Raising the Bar

Apr–June 2011 www.malaysianbar.org.my Chronicle of the Malaysian Bar Raising the Bar PLUS Personal Data Protection Act 2010 Islamic Wills and Faraid in Malaysia UN Working Group on Arbitrary Detention Questions Independence of Malaysian Judiciary In collaboration with For Malaysian Bar circulation only 0188 Asian Auto_X1 24MAR’11 6.00pm CYAN MAGENTA YELLOW BLACK B1A60840MAR11 BL/ENG_G5-46 January–March 2011 Contents PRAXIS Contents CHRONICLE OF THE MALAYSIAN BAR President’s Message Readers’ Comments Editorial Features/Articles BAR COUNCIL MALAYSIA 6 High Time to Have the Common Bar Course BAR COUNCIL 15 Leboh Pasar Besar 9 Pupillage – In Preparation for a Rewarding Professional Career 50050 Kuala Lumpur 14 When Legal Practice Meets Technology Tel No: 603-2031 3003 Fax No: 603-2026 1313 / 603-2034 2825 / 603-2072 5818 18 Personal Data Protection Act 2010 Email Add: [email protected] Website: http://www.malaysianbar.org.my 24 Outsourcing Agents and their Practices 30 Islamic Wills and Faraid in Malaysia MEMBERS OF BAR COUNCIL MALAYSIA 2011/2012 32 UN WGAD Questions Independence of Malaysian Judiciary President: Lim Chee Wee Vice-President: Christopher Leong 36 Why Written Grounds of Judgment Mandatory Secretary: Tony Woon Yeow Thong Treasurer: Steven Thiru Events Aaron Abraham | Ahmad Taufiq b Baharum | Amirruddin b Abu Bakar | Anand Ponnudurai Andrew Khoo Chin Hock | Aziz b Haniff | Brendan Navin Siva | Desmond Ho Chee Cheong 40 Opening of Legal Year 2011 Dipendra Harshad Rai | George Varughese | Gnasegaran s/o Egamparam | S Gunasegaran Hendon Mohamed | Hon Kai Ping | K Mohan K Kumaran | Kanarasan Ghandinesen 42 2nd AMA Conference Kuthubul Zaman Bukhari | Low Beng Choo | Mad Diah b Endut | Mukhtar b Abdullah Murelidaran Navaratnam | Ng Kong Peng | Ragunath Kesavan | Rajpal Singh s/o Mukhtiar Singh 44 Launch of YBGK Rao Suryana bt Abdul Rahman | Richard Wee Thiam Seng | Sarengapani s/o K Rajoo Shamsuriah bt Sulaiman | Sulaiman b Abdullah | Syamsuriatina Ishak | Yasmeen bt Hj Mohd Shariff 46 Launch of Praxis Collaboration Agreement Zainuritha-Alfa bt Datuk Abu Hassan 48 65th AGM of Malaysian Bar 50 Annual Dinner and Dance of Malaysian Bar EDITORIAL BOARD 52 Final Launch of MyConstitution Campaign Bar Council LexisNexis 54 Upcoming Events Syamsuriatina Ishak – Editor Ivan Yap Min Kee – Contract Publishing Manager Azman Thaiyub Khan – Assistant Editor Razlina Razali – Associate Editor Chua Ai Lin – Senior Officer/Assistant Editor Agnes Tan – Design and Production Anis Taufik – Assistant Officer Lifestyle Moh Kok Wai – Resident Photographer Rachel Tan Mei Chien – Marketing & Advertising 55 Advertorial – Legal Research Made Easy Noor Arianti Osman, Fahri Azzat, Aston Paiva, David Mathew & Janet Chai – Editing Team 56 Riding with Passion – Farrandy Iskandar 58 Advertorial – Brother Sports LE X SI NE X SI MA L A Y S AI SD N BH D State Bar News T1-6, Jaya 33, 3, Jalan Semangat Seksyen 13, 46100 Petaling Jaya 68 State Bar Committees 2011/2012 Selangor Darul Ehsan Malaysia Tel: (603) 7882 3500, Fax: (603) 7882 3506 Book Review 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. 69 Swimming Lessons for Baby Sharks 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 warrant the accuracy of the contents thereof or any statement made by the contributors, writers By the Way ... or advertisers herein, and does not accept responsibility or liability in relation thereto. Statements of contributors, writers or advertisers herein represent their personal 70 Crossword Puzzle views and do not necessarily reflect the views of Bar Council or the Malaysian Bar. 71 Sudoku & poem 1-Kind-1 Malaysian 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, Bar Updates/Notices of Praxis, 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. 73 Summary of Circulars © 2011 All rights reserved. 74 Library Updates — New Books, Legislative Updates Enquiries on advertising: Ivan Yap - [email protected] 84 Disciplinary Orders Rachel Tan - [email protected] 86 Notice Regarding Documents in Bar Council’s Custody Article contribution: Bar Council Malaysia welcomes letters, articles, views and news (including photographs) for possible Appointments 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]. Apr–June 2011 Photo Credit: All photos are credited to Circulation: 14,000 Chronicle of the Malaysian Bar Resident Photographer, Moh Kok Wai, unless otherwise specified Raising the Bar PLUS Personal Data Protection Act 2010 Islamic Wills and Malaysia Faraid Cover Model: in UN Working Group on Arbitrary Detention Questions Independence of Malaysian Ju diciary Maliqa Suria Al Malik Faisal PRAXIS APr–June 2011 1 President’s Message Meeting the Challenges Ahead Together The Whole is Greater than the Sum of its Parts Dear Members, After a few weeks of intensive dialogue, the Chief noble and learned vocation that provides services t is an honour and a privilege for me to Judge of Malaya issued a second Practice Direction of unparallel quality. As stakeholders, each continue to serve you, as I commence my last week, aimed at “addressing and remedying Member has to play a part in this journey – treat tenure as President of the Malaysian Bar. An the problems and difficulties faced by lawyers one another as we ourselves want to be treated, I and litigants”. Furthermore, the Chief Justice act with due courtesy to the court, fearlessly honour, because the Malaysian Bar is held in high regard both at home and abroad, for its resolute has unequivocally stated that “there is currently uphold the interests of client and justice, be up fearlessness and steadfast determination to right no and there will be no KPI measures based on a to date with legal knowledge, acquire new legal injustices. A privilege, because of the talented, minimum disposal of cases per day, per week or skills including specialised skills, improve practice honest and fine individuals who make up the per month as a KPI measure. Instead, judges are management processes, and pursue opportunities membership of the Bar. assessed on qualitative measures, such as: both domestically and abroad. I am fortunate to have served in Bar Council under (i) integrity; The Bar Council and Secretariat are deliberating the able, dedicated and energetic leadership of (ii) impartiality and independence; on steps that we can take to support and help Yeo Yang Poh, Ambiga Sreenevasan and Ragunath (iii) judicial temperament; Members. Some of the challenges we face (iv) quality of judgments; include: inadequate quality of legal education Kesavan. With the support of the Office Bearers and Bar Council, I intend to continue on the (v) exercise of judicial discretion; and professional training; lack of expertise and course they, and others before them, had charted (vi) work ethic or diligence; and capacity to meet the demands of an evolving and for the Bar, with particular emphasis on these four (vii) observance of the Judges’ Code of Ethics competitive environment; and lack of exposure to objects of the Bar described in section 42(1) of the 2009.” hone existing skills and build experience. Legal Profession Act 1976: I thank the Judiciary for its positive response to the We welcome concrete and constructive feedback, • “to uphold the cause of justice without grievances raised by the Bar. I must express my and more importantly participation from Members regard to its own interests or that of its profound appreciation to my fellow Office Bearers so that we can actively shape the future of the Bar members, uninfluenced by fear or favour”; and Bar Council members (especially Brendan as a collective, for I am an ardent believer in the • “to maintain and improve the standards of Navin Siva and Rajpal Singh) for their support, adage that “the whole is greater than the sum conduct and learning of the legal profession energy and firm determination to act in the best of its parts”. in Malaysia”; interest of the Members. I am hopeful that we Justice has been referred to as being akin to • “to represent, protect and assist members can resolve the serious and grave problems arising a rich stream of water that flows endlessly. of the legal profession in Malaysia and to from rushed justice, and move ahead stronger Impediments to the full and free access to justice, promote in any proper manner the interests and better, with a sincere and respectful spirit of or to an uninhibited delivery of judicial services, is of the legal profession in Malaysia”; and cooperation between the Bar and the Bench. This akin to restricting the flow of this never-ending • “to protect and assist the public in all is but a first step. We now need to establish the stream. All members of society, the judges, matters touching ancillary or incidental to various working groups comprising the three main registrars, prosecutors, advocates and solicitors, the law”. stakeholders in the justice system, the Bar, Bench those employed in the daily administration of and Attorney General’s Chambers, who will make My first responsibility as President has been to fulfil justice, and the public at large, all of us have an the necessary recommendations to improve the important role to play to ensure that the waters the wishes of the Bar as expressed in its resolution justice system.

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