that the of Fact Where the Defendant Had discussions fell through. Appellant had breached the SPA by Failed to Tender Any Evidence at failing to pay the balance purchase price Trial The Federal Court also held that the on the completion dates suggested by Civil Procedure: Res Judicata High Court’s dismissal of an application, the Respondent and therefore ordered fi led by the Respondent, to strike out the return of the land to the Respondent. the Appellant’s claim on the grounds The primary issue for determination in The Appellant’s failure to pay the balance of limitation did not preclude the Syarikat Kemajuan Timbermine Sdn purchase price amounted to a breach Respondent from raising the limitation Bhd v Kerajaan Negeri Kelantan Darul of a fundamental term of the contract defence in the main suit. This was Naim [2015] 2 CLJ 1037 was whether and it also brought into operation the because the decision of the High Court, an appellate court was precluded from “automatic termination” clause of the which was made by a Registrar, “lacked reversing the fi ndings of a trial judge SPA (ie Clause 12), which resulted in the essential element of fi nality” as it where the defendant to the suit had the automatic termination of the SPA. was based on the “limited material then elected not to tender any evidence at In this connection, the Federal Court available” at the interlocutory (pre-trial) trial. held that Clause 12 of the contract was stage. enforceable as the parties had expressly The Respondent granted the Appellant agreed to the automatic termination of Further, the Federal Court held that the the right to log and extract timber the SPA upon the failure of the remittance Appellant had failed to discharge its in Kelantan pursuant to a series of the balance purchase price within the burden of proof as to the existence of the of concession agreements. The stipulated time frame. purported settlement agreement. This Respondent terminated the concession was notwithstanding the Respondent’s agreements due to the Appellant’s failure The Federal Court then set aside the election not to lead any evidence or to meet certain milestones under the order for the Appellant to account for the call any witnesses at trial as it remained agreements. The Appellant challenged profi ts that it had derived from the Mall. imperative for the Appellant to tender the termination of the agreements The Court instead ordered the Appellant suffi ciently cogent evidence to prove and the parties thereafter entered into to pay the Respondent the market rent its case. This led to the Federal Court’s negotiations to settle the dispute. The of the unimproved land following the fi nding that an appellate court was not negotiations did not produce a resolution assessment of the same by the High precluded from reversing the fi ndings of of the dispute and the Appellant then Court. This ruling was made on the fact of a trial court in instances where instituted a suit against the Respondent. premise that, amongst others, an order the defendant had failed to call any for an account of profi ts could only be In the suit, the Appellant alleged that the evidence at the trial. awarded where it had been established Respondent had unlawfully terminated that there had been a breach of a the agreements and, further, that the Gregory Das fi duciary duty, which was not the case in Respondent had breached a purported Advocate and Solicitor the instant appeal. settlement agreement between the Messrs Shook Lin & Bok parties that resulted from the settlement The Federal Court also set aside the negotiations. The Respondent argued order that the compensation payable

68 PRAXIS | JAN-JUN 2015 STATE BAR NEWS

Seminar on “An Introduction on GST”

Johore Bar On 28 Nov 2014, Johore Bar and the Bar Council Continuing Professional Development Committee jointly organised a seminar on “An Introduction to GST” at Berjaya Waterfront Hotel, Committee Johor Bahru. The speakers were Anand Raj and Benedict Francis, and the seminar was attended by 248 participants. Seminar on “An Overview of Sale and Purchase of Shares and Businesses”

The Johore Bar Continuing Professional Development Committee organised a seminar that was conducted by Sheba Gumis on 14 Nov 2014 at the Johore Bar Auditorium. The seminar provides a preliminary overview on the fundamental aspects of transactions involving the sale and purchase of shares and businesses. A total of 86 participants were present. Anand Raj addressing the participants

rd 43 Annual Johor Bench and Bar vs Police Games 2014 enjoyed a good turnout with about 20 young lawyers participating in the event. The 43rd Annual Johor Bench and Bar vs Police Games 2014 (“Games”) was held from 21 to 27 Nov 2014. Twelve sports were played at this year’s edition of the Games, namely cricket, hockey, table tennis, netball, volleyball, badminton, futsal, tennis, golf, football, sepak takraw, pool, and darts, at several sporting venues. The Games were jointly offi ciated by YA Dato’ Mohd Sofi an b Tan Sri Abd Razak, Senior High Court Judge in Johor Bahru, and YDH Dato’ Mohd Mokhtar b Hj Mohd Shariff , Chief Police Offi cer of Johore, followed by a game of cricket at Johor Cricket Council, Mutiara Rini, Johor Bahru. The Games ended with a closing ceremony and dinner hosted by the Police at Dewan Dato’ Onn, IPK Johor Bahru on 30 Nov 2014. The police team emerged as winners of the Games.

The girls posing with their weapons

Talk on “Good Conscience in Legal Practice and Professionalism”

A seminar on “Good Conscience in Legal Practice and Professionalism” was held on 15 Dec 2014 at the Johore Bar Auditorium. The seminar was presented by Tuan Roslan b Mat Nor, Chairman of the Industrial Court in Johor Group photo of the cricketers Bahru, and attended by 41 participants. Seminar on “Recent Workshop on “Billing & Farewell Dinner in Honour of YA Developments in Contract Law” Collections” Tuan Gunalan Muniandy

On 25 Nov 2014, the Continuing Professional The “Billing & Collections” workshop On 22 Dec 2014, a farewell dinner in honour Development Committee organised a seminar was jointly organised by the Johore Bar of former Johor Bahru High Court Judicial on “Recent Developments in Contract Law” Continuing Professional Development Commissioner, YA Tuan Gunalan Muniandy at the Johore Bar Auditorium. Sudharsanan Committee and the Bar Council PII and (who was transferred to the High Court in Shah Alam, Selangor) was organised by the Social Thillainathan spoke at the seminar which was Risk Management Department, at the Committee of the Johore Bar, held at Puteri attended by 80 participants. Johore Bar Auditorium on 5 Dec 2014. The Pacific Hotel, Johor Bahru. The dinner was workshop was attended by 56 participants. attended by 71 members of the Johore Bar. Welcome High Tea in Honour of The speakers were Tony Woon and Balbir YA Dr Sabirin b Ja’afar Singh. Farewell High Tea in Honour of

nd YA Dato’ Hj Zainal Azman bin Ab On 26 Nov 2014, the Social Committee of 2 Johore Bar Paintball Aziz the Johore Bar organised a high tea at Grand Tournament 2014 BlueWave Hotel, Johor Bahru, to welcome On 23 Dec 2014, a farewell high tea in honour YA Dr Sabirin b Ja’afar, who was posted as On 6 Dec 2014, the Young Lawyers and of former Muar High Court Judge, YA Dato’ Hj Judicial Commissioner to Johor Bahru on Chambering Pupils Committee of the Zainal Azman b Ab Aziz (who was transferred 13 Oct 2014. The event was attended by 57 Johore Bar organised the 2nd Annual to the High Court in Kuala Terengganu) members of the Johore Bar and four Judges Paintball Tournament at Dynamic Paintball was organised by the North Johore Aﬀ airs and Judicial Commissioners of the High Speedball Field, Johor Bahru. The event Committee of the Johore Bar held at Muar Court in Johor Bahru. Traders Hotel in Muar, Johore.

JAN-JUN 2015 | PRAXIS 69 STATE BAR NEWS

Professional Standards Course Hassan, and Ng Kai Choy.

On 27 and 28 Jan 2015, the Continuing Professional Development (“CPD”) Committee together Nik Raihan bt Nik Ja’afar was appointed Hon with the Johore Bar Social Committee, jointly organised the Professional Standards Course Secretary of the Johore Bar. that was attended by 50 pupils. Senior Members of the Bar exposed these pupils to various aspects of practice such as maintenance of client accounts, conduct with clients, courts and Johore Bar Gala Dinner & Dance fellow lawyers, and the good values of practice at the Bar. The following day was the exam, 2015 and the course ended with a memorable formal dinner with the High Court Judges and Judicial Commissioners at KSL Resort, Johor Bahru. The guest speaker at the dinner was Andrew Wong The Johore Bar Gala Dinner & Dance Fook Hin who shared his experience with the Bar and Bench. 2015 was held on 14 Feb 2015 at Renaissance Hotel Johor Bahru. The event was graced by the presence of the two Judges of the Johor Bahru High Court, YA Dato’ Mohd Soﬁ an b Tan Sri Abd Razak and his spouse Datin Norhuda bt Hussin, and YA Tuan Teo Say Eng.

The dinner commenced with a welcome speech by the Johore Bar Social Committee Chairperson Fadhil Ihsan (Dale). This was followed by a sumptuous fusion-course menu The pupils posing after their exams with Santhi Balachandran (centre), CPD Chairperson of dinner, accompanied by a live band Johore Bar performance by The Jazz Clique and Reference Proceeding stand-up comedy by Harith Iskander, while the master of ceremonies for the A Reference Proceeding was held at the Johor Bahru High Court on 4 Feb 2015 in memory of night was Suriakala Sivalingam from ﬁ ve departed members of the Johore Bar. They were — Zainuddin b Embong (passed away on Fly FM. 5 Mar 2014), Lau Koh Kong (passed away on 11 Aug 2014), Loh Song Chuan (passed away on 4 Nov 2014), Ravindran s/o GS Paramasivan (passed away on 7 Dec 2014), and Norisah bt Abu Aman (passed away on 18 Dec 2014).

YA Dato’ Mohd Soﬁ an b Tan Sri Abd Razak, High Court Judge in Johor Bahru, presided over the proceeding. Senior Federal Counsel Tuan Lee Chee Thim represented the Attorney General’s Chambers and S Gunasegaran represented the Bar Council. Members of the Bar and family members of ﬁ ve departed lawyers including retired Judge of the Court of Appeal, Datuk Wira Low Hop Bing, the elder brother of the late Lau Koh Kong, were present at the proceeding. The Reference Proceeding was followed by light refreshments at Bilik Persidangan at Johor Bahru Court Complex.

Men of the hour

A group shot of the Bench and Bar

Seminar on “Handling Drug Trials and held at the Johore Bar Auditorium on 9 and Appeals” Feb 2015. The seminar was attended by 74 participants. On 7 February 2015, the Johore Bar Continuing Professional Development Committee invited Annual General Meeting of Johore Hisyam Teh Poh Teik to deliver a talk on Bar Lucky draw session in place “Handling Drug Trials and Appeals”. The talk was attended by 50 participants. A small On 14 Feb 2015, the Johore Bar’s Annual token of appreciation was presented to the General Meeting (“AGM”) was held in the speaker at the end of the seminar. JOTIC Auditorium with 70 members in attendance. R Jayabalan was re-elected as the Chairman of the Johore Bar and S Seminar on “Basics of Cross- Gunasegaran as representative on the Bar Examination in Civil and Council. Commercial Trials” Nine members were nominated and elected The Continuing Professional Development as Committee members — Andrew Wong Committee of the Johore Bar organised a Fook Hin, Shahareen Begum bt Abdul seminar on the “Basics of Cross-Examination Subhan, Hardip Singh, Mathews George, in Civil and Commercial Trials”. The seminar Santhi Balachandran, Punitha Mariappan, Stand-up comedian, Harith Iskandar, in was conducted by Brendan Navin Siva Gun Huei Shin, Fadhil Ihsan b Mohamad action

70 PRAXIS | JAN-JUN 2015 STATE BAR NEWS

Civil Litigation Workshops for Practical Workshop on Pupils Conveyancing Practice Kuala Lumpur The KL Bar Pupils Committee organised Organised by the KL Bar Corporate and a civil litigation workshop specifi cally for Conveyancing Practice Committee, this Bar Committee pupils on 26 Nov 2014, focusing primarily workshop was presented by Lee Peck Ha on on the practical aspects of handling a brief, 11 and 12 Dec 2014 at the KL Bar Auditorium, Pupils Introduction Session and attended by 63 participants. The seminar (November) covering the following areas — “Opinion covered these topics — “Are options really writing exercise”, “Drafting of pleadings crucial and necessary? Why?”, “Why do some exercise”, and “Presenting a case in Court”. Organised by the KL Bar Pupils Committee, transactions end up in the trash?”, “What The workshop, conducted by Colin Andrew should you look out for when transacting the pupils introduction session for Pereira and Sanjeev Kumar Rasiah, was for your clients?”, “How is it that despite the November was held on 6 Nov 2014. The attended by 51 pupils. ‘standard’ terms and conditions in SPAs, session, attended by 64 pupils, was led conveyancers still can disagree on certain by Shashi Devan. Pupils were briefed on The Luncheon: A Taste of the Bar V issues?”, “When does a confl ict of interest the structure of the Malaysian Bar and the arise for you to worry about?”, and “How do you safeguard yourself against a complaint Kuala Lumpur Bar, the election to both the Organised by the KL Bar Pupils Committee, being lodged against you in a conveyance?”. Bar Council and the Kuala Lumpur Bar the luncheon was held on 29 Nov 2014 at the Committee (“KLBC”), and the highlights of President’s Room of the Royal Selangor Club Skytrex Adventure the Malaysian Bar. It included a session for at Dataran Merdeka, Kuala Lumpur. pupils to raise issues and problems faced Jointly organised by the KL Bar Pupils A Trip to FRIM to Explore the Committee and the Young Lawyers by them during their pupillage period, and Canopy Walk Committee, the event was held on 14 Dec members of KLBC were on hand to provide 2014 at Skytrex Adventure Park, Taman input and possible solutions. The pupils Organised by the KL Bar Pupils Committee, Pertanian Malaysia. Twenty members from were also shown a video montage of the the trip took place on 30 Nov 2014 at the KL Bar including pupils, participated in this adventure. history of the Malaysian Bar. the Forest Research Institute of Malaysia (“FRIM”). It was attended by 12 participants. PDC Seminar on “Competition YLC Seminar on “An Introduction Act and Competition Pupils Introduction Session to Employment Law” Commission” (December) Organised by the KLBC Young Lawyers Committee (“YLC”), this seminar was Organised by the KL Bar Professional Organised by the KL Bar Pupils Committee, presented by Vinu Kamalananthan on 9 Jan Development Committee (“PDC”), this the pupils introduction session for December 2015 at the KL Bar Auditorium, and attended seminar was presented by Harleen was held on 4 Dec 2014. The session, by 33 participants. attended by 73 pupils, was led by Shashi Kaur (Leena) on 7 Nov 2014 at the KL Devan. Pupils were briefed on the structure PDC Seminar on “Accounting and Bar Auditorium, and attended by 43 of the Malaysian Bar and the Kuala Lumpur participants. The seminar covered a basic Finance for Lawyers (Part 1)” Bar, the election to both the Bar Council and overview of the Competition Act 2010 (“CA the Kuala Lumpur Bar Committee (“KLBC”) Organised by the KLBC Professional 2010”) that answers queries such as “What and the highlights of the Malaysian Bar. It Development Committee (“PDC”), this is the process of competition?”, “How included a session for pupils to raise issues seminar was presented by Lim Kien Chai on to escape liability under the CA 2010?”, and problems faced by them during their 13 Jan 2015 at the KL Bar Auditorium. The “What is anti-competitive conduct?”, pupillage period and members of KLBC seminar, attended by 81 participants, covered these topics — “Roles of Accounting in the “Who enforces the CA 2010?”, “How does were on hand to provide input and possible solutions. The pupils were also shown a Legal Profession”, “Law and Accounting”, the Leniency Regime work?”, and “What “Financial Accounting”, and “Management video montage of the history of the Malaysian is the diff erence between the Competition Accounting”. Bar. Commission and the Competition Appeal Tribunal?”. Legal Career Forum

Jointly organised by the KL Bar Pupils Committee and Young Lawyers Committee in collaboration with eLawyer, a legal recruitment and consultancy ﬁ rm, this forum was held on 6 Dec 2014 at the Raja Aziz Addruse Auditorium, Straits Trading Building. The aim of the forum was to address the relationship between employers and Generation Y employees and seek to bridge the gap between them. The forum was attended by 71 participants.

Leena Kaur conducting the seminar The panellists at the forum

JAN-JUN 2015 | PRAXIS 71 STATE BAR NEWS

PDC Seminar on “Termination Kuala Lumpur/Selangor Bar Games for Convenience Clause in Construction Contracts: A The 14th Kuala Lumpur/Selangor Bar Games for the Lall Singh Muker Challenge Trophy Matter of Good Faith?” was held on 16 and 17 Jan 2015 with the Selangor Bar playing hosts. Kuala Lumpur Bar defeated Selangor Bar 4-2, winning at badminton, futsal, veterans’ soccer and volleyball, to become the overall champion. Selangor Bar won at golf and premier soccer. Organised by the KLBC Professional Development Committee (“PDC”), this seminar was presented by Dr Cheong May Fong on 14 Jan 2015 at the KL Bar Auditorium. It was attended by 66 participants.

Pupils Introduction Session (January)

Organised by the KLBC Pupils Committee, the pupils introduction session for January was held on 15 Jan 2015. The session, KL Bar Chairman, HR Dipendra, with the trophy attended by 85 pupils, was led by Shashi Devan. Pupils were briefed on the structure PDC Seminar on “Accounting and Finance for Lawyers (Part 2)” of the Malaysian Bar and the Kuala Lumpur Bar, the election to both the Bar Council and Organised by the KLBC Professional Development Committee (“PDC”), this seminar was the Kuala Lumpur Bar Committee (“KLBC”) presented by Lim Kien Chai on 20 Jan 2015 at the KL Bar Auditorium, and attended by and the highlights of the Malaysian Bar. 84 participants. The seminar covered these topics — “The Diff erences between Turnover, It included a session for pupils to raise Gross Profi t, Net Profi t, Retained Earnings, Profi t & Cash and Concept of Liquidity”, issues and problems faced by them during “Working Capital”, “Financial Management”, “Accounting, Auditing and Fraud”, and their pupillage period and members of “Investigation and Forensic”. KLBC were on hand to provide input and possible solutions. The pupils were also Meeting with the Managing Judges of the Kuala Lumpur High Court shown a video montage of the history of the This meeting on 23 Jan 2015, was by invitation from the Managing Judges and was Malaysian Bar. held at Bilik Gerakan Khas, Palace of Justice, Putrajaya. The KLBC was represented by HR Dipendra, Goh Siu Lin, Jacky Loi Yap Loong, Shashi Devan Thalmalingam, Lim YLC Seminar on Understanding Chi Chau, Foong Cheng Leong and Civil Practice Committee member, Ajeet Kaur. GST The Judiciary was respresented by Managing Judges YA Tan Sri Hasan b Lah, YA Dato’ Azahar b Mohamed, YA Datuk Zaharah bt Ibrahim, Puan Al Baishah bt Haji Abd Organised by the KLBC Young Lawyers Manan, Tuan Che Wan Zaidi b Che Wan Ibrahim, Tuan Mohd Khairi b Haron, Puan Committee (“YLC”), this seminar was Hilmiah bt Yusof, Puan Nor Rajiah bt Mat Zin, and Puan Nor Aini bt Yusof. Among presented by Dr Arjunan Subramaniam the issues raised at the meeting were hasty disposal of cases, written submissions, on 16 Jan 2015 at the KL Bar Auditorium, general lack of appreciation of subject matter and understanding of the law, fi xing of and attended by 152 participants. Among trial/hearing dates, e-fi ling, hearing of remand applications by Registrars and Senior the topics covered at the seminar were — Assistant Registrars of the Lower Courts, conduct of court staff at the RKKK Petition "Taxable Periods”, “Scope of GST”, “Input Registry, mediation, transcribing, and the Criminal Courts. Tax — Meaning”, “Output Tax — Meaning”, “Operation of GST”, “Fees”, “Deposits”, KL Bar Run “Clients’ Money on Deposit for Earning Interest”, “Costs”, “Reimbursements”, Organised by the KLBC Sports & Recreation Committee, the inaugural KL Bar Run was held “Disbursements”, “Selling a Law Firm as on 25 Jan 2015 at Lake Gardens, and participated by 58 teams comprising members of the a Going Concern — Section 68”, “Credit Bar and pupils. It was a huge success and everybody had a great time competing. Note/Debit Note”, and “Out of Court Settlements”.

Participants paying full attention at the seminar The participants at the ﬁ nishing line

72 PRAXIS | JAN-JUN 2015 STATE BAR NEWS

PDC/AWL Series of Seminars on election to both the Bar Council and the “Legal Case Management Support Kuala Lumpur Bar Committee (“KLBC”) for Victims of Human Trafficking” and the highlights of the Malaysian Bar. As tradition goes, the session also gives Organised by the KLBC Professional an opportunity for pupils to raise issues Development Committee (“PDC”) in collaboration with the Association of and problems faced by them during Women Lawyers (“AWL”), this seminar was their pupillage period and members of presented by Daniel Lo on 27 Jan 2015 at KLBC were on hand to provide input and the KL Bar Auditorium. The seminar was possible solutions. The pupils were also attended by 51 participants. shown a video montage of the history of the Malaysian Bar.

Reference Proceedings YLC Seminar on “Advocacy for Anand Ponnudurai’s lone hand up A Reference in respect of the memory Young Lawyers” of 10 departed members of the KL Bar was held at the Technology Court on 30 Organised by the KLBC Young Lawyers Jan 2015. The Reference was presided Committee (“YLC”), this seminar was by YA Dato’ Asmabi bt Mohamad. The presented by Brendan Navin Siva on 6 Feb departed members were Suraeisan ST 2015 at the KL Bar Auditorium. The seminar Mani, Chong Kim Weng, Ngan Siong was attended by 102 participants. Hing, Thomas Mariasoosay, Karpal Singh s/o Ram Singh, Sharifah Zubaidah bt Wan PDC Talk on the “Future of the Yep Mohdzar, Cheah Kam Chiew, Ganesa Legal Practice” Anand Raj providing a short briefi ng on GST Kumar Sinnadurai, Rosli b Abu Zarim and Abu Bakar b Abdullah. Organised by the KLBC Professional PDC/AWL Seminar on “UPR: Development Committee (“PDC”), this Promoting, Protecting and seminar was presented by Abdul Kadir Fulfilling Human Rights in Kassim and Syed Naqiz Shahabuddin on Malaysia” 10 Feb 2015 at the KL Bar Auditorium. The seminar was attended by 52 participants. Jointly organised by the KLBC Professional Development Committee (“PDC”) and the Annual General Meeting of the Association of Women Lawyers (“AWL”), Kuala Lumpur Bar this seminar was presented by Honey Tan Lay Ean on 13 Feb 2015 at the KL Bar Auditorium. The seminar was attended by The 23rd Annual General Meeting (“AGM”) of 32 participants. the Kuala Lumpur Bar, held on 12 Feb 2015, kicked off with a short briefi ng on “GST: An YB Lim Kit Siang and Param Cumaraswamy Overview for Law Firms” by Anand Raj. The PDC Seminar on “Drafting Offi ce Bearers of the KLBC for 2015/16 were present at the Reference Proceedings Commercial Contracts” elected at the AGM were: Pupils Introduction Session Organised by the KLBC Professional (February) Chairman — Ravin Singh Development Committee (“PDC”), this Committee members — Goh Siu Lin, seminar was presented by Jeremiah R Harleen Kaur (Leena), Vinu Kamalananthan, Organised by the KLBC Pupils Gurusamy on 17 Feb 2015 at the KL Bar Foong Cheng Leong, Choo Dee Wei, Auditorium. Attended by 69 participants, Committee, the pupils introduction Lim Chi Chau, Siti Munirah Maarof, Alwin session for February was held on 5 Feb the seminar covered these topics — Rajasurya, Alex Anton Netto, and Shashi “Dealing with Compliance & Regulatory 2015. The session, attended by 85 pupils, Devan Thalmalingam. issues”, “Scoping the Transaction”, was led by Shashi Devan. Pupils were “Drafting Techniques”, “Understanding Key briefed on the structure of the Malaysian Jeremiah R Gurusamy was elected as the Provisions”, “Boiler Plate Clauses”, and Bar and the Kuala Lumpur Bar, the KL Bar Representative on the Bar Council. “Common Mistakes & Pitfalls”.

Malacca Bar Development Department, organised a usage in interlocutory applications. seminar on civil litigation as part of the Committee intensive CPD (“iCPD”) programme for The second part of the seminar Members of the Bar. The seminar was addressed the basic types of appeals iCPD Programme on Civil held at the Eco Tree Hotel, Malacca. and the procedures for applications. Litigation The Malacca Bar thanks Ravi Nekoo The ﬁ rst part of the seminar emphasised for conducting the seminar, which was On 22 Nov 2014, the Malacca Bar on the practical applications of the Rules attended not only by members of the Committee, in collaboration with the of Court 2012, from commencement of Malacca Bar, but also members of the Bar Council Continuing Professional proceedings until full trial, as well as its Selangor and Johore Bars.

JAN-JUN 2015 | PRAXIS 73 STATE BAR NEWS

Seminar on “Recent Talk on GST Annual General Meeting of the Developments in Contract Law” Malacca Bar To enhance its members’ understanding The Malacca Bar organised a seminar on 24 of the Goods and Services Tax (“GST”), On 13 Feb 2015, more than 100 Nov 2014, entitled “Recent Developments the Malacca Bar organised a session members of the Bar attended the Annual in Contract Law: With Focus on Recent with Choo Choon Beng and Vincent Malaysian, Singaporean and English Case General Meeting of the Malacca Bar. Koh on 23 Jan 2015, both of whom are Law”. The speaker was T Sudharsanan. Two candidates each were nominated for chartered accountants, to discuss GST- the post of Chairman and Representative Session on “Accounting for Lawyers” related issues in legal practice. A total of 66 participants attended the session on the Bar Council. The members On 1 Oct 2014, the Malacca Bar Committee held at UTC Melaka. voted, and Desmond Ho Chee Cheong invited Lim Kien Chai from the Kuala Lumpur Bar to share his experience and views was elected as the new Malacca Bar concerning “Accounting for Lawyers”. Re: Lex 2.0 Committee Chairman, whereas Karen

On 13 Feb 2015, Cheah Yee Lynn was elected as the YBGK Training the Publication Representative on the Bar Council for the Sub-Committee 2015/2016 term. In 2013, the Malacca Bar YBGK volunteers of the Malacca attended to 3,127 cases. To encourage more Bar published the members to volunteer in providing legal aid to second issue of Eight more members were nominated members of the public, a Yayasan Bantuan the Malacca Bar Guaman Kebangsaan (“YBGK”) training was newsletter, Re:Lex and elected as Committee Members: organised on 6 and 7 Dec 2014 in Malacca. 2.0 for the 2014/2015 Leong Zhi Hong, Mohamed Musthafa, term. The newsletter Jason Kay Kit Leon, Ahmad Soleh “An Introduction to GST” featured Wong Fook Meng and Chia b Yusof, Chan Chee Yuan, Rosfi nah Following a seminar on the Goods and The Re:Lex 2.0 cover Cheng Wee, who bt Rahmat, Benjamin Tay Hanyi, and Services Tax (“GST”) on 1 Oct 2014, depicting Wong Fook received the Malacca Andrew Law Ching Hui. conducted by an offi cer from the Customs Meng (left) and Chia Bar Outstanding and Excise Department, the Malacca Bar Cheng Wee Personality Awards welcomed Anand Raj of the Kuala Lumpur for the years Ahmad Soleh b Yusof was later appointed Bar to conduct a seminar entitled “An 2013 and 2014, respectively. Copies of the Introduction to GST” on 17 Dec 2014. The newsletter were distributed to more than as the Honorary Secretary of the Malacca seminar was held at UTC Melaka and was 700 members of the Malacca Bar, pupils, Bar, while Amber Foo Qiao Wei was co- attended by 51 members and 15 legal fi rm sponsors, other State Bars and Bar Council staff . members. opted as a Committee Member.

attended by other Penang High Court Judges victims and their families to obtain any form of Penang Bar and Judicial Commissioners, as well as the redress. Committee State Legal Adviser. Public Forum on Police Professional Development Events Accountability

To wind down the year, there were just On 13 Dec 2014, the Bar Council Task Force two professional development events in on Independent Police Complaints and December 2014, namely a workshop on Misconduct Commission (“IPCMC”) and “Billing and Collections” on 4 Dec 2014 and Penang Bar Committee jointly organised a public forum on police accountability. The a talk on “What In-House Counsel Look for in event was offi ciated and graced by the Right Penang Chief Minister, Lim Guan Eng External Counsel” on 5 Dec 2014. Honourable Chief Minister of Penang, Lim opening the public forum Guan Eng and attended by members of the Farewell Dinner Bar, chambering pupils, representatives from Criminal Trial Workshop non-governmental organisations (“NGOs”), The Penang Bar hosted a farewell dinner for and other agencies. To start off the year, a Criminal Trial Workshop High Court Judge, YA Tuan S Nantha Balan The President of the Malaysian Bar, Christopher was held on 10 and 11 Jan 2015. Hisyam on 11 Dec 2014 as His Lordship would be Teh Poh Teik and Dato’ Ranjit Singh s/o assuming duties at the Kuala Lumpur High Leong delivered the keynote address at the forum. The panel discussion at the forum Mahinder Singh spoke to the participants, Court in January 2015. The dinner was well comprised panellists Christopher Leong, consisting of lawyers, pupils and law attended, with more than 100 lawyers and Kuthubul Zaman Bukhari, V Sithambaram students on topics that dealt with the basics pupils present at the event which took place and Yap Swee Seng of SUARAM, and was of criminal law practice. They proceeded at the Penang Club. Members of the Penang moderated by Andrew Khoo. The participants to the Mock Trial segment which dealt with Bar were pleasantly surprised when YA Tuan were presented with alarming statistics and armed robbery and murder, carrying the Nantha Balan gave the Penang Bar a gift fi gures, and a common theme at the forum theme “PP v Sanjay Dutt”. Senior members was the indiff erence of authorities to stop after delivering his speech — a set of framed of the Penang Bar were roped in to play the legal prints which will soon grace the walls of incidents of police brutality and deaths in police custody and how diffi cult it is for the role of judge and adviser to the participants, the Penang Bar offi ce. The dinner was also who thoroughly enjoyed the experience.

74 PRAXIS | JAN-JUN 2015 STATE BAR NEWS

Meeting with Georgetown Courts, YA Tan Sri Dato’ Sri Haji Mohamed Talk on Goods and Services Tax Subordinate Courts Civil Apandi Ali and all Penang High Court (“GST”) Division Judges and Judicial Commissioners. The Being the hot topic at the moment, a GST Judiciary had several issues to raise, most On 27 Jan 2015, the Penang Bar talk was held on 27 Feb 2015 entitled of which were administrative in nature “The Practical Aspects of the Goods and Committee attended a meeting with the and the Bar responded with our own Services Tax for Lawyers” by the President Georgetown Subordinate Courts Civil issues and concerns as informed to us by of Sabah Law Association, Datuk GBB Division whereby several administrative members. Unfortunately the main issue Nandy@Gaanesh. The talk was well and housekeeping issues were which did not seem to have a solution received and went on well past the discussed. was the e-ﬁ ling system that is a constant allocated time due to numerous questions cause of complaints. and concerns raised by members. Employment Law Seminar Annual General Meeting An Employment Law Seminar was held on 5 Feb 2015, jointly organised by the Bar The Penang Bar’s Annual General Meeting was held on 25 Feb 2015 at the Bayview Hotel Council Industrial and Employment Law Georgetown, and attended by 396 members. Shyama Nair was elected as the new Chairman and Abdul Fareed Abdul Gafoor as the Penang Bar Representative on the Bar Council. The Committee and Penang Bar Committee. members of the Penang Bar Committee elected for the new term were J Theeba Jothi, This was followed by a seminar on the Palaniappan Ramasamy, Habib Rahman Seeni Mohideen, Jo-Anne De Vries, Nicholas Tan “Basics of Cross-Examination in Civil and Soon Teik, Lee Guan Tong, Ravi Chandran Subash Chandran, Muneer Mohamed Farid, Commercial Trials” by Brendan Navin Siva Ramesh Rajadurai, and Beh Hong Shien. and Fahri Azzat on 13 Feb 2015.

On the same day, members of the Penang Bar Committee were invited to attend a meeting with the Courts led by Chief Judge of Malaya, YAA Tan Sri Dato’ Seri Zulkeﬂ i Ahmad Makinudin. Also in attendance were Managing Judge for the Penang The Penang Bar Committee in action at the AGM Perak Bar Committee Perak Bar 50th Anniversary Annual Dinner 2014

This year marked the 50th Anniversary of the establishment of the Perak Bar. The Cake-cutting ceremony with all the past Anand Raj presenting at the seminar dinner was held on 8 Nov 2014 at the Chairmen and Chairwoman Casuarina @ Meru, a newly established The Perak Bar AGM 2014/2015 hotel in Amanjaya. The Annual General Meeting (“AGM”) of the Perak Bar was held on 13 Feb 2015 at Syuen To mark this memorable and historic Hotel, Ipoh. The following are the duly-elected event, the Perak Bar invited and and co-opted committee members of the Perak Bar Committee for the year 2015/2016: honoured all past Chairmen and Chairwoman of the Perak Bar in Chairman: Lai Choe Ken, Kenny Perak Bar Representative on the Bar recognition of their selﬂ ess services. Council: Surindar Singh s/o Chain Singh A photo montage was screened and a Honorary Secretary: Chiang Mei Wan token of appreciation was presented to Dressed to impress Finance/Secretariat: Danial Rahman b Yang Razali all past Chairmen and Chairwoman by Perak Bar Development/Library: the current Chairman of the Perak Bar. Seminar on GST: “Essential Vivekanandan AMS Periasamy Social: Domnic Selvam Gnanapragasam Principles & Key Professional Development/ADR: Varpal The emcee for the evening was Considerations” Singh s/o Menender Singh the beautiful Miss Earth Malaysia Legal Aid/YBGK: Balakrishna Balaravi Pillai In light of the implementation of the Goods Publicity/IT: Nurul Jannah bt Khairul Anuar 2012, Deviyah Daranee. World-class and Services Tax (“GST”), the Perak Bar Safer Malaysia & Human Rights: Ashwin entertainment and a belly full of laughs organised a seminar on GST on 19 Dec Kumar 2014 at Syeun Hotel, Ipoh. It was the Young Lawyers/Chambering Pupils: Babu were provided by comedian Douglas Raj Raja Gopal Lim. The music for the night was great most well-attended talk and recorded an Corporate & Conveyancing: Rahimi bt attendance of 230 members. It is hoped Ramli — it was fusion-based and provided that this seminar has created greater Syariah: Noran Asma bt Abu Bakar by various artistes from Ipoh and Kuala awareness of the implications of GST with Sports: Lai Choe Ken, Kenny Lumpur. regard to legal ﬁ rms. Courts: Navit Kaur Randhawa

JAN-JUN 2015 | PRAXIS 75 STATE BAR NEWS

included a workshop and short training. Workshop on “Billing & The forum was attended by 15 members Collections” Perlis Bar of the Perlis Bar, as well as 14 participants from agencies such as the Royal Malaysia The Perlis Bar Continuing Professional Committee Police, Jabatan Agama Islam Perlis, the Development (“CPD”) Committee together Royal Malaysian Customs, Universiti Utara with the Bar Council Professional Indemnity CPD Talks Malaysia, Universiti Malaysia Perlis, and Insurance Committee, jointly organised Universiti Teknologi MARA. The event was a “Billing & Collections” workshop at the The Perlis Bar Continuing Professional an eye-opener to the participants and we Perlis Bar premises on 5 Mar 2015. A total Development (“CPD”) Committee organised hope that the participants would now view of 30 participants attended the workshop. two talks delivered by the husband-and- incidents of crime diﬀ erently and appreciate The workshop commenced with a session wife team of Ravi Nekoo and Pushpa the importance of crime prevention. entitled “Filing for Better Billing”, presented Ratnam. “The Art of Cross-Examination” by Ezri Abd Wahab, and a session on was presented by Ravi Nekoo on 19 Nov “Understanding Your Cost”, presented by 2014, and “Family Law” was presented by Abdul Murad Che Chik. Pushpa Ratnam on 20 Nov 2014. Both talks were held at the Perlis Bar Oﬃ ce premises, Courtesy Call on DYTM Tuanku and were well-attended. Raja Muda Perlis

Outing and Meeting in On 25 Mar 2015, the Perlis Bar paid Langkawi a courtesy call on DYTM Tuanku Raja Muda and DYTM Raja Puan Muda Perlis. The Perlis Bar Conveyancing, Banking Participants pose with Richard Wee, Mark The Perlis Bar was represented by its and Corporate Committee organised a Soh, and Saha Deva Arunasalam Chairman, Ahmad Zaini Samsudin, the Bar three-day two-night outing-cum-monthly Representative, committee members, and committee meeting in Langkawi, Kedah Back to School 2014 senior lawyers. It was a very memorable from 28 to 30 Nov 2014. The committee event for the Perlis Bar as this meeting was members brought along their family The Perlis Bar Welfare Committee organised to bring to the attention of the Crown Prince members and it was a lively and fun-fi lled a shopping trip with seven needy children the existence of the Perlis Bar. The Tuanku outing for all. Among the activities held aged 7 to 12 years at C-Mart Hypermarket, Raja Muda off ered valuable advice to the were a three-hour cruise and sunset dinner Arau on 22 Dec 2014. The aim of this event Perlis Bar, such as to uphold the dignity of on board the Laksamana Cheng Ho; an was to assist the families of the children to the legal profession, to co-operate with the island tour, which included a visit to the get the necessary school uniforms, bags judiciary and legislative, to be honest at all majestic Galeria Perdana, Oriental Village and stationeries to start off their 2015 school times, and to carry out public service and and Langkawi Cable Car; and an all-terrain year. take up pro bono matters. vehicle (“ATV”) ride through the village to witness the sunset. The day ended with a Flood Relief Fund for Kelantan, sumptuous traditional Malay dinner at a Terengganu and Pahang Bars fl oating restaurant, only accessible by boat. The Perlis Bar organised a fund-raising drive among its members to assist members of the Kelantan, Terengganu and Pahang Bars in view of the severe damage caused by the fl oods that hit the East Coast in December 2014. Members look on as Tuanku and Raja Puan Following the drive, a sum of RM4,000 Muda cut the cake was handed over to the Kelantan Bar (as Courtesy Visit on Tuan Mohd Members on board the Laksamana Cheng Ho Kelantan was the worst hit), and RM2,000 each to the Terengganu and Pahang Bars. Rosli b Osman “Towards a Safer Malaysia” Perlis Bar AGM The Chairman of the Perlis Bar and its committee members paid a courtesy visit Perlis Bar in collaboration with Bar Council on the Pengarah Mahkamah Negeri Perlis Safer Malaysia Committee, organised a The Perlis Bar’s 3rd Annual General Mahkamah Sesyen, Tuan Mohd Rosli forum entitled “Towards a Safer Malaysia” Meeting (“AGM”) was held at its offi ce b Osman, on 27 Mar 2015 prior to his at Terinai Lakeview Resort, Perlis on 19 retirement and to wish him well. on 12 Feb 2015. It was attended by 35 Dec 2014. It was conducted by the then Secretary of the Malaysian Bar, Richard members, and Ahmad Zaini Shamsuddin Wee Thiam Seng, together with Mark Soh, was elected as the Chairman of the founder of Malaysian Crime Awareness Perlis Bar, while Siti Hajar bt Ahmad Campaign (“MCAC”) and Saha Deva was elected the Bar Representative on Arunasalam, Member of the Bar. This forum was organised to introduce the workings the Bar Council. The attendees were of the Safer Malaysia Committee, and treated to a lunch after the AGM. Farewell, Tuan Rosli!

76 PRAXIS | JAN-JUN 2015 STATE BAR NEWS

personalised address to the members of from KL Bar. The games played were Golf, the Bar and more importantly, to the family Premier Soccer, Volleyball, Badminton, and Selangor Bar members of the departed members. The High Male Futsal. The post-Games dinner was Court judges graced a small reception after held at Shah’s Village, where the Lall Singh that, and spoke to the family members of the Muker Challenge Trophy was presented to the Committee departed members. Champions — KL Bar. Hi-Tea and Get-Together The Games were fi ercely contested by both Bars but at the end of the day, fair play and On 15 Oct 2014, the Conveyancing Practice tired limbs (not to mention a few bad backs) Sub-committee organised a hi-tea and won the day. We congratulate KL Bar for get-together with representatives from their win, but we remind KL Bar to assemble the Selangor Lands and Mines Offi ce, a better football team, as the Selangor Bar, Federal Territories Director of Lands and despite having more senior players compared Mines Offi ce, Lembaga Hasil Dalam Negeri to KL Bar, were victorious by 4-1! (“LHDN”), Bahagian Pinjaman Perumahan Perbendaharan Malaysia (“BPP”), and We hope that the Games will fl ourish even Members of the Judiciary and the Bar more in years to come, and would include Malaysian Department of Insolvency (“MdI”). sharing a conversation This event provided members an opportunity more sports to further forge the friendship to air their grievances and obtain clarifi cation between both Bars. on problems related to conveyancing practice. Meeting with PTGS More than 60 members attended the event, held at Kelab Golf Negara, Subang. Representatives from Bar Council and Selangor Bar Committee had a meeting with representatives from the Selangor Lands and Reference Proceedings Mines Offi ce (“PTGS”) and Selangor District/ Land Offi ces on 23 Dec 2014 to discuss The Welfare & Human Rights Sub-committee issues faced by members of the Bar and in collaboration with the Courts, organised a PTGS. The meeting was chaired by Dato’ Haji Reference Proceedings on 5 Dec 2014 at Kamarulzaman b Jamil, Director of PTGS. the Shah Alam High Court in memory of the following departed Selangor Bar members: KL vs Selangor Bar Games 2014 the late Chau Yam Yean, the late Che Khalid b Md Ali, and the late Imran Hadzalie b Abdul The eagerly-awaited annual KL vs Selangor Hamid. Bar Games 2014 (“Games”) took place on 17 Jan 2015. The Reference Proceedings was presided by three High Court Judges. The three Judges It was Selangor Bar’s turn to host this great —YA Dato’ Suraya bt Othman, YA Tuan Collin Selangor Bar Chairman, Vishnu Kumar, tradition and by the same token, maintain our presenting the trophy to HR Dipendra, Lawrence Sequerah, and YA Tuan Mohamed healthy sporting relationship with our friends Zaini b Mazlan — each spoke and gave a Chairman of the KL Bar

50th AGM of the Selangor Bar

The Selangor Bar held its 50th Annual General Meeting (“AGM”) on 11 Feb 2015 at Kelab Shah Alam. The AGM commenced with a quorum of 150 members, and various issues were raised and addressed accordingly.

The new Chairman and Committee members were elected on that respective day. AGM: Question time

JAN-JUN 2015 | PRAXIS 77 ELEVATION OF JUDGES Elevation of Judges and Appointments of Judicial Commissioners

The table below summarises the elevation of Judges from the months of September 2014 to March 2015, and the appointment of Judicial Commissioners in April 2015.

The Federal Court The Malaysian Bar congratulates the following Judges for their recent elevation. No Name of Judge Date of Appointment Federal Court Judges 1 YA Dato’ Azahar b Mohamed 12 Sept 2014 YA Dato’ Azahar b Mohamed, DIMP, KMN YA Datuk Zaharah bt Ibrahim, PJN, DPMS, SMS, KMN 2 YA Datuk Zaharah bt Ibrahim 16 Feb 2015

Court of Appeal Court of Appeal Judges 1 YA Dato’ Ahmadi b Haji Asnawi 12 Sept 2014 YA Dato’ Ahmadi b Haji Asnawi, PPT, SMS, DSSA 2 YA Tan Sri Idrus b Harun 12 Sept 2014 YA Tan Sri Idrus b Harun YA Datuk Nallini Pathmanathan, PMW 3 YA Datuk Nallini Pathmanathan 12 Sept 2014 YA Dr Badariah bt Sahamid 4 YA Dr Badariah bt Sahamid 12 Sept 2014 YA Tuan Ong Lam Kiat Vernon 5 YA Tuan Ong Lam Kiat Vernon 12 Sept 2014 YA Dato’ Abdul Rahman b Sebli, DIMP, PPB 6 YA Dato’ Abdul Rahman b Sebli 12 Sept 2014 YA Dr Prasad Sandosham Abraham 7 YA Dr Prasad Sandosham Abraham 12 Sept 2014 YA Dato’ Zamani b A Rahim, DPMP 8 YA Dato’ Zamani b A Rahim 16 Feb 2015 High Court in Malaya / Sabah and Sarawak High Court in Malaya / Sabah and Sarawak YA Datuk Abdul Karim b Abdul Jalil, DMSM 1 YA Datuk Abdul Karim b Abdul Jalil 12 Sept 2014 YA Dato’ Wira Kamaludin b Md Said, DCSM, DMSM, DIMP, JSM, DSM, AMN 2 YA Dato’ Wira Kamaludin b Md Said 12 Sept 2014 YA Dato’ Haji Ahmad Nasfy b Haji Yasin, DIMP, PCM 3 YA Dato’ Haji Ahmad Nasfy b Haji 12 Sept 2014 YA Tuan Teo Say Eng, KMN, AMN Yasin YA Puan Rosilah bt Yop, DJN 4 YA Tuan Teo Say Eng 12 Sept 2014 YA Dato’ Hashim b Hamzah 5 YA Puan Rosilah bt Yop 12 Sept 2014 YA Datin Hajah Azizah bt Hj Nawawi 6 YA Dato’ Hashim b Hamzah 12 Sept 2014 YA Tuan Vazeer Alam b Mydin Meera 7 YA Datin Hajah Azizah bt Hj Nawawi 12 Sept 2014 YA Datuk Douglas Cristo Primus Sikayun, PGDK 1 YA Tuan Vazeer Alam b Mydin Meera 16 Feb 2015 The Malaysian Bar congratulates the following for their recent 2 YA Datuk Douglas Cristo Primus 16 Feb 2015 appointment as Judicial Commissioners. Sikayun YA Dr Haji Alwi b Haji Abdul Wahab YA Tuan Ahmad b Bache No Judicial Commissioner Date of YA Dato’ Mohd Firuz b Jaﬀ ril Appointment YA Tuan Mohd Nazlan b Mohd Ghazali 1 YA Dr Haji Alwi b Haji Abdul Wahab 10 Apr 2015 YA Tuan Gabriel Gumis Humen 2 YA Tuan Ahmad b Bache 10 Apr 2015 3 YA Dato’ Mohd Firuz b Jaﬀ ril 10 Apr 2015 4 YA Tuan Mohd Nazlan b Mohd 10 Apr 2015 Ghazali 5 YA Tuan Gabriel Gumis Humen 10 Apr 2015

78X PRAXIS | OCT-DECJAN-JUN 20152014 NEWS Malaysia News Cops Will Use Old Sedition Act till Amendments Gazetted, IGP Says

Under a barrage of criticism over recent arrests under the Sedition Act 1948, Inspector-General of Police (“IGP”) Tan Sri Khalid Abu Bakar clariﬁ ed that the police will continue to take action based on the 1948 law until the amendments passed in Parliament on 9 Apr 2015, are gazetted.

The Bill to amend the Sedition Act 1948 was passed on a simple majority following a voice vote at 2:30 am, after a record marathon debate for over 14 hours. It was subjected to one bloc vote at the second reading that ended with 108 Members of Parliament for and 79 against. The amendments grant the authorities wider jurisdiction to take action on speech or activities that are seen as seditious in nature. ~ Malay Mail Online

Malaysia Prime Minister Defends Himself against Mounting Criticism

Prime Minister Dato’ Sri Najib Razak has defended himself against a slew of criticisms over corruption scandals and a crackdown on civil liberties, brushing aside suggestions that he should step down. In an interview on TV3’s Soal Jawab talk show late Thursday night, Dato’ Sri Najib stated: “I was elected by my party, and by the people of this country, to lead them. As such, I am answerable only to the people — not to any one individual.”

Dato’ Sri Najib answered questions, including those raised by former Prime Minister, Tun Dr Mahathir Mohamad, such as the controversial 1Malaysia Development Board (“1MDB”), the case of murdered Mongolian Altantuya Shaariibuu, the Sedition Act 1948, the Prevention of Terrorism Act 2015 (“POTA”) and the economy, during the one-hour interview. ~ AFP/Business Times/ Star Online

1MDB Not Facing Insolvency, Bank Negara, MIT Sloan to Set Petronas, Bank Negara Top Najib Tells Parliament Up Business School in KL Ideal Employers

According to Prime Minister Dato’ Bank Negara Malaysia and the Petronas and Bank Negara Malaysia Sri Mohd Najib Razak, the issue of Massachusetts Institute of Technology ranked as top ideal employers in 1Malaysia Development Bhd (“1MDB”) Sloan School of Management (“MIT Malaysia for those studying engineering going bankrupt does not arise because Sloan”) have entered into a 10-year and business respectively, according the Finance Ministry-owned investment collaboration to establish Asia School of to Universum Top 100 Ideal Employers fund has paid oﬀ its recently due loans. Business (“ASB”) here. student survey.

Dato’ Sri Najib provided a parliamentary In a statement, Bank Negara said that Other top ideal employers in the written reply, stating that 1MDB has ASB was envisioned to be a premier engineering category following repaid its RM2 billion loan to Malayan business school, and would oﬀ er both Petronas are Shell, Sime Darby Bhd, Banking Bhd (“Maybank”) and RHB degree and non-degree programmes to SapuraKencana Petroleum Bhd, Bank Bhd in February. serve the needs of Asia and the broader Schlumberger, Tenaga Nasional Bhd, global economy. Malaysia Airlines, Gamuda Bhd, Google A special task force was formed on and the BMW Group. 25 Mar 2015, with regard to the RM42 A permanent ASB campus would be billion debts accumulated by 1MDB. built in the heart of Kuala Lumpur’s While in the business category following Its formation came after the Ministry of business district, but in the meantime, Bank Negara Malaysia are Petronas, Finance admitted to have extended a ASB would be located in Bank Negara’s Lembaga Tabung Haji, Sime Darby, RM950 million line of credit to 1MDB Sasana Kijang. ~ Bernama/Star Online Google, Maybank, AirAsia, Malaysia and that “of the RM950 million, RM600 Airlines, Bursa Malaysia and Khazanah million had been used” ~ The Malaysian Nasional Bhd. ~ Star Online Reserve

JAN-JUN 2015 | PRAXIS 79 NEWS Regional News India’s Supreme Court Strikes Down Law that Led to Facebook Arrests

India’s Supreme Court has struck down a provision of a law that made it illegal to spread “oﬀ ensive messages” on electronic devices such as posts on Facebook and other social media.

Judge Rohinton Fali Nariman, in his landmark decision, ruled that Section 66A of the Information Technology Act was among others, unconstitutional, and had a “chilling” eﬀ ect on free speech in the world’s most populous democracy.

The arrest of two young women in the western town of Palghar after one of them posted a comment on Facebook stating that Mumbai should not have been shut down for the funeral of a famous conservative leader, inspired young law student, Shreya Singhal, to take on the law. She became the chief petitioner for the case, and was joined by other free speech advocates and an Indian information technology ﬁ rm. ~ The Washington Post

Pakistani Court Orders Release of Main Suspect in 2008 Mumbai Attacks

The Lahore High Court has ordered the release of the main suspect in the 2008 attacks in Mumbai, Zaki-ur-Rehman Lakhvi, drawing angry reaction from India. His release came less than a month after Pakistan authorities reordered his detention.

The High Court suspended his detention under the Maintenance of Public Order after the Pakistan Government failed to present sensitive records against him in court. Lakhvi was ordered to pay two surety bonds valued at 1 million rupees each (roughly USD $16,000) for his release.

Lakhvi and six others were charged with planning and executing the Mumbai attacks in November 2008 that left 166 people dead. ~ JURIST/The Hindu

Judge, Two Others Gunned $135m Remains Unclaimed Oklahoma Nitrogen Gas Down in Milan Court Shooting with Courts, Ministries Execution Bill Gets Unanimous Yes Vote in State Senate A judge, lawyer and co-defendant in a The Singapore Ministry of Finance Milan Court were gunned down by an (“MOF”) recently revealed that $134.5 In the midst of a shortage of deadly armed man on trial for bankruptcy fraud. million of uncollected pensions, drugs in US death penalty states, immigration deposits and inheritance Oklahoma legislators believe they have Claudio Giardiello, 57, escaped on a from relatives were among the types of found a foolproof and humane execution scooter but was captured by police in unclaimed money left in a growing pile method: nitrogen gas hypoxia. Vimercate, outside Milan. The dead held by government agencies. That were Judge Fernando Ciampi, and sum excludes money held by statutory The Oklahoma Senate gave fi nal Giardiello’s former lawyer, Lorenzo boards. legislative approval and sent its governor Alberto Claris Appiani, who was in court a bill that would allow the new method to be used if lethal injection is ruled as a witness in the case. The bulk of the monies — about $122.8 unconstitutional or if the deadly drugs million at the end of last year — are become unavailable. Critics however It was likely that Giardiello used a false held by the Ministry of Law on behalf pointed out its concern that the method pass to enter the court through a side of benefi ciaries of deceased estates, is untested, and its use to put animals to door reserved for judges and lawyers. pawnbrokers and creditors of insolvent sleep is banned in some states. He then fi red at his lawyer and one of estates. his co-defendants during the hearing, Currently, executions are on hold in before heading to the fl oor below. There, An MOF spokesman told The Straits Oklahoma while the US Supreme Court he shot dead the judge, who had been Times that all government agencies, considers whether the state’s current trying to protect a female colleague. including statutory boards, are required three-drug method of lethal injection to make all reasonable eff orts to return is constitutional. Oklahoma and other The attack sent shockwaves across monies to the rightful owners promptly. death penalty states have been forced Italy. ~ AFP/Malay Mail Online ~ The Straits Times to look for new drugs or new sources of drugs, as many pharmaceutical companies — many of which are based in Europe — have stopped selling drugs for executions. Other death penalty states such as Tennessee passed a law last year to reinstate the electric chair if it can’t get lethal drugs, while Utah has reinstated the fi ring squad as a backup method. ~ The Guardian

80 PRAXIS | JAN-JUN 2015 CONTINUING PROFESSIONAL DEVELOPMENT (“CPD”)

Report on CPD Cycle 2: 1 July 2014 – 30 June 2016

Data presented is based on information provided by organisers, that was processed and recorded as at 31 Mar 2015 by the CPD Department. This data may be subject to adjustment/modiﬁ cation from time to time, based on updates provided by the diﬀ erent providers. A total of 68 attendance records out of 477 events have been received to date (until 31 Mar 2015). A total of 409 events are pending receipt of the attendance data from organisers and are not included.

Data presented is based on recorded data for 18,694 Members and 1,990 pupils in chambers as at 31 March 2015.

Data of Number of Events Organised by Bar Council/State Bar Committees

Organiser Cycle 2 67 Bar Council 67 Johore 15

Kedah 11 35 Kelantan 3

Kuala Lumpur 35 24 25 24 Malacca 8 Negeri Sembilan 2 15 Pahang 4 11 11 Penang 11 9 Perak 4 8 Perlis 2 Selangor 24 4 4 Terengganu 0

PSDC Advocacy 0 3 Training CPD Regional 9 2 2 Training Series Online Training 25 YBGK Training 24 00 TOTAL 244

PerakPerlis Kedah PahangPenang Selangor Johore Kelantan Malacca Terengganu OnlineYBGK Training Training Bar Council Kuala Lumpur Negeri Sembilan

PSDC Advocacy Training CPD Regional Training Series

JAN-JUN 2015 | PRAXIS 81 CONTINUING PROFESSIONAL DEVELOPMENT (“CPD”)

Data of Number of Participants at Events Organised by Bar Council/State Bar Committees

Organiser Cycle 2 Bar Council 2,668 Bar Council 2,668 Johore 818 Johore 818 Kedah 100 Kedah 100 Kelantan 0 Kelantan 0 Kuala Lumpur 708 Kuala Lumpur 708 Malacca Malacca 393 393 Negeri Sembilan 0 Negeri Sembilan 0

Pahang 0 Pahang 0 Penang 428 Penang 428 Perak 178 Perak 178

Perlis 0 Perlis 0 Selangor 443 Selangor 443 Terengganu 0 Terengganu 0 PSDC Advocacy Training 0 PSDC Advocacy Training 0 CPD Regional Training Series 629 CPD Regional Training Series 629 Online Training 165 Online Training 165 YBGK Training 685 YBGK Training 685 TOTAL 7,215

Data of Number of Events Organised by Provider Categories

Accredited Courses Cycle 2 Commercial course 65 providers 9 211 International 0 24 organisations Government 18 organisations Academic institutions 7 Non-governmental 3 organisations Professional bodies 16 In-house legal training 124 Legal Aid Centre 24 65 124 CPD Regional Training 9 Series 0 Bar Council, State 211 18 Bars including 16 3 7 Advocacy Training and Commercial course providers Professional bodies Online Training International organisations In-house legal training Total 477 Government organisations Legal Aid Centre Academic institutions CPD Regional Training Series Non-governmental organisations Bar Council, State Bars including Advocacy Training and Online Training

82 PRAXIS | JAN-JUN 2015 CONTINUING PROFESSIONAL DEVELOPMENT (“CPD”)

Data of Number of Participants at Events Organised by Provider Categories

Accredited Courses Cycle 2 Commercial course providers Commercial course providers 1,658 629 5,901 International International organisations 0 organisations 685 Government Government organisations 8 organisations Academic institutions 30 Academic institutions Non-governmental Non-governmental 47 organisations organisations 1,090 Professional bodies Professional bodies 251 In-house legal training In-house legal training 1,090 251 Legal Aid Centre 47 CPD Regional Legal Aid Centre 685 30 8 0 Training Series CPD Regional Training Series 629 Bar Council, 1,658 State Bars including Bar Council, State Bars 5,901 Advocacy Training including Advocacy Training and Online Training and Online Training Total 10,299

Data of Member Participation based on Attainment of CPD points

No of CPD Points No of Members only 828 790 1 164 2 828 3 790 4 165 5 357 6 315 7 142 8 115 357 983 315 10 147 11 49 193 12 70 142 147 13 42 164 165 70 67 14 28 115 42 37 2 28 25 22 15 25 83 49 18 16 22 17 (17-20) 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 18 (21-30) 18 19 (31-40) 193 Total Members who have attained one CPD point or more: 3,659 which 20 (41-50) 2 amounts to 19.5% 22 (more than 60 points) 67 Total number of Members who have attained 16 or more CPD points on Cycle 2 based on recorded data: 339 Zero CPD points 15,035 Total 18,694

JAN-JUN 2015 | PRAXIS 83 CONTINUING PROFESSIONAL DEVELOPMENT (“CPD”)

Data of Pupil Participation based on Attainment of CPD points

No of CPD No of Points Pupils in 106 Chambers only 16 2 106 87 322 473 73 527 687 714 832 926

10 8 32 11 9 26

12 13 27 18 14 13 14 22 13 10 14 6 14 00 8 7 15 18 6 4 6 16 7 17 (17-20) 10 1 23456789101112131415161718192021 18 (21-30) 6 19 (31-40) 4 20 (41-50) 0 22 (more 0 than 60 points) Zero CPD 1,502 points Total 1,990

Total pupils in chambers who have attained one CPD point or more: 488 which amounts to 24.5% Total number of pupils in chambers who have attained 16 or more CPD points on Cycle 2 based on recorded data: 27

If you would like to know more about the activities carried out by the CPD Department, please visit their website: http://www.malaysianbar.org.my/cpd/

84 PRAXIS | JAN-JUN 2015 BAR UPDATES/NOTICES New Admissions to the Malaysian Bar (As at time of publication)

DATE CALLED Mimirahayu Hanief Heng NO NAME FIRM NAME 47 Diana Tan Koon Fong 27-Feb-15 TO THE BAR & Partners Marina Mohamed & 48 Dinesh a/l Muthal Thillainathan & Associates 5-Dec-14 1 Aadilah Binti Baharudin 31-Oct-14 Associates 49 Ding Cheng Law Tay Ibrahim & Partners 12-Dec-14 2 Aaron Siva JR Vaitilingam Edwin Lewis 14-Nov-14 50 Eow Ee Von C.S. Tang & Co 31-Oct-14 3 Abdul Faizzani Bin Abdul Aziz Taqrir Akramin & Co 22-Jan-15 51 Esther Hii Kim Hui Gan & Zul 14-Nov-14 Edlin Ghazaly & Fahrhanah Nisshaa Bt S. K. Syed 4 Abdul Hakim B Ab. Keram 30-Jan-15 52 Palani 28-Nov-14 Associates Ambrul Zaman 5 Abu Arsalnaa Bin Zainal Abidin Gulam & Wong 16-Jan-15 53 Fakhrul Redha Bin Paridul Adras Scivetti & Associates 16-Jan-15 6 Adelin Phung Pui Lin Rashid Zulkifl i 12-Dec-14 54 Farah Nadira Binti Abdul Ghani Hazerah & Partners 31-Oct-14 Mah Weng Kwai & 55 Farah Nasuha Binti Sudarman Shearn Delamore & Co 13-Feb-15 7 Adi Farris Bin Abdul Murad 24-Oct-14 Associates Nor Shahid Abd Malik & 56 Farhana Binti Tupani 25-Jan-15 8 Ahmad Idzfar Bin Che Azhar Idzhar Azhar & Associates 16-Nov-06 Associates 9 Ahmad Mukmin Aimi Bin Azmi Hafi z Zabir & Partners 25-Jul-14 57 Farhanna Binti Mizei @ Termizi Joe Shahrul Husni & Co 4-Apr-14 Ahmad Sarjie Izmal Bin Ahmad Lavinia Dell Akbar Tee & 58 Fariza Milaqurshiah Binti Mahmud Siti Munirah & Co 22-Jan-10 10 9-Jan-15 Mustafa Kamal Associates 59 Fatin Afi qah Binti mohamad Shah Othman Hashim & Co 30-Jan-15 The Law Offi ces of 11 Ahmad Shahrir Bin Baharuddin 29-Nov-13 60 Fieza Fazlin Binti Fandi Fieza Fazlin Fandi & Co 11-Dec-14 Shahrir & Co 61 Gan Hwee Theng Chiong & Partners 19-Jan-15 Ahmad Sukeri & 12 Ahmad Sukeri Bin Mohamed 30-Jan-15 62 Gan Li Von Ferida Hassan Low & Ng 22-Aug-14 Associates 63 Gayatri a/p Ganason C.C.Choo Hazila & Teong 12-Dec-14 13 Ahmad Zulfi kri Bin Ibrahim Raja Darryl & Loh 19-Sep-14 64 Giffi n Lee Weon Li Azmi & Associates 12-Dec-14 14 Aieshah Nadia Bt Masdar Adam Abdullah & Mani 13-Feb-15 65 Goh Chin Han Azim Tunku Farik & Wong 27-Feb-15 Ajay Sharma Thakur a/l Rumesh Lee Hishammuddin Allen 15 13-Dec-13 Kumar & Gledhill 66 Gwee Chai Lian Raja Darryl & Loh 30-Jan-15 Abdul Raman Saad & 16 Amirah Hamizah Binti Abdul Halim Dennis Nik & Wong 12-Oct-14 67 Haajar Binti Mohd Puad 12-Feb-15 Associates 17 Amirul Asraf Bin Adam Faizah Bazid & Partners 31-Oct-14 68 Hafi zah Binti Hanapi Nik Saghir & Ismail 30-Jan-15 Damian S L Yeo & L C 18 Andrea Eva Wambeck 17-Jul-14 Goh 69 Hafi zul Faris Bin Che Razlan Ghazali Ismail & Co 26-Feb-15 Halimah Saadiyah Binti Abdul 19 Anthony Tan Choon Ann Michael Chen & Co 12-Dec-14 70 Mohamed Ridza & Co 16-Jan-15 Rahman 20 Aqeeb Lizalman Nordin B Zamery Aqeeb & Co 5-Dec-14 71 Harish Nair Raja Darryl & Loh 27-Feb-15 21 Arielle Chong Lynn Wei Gan & Zul 21-Nov-14 72 Hasnida Binti Ismail @Nawang Zuraidah Naziha & Fadly 15-Jan-15 22 Asiah Binti Bin Yamin Adham & Associates 22-Jan-15 73 Hee Hui Ting Shearn Delamore & Co 13-Mar-15 Tawfeek Badjenid & 23 Asmira Binti Mahmud 18-Jul-14 The Law Chambers of Partners 74 Hisyam Hedzril Bin Nor Hashim 9-Jan-15 Hedzril 24 Athina Klaywa Sim Gibb & Co 13-Aug-14 75 Hoo Ee Leen Naqiz & Partners 16-Jan-15 25 Atiqah Binti Abu Hassan Cheow Wee & Mai 24-Oct-14 Basharuddin Fa'izie 26 Ayuni Binti Azman Yee How & Tan 13-Mar-15 76 Ily Zalikha Binti Shahrinan 30-Jan-15 Iskandar 27 Azamuddin Bin Abd Aziz Azamuddin & Co 26-Mar-94 Intan Noornazreen Masliana Binti 77 Fazlina Amalina & Co 28-Aug-14 28 Azreen Binti Shahri Nazri Azmi Islinda 7-Nov-14 Mohd Nazari 29 Balakrishnan a/l Raman Kutty R K Bala & Associates 7-Dec-14 Murali B Pillai & 78 Intan Suraiya Binti Abu Bakar 9-Jan-14 30 Banu Priya a/p Chandran Nor Affi za & Co 18-Sep-14 Associates 31 Bavani a/p Kasivan Imavathi & Company 11-Dec-14 Ismail Badiuzzaman & 79 Ismail Bin Badiuzzaman 14-Dec-09 32 Cassandra Soo Jien Li Adnan Sundra & Low 14-Nov-14 Associates 33 Chai Phing Zhou Shearn Delamore & Co 12-Dec-14 80 Iylia Afi qah Binti Ismail Iylia Ismail & Co 5-Jul-13 34 Chan Seok Peng Adnan Sundra & Low 7-Nov-14 81 Izzati Maria Binti Othman Dennis Nik & Wong 21-Sep-14 35 Chan Seok Peng Adnan Sundra & Low 7-Nov-14 82 Jacenta James Azman Davidson & Co 9-Jan-15 36 Chang Yen May Skrine 9-Jan-15 83 Jasmit Singh a/l Kaka Singh Sudesh & Associates 16-Jan-15 Jasrinderjit Singh Dhillon a/l 37 Chen Yu Szen Peter Ling & Co 7-Nov-14 84 Wong & Partners 5-Dec-14 Gurmel Singh 38 Cheng Stephanie Raja Darryl & Loh 12-Dec-14 85 Jauhariatul Amira Binti Johar Raziah & Partners 18-Dec-14 39 Cheong Pui Mann Soo & Co 29-Aug-14 86 Jeremy Chong Jan Wai Chris Lim Su Heng 9-Jan-15 40 Chin Ee Lin Raja Darryl & Loh 5-Dec-14 87 John Rolan Fernandez Christopher & Lee Ong 16-Jan-15 41 Chu Yun Ling Eunice Raja Darryl & Loh 14-Nov-14 Jerald Gomez & 42 Connie Lau Suang Suan Wong & Partners 5-Dec-14 88 Joshua Rishi Andran 12-Dec-14 Associates YC Pang Chong & 43 Daniel Bock Jr Wei 16-Jan-15 89 Khairul Anwar Bin Jamil Zulpadli & Edham 12-Dec-14 Gordon 90 Khairunnisa Binti Abdul Malek Zafri & Partners 31-Oct-14 44 Daniel Tang Mun Kin Grace & Co 24-Oct-14 Rohani Soon & Tan Choon Hong & 91 Kharen jit Kaur A/P La Chin Singh 24-Jun-14 45 Derren Kuan Yong Chien 31-Oct-14 Associates Associates 92 Khazatul Naima Binti Abd Talib Sarina Anija & Co 12-Feb-15 46 Dev Sundram P S Ranjan & Co 30-Jan-15

JAN-JUN 2015 | PRAXIS 85 BAR UPDATES/NOTICES

93 Khor Wan Yin Jeff Leong Poon & Wong 16-Jan-15 145 Mohd Syaufi q Bin Abdul Latif J. Lee & Associates 5-Dec-14 94 Ko Jie Yang Gan Partnership 7-Nov-14 146 Muhamad Afi q Bin Abu Bakar Jacob Goldie S.S. Chew 14-Nov-14 Khairil Sani, Gobal & 147 Muhamad Hisham Bin Marzuki C.Sukumaran & Co 16-Jan-15 95 Kodimalar a/p Rajagopal 5-Dec-14 Beng Tatt Muhamad Rifhan Bin Mohamed 148 Wrigglesworth & Co 30-Oct-14 96 Koh Goh Yuan Zain & Co 21-Nov-14 Khan 97 Koh Wen Xin Tan & Ng 24-Oct-14 Muhammad Abbad Bin Abdul 149 Aziz Hon Annuar 9-Jan-15 98 Kong Huey Teing Azhar & Wong 27-Feb-15 Wahid Abu Zahar, Syed Mohd 99 Ku Muhammad Bin Ku Cheek Noraisyah Asreen & Co 6-Dec-13 150 Muhammad Aiman Bin Abdullah 30-Jan-15 Fuad & Partners 100 Lai Chai Voon Chooi & Co 27-Feb-15 S. Ravichandaran & 101 Lai Jian Yi Adnan Sundra & Low 30-Jan-15 151 Muhammad Akmal Bin Azmi 22-Jan-15 Anuar 102 Lai Kin Loong Alan Lai & Co 15-Aug-14 Muhammad Dwi Harsanto Bin 152 Yap Liew & Partners 19-Sep-14 103 Lai Man Cheah MC Lai & Co 13-Jan-15 Djamal Koh Kim Leng & Muhammad Ezzaq Emir Bin Azilan Suhaila & 104 Lau Cia Leng 24-Jun-14 153 18-Dec-14 Company Mokhtar Associates 105 Lau Jian Quan Wong 31-Oct-14 154 Muhammad Faiz Bin Abdullah Gan & Zul 22-Feb-13 106 Lau Yin Chuen Y N Foo & Partners 13-Feb-15 Muhammad Fuad Syazwan Bin 155 Shukor Baljit & Partners 26-Jun-14 107 Lee Boon Koon Raja Darryl & Loh 20-Aug-10 Ramli 108 Lee Pei Yin Jeff Leong Poon & Wong 10-Oct-14 Muhammad Habibullah Bin Jamadi Fauzi Firdaus 156 21-Nov-14 109 Lee Theng Ying Dennis Nik & Wong 7-Nov-14 Mohammad Shah Abdullah Muhammad Izzat Asyraf Bin 110 Lian Wai Hsian Jeff Leong Poon & Wong 5-Sep-14 157 Kesavan 10-Oct-14 Maswar Lee Hishammuddin Allen 111 Liew Wee Nie 9-Jan-15 & Gledhill 158 Muhammad Izzat Bin Fauzan Mureli Navaratnam 27-Feb-15 112 Lim Chia Tchi Audrey Raja Darryl & Loh 5-Dec-14 159 Muhammad Siddiq Bin Masror Kadir Andri & Partners 14-May-10 Muhammad Syafi q Amani Bin 113 Lim May Zhen Zaid Ibrahim & Co 16-Jan-15 160 C N Rajan & Co 16-Jan-15 Md Sabri 114 Lim Si Qin M K Chen & Leong 10-Oct-14 161 Nabilah Binti Din Hazwan & Co 16-Jan-15 115 Ling Leun Lee Ferida Hassan Low & Ng 23-Jul-14 162 Nadia Azreen Binti Azizi Azhar & Wong 9-Jan-15 Ravi Moorthi, Noriza Mala 116 Ling Yih Ming 9-Jan-15 Lee Hishammuddin Allen & Partners 163 Nadiatul Najwa Binti Jalaldin 13-Feb-15 & Gledhill 117 Lisa Khalilah Binti Khalili Hamidi Izwan & Co 27-Jul-12 164 Narinder Singh A/L Kishmira Singh YY Tan & Partners 30-Jan-15 118 Liyana Farhana Binti Mohd Padzli Apandi Ali & Co 21-Nov-14 165 Nashvinder Singh Gill Sharif & Khoo 7-Nov-14 119 Lo Mei Na W D Loh & Associates 11-Nov-11 166 Nelson Wong Yi Hau Abraham Ooi & Partners 9-Jan-15 120 Lo Siaw Ching B L Chong & P Y Tay 20-Jun-13 167 Ng Bee Ya Beh & Associates 30-Jan-15 121 Low Huey Theng Adnan Sundra & Low 12-Dec-14 168 Ng Han Teong Jasbeer Nur & Lee 13-Nov-14 122 Low Shing Wei Adnan Sundra & Low 5-Dec-14 169 Ng Sey Ming Christopher & Lee Ong 4-Oct-07 123 Low Wei Kah Kenny & Low 1-Oct-12 170 Ng Wei Rong Aisya-Toon & Co 6-Mar-15 124 Low Yu Jie Yu Jie 7-Nov-14 171 Ng Wei Ying Gideon Tan Razali Zaini 18-Dec-14 125 Low Zhen Yee Crystabel Kadir Andri & Partners 12-Dec-14 172 Ng Woan Na Azmi & Associates 18-Dec-14 126 Luqman Hakim Bin Azaharin Abu Bakar & Yong 28-Nov-14 Arthur Wang Lian & 127 Marieta Binti Abdull Hamid PW Tan & Associates 10-Feb-12 173 Ng Zhi Ying 9-Jan-15 Associates 128 Masni Binti Mohd Adnan Mushida & Co 9-Jan-15 174 Nicholas Lai Yip Soon Ewe Chong & Khoo 9-Jan-15 129 Mazlinda Binti Mahmud Karthig Shan 22-Jan-15 175 Nik Suhanis Binti Nik Ishak Zamri Anuar & Norsiah 8-May-14 Lee Hishammuddin Allen 130 Michelle Marie Maman 9-Jan-15 Lee Hishammuddin Allen & Gledhill 176 Nishawani a/p Paskaran 14-Nov-14 & Gledhill Lee Hishammuddin Allen 131 Michelle Wong Sook King 21-Nov-14 177 Noor Adlina Binti Hj Badri Natasha & Co 10-Oct-14 & Gledhill 178 Noor Aini Binti Zainal Azlan & Partners 7-Nov-14 Tawfeek Badjenid & 132 Mohamad Affan Bin Mohd Yaakob 22-Jan-15 Partners 179 Noor Nadira Binti Rosnan Taye & Co 25-Sep-14 133 Mohamad Raimi b Ab Rahim Anwar Ismail & Associates 3-Aug-12 180 Noor Nasyrah Binti Samir Kanesalingam & Co 5-Dec-14 134 Mohamad Zamzam Bin Ramli Zaid Ibrahim & Co 25-Jan-15 181 Noor Raihan Binti Abd Talib NS Leong & ST Low 11-Oct-13 Mohamed Nizam Bin Mohamed Firdaus Zakaris & 135 Abdul Rahman & Partners 17-May-13 182 Noor Shakinah Binti Samian 7-Aug-14 Fazil Associates Khairul Mukhtar & Izwan 183 Nor Armiza Binti Norkamal Zamri Idrus & Co 4-Jul-14 136 Mohammad Izwan Bin Azmi 5-Nov-12 Azmi 184 Nor Armiza Binti Norkamal Zamri Idrus & Co 4-Jul-13 Kamaruzaman Arif Amran Thomas Ong Leong & 137 Mohd Afi f Sham Bin Shamsuri 10-Oct-14 185 Nor Balqis Binti Ardiansa 31-Oct-14 & Chong Associates 138 Mohd Fakhrul Fikri Bin Mokhtar Fikri & Associates 18-Dec-14 186 Nor Emellia Binti Mohd Shariff Arianti Dipendra Jeremiah 27-Feb-15 Mohd Hanafi Firdhaus Bin Abd 187 Nor Izdiyani Binti Musawir Alvin John & Partners 30-Jan-15 139 Syed Ibrahim & Co 6-Dec-13 Latif 188 Nor Lyiana Asyeken Binti Hasadid Nagarajan Peri & Co 18-Jul-14 Manjit Singh Sachdev 189 Noradibah Binti Khalidin Norasmadi & Noraini 16-Jan-15 140 Mohd Khairul Azly Bin Nasarudin Mohammad Radzi & 31-Oct-14 Soo Thien Ming & Partners 190 Noraidah Binti Mohmad Nor 16-Jan-15 Nashrah Mohd Khairul Azri Bin Mohd 141 S Ravichandaran & Anuar 16-Jan-15 Fatimah Yong & Badroldin 191 Norain Binti Md Adib 30-Sep-14 Associates Mohd Roshan Bin Noor Hadi 142 Saranjit Singh 31-Oct-14 192 Norashida Bt Pandi Nik Saghir & Ismail 31-Jan-15 Prebagaran 193 Noraziah Binti Abdul Aziz Kean Chye & Sivalingam 30-Jan-15 144 Mohd Shahril Bin Madisa Syahrul & Hamidi 10-Oct-14

86 PRAXIS | JAN-JUN 2015 BAR UPDATES/NOTICES

194 Norfarah Binti Zulkornain M.Sia Naqiz & Partners 5-Dec-14 Lee Hishammuddin Allen 244 Shanaz Azwin binti Muztaza 9-Jan-15 195 Nur 'Aqeela Binti Faisal Izral Partnership 22-Aug-14 & Gledhill Lee Hishammuddin Allen 196 Nur Ashikin Binti Azid Wong Law & Ti 18-Jul-14 245 Sharan Kaur Gill 24-Oct-14 & Gledhill Lee Hishammuddin Allen 197 Nur Atiqah Binti Ahmad Zairul 13-Feb-14 Sharifah Nor Azizah Binti Syed & Gledhill 246 Sharifah Azizah & Co 28-Nov-14 Abdul Rahman Edlin Ghazaly & 198 Nur Ellina Binti Jefri Din 5-Dec-14 Associates 247 Sharifah Nur Ashiqin Bt Syed Alwi Keh Yen Ng & Partners 7-Nov-14 Sharifah Zuraidah Bt Syed 199 Nur Farahana Binti Said Zalil Mohd & Partners 30-Jan-15 248 Presgrave & Mathews 9-Jan-15 Kamarul Bahrin 200 Nur Izzati Binti Kamarul Zaki T.Vijay & Co 10-Oct-14 249 Sharon Koh Chih Ling Jeff Leong, Poon & Wong 19-Sep-14 201 Nur Shuhadah Binti Safruddin Norasmadi & Noraini 18-Jul-14 250 Shazlinaah Binti Kamaludeen Azmi & Associates 19-Sep-14 202 Nur Syazwani Binti Azlan B C Tan & Co 7-Nov-14 251 Siti Khadijah Bt Bahaudin Khadijah Bahaudin 7-Dec-14 203 Nur Wahidah Binti Alis Lee Boon Peng & Co 30-Jan-15 252 Siti Mardhiana Binti Mohammad Mardhiana & Associates 11-Oct-13 Aznur Mazwin & 204 Nur Zakiyah Binti Shamsudin 3-Dec-08 Associates 253 Siti Norhafi fi e Binti Mohd Samri Khamdan & Co 9-May-14 Abdul Razak Muhidin & 205 Nuraini Binti Daud Ali Cheah Teh & Su 9-Jan-15 254 Siti Nur Amirah Binti Shamsuddin 11-Feb-15 Associates 206 Nurdiana Binti Zainal Azahar Zainal Azahar & Co 19-Dec-14 255 Siti Nur Hasnas Bt Jaffri Azra & Associates 6-Feb-15 207 Nurfazreen Hazrina Binti Rahim Scivetti & Associates 16-Jan-15 256 Siti Syarfa' Alhabashi LC Ng & Associates 30-Jan-15 208 Nurhidayu Binti Ngatderi Sahril Niza & Co 21-Sep-14 257 Siti Zubaidah Binti Jemadi Farid Wong & Wee 7-Aug-14 Abdul Raman Saad & 209 Nurul Adeela Syafi qa Binti Annuar 8-Jan-15 Associates 258 Stephanie Khaw Chia Ling Khaw Ewe Seng & Co 28-Nov-14 210 Nurul Akrimi Binti Shukri Faridzah & Co 30-Jan-15 259 Sudhir Kumar a/l Raj Kumar Azim Tunku Farik & Wong 5-Dec-14 211 Nurul Athirah Binti Ramli Azhar Wan Tariq & Co 18-Dec-14 260 Suhaidah Binti Sulong Toong & Co 21-Sep-14 Sukhjit Singh Gill a/l Darshan Darshan Syed Amarjit & 212 Nurul Azira Binti Abdul Aziz Lalchand & Nawawi 22-Jan-15 261 19-Jun-14 Singh Partners Nurul Fadhilah Binti Che 213 Zameri & Associates 30-Oct-14 Suraya Azizah Binti Ahmad Edlin Ghazaly & Mahmood 262 21-Nov-14 Nasaruddin Associates Aniza Varghese & 214 Nurul Hafi zah Binti Damanhuri 7-Nov-14 Partners 263 Sutina Binti Sujeno Tan Chap & Associates 24-Oct-14 Nurul Hidayah Binti Mohammad 264 Syafi qah Binti Abdul Ghafar Wong Beh & Toh 16-Jan-15 215 Mohd Ali & Co 11-Sep-14 Asri 265 Syafi qah Binti Mohamed Teo Lim & Comi 26-Feb-15 216 Nurul Intan Syafi naz Binti Razali Manjit & Co 30-Jan-15 266 Syazwani Binti Rozlan Rao & Kamal 6-Feb-15 217 Nurul Kamilah Binti Hanif Kondon GH Tee &Co 12-Dec-14 Syed Muhammad Adeeb 267 Low Vignesh & Co 22-Aug-14 218 Nurul Nadia Binti Shariful Azman Jahaverdeen & Co 28-Mar-14 Barakbah 219 Nurul Najwa Binti A Hamid Imavathi & Company 6-Feb-15 268 Tan Chiew May Zul Rafi que & Partners 12-Dec-14 Mimirahayu Haniff Heng & 269 Tan Hao Wei Zul Rafi que & Partners 27-Feb-15 220 Nurul Sakinah Binti Mazlan 16-Nov-14 Partners 270 Tan Jin Yee Wong & Partners 12-Dec-14 221 Nurul Shakila Binti Ibrahim Low & Lee 22-Jan-15 271 Teh Peik Yee Sheng Lee Law Offi ce 9-Jan-15 222 Patrick Peck Chee Yang L Y Lu & Co 14-Nov-14 272 Tan Soon Ying Sitham & Associates 28-Nov-14 223 Pauline Teh Li Lin Kadir Andri & Partners 9-Jan-15 Pearly Ng Soh & 273 Tan Xian Bing 5-Sep-14 224 Pavitra Shankar Ranjit Singh & Yeoh 19-Dec-14 Associates 225 Premalosani a/p Arivanthan Arnold Andrew & Co 21-Nov-14 274 Tan Xiang Yi Lee Sok Wah & Co 5-Dec-14 226 Pung Qing Wei Azmi & Associates 12-Dec-14 275 Tan Yao Feng Teh Kim Teh Salina & Co 16-Nov-14 Radhiah Hanim Binti Mohd Naim Lee Hishammuddin Allen 227 PS Wong & Co 21-Jan-15 276 Tan Yen Hong 16-Jan-15 Junahur Ridzar & Gledhill 228 Rafeeqa Isma Binti Rahmad Lee Ong & Partners 13-Jan-15 277 Tatvaruban a/l Subramaniam Skrine 30-Jan-15 Lee Hishammuddin Allen 229 Rafi nie Binti Ramli Koo Chin Nam & Co 16-Jan-15 278 Tatyana Aspen Abdul Rahman 12-Dec-14 & Gledhill 230 Raja Irfan Rithwan Bin Raja Badrol Zul Rafi que & Partners 16-Jan-15 279 Teeba a/p Solamalai @ Solaimalai Simon Tong & Partners 25-Jul-14 231 Rajsurian Pillai a/l Chellappa Pillai Jenny Yap & Associates 5-Dec-14 280 Teh Wei Hong Tan Ng & Ong 21-Nov-14 232 Rasyidatul Nur Rusydiah Bt Rashid Rithaudeen & Aziz 11-Feb-15 281 Teh Yu Yu Zaid Ibrahim & Co 30-Jan-15 233 Raymond a/l Sabastian F L Foo & Co 31-Oct-14 Lee Hishammuddin Allen Lee Hishammuddin Allen 282 Teh Yue Wen 9-Jan-15 234 Rayna Jayant Gandhi 14-Nov-14 & Gledhill & Gledhill 283 Teh Yun Siew Naqiz & Partners 16-Jan-15 235 Saipul Baharim Bin Abd Rahman Omar Affandi & Teh 16-Jan-15 284 Teo Hock Song Jacqueline Lee & Co 15-Aug-14 236 Sajani a/p Kasavan Desmond Chan & Co 5-Sep-14 285 Teong Yee Lin YM Chin & Partners 5-Dec-14 237 Sandhya a/p Gopi Pillay Kadir Andri & Partners 9-Jan-15 286 Tham Kar Mun N K Tan & Rahim 31-Oct-14 Sarifah Norhafi shah Binti Said 238 Adenan & Associates 9-Jan-15 Abas 287 Tharrsynee Subramaniam Joseph & Partners 27-Feb-15 Mohamed Noor Amran 288 Thulasy Suppiah a/p Suppiah Rashid Zulkifl i 21-Nov-14 239 Sarina Binti Mohamed 17-Jun-94 & Yoon 289 Tracy Tan Shuk Sien Christopher & Lee Ong 12-Dec-14 240 Sashi a/p Ganesan G.Sashi & Associates 5-Dec-11 290 Tuang Geng Yong Kadir Andri & Partners 9-Jan-15 Chambers of Jesvant 291 Umi Farhanah Binti Mohd Nasir Raja Riza & Associates 9-Jan-15 241 Sathiya Laksmi a/l Gunasakaran 24-Jan-14 Singh 292 Ummi Haterah Binti Mat Desa Azmi Rahim & Co 13-Jan-15 Kamaruzaman Arif Amran 242 Shafi naz Binti Abdul Rani 28-Nov-14 293 Viknesvaran a/l Purnshatman P.V. Esvar & Co 16-May-08 & Chong 294 Wafa Binti Zainal Abidin Rithaudeen & Aziz 11-Feb-15 243 Shahril Azmi Bin Ab Aziz Mohd Amin & Chin 11-Jul-14 295 Wan Masni Binti Wan Ismail Aisyah Alami 29-Aug-14

JAN-JUN 2015 | PRAXIS 87 BAR UPDATES/NOTICES

296 Wan Fazila Salmi Bt Wan Yaacob Rashid Asari & Co 28-Feb-14 305 Wong Ling Yah Wong & Partners 5-Dec-14 Mohd Yusof Endut & 306 Yap Han-Yuan Gan Partnership 9-Jan-15 297 Wan Munira Binti Sharudin 15-Aug-14 Associates Manjit Singh Sachdev Yap Kim Mui @ Sarah Margaret 298 Wan Najla Binti Ahmad Yuri Kevin & Co 9-Jan-15 307 Mohammad Radzi & 27-Feb-15 Yap 299 Wan Nor Idayu Binti Wan Jusoh Adli Aznam & Akram 4-Sep-14 Partners Wan Nur Fariha Najwa Wan Tng Liew David Leon 300 No Firm 10-Oct-14 308 Yap Pak Chung 31-Oct-14 Azaham & Co Wan Nurul Jannah Binti Wan 309 Yasmin Binti Omar Ramli Yusuf & Co 9-May-14 301 Wan Zainuddin & Co 18-Jun-14 Mohamad Azmi 310 Yee Poh Choo Dennis Nik & Wong 30-Jan-15 302 Wee Xu-Yee Soh Hayati & Co 13-Feb-15 311 Yee Xin Qian Skrine 30-Jan-15 303 Wong Jing Yun Albar & Partners 21-Nov-14 312 Yuean Jin Han Tan Norizan & Associates 27-Aug-14 David Gurupatham & Lee Hishammuddin Allen 304 Wong Kah Ming 21-Nov-14 313 Yuvaraj a/l Sugapathy 7-Nov-14 Koay & Gledhill List of Departed Members (As at time of publication)

SĲ IL S/231 Sethu Arumugam 24 Feb 2015 ANNUAL DEPARTED MEMBERS DATE OF DEATH A/30 Ahmad Nordin Bin Md Amin 28 Feb 2015 NO T/1357 Tan Zhi Chao 6 Mar 2015 Y/28 Yeoh Kian Teik 5 Nov 2014 M/1300 Mohanapi @ Sauffee Afandi B Mohamad 11 Mar 2015 S/1816 Samsulbahri Bin Setaffa 25 Nov 2014 S/2356 Shamsuﬂ an Shamsuddin Bin Alias 12 Apr 2015 R/874 Ravindran G S Paramasivan 7 Dec 2014 M/63 Mohd Nashir B Hussin 7/5/2015 S/1093 Suresh Thanabalasingam 13 Dec 2014 M/366 Mohamad Bustaman Bin Abdullah 23/5/2015 N/1453 Norisah Binti Abu Aman 18 Dec 2014 Y/49 Yip Fook Thai 23/5/2015 M/1686 Mohd Rosalman Fithri Bin Salim 31 Dec 2014 M/623 Mohd Khairol Bin Mohd Ariff 11/5/2015 A/131 Abdul Malik Bin Mohd Salleh 31 Dec 2014 S/2880S Atthiyasilan A/L S A Shamugam 24/5/2015 T/827 Tay Siang Hong 30 Jan 2015 C/117 Choong Phooi Ying 29/5/2015 M/1018 Mazni Binti Hassin 1 Feb 2015 A/992 Adri Amrul Bin Arifﬁ n 10/6/2015 M/495 M Mogan Mariappan 13 Feb 2015

Notice Regarding Bar Council Circulars and E-Blasts The Bar Council Secretariat issues primary means by which we communicate with send an email to us at webreg@malaysianbar. approximately 30 circulars and e-blasts each Members, to keep you informed of important org.my or contact us by telephone at 03-2050 month. Because of the high cost involved, the developments aff ecting the legal profession, as 2021. practice of issuing hard-copy circulars came to well as information on events and benefi ts for an end in 2008. Today, we issue less than fi ve Members. hard-copy circulars a year; the rest are sent by email alone. Similarly, the Malaysian Bar website contains a wealth of information for Members. Certain Based on our records, there is still a large areas of the website are only accessible if you number of Members who are not on our have a login ID and password. e-mail mailing list, and hence not receiving the Bar Council circulars and e-blasts. This In order to be added to our e-mail mailing list and is an issue of concern since circulars are the to register for full access to the website, please

88 PRAXIS | JAN-JUN 2015 BAR UPDATES/NOTICES Summary of Circulars (October 2014 to March 2015)

Circular No 002/2015 | Qualifi ed Lawyers Transfer Scheme — An Overview and How Circular No 053/2015 | Expansion of E-Filing to Kota Bharu Court Complex to Apply Access this circular for more details. The Qualifi ed Lawyers Transfer Scheme (“QLTS”) is a fast-track route that enables lawyers Circular No 055/2015 | Resolutions Adopted at the 69th Annual General Meeting of the from other jurisdictions to be admitted as solicitors of England and Wales, by the Solicitors Malaysian Bar on 14 Mar 2015 Regulation Authority (“SRA”). Access this circular for more details. Access this circular to view the adopted resolutions. Circular No 003/2015 | Arahan Penangguhan Pertukaran Yang Arif Hakim Mahkamah Circular No 065/2015 | Questionnaire for Watching Brief Lawyers Tinggi Bil 1/2015 Access this circular for more details. Access this circular for more details. Circular No 066/2015 | Arahan Amalan Bil 1 Tahun 2015 | Kes-Kes Anti Pencatutan Circular No 004/2015 | Appeal for Donations to Assist Persons Aff ected by Floods Access this circular for more details. The fl oods that hit several states caused tremendous devastation to the lives of hundreds of thousands in our country. Members of the Bar, particularly in Kelantan, Pahang and Circular No 002/2015 | Qualifi ed Lawyers Transfer Scheme — An Overview and How Terengganu, were not spared, as many were adversely aff ected by the fl oods. We also to Apply received numerous reports of Members who have had to be evacuated and/or have The Qualifi ed Lawyers Transfer Scheme (“QLTS”) is a fast-track route that enables lawyers suff ered loss, both professionally and personally. Due to the urgent nature of the need of from other jurisdictions to be admitted as solicitors of England and Wales, by the Solicitors aff ected Members for assistance, the Bar Council organised emergency supplies and funds Regulation Authority (“SRA”). Access this circular for more details. to be sent to Kelantan, Pahang and Terengganu. Access this circular for more details. Circular No 003/2015 | Arahan Penangguhan Pertukaran Yang Arif Hakim Mahkamah Circular No 005/2015 | Stamp Duty (Remission) Order 2014 and Stamp Duty Tinggi Bil 1/2015 (Remission) (No 2) Order 2014 Access this circular for more details. Access this circular for more details. Circular No 004/2015 | Appeal for Donations to Assist Persons Aff ected by Floods Circular No 008/2015 | Amendment to Section 21B(1) of the Real Property Gains Tax Act 1976 The fl oods that hit several states caused tremendous devastation to the lives of hundreds Access this circular for more details. of thousands in our country. Members of the Bar, particularly in Kelantan, Pahang and Terengganu, were not spared, as many were adversely aff ected by the fl oods. We also Circular No 011/2015 | BNM’s Dedicated Website on Anti-Money Laundering and received numerous reports of Members who have had to be evacuated and/or have Counter Financing of Terrorism suff ered loss, both professionally and personally. Due to the urgent nature of the need of Bank Negara Malaysia (“BNM”) informed us that it now has a dedicated website which aff ected Members for assistance, the Bar Council organised emergency supplies and funds provides the latest information on the law, subsidiary legislation, guidelines with regard to to be sent to Kelantan, Pahang and Terengganu. Access this circular for more details. Anti-Money Laundering and Counter Financing of Terrorism (“AML/CFT”) policies, circulars, and relevant forms related to the AML/CFT framework. Access this circular for more details. Circular No 005/2015 | Stamp Duty (Remission) Order 2014 and Stamp Duty (Remission) (No 2) Order 2014 Circular No 012/2015 | Compliance with Malaysia Deposit Insurance Corporation Access this circular for more details. (Disclosure Requirements for Trust Accounts and Joint Accounts) Regulations 2012 Access this circular for more details. Circular No 008/2015 | Amendment to Section 21B(1) of the Real Property Gains Tax Act 1976 Access this circular for more details. Circular No 018/2015 | Invitation to Contribute to the Bar Council Orang Asli Defence Fund The Bar Council Committee on Orang Asli Rights (“COAR”) was established in 2010 to Circular No 011/2015 | BNM’s Dedicated Website on Anti-Money Laundering and advocate the rights of the Peninsular Malaysia Orang Asli, particularly with respect to their Counter Financing of Terrorism customary lands, territories and resources. Access this circular for more details. Bank Negara Malaysia (“BNM”) informed us that it now has a dedicated website which provides the latest information on the law, subsidiary legislation, guidelines with regard to Circular No 021/2015 | Amendment to Ruling 7.03 of the Rules and Rulings of the Bar Council Anti-Money Laundering and Counter Financing of Terrorism (“AML/CFT”) policies, circulars, Access this circular for more details. and relevant forms related to the AML/CFT framework. Access this circular for more details. Circular No 027/2015 | Service Bureaus E-Filing Charges at the Federal Court and the Circular No 012/2015 | Compliance with Malaysia Deposit Insurance Corporation Court of Appeal (Disclosure Requirements for Trust Accounts and Joint Accounts) Regulations 2012 Access this circular for more details. Access this circular for more details. Circular No 029/2015 | Register of Mentors for Issues Relating to Practice Management Circular No 018/2015 | Invitation to Contribute to the Bar Council Orang Asli Defence Fund The Bar Council Small Firms Committee has compiled a Register of Mentors, which is The Bar Council Committee on Orang Asli Rights (“COAR”) was established in 2010 to now accessible on the Malaysian Bar website. The Register of Mentors contains names advocate the rights of the Peninsular Malaysia Orang Asli, particularly with respect to their of senior Members of the Bar, who have agreed to share their wealth of knowledge and customary lands, territories and resources. Access this circular for more details. experience from years of running a legal practice. Access this circular for more details. Circular No 021/2015 | Amendment to Ruling 7.03 of the Rules and Rulings of the Bar Council Circular No 034/2015 | Notifi cation from the Court of Appeal to Criminal Law Practitioners Access this circular for more details. Access this circular for more details. Circular No 027/2015 | Service Bureaus E-Filing Charges at the Federal Court and the Circular No 038/2015 | Arahan Pertukaran Yang Arif Hakim / Pesuruhjaya Kehakiman Court of Appeal Mahkamah Tinggi Bil 1/2015 Access this circular for more details. Access this circular for more details. Circular No 029/2015 | Register of Mentors for Issues Relating to Practice Management Circular No 043/2015 | Application for Stamp Duty Remission under the Stamp Duty The Bar Council Small Firms Committee has compiled a Register of Mentors, which is (Remission) Order 2014 and Stamp Duty (Remission) (No 2) Order 2014 now accessible on the Malaysian Bar website. The Register of Mentors contains names Access this circular for more details. of senior Members of the Bar, who have agreed to share their wealth of knowledge and Circular No 046/2015 | Arahan Amalan Mahkamah Rayuan Bil 2 Tahun 2015 | experience from years of running a legal practice. Access this circular for more details. Pengkelasan Semula Kod bagi Rayuan Jenayah bagi Kod 05, 06A, 06B dan 09 Circular No 034/2015 | Notifi cation from the Court of Appeal to Criminal Law Practitioners Access this circular for more details. Access this circular for more details. Circular No 047/2015 | Arahan Amalan Mahkamah Rayuan Bil 1 Tahun 2015 | Circular No 038/2015 | Arahan Pertukaran Yang Arif Hakim / Pesuruhjaya Kehakiman Pengkelasan Semula Kod bagi Rayuan Sivil Bicara Penuh (FT) Mahkamah Tinggi Bil 1/2015 Access this circular for more details. Access this circular for more details. Circular No 048/2015 | Members Struck Off the Roll of Advocates and Solicitors in 2014 Circular No 043/2015 | Application for Stamp Duty Remission under the Stamp Duty Access this circular for more details. (Remission) Order 2014 and Stamp Duty (Remission) (No 2) Order 2014 Circular No 049/2015 | Agenda and Motions for the 69th Annual General Meeting of Access this circular for more details. the Malaysian Bar Circular No 046/2015 | Arahan Amalan Mahkamah Rayuan Bil 2 Tahun 2015 | Access this circular to view the agenda and motions for the 69th Annual General Meeting Pengkelasan Semula Kod bagi Rayuan Jenayah bagi Kod 05, 06A, 06B dan 09 of the Malaysian Bar. Access this circular for more details. Circular No 051/2015 | Imposition by Local Councils of Requirement of Licences for Circular No 047/2015 | Arahan Amalan Mahkamah Rayuan Bil 1 Tahun 2015 | Premises and/or Signboards Pengkelasan Semula Kod bagi Rayuan Sivil Bicara Penuh (FT) Access this circular for more details. Access this circular for more details. Circular No 052/2015 | Update on the Proposed Legal Profession (Group Practice) Circular No 048/2015 | Members Struck Off the Roll of Advocates and Solicitors in 2014 Rules 2013 Access this circular for more details. Access this circular for more details.

JAN-JUN 2015 | PRAXIS 89 BAR UPDATES/NOTICES

Circular No 049/2015 | Agenda and Motions for the 69th Annual General Meeting of Circular No 055/2015 | Resolutions Adopted at the 69th Annual General Meeting of the the Malaysian Bar Malaysian Bar on 14 Mar 2015 Access this circular to view the agenda and motions for the 69th Annual General Meeting Access this circular to view the adopted resolutions. of the Malaysian Bar. Circular No 065/2015 | Questionnaire for Watching Brief Lawyers Circular No 051/2015 | Imposition by Local Councils of Requirement of Licences for Access this circular for more details. Premises and/or Signboards Circular No 066/2015 | Arahan Amalan Bil 1 Tahun 2015 | Kes-Kes Anti Pencatutan Access this circular for more details. Access this circular for more details. Circular No 052/2015 | Update on the Proposed Legal Profession (Group Practice) Rules 2013 The list above highlights some of Bar Council’s circulars that were sent out to Members Access this circular for more details. of the Bar from October 2014 to March 2015. Access the Malaysian Bar website at www. Circular No 053/2015 | Expansion of E-Filing to Kota Bharu Court Complex malaysianbar.org.my to view these, and other circulars, in full. Please note that some Access this circular for more details. circulars are only accessible if you are a registered user of the Malaysian Bar website.

General Information on Matters Discussed at Bar Council Meetings (January to March 2015)

Inaugural Malaysian Legal Expo 2015 (28 Feb 2015) The Bar Council is proud to organise the inaugural Malaysian Legal Expo (“LEXPO”), which will be held on 28 Feb 2015 (Saturday) at Dataran Undrgrnd, Merdeka Square, Kuala Lumpur.

LEXPO 2015 seeks to bring together all aspects of a career in law — from options in education to job prospects in the legal services and related sectors. This event will provide law ﬁ rms with concrete and targeted opportunities to network and increase exposure, while establishing an advantageous platform to connect with, and put a face to, potential talent. In addition to law ﬁ rms, there will be a strategic array of exhibitors, including a range of corporate and other entities, which have openings for individuals with legal training and experience.

We invite you to give your law fi rm the leading edge in recruitment, by participating as an exhibitor in this groundbreaking event. For more details, please visit the LEXPO 2015 website at www.lexpo. my, or contact Nishta Jiwa, Public Relations Offi cer (03-2050 2037; [email protected]) or Sangheetha K, Marketing Offi cer (03-2050 2038; [email protected]). Appeal for Donations to Assist Persons Aff ected by Floods The recent fl oods that hit several states have caused tremendous devastation to the lives of hundreds of thousands in our country.

Members of the Bar, particularly in Kelantan, Pahang and Terengganu, were not spared, as many were adversely affected by the ﬂ oods. We also received numerous reports of Members who have had to be evacuated and/or have suffered loss, both professionally and personally. The Bar Council has initiated a donation drive to assist affected Members and others in need.

We appeal to the kindness and compassion of Members to contribute to this collective effort, and thank you in advance for your generosity.

Donations can be made by: (a) direct deposit to HSBC Bank Malaysia Berhad, No 2 Leboh Ampang, 50100 Kuala Lumpur (Account: 301-022166-001; SWIFT code: HBMBMYKL); or (b) cheque or bank draft, payable to “Bar Council”; or (c) cash, at the Ground Floor of the Bar Council Secretariat.

To contribute, please complete and submit the attached reply slip, together with proof of payment, to Suvitha Marimuthu by fax at 03-2050 2133 or by email at [email protected]. Please indicate “Natural Disaster and Flood Relief Fund” on the back of the cheque or on the bank-in slip.

Memorandum of Understanding between Malaysian Bar and Australian Bar Association The Bar Council has signed, on behalf of the Malaysian Bar, a Memorandum of Understanding (“MoU”) with the Australian Bar Association to promote and maintain close cooperation between the two Bar Associations, for the beneﬁ t of the lawyers they represent and to promote the rule of law. The MoU, which is for an initial period of two years, is also aimed at deepening mutual knowledge and developing a positive and mutually beneﬁ cial relationship.

A few other Bar Associations have also expressed interested in entering into MoUs with the Malaysian Bar in the near future.

The list above highlights some items featured in Bar Council’s “General Statements”, which were sent out to Members of the Bar from January to December 2015. Access the Malaysian Bar website at www.malaysianbar.org.my to view these in full. Please note that “General Statements” are only accessible if you are a registered user of the Malaysian Bar website. List Of Struck Off Members Wherein Appeal/ Reinstatement Allowed Reinstatement

NO MEMBER DATE OF ORDER REMARKS Practice Status 1. Dharshan Singh a/l Atma Singh 11 Oct 2002 24 Nov 2014 — Application for reinstatement allowed by the High Court 

2. Khong Jin Teong 4 Aug 2004 26 Sept 2014 — Application for reinstatement allowed by the High Court

Note:  In possession of SA/PC 2014

90 PRAXIS | JAN-JUN 2015 BAR UPDATES/NOTICES Notice Regarding Documents in Bar Council’s Custody: Legal Firms in which Bar Council has Intervened (As at 30 Apr 2015) When Bar Council intervenes in a legal fi rm pursuant to powers conferred by the Legal Profession Act 1976, it can take custody of documents that are within the control or possession of the fi rm. Subsequently, Bar Council takes steps to notify clients and/or interested parties to collect their documents within the stipulated time period. However, many documents are uncollected and remain in Bar Council’s custody, such as those taken from the legal fi rms listed below. Clients or interested parties who wish to claim documents that relate to cases that were handled by these legal fi rms are advised to contact the Bar Council’s Intervention Department at 03-2050 2159.

Kuala Lumpur Messrs Mohd Zawawi Amelda & Partners Messrs Bhaarathee & Associates Johore Messrs Herlina & Co Messrs C K Kow & Co Messrs Zainal Rashid & Partners Messrs Razak & Fakrul Messrs Rina Noor & Co Messrs Nazli Ghazali & Cheong Messrs Jaharberdeen & Ngo Messrs Baharuddin & Partners Messrs Kushairi & Co Messrs Zaim Al-Amin & Assoc Messrs Jauhari & Assoc Messrs Rosli Rahman & Co Messrs Loh & Co Messrs Su How & Co Messrs H K Teh & Assoc Messrs J L Lim & Co Messrs Yusof Abdullah & Partners Messrs M W Lian & Assoc. Messrs Sabri Nazli Lana & Azizan Messrs Mariam & Co Messrs R K Nandy & Associates Messrs Zihin Shariff & Partners Messrs Penney Khoo Soh Ping & Co Messrs K Y Teo & Associates Messrs Badri Kuhan Yeoh & Ghandi Messrs Khalid Chung & Shankar Messrs Umar Baki & Co Negeri Sembilan Messrs K E Ooi & Partners Messrs Nordin Hamid & Co Messrs Cheong & Chong Messrs M. Kuppusamy & Co Messrs Anuar S J Ong & Co Messrs Raja Rohana & Co Messrs Hassan Kuldeep & Co Messrs Sasi Kumar & Assoc Messrs Adi Azhar Messrs Abdullah-Haniff & Assoc Messrs Khalil Samsuni & Co Messrs S F Leow Messrs B C Low Selangor Malacca Messrs Azizi Nizam & Anwar Messrs Sooriyar & Co Messrs Donald Lai & Associates Messrs Ang Kwee Thian & Associates Perak Messrs Y H Chan & Co Messrs Irzuan Messrs Tuah Hilmy & Hazudin Messrs J S Olikh & Co Messrs Shaik Anwar Raja Messrs Sajali & Co Messrs Parthan & Associates Messrs Ravi Nair Maideen & Assoc. Messrs P L Low & Co Messrs J M Zain & Associates Messrs YC Pok & Zurina Messrs Mohd Azhar & Co Messrs Wan Nizar Rais Messrs Loh & Co Messrs Ganesan Mariapan & Co Kedah/Perlis Messrs Par Govind & Co Messrs Bagia Sri Devi & Co Pahang Messrs Jamaludin Amin & Co Messrs Hadi & Co Messrs Noi Messrs Yum Ng & Stanley Penang Messrs Michael Lim & Assoc. Messrs Zubaidah Mukhtar Ahmad Messrs Zul & Co Messrs A J Hamzah & Co Messrs Yusuf Abdul Rahman & Co Messrs S. Letchumanan & H. Nizam Messrs Zachery & Co

As at 6 Apr 2015 Library Update (1 Oct to 31 Dec 2014)

BILLS 2014 Registration Of Businesses (Amendment) Act 2014 [DR.17/2014] 20 October 2014

TITLE PUBLICATION DATE Registration Of Engineers (Amendment) Act 2014 [DR.20/2014] 27 November 2014

Architects (Amendment) Act 2014 [DR.21/2014] 27 November 2014 Supply Act 2015 [DR.15/2014] 20 October 2014

Companies Commission Of Malaysia (Amendment) 2014 [DR.16/2014] 20 October 2014 Technologists And Technicians Act 2014 [DR.30/2014] 1 December 2014

Control Of Supplies (Amendment) Act 2014 [DR.28/2014] 1 December 2014 Unclaimed Moneys (Amendment) Act 2014 [DR.12/2014] 20 October 2014

Dangerous Drugs (Amendment) (No. 2) Act 2014 [DR.24/2014] 1 December 2014

Education (Amendment) Act 2014 [DR.29/2014] 1 December 2014 PRINCIPAL ACTS 2008

Finance (No. 2) Act 2014 [DR.19/2014] 20 October 2014 ACT NO: TITLE

Financial Procedure (Amendment) Act 2014 [DR.11/2014] 20 October 2014 ACT 689 GEOLOGISTS ACT 2008 Housing Loans Fund (Amendment) Act 2014 [DR.14/2014] 20 October 2014 Notes: - An act to establish the Board of Geologists and to provide for the registration of geologists, the regulation of geological practice and for related matters. Industrial Relations (Amendment) Act 2014 [DR.26/2014] 1 December 2014 w.e.f.:- 28.11.2014 – [P.U. (B) 521/2014]

Limited Liability Partnerships (Amendment) Act 2014 [DR.18/2014] 20 October 2014

Malaysian Airline System Berhad (Administration) Act 2014 [DR.31/2014] 1 December 2014

Members Of Parliament (Remuneration) (Amendment) Act 2014 1 December 2014 [DR.23/2014]

National Trust Fund (Amendment) Act 2014 [DR.13/2014] 20 October 2014

Netting Of Financial Agreements Act 2014 [DR.25/2014] 1 December 2014

Prison (Amendment) (No. 2) Act 2014 [DR.10/2014] 20 October 2014

Quantity Surveyors (Amendment) Act 2014 [DR.22/2014] 27 November 2014

JAN-JUN 2015 | PRAXIS 91 BAR UPDATES/NOTICES

PRINCIPAL ACTS 2013 AMENDING ACTS 2006

ACT NO: TITLE ACT NO: TITLE

ACT 758 FINANCIAL SERVICES ACT 2013 ACT A1265 ROAD TRANSPORT (AMENDMENT) (NO.2) ACT 2006 An Act to provide for the regulation and supervision of ﬁ nancial institutions, payment Notes: - Amends ss.3,127 systems and other relevant entities and the oversight of the money market and foreign - Inserts new Part IIIA (ss.88A, 88B, 88C, 88D, 88E,88F) exchange market to promote ﬁ nancial stability and for related, consequential or w.e.f.:- 1.1.2015 – [P.U.(B) 548/2014] incidental matters.

Notes:- Repeals the Banking and Financial Institutions Act 1989 [Act 372], Exchange Control Act 1953 [Act 17], the Insurance Act 1996 [Act 553] and the Payment Systems AMENDING ACTS 2014 Act 2003 [Act 627] - Nothwithstanding the repeal of the Insurance Act 1996 under s.271 -- ACT NO: TITLE - ss.147(4) ,147(5),150 and 151 of the repealed Insurance Act 1996 shall continue to remain in full force and eff ect until such date to be appointed by the Minister in accordance with subsection 1(2) for the coming into operation of section 129 and ACT A1471 PENAL CODE (AMENDMENT) ACT 2014 Sch.9 Notes:- Inserts new ss.52A,52B,75A,130QA,130X,130Y,130Z,130ZA,130ZB,130ZC,203A, - ss.144 and 224 of the repealed Insurance Act 1996 shall continue to remain in full 326A,352A,375B, 411A, amends ss.107,130U,130V,176,223,320,322,324,326,376,376B,3 force and eff ect until such sections are repealed by the Minister by notifi cation in the 77CA,377E,426,427,428, 430,430A,435,436 and deletes s.429 Gazette; and w.e.f.: 31.12.2014 - an insurance fund established and maintained under section 38 of the repealed ACT A1472 SECURITY OFFENCES (SPECIAL MEASURES) (AMENDMENT) ACT 2014 Insurance Act 1996 shall be deemed to have established and maintained under s.81 Notes:- Amends ss.6,30 and Sch.1 - Revokes the following subsidiary legislations:- w.e.f.: 31.12.2014 - Banking and Financial Institutions (Single Customer Credit Limit) Order 2000, [P.U. (A) 352/2000] - Banking and Financial Institutions (Minimum Amount of Capital Funds) (Licensed Discount Houses and Licensed Money-Brokers) Order 2001, [P.U. (A) 63/2001] - Banking and Financial Institutions (Scheduled Institutions) (Regulation of Credit LATEST INDEX TO P.U.(A) SERIES 2014 Token Institutions) Order 1999, [P.U.(A) 327/1999] [P.U.(A) 261/2014 – P.U.(A) 364/2014] - Banking and Financial Institutions (Acquisition and Holding of Shares and Interests As at 31 Dec 2014 in Shares) (Licensed Banks, Licensed Finance Companies and Licensed Merchant Banks) Regulations 1991, [P.U. (A) 189/1991] - Exchange Control (Scheduled Territories) Order 1973, [P.U. (A) 119/1973] TITLE P.U.(A) NO - Authorisation to Compound Off ences, [P.U. (B) 163/1979] - Exchange Control (Specifi ed Currency) Order 1986, [P.U. (A) 463/1986] ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS 291/2014 - Appointment under subsection 3(2), [P.U. (B) 504/1998] OF UNLAWFUL ACTIVITIES ACT 2001 [ACT 613] - Exchange Control (Money-Changing Business) (Exemption) Order 2000, [P.U. (A) ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS 186/2000] OF UNLAWFUL ACTIVITIES (AMENDMENT OF FIRST SCHEDULE) ORDER 2014 -. Authorization under subparagraph 8(1) of Part II of the Fifth Schedule, [P.U. (B) Issued under s.85, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds 58/2001] of Unlawful Activities Act 2001 - Appointment under subsection 3(2), [P.U. (B) 206/2007] Notes:- Amends Sch.1, Anti-Money Laundering, Anti-Terrorism Financing and - Payment Systems (Remittance System Approved under the Money Services Proceeds of Unlawful Activities Act 2001 Business Act 2011) (Exclusion) Order 2011, [P.U. (A) 399/2011] w.e.f.:- 6.11.2014 - Insurance Guarantee Scheme (General Insurance Business) Fund Regulations 1990, [P.U. (A) 8/1990] ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS 294/2014 - Insurance Guarantee Scheme Fund (General Insurance Business) (Restriction on OF UNLAWFUL ACTIVITIES ACT 2001 [ACT 613] Payment) Regulations 1994, [P.U. (A) 377/1994] ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS - Insurance Guarantee Scheme (General Insurance Business) Fund (Amendment) OF UNLAWFUL ACTIVITIES (AMENDMENT OF SECOND SCHEDULE) ORDER Regulations 1990, [P.U. (A) 278/1994] 2014 w.e.f.:- 30.6.2013 – all sections except s.129 and Sch.9 – [P.U.(B) 276/2013] Issued under s.85, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds w.e.f.:- 1.1.2015 – s.129 and Sch.9 – [P.U.(B) 552/2014] of Unlawful Activities Act 2001 Notes:- Amends Sch.2, Anti-Money Laundering, Anti-Terrorism Financing and ACT 759 ISLAMIC FINANCIAL SERVICES ACT 2013 Proceeds of Unlawful Activities Act 2001 An Act to provide for the regulation and supervision of Islamic fi nancial institutions, w.e.f.:- 8.11.2014 payment systems and other relevant entities and the oversight of the Islamic money market and Islamic foreign exchange market to promote fi nancial stability and compliance with Shariah and for related, consequential or incidental matters. ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS 325/2014 OF UNLAWFUL ACTIVITIES ACT 2001 [ACT 613] Notes:- Repeals the Islamic Banking Act 1983 [Act 276] and the Takaful Act 1984 ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS [Act 312] OF UNLAWFUL ACTIVITIES (AMENDMENT OF SECOND SCHEDULE) (N0.2) - Nothwithstanding section 282 – ORDER 2014 - any rule, regulation, order, notifi cation or other subsidiary legislation made and any Issued under s.85, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds approval, authority, consent, decision, direction, exemption, notice, order, permission, of Unlawful Activities Act 2001 recommendation, requirement, specifi cation or other executive act granted or done Notes:- Amends Sch.2, Anti-Money Laundering, Anti-Terrorism Financing and under the repealed Acts and in force or having eff ect before the appointed date, shall Proceeds of Unlawful Activities Act 2001 be deemed to have been made, granted or done under a corresponding provision in w.e.f.:- 9.12.2014 this Act or a corresponding provision in any direction issued pursuant to section 168, subsection 225(6) or section 227, and shall continue to remain in full force and eff ect ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS 265/2014 in relation to the person to whom it applied until amended or revoked, except those OF UNLAWFUL ACTIVITIES ACT 2001 [ACT 613] subsidiary legislation set out in Schedule 16 which are deemed to have been revoked; ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS - Revokes the following subsidiary legislations:- OF UNLAWFUL ACTIVITIES (CASH AND BEARER NEGOTIABLE INSTRUMENTS - Takaful (Operators Registration) Regulations 1985, [P.U. (A) 308/1985] DECLARATION) ORDER 2014 - Takaful (Statutory Deposits) Regulations 1985, [P.U. (A) 310/1985] Issued under s.28B(1), 28C(1) and 28E(1), Anti-Money Laundering, Anti-Terrorism - Takaful (Power to Compound) Regulations 1985, [P.U. (A) 314/1985] Financing and Proceeds of Unlawful Activities Act 2001 - Takaful (Prescribed Loan) Regulations 1990, [P.U. (A) 337/1990] Notes:- Revokes the Anti-Money Laundering and Anti-Terrorism Financing (Cash and - Takaful (Prescribed Loan) Regulations 1991, [P.U. (A) 93/1991] Negotiable Bearer Instruments Declaration) Order 2009, [P.U. (A) 464/2009] - Takaful (Prescribed Loan) Regulations 1995, [P.U. (A) 435/1995] w.e.f.:- 1.10.2014 - Takaful (Prescribed Loan) Regulations 1997, [P.U. (A) 237/1997] - Takaful (Prescribed Financial Institution, Loan and Investment) Regulations 2003, ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS 301/2014 [P.U. (A) 17/2003] OF UNLAWFUL ACTIVITIES ACT 2001 [ACT 613] - Notifi cation under subsection 40c(2), [P.U. (B) 465/2008] ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS w.e.f.:- 30.6.2013, all sections except paras.1 to 10 and 13 to 19 of Sch.9 – [P.U.(B) OF UNLAWFUL ACTIVITIES (DECLARATION OF SPECIFIED ENTITIES AND 277/2013] REPORTING REQUIREMENTS) (AMENDMENT) ORDER 2014 w.e.f.:- 1.1.2015, paras.1 to 10 and paras.13 to 19 of Sch.9 – [P.U.(B) 553/2014] Issued under s.66B and 66D, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 Notes:- Amends Sch.1, Anti-Money Laundering, Anti-Terrorism Financing And Proceeds Of Unlawful Activities (Declaration Of Specifi ed Entities And Reporting PRINCIPAL ACTS 2014 Requirements) Order 2014, [P.U. (A) 93/2014] w.e.f.:- 13.11.2014 ACT NO: TITLE ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS 324/2014 ACT 764 FINANCE (NO.2) ACT 2014 OF UNLAWFUL ACTIVITIES ACT 2001 [ACT 613] An Act to amend the Income Tax 1967, the Petroleum (Income Tax) Act 1967 and the ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS Real Property Gains Tax Act 1976. OF UNLAWFUL ACTIVITIES (INVOCATION OF PART IV) (NO. 2) ORDER 2014 w.e.f.: - 31.12.2014 and various dates as specifi ed in the respective chapters for Issued under s.8(1), Anti-Money Laundering, Anti-Terrorism Financing and Proceeds each act amended. of Unlawful Activities Act 2001 w.e.f.:- 9.12.2014 ACT SUPPLY ACT 2015 A1469 An Act to apply a sum from the Consolidated Fund for the service of the year 2015 and to appropriate that sum for the service of that year. w.e.f.: - 31.12.2014

92 PRAXIS | JAN-JUN 2015 BAR UPDATES/NOTICES

CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 328/2014 CUSTOMS ACT 1967 [ACT 235] 266/2014 CAPITAL MARKETS AND SERVICES (CAPITAL MARKET COMPENSATION CUSTOMS DUTIES (GOODS UNDER AGREEMENT ON COMPREHENSIVE FUND) (CONTRIBUTION) (AMENDMENT) REGULATIONS 2014 ECONOMIC PARTNERSHIP AMONG MEMBER STATES OF THE ASEAN AND Issued under s.160(1), Capital Markets And Services Act 2007 JAPAN) (AMENDMENT) ORDER 2014 Notes:- Amends Sch.1, Capital Markets and Services (Capital Market Compensation Issued under s.11(1), Customs Act 1967 Fund) (Contribution) Regulations 2012, [P.U. (A) 482/2012] Notes:- Amends Sch.1, Customs Duties (Goods under Agreement on Comprehensive w.e.f.:- 12.12.2014 Economic Partnership Among Member States of the ASEAN and Japan) Order 2008, [P.U. (A) 476/2008] CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 292/2014 w.e.f.:- 1.10.2014 CAPITAL MARKETS AND SERVICES (REPORTING OF SUBSTANTIAL SHAREHOLDING) (REVOCATION) REGULATIONS 2014 DENTAL ACT 1971 [ACT 51] 295/2014 Issued under s.378, Capital Markets And Services Act 2007 DENTAL (AMENDMENT OF SECOND SCHEDULE) (NO.4) ORDER 2014 Notes:- Revokes the Securities Industry (Reporting of Substantial Shareholding) Issued under s. 12(2), Dental Act 1971 Regulations 1998, [P.U. (A) 174/1998] Notes:- Amends Sch.2, Dental Act 1971 w.e.f.:- 7.11.2014 w.e.f.:- 11.11.2014

CO-OPERATIVE SOCIETIES ACT 1993 [ACT 502] 269/2014 DENTAL ACT 1971 [ACT 51] 277/2014 CO-OPERATIVE SOCIETIES (ASSUMPTION OF CONTROL) (APPOINTMENT) DENTAL (EXEMPTION OF PUBLIC SERVICE PERIOD) ORDER 2014 ORDER 2014 Issued under s.49(1)(a), Dental Act 1967 Issued under s.69(2), Co-Operative Societies Act 1993 Notes:- The Minister grants a complete exemption to Dr. Ahmad M. Daood, Dr. Resha w.e.f.:- 10.10.2014 Adnan Malik, Dr. Laith Mahmoud Abdul Hadi, and Dr. Yap Tsen Wei from undergoing the period of public service required under section 48 of the Act. CONTROL OF SUPPLIES ACT 1961 [ACT 122] 279/2014 w.e.f.:- 18.10.2014 CONTROL OF SUPPLIES (CONTROLLED ARTICLES) (NO.5) ORDER 2014 Issued under s.5, Control Of Supplies Act 1961 DENTAL ACT 1971 [ACT 51] 278/2014 w.e.f.:- 18.10.2014 – 27.10.2014 DENTAL (REDUCTION OF PUBLIC SERVICE PERIOD) ORDER 2014 Issued under s.49(1)(a), Dental Act 1971 CONTROL OF SUPPLIES ACT 1961 [ACT 122] 341/2014 Notes:- The Minister grants a reduction from the public service period required under CONTROL OF SUPPLIES (CONTROLLED ARTICLES) (NO.6) ORDER 2014 section 48 of the Act from three (3) years to two (2) years to the persons named in Issued under s.5, Control Of Supplies Act 1961 Schedule I and from three (3) years to one (1) year to the persons named in Schedule w.e.f.:- 23.12.2014 – 27.12.2014 II. w.e.f.:- 18.10.2014 COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 286/2014 CUSTOMS (CUSTOMS (ANTI-DUMPING DUTIES) (NO.4) ORDER 2013) DEVELOPMENT FINANCIAL INSTITUTIONS ACT 2002 [ACT 618] 311/2014 (REVOCATION) ORDER 2014 DEVELOPMENT FINANCIAL INSTITUTIONS (SMALL MEDIUM ENTREPRISE Issued under s.25, Countervailing and Anti-Dumping Duties Act 1993 and s.11(1), DEVELOPMENT BANK MALAYSIA BERHAD) (EXEMPTION) ORDER 2014 Customs Act 1967 Issued under s.122, Development Financial Institutions Act 2002 Notes:- Revokes the Custom (Anti-Dumping Duties) (No.4) Order 2013, [P.U. (A) Notes:- Exempts Small Medium Enterprise Development Bank Malaysia Berhad 390/2013] (Company Number: 49572-H), a company incorporated under Companies Act 1965 w.e.f.:- 5.1.2014 [Act 125] and having its registered oﬃ ce at Level 22, Menara SME Bank, Jalan Sultan Ismail, 50250 Kuala Lumpur, from the application of paragraph 28(3)(b) of the Act. COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 276/2014 w.e.f.:- 18.11.2014 CUSTOMS (PROVISIONAL ANTI-DUMPING DUTIES) ORDER 2014 Issued under s.24, Countervailing and Anti-Dumping Duties Act 1993 and s.11(1), EDUCATION ACT 1996 [ACT 550] 333/2014 Customs Act 1967 EDUCATION (TERMS OF EDUCATIONAL INSTITUTIONS YEAR 2015) w.e.f.:- 17.10.2014 – 13.2.2015 REGULATIONS 2014 Issued under s.130(2)(b), Education Act 1996 COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 302/2014 Notes:- These Regulations shall apply to attendance at educational institutions for CUSTOMS (PROVISIONAL ANTI-DUMPING DUTIES) (NO.2) ORDER 2014 the year 2015 Issued under s.24, Countervailing and Anti-Dumping Duties Act 1993 and s.11(1), w.e.f.:- 17.12.2014 Customs Act 1967 w.e.f:- 1.4.11.2014 – 13.3.2015 ENVIRONMENTAL QUALITY ACT 1974 [ACT 127] 274/2014 ENVIRONMENTAL QUALITY (DELEGATION OF POWERS) (INVESTIGATION ON CREDIT REPORTING AGENCIES ACT 2010 [ACT 710] 275/2014 EROSION AND SEDIMENT CONTROL) (AMENDMENT) ORDER 2014 CREDIT REPORTING AGENCIES (COMPOUNDING OF OFFENCES) Issued under s.49(1), Environmental Quality Act 1974 REGULATIONS 2014 Notes:- Amends para.1 and Sch, Environmental Quality (Delegation Of Powers) Issued under s.72(2)(d), Credit Reporting Agencies Act 2010 Investigation On Erosion And Sediment Control) Order 2012 [P.U. (A) 436/2012] w.e.f.:- 16.10.2014 w.e.f.:- 15.10.2014

CUSTOMS ACT 1967 [ACT 235] 312/2014 EXCISE ACT 1976 [ACT 176] 322/2014 CUSTOMS (AMENDMENT) (NO.5) REGULATIONS 2014 EXCISE (AMENDMENT) (NO.2) REGULATIONS 2014 Issued under s.142, Customs Act 1967 Issued under s.85, Excise Act 1976 Notes:- Amends Sch.2, Customs Regulations 1977, [P.U. (A) 162/1977] Notes:- Inserts new Part XD (reg.59R) and amends Sch.1, Excise Regulations 1977, w.e.f.:- 19.11.2014 [P.U. (A) 161/1977] w.e.f.:- 15.12.2014 CUSTOMS ACT 1967 [ACT 235] 286/2014 CUSTOMS (CUSTOMS (ANTI-DUMPING DUTIES) (NO.4) ORDER 2013) EXCISE ACT 1976 [ACT 176] 287/2014 (REVOCATION) ORDER 2014 EXCISE DUTIES (AMENDMENT) ORDER 2014 Issued under s. 11(1), Customs Act 1967 and s.25, Countervailing and Anti-Dumping Issued under s. 6(1), Excise Act 1976 Duties Act 1993 Notes:- Amends Sch, Excise Duties Order 2012, [P.U. (A) 350/2012] Notes:- Revokes the Custom (Anti-Dumping Duties) (No.4) Order 2013, [P.U. (A) w.e.f.:- 1.11.2014 390/2013] w.e.f.:- 5.1.2014 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 267/2014 FACTORIES AND MACHINERY (EXEMPTION TO BASF PETRONAS CHEMICALS CUSTOMS ACT 1967 [ACT 235] 264/2014 SDN. BHD., KUANTAN, PAHANG) ORDER 2014 CUSTOMS (PROHIBITION OF IMPORTS) (AMENDMENT) (NO.3) ORDER 2014 Issued under s.55(3), Factories And Machinery Act 1967 Issued under s.31(1), Customs Act 1967 w.e.f.:- 4.10.2014 Notes:- Amends Sch.2, Customs (Prohibition Of Imports) Order 2012, [P.U. (A) 490/2012] FACTORIES AND MACHINERY ACT 1967 [ACT 139] 323/2014 w.e.f.:- 30.9.2014 FACTORIES AND MACHINERY (EXEMPTION TO PETRONAS GAS BERHAD, GAS PROCESSING PLANT (GPP5), PAKA, TERENGGANU) ORDER 2014 CUSTOMS ACT 1967 [ACT 235] 276/2014 Issued under s.55(3), Factories And Machinery Act 1967 CUSTOMS (PROVISIONAL ANTI-DUMPING DUTIES) ORDER 2014 w.e.f.:- 4.12.2014 Issued under s. 11(1), Customs Act 1967 and s.24, Countervailing and Anti-Dumping Duties Act 1993 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 300/2014 w.e.f.:- 17.10.2014 – 13.2.2015 FACTORIES AND MACHINERY (EXEMPTION TO PETRONAS GAS BERHAD, KERTIH, TERENGGANU) ORDER 2014 CUSTOMS ACT 1967 [ACT 235] 327/2014 Issued under s. 55(3), Factories And Machinery Act 1967 CUSTOMS (PROVISIONAL SAFEGUARDS DUTIES) ORDER 2014 w.e.f.:- 13.11.2014 Issued under s.11(1), Customs Act 1967 and s.22, Safeguards Act 2006 w.e.f.:- 14.12.2014 – 1.7.2015 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 303/2014 FACTORIES AND MACHINERY (EXEMPTION TO PETRONAS GAS BERHAD, CUSTOMS ACT 1967 [ACT 235] 302/2014 PAKA, TERENGGANU) ORDER 2014 CUSTOMS (PROVISIONAL ANTI-DUMPING DUTIES) (NO.2) ORDER 2014 Issued under s. 55(3), Factories And Machinery Act 1967 Issued under s. 11(1), Customs Act 1967 and s.24, Countervailing and Anti-Dumping w.e.f.:- 14.11.2014 Duties Act 1993 w.e.f.:- 14.11.2014 – 13.3.2015

JAN-JUN 2015 | PRAXIS 93 BAR UPDATES/NOTICES

FACTORIES AND MACHINERY ACT 1967 [ACT 139] 270/2014 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 352/2014 FACTORIES AND MACHINERY (PERSONS-IN-CHARGE) (AMENDMENT) FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) (SENAI- REGULATIONS 2014 PASIR GUDANG-DESARU EXPRESSWAY) (AMENDMENT) (NO.2) ORDER 2014 Issued under s.56(1), Factories And Machinery Act 1967 Issued under s.2, Federal Roads (Private Management) Act 1984 Notes:- Amends regs.4,5,6,10,11,12,13,15,20,21 and Sch. and inserts new Part Notes:- Amends Sch.1, Federal Roads (Private Management) (Collection Of Tolls) IA(regs.18A,18B,18C), Factories And Machinery (Persons-In-Charge) Regulations (Senai-Pasir Gudang-Desaru Expressway) Order 2011, [P.U. (A) 231/2011] 1970, [P.U. (A) 112/1983] w.e.f.:- 1.1.2015 w.e.f.:- 15.10.2014 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 351/2014 FEDERAL CONSTITUTION [FGN (NS) 885/1957] 263/2014 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) (SOUTH CONSTITUTION OF THE HIGH COURTS (JUDICIAL COMMISSIONER) (NO.5) KLANG VALLEY EXPRESSWAY) (AMENDMENT) (NO.2) ORDER 2014 ORDER 2014 Issued under s.2, Federal Roads (Private Management) Act 1984 Issued under Art.122AB(1), Federal Constitution Notes:- Amends Sch.1, Federal Roads (Private Management) (Collection Of Tolls) Notes:- Tuan Mohamed Zaini bin Mazlan is appointed to be Judicial Commissioner for (South Klang Valley Expressway) Order 2013, [P.U. (A) 309/2013] a period of two years with eff ect from 6 August 2014. w.e.f.:- 1.1.2015 w.e.f.:- 6.8.2014 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 358/2014 FEDERAL CONSTITUTION [FGN(NS)885/1957] PROCLAMATION 348/2014 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) BY HIS MAJESTY THE YANG DI-PERTUAN AGONG, BY THE GRACE OF ALLAH, (WESTERN KUALA LUMPUR TRAFFIC DISPERSAL SCHEME HIGHWAY – SUPREME HEAD OF THE STATES AND TERRITORIES OF MALAYSIA. KERINCHI LINK AND DAMANSARA LINK) (AMENDMENT) ORDER 2014 Issued under art.55(2), Federal Constitution Issued under s.2, Federal Roads (Private Management) Act 1984 Notes:- Parliament prorogued with eff ect from the second day of March, two Notes:- Amends Sch.2, Federal Roads (Private Management) (Collection Of Tolls) thousand fi fteen. (Western Kuala Lumpur Traffi c Dispersal Scheme Highway – Kerinchi Link And w.e.f.:- 2.3.2015 Damansara Link) Order 2001, [P.U. (A) 274/2001] w.e.f.:- 1.1.2015 FEDERAL CONSTITUTION [FGN(NS)885/1957] PROCLAMATION 349/2014 BY HIS MAJESTY THE YANG DI-PERTUAN AGONG, BY THE GRACE OF ALLAH, FEES ACT 1951 [ACT 209] 364/2014 SUPREME HEAD OF THE STATES AND TERRITORIES OF MALAYSIA. FEES (MEDICAL) (AMENDMENT) ORDER 2014 Issued under art.55(1), Federal Constitution Issued under s.3, Fees Act 1951 Notes:- Parliament summoned and the ninth day of March, two thousand fi fteen and Notes:- Amends paras.1,2,16,17, deletes paras.8A,Schs.FA,FB,FC and inserts new the hour of ten in the morning appointed as the date and time for the First Meeting of para.11A, Fees (Medical) Order 1982, [P.U. (A) 359/1982] the Third Session of the Thirteenth Parliament of Malaysia w.e.f.:- 31.12.2014 w.e.f.:- 9.3.2015 FEES ACT 1951 [ACT 209] 363/2014 FEDERAL ROADS ACT 1959 [ACT 376] 314/2014 FEES (MEDICAL) (COST OF SERVICES) ORDER 2014 FEDERAL ROADS (EAST COAST EXPRESSWAY-PHASE 2) ORDER 2014 Issued under ss.3 and 10, Fees Act 1951 Issued under s.3, Federal Roads Act 1959 Notes:- This Order shall apply to foreign persons only. w.e.f.:- 21.11.2014 w.e.f.:- 31.12.2014

FEDERAL ROADS ACT 1959 [ACT 376] 339/2014 FINANCIAL SERVICES ACT 2013 [ACT 758] 331/2014 FEDERAL ROADS (NEW NORTH KLANG STRAITS BYPASS EXPRESSWAY) FINANCIAL SERVICES (FEES) REGULATIONS 2014 ORDER 2014 Issued under s.26(1) and para.260(2)(c), Financial Services Act 2013 Issued under s.3, Federal Roads Act 1959 w.e.f.:- 15.12.2014 Notes:- Revokes Federal Roads (New North Klang Straits Bypass Expressway) Order 2002, [P.U. (A) 192/2002] FINANCIAL SERVICES ACT 2013 [ACT 758] 355/2014 w.e.f.:- 23.12.2014 FINANCIAL SERVICES (MINIMUM AMOUNT OF CAPITAL FUNDS) (APPROVED PERSON) (AMENDMENT) ORDER 2014 FEDERAL ROADS ACT 1959 [ACT 376] 262/2014 Issued under s.12(1), Financial Services Act 2013 FEDERAL ROADS (WEST MALAYSIA) (AMENDMENT) (NO.8) ORDER 2014 Notes:- Amends Sch.1, Financial Services (Minimum Amount Of Capital Funds) Issued under s.3, Federal Roads Act 1959 (Approved Person) Order 2013, [P.U. (A) 204/2013] Notes:- Amends Sch.1, Federal Roads (West Malaysia) Order 1989, [P.U. (A) w.e.f.:- 1.1.2015 401/1989] w.e.f.:- 23.9.2014 FINANCIAL SERVICES ACT 2013 [ACT 758] 329/2014 FINANCIAL SERVICES [INSURANCE REGULATIONS (AMENDMENT) 2014] FEDERAL ROADS ACT 1959 [ACT 376] 268/2014 REGULATIONS 2014 FEDERAL ROADS (WEST MALAYSIA) (AMENDMENT) (NO.9) ORDER 2014 Issued under s.260(1), Financial Services Act 2013 Issued under s.3, Federal Roads Act 1959 Notes:- Deletes Part IV, Insurance Regulations 1996, [P.U. (A) 653/1996] Notes:- Amends Sch.1, Federal Roads (West Malaysia) Order 1989, [P.U. (A) w.e.f.:- 15.12.2014 401/1989] w.e.f.:- 10.10.2014 FOOD ACT 1983 [ACT 281] 316/2014 CONTROL OF TOBACCO PRODUCT (AMENDMENT) REGULATIONS 2014 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 353/2014 Issued under s.36, Food Act 1983 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) Notes:- Amends regs.2 and 11, Control Of Tobacco Product Regulations 2004, [P.U. (CHERAS-KAJANG HIGHWAY) (AMENDMENT) ORDER 2014 (A) 324/2004] Issued under s.2, Federal Roads (Private Management) Act 1984 w.e.f.:- 26.11.2014 Notes:- Amends Sch.1, Federal Roads (Private Management) (Collection Of Tolls) (Cheras-Kajang Highway) Order 1999, [P.U. (A) 15/1999] GAS SUPPLY ACT 1993 [ACT 501] 321/2014 w.e.f.:- 1.1.2015 GAS SUPPLY (AMENDMENT) REGULATIONS 2014 Issued under s.39, Gas Supply Act 1993 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 359/2014 Notes: - General Amendment, Gas Supply Regulations, [P.U. (A) 287/1997]: FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) - Amends by substituting for the words “Director General” the words “the (DAMANSARA-PUCHONG HIGHWAY) (AMENDMENT) ORDER 2014 Commission”, wherever appearing, and Issued under s.2, Federal Roads (Private Management) Act 1984 - Amends in the national language text, by substituting for the word “fee’ the word Notes:- Amends Sch.1, Federal Roads (Private Management) (Collection Of Tolls) “fi ”, wherever appearing. (Damansara-Puchong Highway) Order 1999, [P.U. (A) 27/1999] - Amends regs.15,16,94,118, Sch.3 and inserts new reg.114A, Gas Supply w.e.f.:- 1.1.2015 Regulations, [P.U. (A) 287/1997] w.e.f.:- 1.1.2016 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 357/2014 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) GOODS AND SERVICES TAX ACT 2014 [ACT 762] 271/2014 (GUTHRIE CORRIDOR EXPRESSWAY) (NO.2) (AMENDMENT) (NO.2) ORDER GOODS AND SERVICES TAX (EXEMPT SUPPLY) ORDER 2014 2014 Issued under s.18(2), Goods And Services Tax Act 2014 Issued under s.2, Federal Roads (Private Management) Act 1984 Notes:- Exempts the supply of goods as specifi ed in the First Schedule and the supply Notes:- Amends Sch.1, Federal Roads (Private Management) (Collection Of Tolls) of services as specifi ed in the Second Schedule. (Guthrie Corridor Expressway) (No.2) Order 2005, [P.U. (A) 298/2005] w.e.f.:- 13.10.2014 w.e.f.:- 1.1.2015 GOODS AND SERVICES TAX ACT 2014 [ACT 762] 273/2014 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 344/2014 GOODS AND SERVICES TAX (RELIEF) ORDER 2014 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) (KL- Issued under s.56, Goods And Services Tax Act 2014 KUALA SELANGOR EXPRESSWAY) ORDER 2014 w.e.f.:- 13.10.2014 Issued under s.2, Federal Roads (Private Management) Act 1984 Notes:- Revokes Federal Roads (Private Management) (Collection Of Tolls) (KL-Kuala GOODS AND SERVICES TAX ACT 2014 [ACT 762] 272/2014 Selangor Expressway) Order 2011, [P.U. (A) 263/2011] GOODS AND SERVICES TAX (ZERO-RATED SUPPLY) ORDER 2014 w.e.f.:- 1.1.2015 Issued under s.17, Goods And Services Tax Act 2014 w.e.f.:- 13.10.2014 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 340/2014 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) (NEW INCOME TAX ACT 1967 [ACT 53] 334/2014 NORTH KLANG STRAITS BYPASS EXPRESSWAY) ORDER 2014 INCOME TAX (DEDUCTION FOR COST RELATING TO TRAINING FOR Issued under s.2, Federal Roads (Private Management) Act 1984 EMPLOYEES FOR THE IMPLEMENTATION OF GOODS AND SERVICES TAX) Notes:- Revokes Federal Roads (Private Management) (Collection Of Tolls) (New RULES 2014 North Klang Straits Bypass Expressway) Order 2002, [P.U. (A) 194/2002] Issued under paras.154(1)(b),33(1)(d), Income Tax Act 1967 w.e.f.:- 23.12.2014 w.e.f.:- y/a 2014-y/a 2015

94 PRAXIS | JAN-JUN 2015 BAR UPDATES/NOTICES

INCOME TAX ACT 1967 [ACT 53] 336/2014 NATIONAL SERVICE TRAINING ACT 2003 [ACT 628] PROCLAMATION 298/2014 INCOME TAX (DEDUCTION FOR EXPENSES IN RELATION TO SECRETARIAL BY HIS MAJESTY THE YANG DI-PERTUAN AGONG, BY THE GRACE OF ALLAH, FEE AND TAX FILING FEE) RULES 2014 SUPREME HEAD OF THE STATES AND TERRITORIES OF MALAYSIA. Issued under paras.154(1)(b),33(1)(d), Income Tax Act 1967 Issued under s.3, National Service Training Act 2003 w.e.f.:- y/a 2015 in respect of deduction under paragraph 2(1)(a) and Notes:- All citizens of Malaysia who, on the date of this proclamation, have attained subparagraph 2(1)(b)(ii) the age of sixteen years and six months but have not attained the age of eighteen w.e.f.:- y/a 2016 in respect of deduction under subparagraph 2(1)(b)(i) years are directed to be liable to undergo national service training under the National Service Training Act 2003. INCOME TAX ACT 1967 [ACT 53] 362/2014 w.e.f.:- 13.6.2014 INCOME TAX (DEDUCTION FROM REMUNERATION) (AMENDMENT) (NO.2) RULES 2014 NATIONAL SERVICE TRAINING ACT 2003 [ACT 628] 299/2014 Issued under s.154(1)(a), Income Tax Act 1967 NATIONAL SERVICE TRAINING (PERSONS REQUIRED TO UNDERGO Notes:- Amends r.2,3,10,13,Sch, and deletes r.2A, Income Tax (Deduction from NATIONAL SERVICE TRAINING) ORDER 2014 Remuneration) Rules 1994, [P.U.(A) 507/1994] Issued under s. 16, National Service Training Act 2003 w.e.f.:- 1.1.2015 Notes:- The persons who are liable to undergo national service training pursuant to the proclamation made under section 3 of the Act who are born in the year 1997 ISLAMIC FINANCIAL SERVICES ACT 2013 [ACT 759] 330/2014 and have been selected through the computerized selection system are required to ISLAMIC FINANCIAL SERVICES (FEES) REGULATIONS 2014 undergo national service training. Issued under s.23(1) and para.271(2)(c), Islamic Financial Services Act 2013 w.e.f.:- 1.12.2014 w.e.f.:- 15.12.2014 NATIONAL SKILLS DEVELOPMENT ACT 2006 [ACT 652] 337/2014 ISLAMIC FINANCIAL SERVICES ACT 2013 [ACT 759] 356/2014 NATIONAL SKILLS DEVELOPMENT (WAIVER OF FEE TO MEMBER OF SOCIETY ISLAMIC FINANCIAL SERVICES (MINIMUM AMOUNT OF CAPITAL FUNDS) OF THE BLIND IN MALAYSIA, SARAWAK BRANCH) REGULATIONS 2014 (APPROVED PERSON) (AMENDMENT) ORDER 2014 Issued under s.72(2)(d), National Skills Development Act 2006 Issued under s.12(1), Islamic Financial Services Act 2013 w.e.f.:- 19.12.2014 Notes:- Amends Sch.1, Islamic Financial Services (Minimum Amount Of Capital Funds) (Approved Person) Order 2013, [P.U. (A) 210/2013] NATIONAL SKILLS DEVELOPMENT ACT 2006 [ACT 652] 282/2014 w.e.f.:- 1.1.2015 NATIONAL SKILLS DEVELOPMENT (WAIVER OF FEE TO TRAINEE AT MONTFORT BOYS TOWN, SHAH ALAM, SELANGOR) REGULATIONS 2014 LABUAN COMPANIES ACT 1990 [ACT 441] 309/2014 Issued under s.72(2)(d), National Skills Development Act 2006 LABUAN COMPANIES (AMENDMENT) REGULATIONS 2014 w.e.f.:- 18.10.2014 Issued under s.146(1), Labuan Companies Act 1990 Notes:- Amends Sch.3, Labuan Companies Regulations 2010, [P.U. (A) 414/2010] PETROLEUM (INCOME TAX) ACT 1967 [ACT 543] 304/2014 w.e.f.:- 18.11.2014 PETROLEUM (INCOME TAX) (ACCELERATED CAPITAL ALLOWANCE) (PETRONAS MARGINAL FIELD) RULES 2014 LABUAN FINANCIAL SERVICES AND SECURITIES ACT 2010 [ACT 704] 310/2014 Issued under s. 83(1)(a), Petroleum (Income Tax) Act 1967 LABUAN FINANCIAL SERVICES AND SECURITIES (AMENDMENT) w.e.f.:- 30.11.2010 REGULATIONS 2014 Issued under s.196, Labuan Financial Services And Securities Act 2010 PETROLEUM (INCOME TAX) ACT 1967 [ACT 543] 305/2014 Notes:- Amends Sch.3, Labuan Financial Services and Securities Regulations 2010, PETROLEUM (INCOME TAX) (EXEMPTION) ORDER 2014 [P.U. (A) 416/2010] Issued under s.65C(1), Petroleum (Income Tax) Act 1967 w.e.f.:- 18.11.2014 Notes:- Exempts PETRONAS in the basis period for a year of assessment from the payment of petroleum income tax in respect of statutory income derived from LABUAN FINANCIAL SERVICES AUTHORITY ACT 1996 [ACT 545] 326/2014 petroleum operations in a PETRONAS marginal fi eld LABUAN FINANCIAL SERVICES AUTHORITY (PROCESSING AND APPROVAL - Subject to paragraph 5, the statutory income referred to in subparagraph (1) shall be FEES) (LABUAN FINANCIAL INSTITUTIONS) (AMENDMENT) ORDER 2014 determined in accordance with the following formula: A x C Issued under s.32A, Labuan Financial Services Authority Act 1996 B Notes:- Amends Schs.3,4,5 and 6, Labuan Financial Services Authority (Processing Where A is the chargeable tax of PETRONAS in respect of its petroleum operations And Approval Fees) (Labuan Financial Institutions) Order 2012, [P.U.(A) 495/2012] in a PETRONAS marginal fi eld which is equal to thirty-eight per cent of its chargeable w.e.f.:- 11.12.2014 income reduced by the chargeable tax which is equal to twenty fi ve per cent of its chargeable income; LABUAN ISLAMIC FINANCIAL SERVICES AND SECURITIES ACT 2010 [ACT 705] 308/2014 B is the chargeable tax of PETRONAS in respect of a PETRONAS marginal fi eld which LABUAN ISLAMIC FINANCIAL SERVICES AND SECURITIES (AMENDMENT) is equal to thirty-eight per cent of its chargeable income; and C is the amount of such REGULATIONS 2014 chargeable income. Issued under s.156, Labuan Islamic Financial Services And Securities Act 2010 This Order shall not apply to PETRONAS in a basis period for a year of assessment Notes:- Amends Sch.3, Labuan Islamic Financial Services and Securities Regulations where PETRONAS carries on petroleum operations in an area under any agreement 2010, [P.U. (A) 417/2010] or arrangement made by the Government with the government of any territory w.e.f.:- 18.11.2014 outside Malaysia for the joint exploration and exploitation of petroleum overlapping areas. w.e.f.:- 30.11.2010 LAND PUBLIC TRANSPORT ACT 2010 [ACT 715] 354/2014 LAND PUBLIC TRANSPORT [COMMERCIAL VEHICLES LICENSING BOARD (RATES OF FARE) (AMENDMENT) RULES 2014] REGULATIONS 2014 PETROLEUM (INCOME TAX) ACT 1967 [ACT 543] 317/2014 Issued under s.252(1)(t), Land Public Transport Act 2010 PETROLEUM (INCOME TAX) (PETRONAS MARGINAL FIELD) REGULATIONS Notes:- Amends Sch.1, Commercial Vehicles Licensing Board (Rates Of Fare) Rules 2014 2000, [P.U. (A) 242/2000] Issued under s.22A(1), Petroleum (Income Tax) Act 1967 w.e.f.:- 1.1.2015 w.e.f.:- 30.11.2010

LOANS GUARANTEE (BODIES CORPORATE) ACT 1965 [ACT 96] 297/2014 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 280/2014 LOANS GUARANTEE (BODIES CORPORATE) (REMISSION OF TAX AND STAMP PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM DUTY) (NO.4) ORDER 2014 PRICE) (NO.5) ORDER 2014 Issued under s. 10(1), Loans Guarantee (Bodies Corporate) Act 1965 Issued under s.4, Price Control And Anti-Proﬁ teering Act 2011 w.e.f.:- 17.12.2013 w.e.f.:- 18.10.2014 – 27.10.2014

MALAYSIA CO-OPERATIVE SOCIETIES COMMISSION ACT 2007 [ACT 665] 296/2014 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 342/2014 MALAYSIA CO-OPERATIVE SOCIETIES COMMISSION (CO-OPERATIVE PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM DEPOSIT ACCOUNT) REGULATIONS 2014 PRICE) (NO.6) ORDER 2014 Issued under s. 43(2), Malaysia Co-Operative Societies Commission Act 2007 Issued under s.4, Price Control And Anti-Proﬁ teering Act 2011 w.e.f.:- 11.11.2014 w.e.f.:- 23.12.2014 – 27.12.2014

MALAYSIAN BIOFUEL INDUSTRY ACT 2007 [ACT 666] 320/2014 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 347/2014 MALAYSIAN BIOFUEL INDUSTRY (BLENDING PERCENTAGE AND MANDATORY PRICE CONTROL AND ANTI-PROFITEERING (MECHANISM TO DETERMINE USE) REGULATIONS 2014 UNREASONABLY HIGH PROFIT) NET PROFIT MARGIN) REGULATIONS 2014 Issued under ss.4(a) and (b), Malaysian Biofuel Industry Act 2007 Issued under s.15, Price Control And Anti-Profi teering Act 2011 Notes:- Revokes the Malaysian Biofuel Industry (Blending Percentage and Mandatory w.e.f.:- 27.12.2014 Use) Regulations 2011, [P.U. (A) 203/2011] w.e.f.:- 30.11.2014 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 281/2014 PRICE CONTROL AND ANTI-PROFITEERING (PRICE MARKING OF PRICE- MEDICAL ACT 1971 [ACT 50] 293/2014 CONTROLLED GOODS) (NO.5) ORDER 2014 MEDICAL (AMENDMENT OF SECOND SCHEDULE) (NO.2) ORDER 2014 Issued under s.10, Price Control And Anti-Profi teering Act 2011 Issued under s. 12(2), Medical Act 1971 w.e.f.:- 18.10.2014 – 27.10.2014 Notes:- Amends Sch.2, Medical Act 1971 w.e.f.:- 8.11.2014 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 343/2014 PRICE CONTROL AND ANTI-PROFITEERING (PRICE MARKING OF PRICE- NATIONAL HERITAGE ACT 2005 [ACT 645] 346/2014 CONTROLLED GOODS) (NO.6) ORDER 2014 NATIONAL HERITAGE (DECLARATION OF LIVING PERSON AS NATIONAL Issued under s.10, Price Control And Anti-Profi teering Act 2011 HERITAGE) (NO.2) ORDER 2014 w.e.f.:- 23.12.2014 – 27.12.2014 Issued under s.67(1), National Heritage Act 2005 Notes:- Nyonya Tan binti Abdullah and Eyo Hock Seng has been declared as National Heritage in the fi eld of Dondang Sayang and Shadow Play respectively. w.e.f.:- 24.12.2014

JAN-JUN 2015 | PRAXIS 95 BAR UPDATES/NOTICES

PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 261/2014 STAMP ACT 1949 [ACT 378] 360/2014 PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE STAMP DUTY (REMISSION) ORDER 2014 PUBLICATIONS) (NO.9) ORDER 2014 Issued under s.80(2), Stamp Act 1949 Issued under s.7(1), Printing Presses and Publications Act 1984 Notes:- Remits a sum of fi fty per cent from the stamp duty chargeable on any loan Notes:- The printing, importation, production, reproduction, publishing, sale, issue, agreement to fi nance the purchase of only one unit of residential property the value circulation, distribution or possession of the ‘Primbon Mujarobat Ketabiban Dalam of which is not more than fi ve hundred thousand ringgit (RM500,000.00) executed Islam’ by Ust. T.M Sanihiyyah Mz./Ust. Labib Mz, ‘Ilmu Pengasihan Sejati’ by S. between an individual who is a Malaysia citizen named in a sale and purchase Rahayu Wibowo, ‘Ilmu Kharang Tinggi’ by L.T.Prabowo and ‘Aji Mantra Cinta dan agreement and – Peraih Cinta’ by Fuad Kauma are absolutely prohibited throughout Malaysia. a) a licensed bank under the Financial Services Act 2013 [Act 758]; w.e.f.:- 23.9.2014 b) a licensed Islamic bank under the Islamic Financial Services Act 2013 [Act 759]; c) a development fi nancial institution prescribed under the Development Financial PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 283/2014 Institutions Act 2002 [Act 618]; PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE d) a licensed insurer under the Financial Services Act 2013; PUBLICATIONS) (NO.10) ORDER 2014 e) a licensed takaful operator under the Islamic Financial Services Act 2013; Issued under s.7(1), Printing Presses and Publications Act 1984 f) a co-operative society registered under the Co-operative Societies Act 1993 [Act Notes:- The printing, importation, production, reproduction, publishing, sale, issue, 502] circulation, distribution or possession of the ‘Kisah Paling Menarik yang Pernah g) any employer who provides an employee housing loan scheme; Diceritakan’ is absolutely prohibited throughout Malaysia. h) the Malaysian Building Society Berhad incorporated under the Companies Act w.e.f.:- 25.10.2014 1965 [Act 125]; or i) the Borneo Housing Mortgage Finance Berhad incorporated under the Companies RENEWAL ENERGY ACT 2011 [ACT 725] 335/2014 Act 1965. RENEWABLE ENERGY (AMENDMENT OF SCHEDULE) (NO.2) ORDER 2014 Issued under s.63, Renewal Energy Act 2011 The remission of stamp duty under subparagraph (1) shall only apply if- Notes:- Amends Sch., Renewal Energy Act 2011 a) the sale and purchase agreement for the purchase of the residential property is w.e.f.:- 1.1.2015 executed on or after 1 January 2015 but not later than 31 December 2016; and b) the individual has never owned any residential property including a residential property which is obtained by way of inheritance or gift, which is held either ROAD TRANSPORT ACT 1987 [ACT 333] 318/2014 individually or jointly. ROAD TRANSPORT (PROHIBITION OF USE OF ROAD) (CITY OF KUALA w.e.f.:- 1.1.2015 LUMPUR) (NO.3) ORDER 2014 Issued under ss.70(1) and (2), Road Transport Act 1987 w.e.f.:- 1.12.2014 STAMP ACT 1949 [ACT 378] 361/2014 STAMP DUTY (REMISSION) (NO.2) ORDER 2014 Issued under s.80(2), Stamp Act 1949 ROAD TRANSPORT ACT 1987 [ACT 333] 319/2014 Notes:- Remits a sum of fi fty per cent from the stamp duty chargeable on any ROAD TRANSPORT (PROHIBITION OF USE OF ROAD) (CITY OF KUALA instrument of transfer for the purchase of only one unit of residential property the LUMPUR) (NO.4) ORDER 2014 value of which is not more than fi ve hundred thousand ringgit (RM500,000.00) by an Issued under ss.70(1) and (2), Road Transport Act 1987 individual who is a Malaysia citizen provided that – w.e.f.:- 1.12.2014 a) the sale and purchase agreement for the purchase of the residential property is executed on or after 1 January 2015 but not later than 31 December 2016; and ROAD TRANSPORT ACT 1987 [ACT 333] 350/2014 b) the individual has never owned any residential property including a residential ROAD TRANSPORT (PROHIBITION OF USE OF ROAD) (FEDERAL ROADS) property which is obtained by way of inheritance or gift, which is held individually (NO.3) ORDER 2014 or jointly. Issued under s.70, Road Transport Act 1987 w.e.f.:- 1.1.2015 w.e.f.:- 1.1.2015 STRATEGIC TRADE ACT 2010 [ACT 708] 289/2014 ROAD TRANSPORT ACT 1987 [ACT 333] 345/2014 STRATEGIC TRADE (DELISTING OF PROHIBITED END-USERS) REGULATIONS SPEED LIMIT (KL-KUALA SELANGOR EXPRESSWAY) ORDER 2014 2014 Issued under s.69(2), Road Transport Act 1987 Issued under s.8 and s.55(1), Strategic Trade Act 2010 w.e.f.:- 1.1.2015 w.e.f.:- 5.11.2014

SAFEGUARDS ACT 2006 [ACT 657] 327/2014 STRATEGIC TRADE ACT 2010 [ACT 708] 313/2014 CUSTOMS (PROVISIONAL SAFEGUARDS DUTIES) ORDER 2014 STRATEGIC TRADE (RESTRICTED END-USERS AND PROHIBITED END- Issued under s.22, Safeguards Act 2006 and s.11(1), Customs Act 1967 USERS) (AMENDMENT) (NO.2) ORDER 2014 w.e.f.:- 14.12.2014 – 1.7.2015 Issued under s.8, Strategic Trade Act 2010 Notes:- Amends Sch.2, Strategic Trade (Restricted End-Users And Prohibited End- SAFEGUARDS ACT 2006 [ACT 657] 332/2014 Users) Order 2010, [P.U. (A) 484/2010] SAFEGUARDS (SAFEGUARD MEASURE) (AGREEMENT ESTABLISHING THE w.e.f.:- 21.11.2014 ASEAN-AUSTRALIA-NEW ZEALAND FREE TRADE AREA) REGULATIONS 2014 Issued under s.40A(2), Safeguards Act 2006 STRATEGIC TRADE ACT 2010 [ACT 708] 290/2014 w.e.f.:- 1.1.2015 STRATEGIC TRADE (UNFREEZING OF PROPERTY IN RELATION TO PROHIBITED END-USERS) REGULATIONS 2014 SAFEGUARDS ACT 2006 [ACT 657] 315/2014 Issued under s.55(1), Strategic Trade Act 2010 SAFEGUARDS (SAFEGUARD MEASURE) (AGREEMENT ON COMPREHENSIVE w.e.f.:- 5.11.2014 ECONOMIC PARTNERSHIP AMONG JAPAN AND MEMBER STATES OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS) REGULATIONS 2014 TRADE DESCRIPTION ACT 2011 [ACT 730] 285/2014 Issued under s.40A(2), Safeguards Act 2006 TRADE DESCRIPTIONS (MARKING OF REPLACEMENT BRAKE LINING w.e.f.:- 1.12.2014 ASSEMBLY) ORDER 2014 Issued under s.29(1)(b), Trade Description Act 2011 SAFEGUARDS ACT 2006 [ACT 657] 306/2014 Notes:- Revokes the Trade Descriptions (Marking of Replacement Part of Brake SAFEGUARDS (SAFEGUARD MEASURE) (AGREEMENT ON TRADE IN GOODS Lining) Order 2013, [P.U. (A) 330/2013] UNDER THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC w.e.f.:- 1.11.2015 CO-OPERATION AMONG THE GOVERNMENTS OF THE MEMBER COUNTRIES OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS AND THE REPUBLIC WILDLIFE CONSERVATION ACT 2010 [ACT 716] 284/2014 OF KOREA) REGULATIONS 2014 WILDLIFE CONSERVATION (OPEN SEASON, METHODS AND TIMES OF Issued under s. 40A(2), Safeguards Act 2006 HUNTING) ORDER 2014 w.e.f.:- 1.12.2014 Issued under s.35(a), (c) and (d), Wildlife Conservation Act 2010 Notes:- Revokes the Wildlife Conservation Order 1972, [P.U.(A) 409/1972] SOCIETIES ACT 1966 [ACT 335] 288/2014 w.e.f.:- 3.11.2014 ORDER UNDER SECTION 5 Issued under s.5(1), Societies Act 1966 Notes:- The Pasukan Peronda Sukarela Pulau Pinang (PPS) has been declared as an unlawful society. LATEST INDEX TO SELECTED P.U.(B) SERIES 2014 w.e.f.:- 3.11.2014 As at 31 Dec 2014 SOCIETIES ACT 1966 [ACT 335] 307/2014 TITLE P.U.(B) NO ORDER UNDER SECTION 5 Issued under s.5(1), Societies Act 1966 Notes:- Sarawak Association for Peoples’ Aspiration (SAPA) have been declared as an CONSTITUTION OF THE STATE OF SARAWAK [GN.S.163/1963] 547/2014 unlawful society with eﬀ ect from 14 November 2014. APPOINTMENT OF HIS EXCELLENCY THE ACTING YANG DI-PERTUA NEGERI w.e.f.:- 14.11.2014 OF THE STATE OF SARAWAK w.e.f.:- 11.12.2014 – 9.1.2015

COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 483/2014 NOTICE OF AFFIRMATIVE PRELIMINARY DETERMINATION OF AN ANTI- DUMPING DUTY INVESTIGATION WITH REGARD TO THE IMPORTS OF HOT ROLLED COILS ORIGINATING OR EXPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA, REPUBLIC OF INDONESIA AND REPUBLIC OF KOREA (AD 02/14) w.e.f.:- 17.10.2014

96 PRAXIS | JAN-JUN 2015 BAR UPDATES/NOTICES

COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 505/2014 MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 2002 [ACT 621] 426/2014 NOTICE OF AFFIRMATIVE PRELIMINARY DETERMINATION OF AN ANTI- SPECIAL DIRECTION OF THE MINISTER DUMPING DUTY INVESTIGATION WITH REGARD TO THE IMPORTS OF Notes:- The Minister responsible for legal aff airs in Malaysia, do direct that the POLYETHYLENE TEREPHTHALATE ORIGINATING OR EXPORTED FROM THE provisions of the Mutual Assistance in Criminal Matters Act 2002 be applied in PEOPLE’S REPUBLIC OF CHINA, REPUBLIC OF INDONESIA AND REPUBLIC OF relation to the request for mutual assistance in relation to that criminal matter as KOREA (AD 01/14) if there is in eff ect in respect of Republic of Latvia an order made under section w.e.f.:- 14.11.2014 17 of the Mutual Assistance in Criminal Matters Act 2002 without any restriction, limitation, exception, modifi cation, adaptation, condition or qualifi cation. COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 455/2014 w.e.f.:- 25.9.2014 NOTICE OF EXTENSION OF TIME PERIOD FOR MAKING PRELIMINARY DETERMINATION (AD 01/14) PINEAPPLE INDUSTRY ACT 1957 [ACT 427] 492/2014 w.e.f.:- 15.10.2014 PERIOD OF APPLICATION FOR PLANTING GRANT AND REPLANTING GRANT Notes:- The Board appoint the period of application for a planting grant and COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 554/2014 replanting grant for the year 2015. NOTICE OF EXTENSION OF TIME REPIOD FOR MAKING PRELIMINARY w.e.f.:- 1.10.2014 – 31.3.2015 DETERMINATION (AD 03/14) w.e.f.:- 30.12.2014 PRISON ACT 1995 [ACT 537] 421/2014 APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 495/2014 Notes:- The Lock-up at the Batu Kurau Police Station, Perak to be a place for the NOTICE OF NEGATIVE FINAL DETERMINATION OF AN ANTI-DUMPING DUTY confi nement of persons, remanded or sentenced to such terms of imprisonment, not INVESTIGATION WITH REGARD TO THE IMPORTS OF SEVEN WIRES PRE- exceeding one month. STRESSED CONCRETE STRAND ORIGINATING OR EXPORTED FROM THE w.e.f.:- 23.9.2014 PEOPLE’S REPUBLIC OF CHINA (AD 03/13) w.e.f.:- 6.11.2014 PRISON ACT 1995 [ACT 537] 424/2014 APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 541/2014 Notes:- The Lock-up at the Jeniang Police Post, Kedah to be a place for the NOTICE OF TERMINATION OF INVESTIGATION IN RELATION TO AN ANTI- confi nement of persons remanded or sentenced to such terms of imprisonment, not DUMPING DUTY ADMINISTRATIVE REVIEW WITH REGARD TO THE IMPORTS exceeding one month. OF STEEL WIRE RODS ORIGINATING OR EXPORTED FROM JIANGSU w.e.f.:- 23.9.2014 SHAGANG INTERNATIONAL TRADE CO., LTD AND JIANGSU YONGGANG GROUP CO., LTD, THE PEOPLE’S REPUBLIC OF CHINA (AR 01/14) PRISON ACT 1995 [ACT 537] 498/2014 w.e.f.:- 11.12.2014 APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT Notes:- The lock-up at the Kampung Baru Subang Police Station, Shah Alam, COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 494/2014 Selangor to be a place for the confi nement of persons, remanded or sentenced to REVOCATION OF NOTICE OF AFFIRMATIVE FINAL DETERMINATION OF such terms of imprisonment, not exceeding one month. AN ANTI-DUMPING DUTY INVESTIGATION WITH REGARD TO IMPORTS w.e.f.:- 12.11.2014 OF SEVEN WIRES PRE-STRESSED CONCRETE STRAND ORIGINATING OR EXPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA (AD 03/13) PRISON ACT 1995 [ACT 537] 422/2014 w.e.f.:- 1.11.2014 APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT Notes:- The Lock-up at the Kulim Hi-Tech Police Station, Kedah to be a place for COURTS OF JUDICATURE ACT 1964 [ACT 91] 510/2014 the confi nement of persons, remanded or sentenced to such terms of imprisonment, COURTS OF JUDICATURE (COURT OF APPEAL) (VACATIONS) RULES 1994 not exceeding one month. [P.U. (A) 539/1994] DECLARATION OF COMMENCEMENT AND DURATION OF w.e.f.:- 23.9.2014 VACATIONS OF THE COURT OF APPEAL Notes:- The vacations of the Court of Appeal for the calendar year 2015 shall be- PRISON ACT 1995 [ACT 537] 499/2014 (a) from Monday, 1 June 2015 to Friday, 12 June 2015; and APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT (b) from Monday, 14 December 2015 to Thursday, 31 December 2015. Notes:- The lock-up at the Pagoh Police Station, Muar, Johor to be a place for the w.e.f.:- 17.11.2014 confi nement of persons, remanded or sentenced to such terms of imprisonment, not exceeding one month. COURTS OF JUDICATURE ACT 1964 [ACT 91] 511/2014 w.e.f.:- 12.11.2014 COURTS OF JUDICATURE (FEDERAL COURT) (VACATIONS) RULES 1996 [P.U. (A) 150/1996] VACATIONS OF THE FEDERAL COURT PRISON ACT 1995 [ACT 537] 501/2014 Notes:- The vacations of the Federal Court for the calendar year 2015 shall be- APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT (a) from Monday, 1 June 2015 to Friday, 12 June 2015; and Notes:- The lock-up at the Sungai Buloh Police Station, Sungai Buloh, Selangor to (b) from Monday, 14 December 2015 to Thursday, 31 December 2015. be a place for the confi nement of persons, remanded or sentenced to such terms of w.e.f.:- 17.11.2014 imprisonment, not exceeding one month. w.e.f.:- 12.11.2014 COURTS OF JUDICATURE ACT 1964 [ACT 91] 534/2014 COURTS OF JUDICATURE (HIGH COURT IN MALAYA) (VACATIONS) RULES PRISON ACT 1995 [ACT 537] 500/2014 1985 [P.U. (A) 326/1985] DECLARATION OF VACATIONS OF THE HIGH COURT MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 [ACT 694] IN MALAYA APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT Notes:- The vacations of the High Court in Malaya for the calendar year 2015 shall Notes:- The lock-up at the Malaysian Anti-Corruption Commission, Crystal Bay, be- Alai, Melaka to be a place for the confi nement of persons, remanded or sentenced (a) from Monday, 1 June 2015 to Friday, 12 June 2015; and to such terms of imprisonment, not exceeding one month. (b) from Monday, 14 December 2015 to Thursday, 31 December 2015. w.e.f.:- 12.11.2014 w.e.f.:- 3.12.2014 PRISON ACT 1995 [ACT 537] 502/2014 FEDERAL CONSTITUTION [FGN (NS) 885/1957] 506/2014 MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 [ACT 694] FEDERAL ORDER OF PRECEDENCE APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT Notes:- The Federal Order of Precedence in the First Schedule has been approved Notes:- The lock-up at the Malaysian Anti-Corruption Commission, Kuching, by the Yang di-Pertuan Agong and is published for general information Sarawak to be a place for the confi nement of persons, remanded or sentenced to - This Federal Order of Precedence is subject to the notes in the Second Schedule such terms of imprisonment, not exceeding one month. - Revokes the Federal Order of Precedence, [P.U.(B) 29/1998] as published on 22 w.e.f.:- 12.11.2014 January 1998 w.e.f.:- 14.11.2014 PRISON ACT 1995 [ACT 537] 427/2014 APPOINTMENT OF LOCK-UPS TO BE A PLACE OF CONFINEMENT FINANCIAL SERVICES ACT 2013 [ACT 758] 552/2014 Notes:- The Lock-ups at the places specifi ed in the schedule to be the place for the APPOINTMENT OF DATE OF COMING INTO OPERATION confi nement of person remanded under the Prevention of Crime Act 1959 [Act 297] Notes:- 1 January 2015 appointed as the date on which section 129 and Schedule 9 w.e.f.:- 25.9.2014 of the Act come into operation w.e.f.:- 1.1.2015 ROAD TRANSPORT (AMENDMENT) (NO.2) ACT 2006 [ACT A1265] 548/2014 APPOINTMENT OF DATE OF COMING INTO OPERATION GEOLOGISTS ACT 2008 [ACT 689] 521/2014 Notes:- 1 January 2015 appointed as the date of coming into operation of the Road APPOINTMENT OF DATE OF COMING INTO OPERATION Transport (Amendment) (No.2) Act 2006 Notes:- 28 November 2014 appointed as the date of coming into operation of the w.e.f.:- 1.1.2015 Geologists Act 2008. w.e.f.:- 28.11.2014 STRATA TITLES ACT 1985 [ACT 318] 555/2014 APPOINTMENT OF DATE OF COMING INTO OPERATION OF ISLAMIC FINANCIAL SERVICES ACT 2013 [ACT 759] 553/2014 COMPUTERIZATION SYSTEM OF STRATA TITLES APPOINTMENT OF DATE OF COMING INTO OPERATION Notes:- 2 January 2015 appointed as the date of coming into operation of the Notes:- 1 January 2015 appointed as the date on which paragraphs 1 to 10 and Computerization System of Strata Titles in the Offi ce of the Land Administrator in the paragraphs 13 to 19 of Schedule 9 of the Act come into operation State of Selangor w.e.f.:- 1.1.2015 w.e.f.: 2.1.2015

MERCHANT SHIPPING ORDINANCE 1952 [ORDINANCE 70/1952] 448/2014 DECLARATION UNDER SECTION 5 OF THE MERCHANT SHIPPING ORDINANCE 1952 Notes:- For the purpose of deﬁ ning the port limit, the Legal Notiﬁ cation No.73 of 1953 [L.N. 73/1953] is amended in the First Schedule by inserting after item 88 the item 89. w.e.f.:- 11.10.2014

JAN-JUN 2015 | PRAXIS 97 BAR UPDATES/NOTICES

NEW BOOKS

51%! Is it a level playing fi eld?: baseline study on the working conditions of male and female lawyers in Kuala Lumpur and Selangor: a summary report. Kuala Lumpur: Association of Woman Lawyers, 2014. A basic understanding of the Constitutional Court of the Kingdom of Thailand. Bangkok: Offi ce of the Constitution Court, 2011. Abdul Majid Nabi Baksh and Krishnan Arjunan. Business law in Malaysia. 2nd ed. Petaling Jaya: LexisNexis, 2014. Arjunan Subramaniam. Understanding GST. Petaling Jaya: LexisNexis, 2014. Arun Kasi. Arbitration: stay of court proceedings and anti-suit injunctions. Ampang: CLJ Publication, 2014. Balai Ikhtisas Malaysia. The book of professionals. Petaling Jaya: Balai Ikhtisas Malaysia, 2014. Cheah, Foo Seong. A practical guide for company directors in Malaysia. Subang Jaya: Sweet & Maxwell, 2014. Chen, Thim Wai. The law on shareholders' meetings – AGM and EGM. Petaling Jaya: LexisNexis, 2014. Choong, Kwai Fatt. GST handbook for legal practice. Subang Jaya: Sweet & Maxwell, 2014. Chow, Kok Fong. Construction contracts dictionary. 2nd ed. Subang Jaya: Sweet & Maxwell, 2014. Coroner's practice in medical cases. Singapore: Subordinate Courts, Singapore: Academy Pub., 2008. Dear editor...: a collection of Sisters in Islam's statements and letters to the editor. Petaling Jaya: SIS Forum (Malaysia), 2014. Enduring truths from statements and words of Al-marhum Tunku Abdul Rahman Putra Al-Haj, Bapa Malaysia and our beloved founder of our nation. Penang: Persatuan Melayu Pulau Pinang (PEMENANG), 2014. Foong, Cheng Leong. Compendium of Malaysian intellectual property cases – Trade marks: Volume 1. Petaling Jaya: LexisNexis, 2013. Griffi th-Jones, Robin. Ed. Islam and English law: rights, responsibilities and the place of shari’a. New York: Cambridge University Press, 2013. Hamid Sultan Bin Abu Backer. Janab’s key to the law of evidence. Kuala Lumpur: Janab (M) Sdn Bhd, 2014. Hill, Mark. Religion and law in The United Kingdom. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2014. Hisyam Abdullah @ Teh Poh Teik. Drugs traffi cking and the law. Johor Bahru: Hisyam Abdullah @ Teh Poh Teik, 2014. Ho, Mooi Ching. Sentencing practice in Malaysia. 2nd ed. Subang Jaya: Sweet & Maxwell, 2014. In memoriam: Kuala Lumpur Bar 2012/13. Kuala Lumpur: Kuala Lumpur Bar, 2013. Naban, D.P. CCH GST case summaries. Kuala Lumpur: CCH, 2014. Noriswadi Ismail & Lee, Edwin Yong Cieh. Eds. Beyond data protection: strategic case studies and practical guidance. New York: Springer, 2013. Sabah Land Ordinance (Cap 68): [With relevant subsidiary legislation]. Petaling Jaya: LexisNexis, 2014. Sarawak Land Code: Chapter 81 (1958 edition). Petaling Jaya: LexisNexis, 2014. Sarvaria, S.K. Commentary on the prevention of money-laundering act. New Delhi: Universal Law Publishing Co., 2014. Shaari Isa. Pembalasan dendam dan penyalahgunaan kuasa: perjuangan menuntut keadilan di Negeri Di Bawah Bayu: dendam politik dan serangan peribadi ke atas Syed Kechik Di Sabah (1975-2013). Petaling Jaya: MPH Group Pub., 2013. Srimurugan Alagan. Jurisdiction of courts in Malaysia. 2nd ed. Subang Jaya: Sweet & Maxwell, 2014. Ratanlal, Ranchhoddas. Ratanlal & Dhirajlal’s the law of crimes. 27th ed. New Delhi: Bharat Law House, 2013. Report of the people's tribunal on Malaysia's 13th General Elections. Petaling Jaya: EMPOWER, 2014. Thavarajah, Thavalingam C. & Low, Raymond T C. Employment and industrial relations law Malaysia. Kuala Lumpur: CCH, 2014. The Court of Appeal Malaysia 20th Anniversary: 1994-2014. Putrajaya: Federal Court of Malaysia, 2014. The Malaysian judiciary yearbook 2013. Putrajaya: Federal Court of Malaysia, 2014. Traimas, Chaowana. The Constitutional court rulings 2010. Bangkok: Offi ce of the Constitution Court, 2012. Traimas, Chaowana & Udchachon, Punya. Constitution of the Kingdom of Thailand. Bangkok: Offi ce of the Constitution Court, 2007. Venugopal, A Vijayalakshmi. Casebook on contempt of court in Malaysia. Subang Jaya: Sweet & Maxwell, 2014. Venugopal, A Vijayalakshmi. Contempt of court in Malaysia. Subang Jaya: Sweet & Maxwell, 2014.

98 PRAXIS | JAN-JUN 2015 BAR UPDATES/NOTICES Disciplinary Orders (July 2014 to March 2015)

FINED

NAME ORDER DATED FINED (RM) Tan Chee Keong (T/185) 11 Dec 2014 2,000 Nur Azhan binti Ahmad Pauzi 19 July 2014 2,500 Lee Yin Shaiur (L/955) 12 Dec 2014 5,000 (N/1960) Teh Hock Leng (T/438) 12 Dec 2014 5,000 Fatihah binti Zubir (F/566) 21 Aug 2014 2,500 Wirawati Binti Kamarulzaman 12 Dec 2014 3,000. Further ordered Wu Tern Yue (W/122) 21 Aug 2014 2,500 (W/486) to pay the sum of Atiza Nur Binti Abd Rahman 21 Aug 2014 2,500 RM25,075.89 in restitution (A/1792) to the complainant within Basri Bin Yusoff (B/108) 12 Sept 2014 20,000 one month from date of Haslinda Bt Mokhtar (H/348) 12 Sept 2014 3,000 Order and in default to pay Halimatusa'diah Binti Mukhatar 12 Sept 2014 15,000. Further ordered a further sum of RM1,500 (H/394) to refund RM27,500 to being the increased the complainant within penalty pursuant to section three months from date 103D(5) of Order and in default Dato’ Kamalanathan Ratnam 13 Dec 2014 5,000 thereof to pay a further (K/3) sum of RM7,500 being the Jaya Purushothaman @ J. J. 15 Jan 2015 5,000 increased penalty pursuant Naidu A/L R. J. Naidu (J/70) to section 103D(5) Maria Stanislaus A/L S. 15 Jan 2015 5,000 Hanipi Bin Zakaria (H/561) 12 Sept 2014 3,000 Vethanayagam (M/868) Mohd Azfar Anton B Abdullah @ 12 Sept 2014 5,000 Tia Poh Loong (T/952) 15 Jan 2015 3,000 Anton D' Silva (A/107) Alexander S/O Vareed Charles 16 Jan 2015 10,000 Jamilah Bt Haji Mohd Radzi 13 Sept 2014 15,000 (A/144) (J/213) Loh Chin Hau (L/1299) 16 Jan 2015 10,000. Further ordered Jayaraj a/l Thurairaj (J/215) 12 Sept 2014 10,000 to make restitution to Loh Chin Hau (L/1299) 12 Sept 2014 5,000 the complainant the sum Mohd Nashir B Hussin (M/63) 12 Sept 2014 5,000 of RM30,159 within one Dato’ Theng Book (T/518) 12 Sept 2014 5,000 month from date of order. Tengku Asnipuspa Laily Binti 12 Sept 2014 5,000 Noraini Binti Mohamed Jalil (N 16 Jan 2015 2,500. Further ordered Tengku Abdullah (T/834) /750) to make restitution to Zalina Bt Hashim (Z/122) 12 Sept 2014 3,000 the complainant the sum Zainal Bin Said (Z/279) 12 Sept 2014 10,000 of RM950 within one Fadzila Binti Said (F/198) 13 Sept 2014 10,000 month from date of order Norhasliza Binti Ghapa (N/2429) 13 Sept 2014 500 and in default thereof the Ong Sun Juan (O/76) 13 Sept 2014 5,000 respondent shall pay a Siti Nor Ashikin Binti Zaki (S/1827) 13 Sept 2014 2,000 further sum of RM2500 Fadzirulhisham Bin Mohamad 17 Oct 2014 5,000 being the increased (F/158) penalty pursuant to section Habibah Bt Ismail (H/336) 17 Oct 2014 5,000 103D(5). Syed Ahmad Shahabuddin Bin 17 Oct 2014 5,000 Rosnita Binti Yahaya (R/575) 16 Jan 2015 2,500. Further ordered Syed Nong Mohamad (S/1103) to make restitution to Shamshawal Azraai Bin Ahmad 17 Oct 2014 5,000 the complainant the sum (S/1151) of RM950 within one Arizal Bin Mohd Arshad (A/681) 18 Oct 2014 5,000 month from date of order Jahaberdeen Mohamed Yunoos 18 Oct 2014 8,000 and in default thereof the (J/141) respondent shall pay a Roslie Bin Sulle (R/775) 18 Oct 2014 3,000 further sum of RM2500 Shaik Saleem @ Sh Adam B Sh 18 Oct 2014 5,000 being the increased Mohd Daud (S/1812) penalty pursuant to section Vincent Lawrence (V/37) 18 Oct 2014 2,000 103D(5). Louis Wong Kok Heng (W/29) 18 Oct 2014 4,000 Seah Leng Lee (S/497) 17 Jan 2015 8,000 Sukanthan a/l M Pasupathy 21 Nov 2014 50,000 Abdul Nasir Bin Abdul Aziz 13 Feb 2015 20,000. Further ordered (S/830) (A/941) to make restitution to the Zahiah Bt Nasir (Z/64) 21 Nov 2014 1,000 Insolvency Department for Marian Anthony a/l A Arokiasamy 11 Dec 2014 3,000 the complainant the sum (A/981) of RM50,000.00 within one Balaguru a/l Thiagarajah (B/91) 11 Dec 2014 15,000 month from date of order.

JAN-JUN 2015 | PRAXIS 99 BAR UPDATES/NOTICES

Albert a/l Antoni Tass (A/936) 13 Feb 2015 5,000 SUSPENDED

Ding Ngik Eng (D/210) 13 Feb 2015 3,000 NAME ORDER DATED Sam Chee Hoi (S/1556) 13 Feb 2015 1,000 Loh Chin Hau (L/1299) 13 Dec 2014. Suspended for 12 Siew Wai Kit (S/1699) 13 Feb 2015 1,000 months with effect from 21 days from Yusran Bin Zain (Y/458) 13 Feb 2015 5,000 date of Order and to expire on Gowri A/P Govinda Raju (G/351) 12 Mar 2015 5,000 STRUCK OFF Jamaludin Bin Ibrahim (J/162) 12 Mar 2015 5,000 Kamar B Othman (K/219) 12 Mar 2015 5000. Further ordered NAME ORDER DATED to make restitution to Kamarulzaman Bin Mohamad Buhari 12 Sept 2014 the complainant the sum (K/332) of RM10,000 within one Fadzila Binti Said (F/198) 18 Oct 2014. Further ordered to refund month from date of order to the complainant a sum of RM65,000 and in default thereof the within three months from date of Order. respondent shall pay a Asmahan Binti Haji Sulaiman (A/306) 12 Dec 2014. Further ordered to pay further sum of RM2500 the sum of RM110,170 in restitution to being the increased the complainant within one month from penalty pursuant to section date of Order. 103D(5). Hidayat Bin Mohd Nor (H/458) 15 Jan 2015. Further ordered to make Moi Soey Hun (M/354) 12 Mar 2015 3,000 restitution to the complaint the sum of Ng Cheng Keat (N/385) 12 Mar 2015 5,000 RM36,200 within one month from date Sanisah Bt Abdul Sani (S/870) 12 Mar 2015 20,000 of order. Sanisah Bt Abdul Sani (S/870) 12 Mar 2015 15,000 Loh Chin Hau (L/1299) 17 Jan 2015. Further ordered to make Sarina Bt Jusoh (S/915) 12 Mar 2015 15,000 restitution to the complaint the sum of Shahnaz Zuriati Bt Sabri (S/486) 12 Mar 2015 15,000 RM168,838.84 within one month from Tia Poh Loong (T/952) 12 Mar 2015 10,000 date of order. Tong Kuan Ling (T/1236) 12 Mar 2015 10,000 Mohd Nawi B Ab Hamid (M/277) 13 Feb 2015 Fadzilah Bte Hassan (F/49) 13 Mar 2015 5,000 Wan Jasmira Binti Wan Ibrahim (W/643) 13 Feb 2015 Vrnda Sre A/P Naginder Rao 13 Mar 2015 2,000 Robin Low Kok Ming (L/1408) 12 Mar 2015. Further ordered to make (V/276) restitution to the complainant the sum of RM250,528 within one month from REPRIMANDED date of order. NAME ORDER DATED Teoh Tai Eak (T/676) 12 Mar 2015 Jayamurugan a/l Vadivelu (J/258) 12 Sept 2014 Outcome of Appeals against Disciplinary Orders Teh Beng Chneah (T/169) 12 Sept 2014 Vijayandran a/l K Thanigasalam (V/60) 12 Sept 2014 1) Poh Chee Seng (P/57) Allen Choong Ching Yet (C/824) 13 Sept 2014 Fined RM5,000 by Order dated 9 Dec 2011. High Court dismissed appeal on 13 Wong Sau Bing (W/358) 13 Sept 2014. Further ordered to Mar 2013. Court of Appeal dismissed appeal on 13 Aug 2014. refund RM17,588 to the complainant 2) Molly Margrete a/p Andrew Gomez (M/1149) within three months from date of Order Fined RM3,000 by Order dated 12 Apr 2012. High Court dismissed appeal on 4 Nazirah Binti Mannan (N/1368) 21 Nov 2014 Apr 2013. Court of Appeal dismissed appeal on 3 July 2014. Lee Kim Noor (L/395) 22 Nov 2014 3) Ramasamy Amaippan (R/388) Suayri a/l Ayyapan (S/2358) 22 Nov 2014 Fined RM30,000 by Order dated 7 Sept 2012. High Court dismissed appeal on 28 Rajadevan a/l Vamadevan (R/128) 12 Dec 2014 Oct 2013. Court of Appeal dismissed appeal on 19 June 2014. Liew Lee Mei (L/574) 13 Dec 2014 Tan Derek @ Tan Boon Chong (T/333) 13 Dec 2014 4) R Sivabalan a/l A Ramiah (S/541) Wong Chim Yiam (W/384) 13 Dec 2014 Fined RM10,000 by Order dated 6 Dec 2012. High Court allowed appeal on 21 Mar 2014 and set aside DB Order. David Leow Chee Siong (L/1360) 15 Jan 2015 Umi Kalsom Binti Mohamed Sidek 16 Jan 2015 5) R. Sivabalan a/l A Ramiah (S/541) (U/69) Fined RM5,000 by Order dated 7 Dec 2012. High Court allowed appeal on 9 June K. Manoharan (M/110) 14 Feb 2015 2014. Ritahaizora Binti Ibrahim (R/599) 14 Feb 2015 6) Jagmohan Singh a/l Bhupinder Singh (J/293) Gavin Low Peng Kuan (G/353) 12 Mar 2015 Suspended for 18 months by Order dated 8 Mar 2013 and is to expire on 29 Sept Kuan Chee Yoon (K/806) 12 Mar 2015 2014. Stay allowed by the High Court on 16 Apr 2013. Appeal withdrawn on 13 R. Vigneswaran A/L Raju (R/526) 12 Mar 2015 Jan 2014. Chan Chin Chye (C/618) 13 Mar 2015 7) Lee Chee Keong (L/20) Manoharan Malayalam (M/384) 13 Mar 2015 Fined RM20,000 by Order dated 20 July 2013. High Court dismissed appeal on Dato' Nagarajan A/L Periasamy (N/ 13 Mar 2015 3 July 2014. 563) Sanjev Kumar S/O Maniam (S/1463) 13 Mar 2015 8) Tan Hui Chuan (T/150) Fined RM10,000 by Order dated 15 May 2014. High Court dismissed appeal on Srimurugan A/L Alagan @ Alake 13 Mar 2015 14 Nov 2014. (S/1592) Vijayasundra Thevar A/L Kuppumuthu 13 Mar 2015 (V/251)

100 PRAXIS | JAN-JUN 2015