Oct–Dec 2011 www.malaysianbar.org.my Chronicle of the Malaysian Bar The Way Forward PLUS Is Judicial Independence Now Constitutionally Extinct? World Indigenous Day Celebration 5th China-ASEAN Forum on Legal Cooperation and Development (CAFTA 2011) In collaboration with For Malaysian Bar circulation only Contents PRAXIS CHRONICLE OF THE MALAYSIAN BAR Contents President’s Message Readers’ Comments Editorial BAR COUNCIL MALAYSIA Features/Articles BAR COUNCIL 15 Leboh Pasar Besar 50050 Kuala Lumpur 7 Is Judicial Independence Now Constitutionally Extinct? Tel No: (603) 2050 2050 Fax No: (603) 2026 1313 / (603) 2034 2825 / (603) 2072 5818 15 Doing What is Right Email Add: [email protected] Website: http://www.malaysianbar.org.my 22 An Overview of the Bar Council Library 28 The “Four Judges Rule” MEMBERS OF BAR COUNCIL MALAYSIA 2011/2012 32 Improving the Standards of Advocacy President: Lim Chee Wee Vice-President: Christopher Leong 34 Human Writes – The Curious Case of April Ashley 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 38 Conference on Legal Education in Malaysia Dipendra Harshad Rai | George Varughese | Gnasegaran s/o Egamparam | S Gunasegaran 40 International Day of the World’s Indigenous People 2011 Hendon Mohamed | Hon Kai Ping | K Mohan K Kumaran | Kanarasan Ghandinesen | Kuthubul Zaman Bukhari Low Beng Choo | Mad Diah b Endut | Mukhtar b Abdullah | Murelidaran Navaratnam | Ng 41 National Symposium on Islamic Banking and Finance Kong Peng Ragunath Kesavan | Rajpal Singh s/o Mukhtiar Singh | Rao Suryana bt Abdul Rahman Richard Wee Thiam Seng | Sarengapani s/o K Rajoo | Shamsuriah bt Sulaiman | Sulaiman b Abdullah 42 Forum on Assisting Small Law Firms Syamsuriatina Ishak | Yasmeen bt Hj Mohd Shariff | Zainuritha-Alfa bt Datuk Abu Hassan 42 Upcoming Events 43 Tripartite Meeting between Sabah Law Association, EDITORIAL BOARD Advocates’ Association of Sarawak and Malaysian Bar Bar Council LexisNexis 44 5th China-ASEAN Forum on Legal Cooperation and Syamsuriatina Ishak – Editor Ivan Yap Min Kee – Contract Publishing Manager Development (CAFTA 2011) Azman Thaiyub Khan – Assistant Editor Annie Yeoh – Associate Editor Chua Ai Lin – Senior Officer/Assistant Editor Ryan Yee - Design & Production 46 Fun in the Sun at Cherating, Kuantan Anis Taufik – Assistant Officer Hasnizam Mohamad – Marketing & Advertising Nishta Jiwa – Marketing & Advertising Noor Arianti Osman, Fahri Azzat, Aston Paiva, Lifestyle David Mathew & Janet Chai – Editing Team 48 Advertorial — Berjaya Times Square Theme Park 49 Advertorial — The Malaysia Middle Temple Alumni Association 50 Advertorial — Nissan Teana Car Review 51 Advertorial — Executive Health Screening at IJN LEXISNEXIS MALAYSIA SDN BHD 52 Geng Terjah – At Home With Nature T1-6, Jaya 33, 3, Jalan Semangat Seksyen 13, 46100 Petaling Jaya Selangor Darul Ehsan Malaysia Sports Tel: (603) 7882 3500, Fax: (603) 7882 3506 State Bar News 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. 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Bar Council Malaysia also prohibits the use of Praxis and all 68 Cartoon & Sudoku or any of its contents herein, for commercial and/or personal gain, profit or sale. 69 Long Call Speech © 2011 All rights reserved. Enquiries on advertising: Bar Updates/Notices Hasnizam Mohamad — [email protected] Nishta Jiwa — [email protected] 70 Summary of Circulars Article contribution: 73 New Admissions to the Malaysian Bar 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 75 Library Updates — New Books, Legislation published for content, clarity, style and space considerations. Contributions and enquiries may be 84 Disciplinary Orders directed to [email protected]. 85 Notice Regarding Documents in Bar Council’s Custody Circulation: 14,000 Cover Photo Credit: Simon and Lisa Thomas PRAXIS OCT-DEC 2011 1 President’s Message The Bar Stands Firm under Attack, and the Challenges Ahead — New CJ and Liberalisation of Legal Profession Dear Members, the building, as well as on a number of gratitude also goes to the staff at my private cars parked outside. There has law firm, for weathering the unexpected The Bar is no stranger to criticism and been no indication of the identity of the protests and threats. The support shown opposition from both within and without, perpetrator(s) of this act of vandalism. by Members of the Bar for Bar Council’s but it is alarming and unacceptable when work in upholding the cause of justice is the detractors resort to trespass, theft and When JMM was subsequently called in for also deeply appreciated. vandalism and the police condone such questioning in early September, however, behaviour by virtue of their sheer inaction. the representatives expressed shock at the Unfortunately, Bar Council is not alone allegation of theft. under attack. Individual Members of the After Friday prayers on 29 July 2011, Bar have also come under attack and been a group of individuals claiming to Two days later, on 9 Sept 2011, demonised by critics who disagree with represent Jaringan Melayu Malaysia almost a dozen JMM representatives Members of the Bar who carry out their (“JMM”) gathered outside Bar Council’s gathered outside my law firm, chanting professional duties without fear or favour. premises — with the media in tow — “Hancur Majlis Peguam” and “Hancur Lim and attempted to enter the building to Chee Wee”, while displaying posters A newspaper and a television station deliver a memorandum, while chanting decrying Bar Council as racist and calling published news disparaging Manjeet Singh slogans of protest against Bar Council. for my resignation, again with the media Dhillon, in connection with his role as After negotiation with the staff, the at the ready. counsel in an ongoing criminal proceeding, memorandum was handed over at the and his request to the court to cite the security area on the ground floor. During While we resolutely defend the right of prosecution for contempt. The reports the gathering, however, two Bar Council everyone — including supporters and stated that a Member of Parliament had banners displayed on the façade of the opponents of Bar Council alike — to accused him of causing disrepute to the building were removed, and five banners assemble peacefully to voice their views, image of the government, because he was denouncing Bar Council were put up by we deplore the acts of theft, trespass and motivated by anti-government sentiment, JMM at various positions on the exterior vandalism that were committed, and the and in order to further the interests of wall and banisters, proclaiming: hostility they evidence. the opposition. We commend High Court • “Tutup!! Tutup!! Majlis Peguam”; Judge Dato’ Akhtar Tahir for censuring • “Majlis Peguam Prejudis”; Unfortunately, JMM are not the only the media for its “personal attack on the • “Bar Council Saddler for DAP”; individuals who have crossed the line counsel but also on the court”. • “Majlis Peguam Tidak Professional”, in expressing their displeasure at Bar and Council. For the past few months, a victim Another Member of the Bar, Karpal Singh, • “JMM mahu Majlis Peguam Bebas & of financial dishonesty of a lawyer (the was also reproached in connection with Bukan Jadi Kuda Tunggangan DAP”. victim’s claim for compensation from the performance of his professional duties. Bar Council was rejected on account A Deputy Minister in the Prime Minister’s Police personnel, who had stationed of his out-of-court settlement with the Department reportedly contended that themselves across the street early on, dishonest lawyer of his suit against him), politicians should not be permitted to watched the events unfold without taking has threatened to assault, if not kill, the practise law because politician-lawyers, any action to stop the trespass, theft and Office Bearers and the staff members of such as Karpal, mix law and politics, as vandalism. When Bar Council lodged the Bar Council Secretariat, and the staff allegedly demonstrated by his role and a police report against these acts, the at my law office unless his demands for stance in the current and previous charges police claimed not to have witnessed the compensation were satisfied. Whilst we against Anwar Ibrahim. dismantling of the Bar Council banners, sympathise with his predicament, his but did not deny having observed the five violent and threatening behaviour cannot Another Member of the Bar, whose name banners being affixed. be tolerated. The Bar is pursuing this I am not at liberty to reveal, received death matter with the police. threats (one in the form of bullets in the In the following day’s press, JMM mail) to stop representing a client in a representatives were reported as having I must thank the staff members of the Bar particular matter and had Molotov cocktail taken down the Bar Council’s banners.