In Support of Bar Council and Members of the Bar

JUL–SEP 2014 For Malaysian Bar circulation only CHRONICLE OF THE MALAYSIAN BAR www.malaysianbar.org.my PAGE 10 THE SECRETARIAT: IN SUPPORT OF BAR COUNCIL AND MEMBERS OF THE BAR PAGE 15 THE OFFICE OF THE CEO PAGE 22 TABLE TENNIS FOR TWO In collaboration with CONTENTS 10 EDITOR’S NOTE PRESIDENT'S MESSAGE PRESS RELEASES FROM THE BAR FEATURES/ARTICLES 10 The Secretariat: In Support of Bar Council and Members of the Bar 15 The Offi ce of the CEO 17 LawCare — Its Benefi ts and Functions EVENTS 18 International Malaysia Law Conference LIFESTYLE 22 Table Tennis for Two 15 CASE NOTES — HIGHLIGHTS FROM THE FEDERAL COURT STATE BAR NEWS NEWS CONTINUING PROFESSIONAL DEVELOPMENT BAR UPDATES/NOTICES 44 New Admissions to the Malaysian Bar 46 List of Departed Members 46 Notice Regarding Bar Circulars and E-Blasts 47 Summary of Circulars 22 47 General Information on Matters Discussed at Bar Council Meetings 48 Library Update 54 Notice Regarding Documents in Bar Council's Custody: Legal Firms in which Bar Council has Intervened 55 List of Struck Off Members Wherein Appeal/Reinstatement Allowed 55 Disciplinary Orders 26 JUL-SEP 2014 | 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 2014/2015 President : Christopher Leong Vice-President : Steven Thiru Secretary : Richard Wee Thiam Seng Treasurer : Karen Cheah Yee Lynn Abdul Fareed Abdul Gafoor | Abdullah Johari Hamzah | Ahmad Fazlan Mustapha | Ahmad Zaini Samsudin | Amar Jit Singh Jarnail Singh | Andrew Khoo Chin Hock | Brendan Navin Siva | Burhanudeen Abdul Wahid | Desmond Ho Chee Cheong | Dipendra Harshad Rai | George Varughese | Gnasegaran Egamparam| Hendon Mohamed | Honey Tan Lay Ean | Kuthubul Zaman Bukhari | Kenny Lai Choe Ken | Low Beng Choo | M Ramachelvam | Norazham Yahaya | Puspanathan Sellam | R Jayabalan | Ramli Shariff | Ravi Nekoo | Ravinder Singh Dhalliwal | Ridzmann Chee Abdullah | Rosnah Zakaria | S Gunasegaran | Salim Bashir Bhaskaran | Salwa Mansor | Sulaiman Abdullah | Surindar Singh Chain Singh | Syahredzan Johan | Vishnu Kumar S Athi Kumar | Yasmeen Mohd Shariff 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 Bar Council Raphael Tay – Editor-in-Chief Baizura Abd Razak, Joane Sharmila – Editors Nishta Jiwa, Sangheetha Kuppusamy – Marketing & Advertising LexisNexis Annette John – Associate Director, Publishing, Southeast Asia Preghaladhan Vizia Balakrishnan – Manager, Publishing Operations, Southeast Asia & Hong Kong Jasmine Halili – Senior Legal Editor Mohd Khairil Johari – Design & Production COVER STORY This issue of Praxis delves into the deeper workings of the Bar Council LexisNexis Malaysia Sdn Bhd T1-6, Jaya 33, 3, Jalan Semangat Secretariat, and hopes that Members of the Bar get to know better Seksyen 13, 46100 Petaling Jaya Selangor Darul Ehsan, Malaysia how the Secretariat works. Tel: (603) 7882 3500, Fax: (603) 7882 3506 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. The Secretariat was fi rst established in 1966, but back then, it 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 consisted of just one person, Catherine Eu, who would eventually 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. Statements of contributors, writers or advertisers herein represent their personal views become the fi rst Executive Director of the Secretariat. Since then, 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 the Secretariat has grown from strength to strength, in conjunction 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, with the growth in the number of Members of the Bar. The Secretariat 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. article covers the four divisions of the Bar Council, and interviews with © 2014 All rights reserved the respective heads of the divisions reveal the inner workings of the Enquiries on advertising: Kajendran Arumugam — [email protected] Secretariat that Members may be unaware of. William Quek — [email protected] Nishta Jiwa — [email protected] Article contribution: Bar Council Malaysia welcomes letters, articles, views and news (including photographs) for That aside, the Offi ce of the CEO is also covered in this issue, and 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 divulges the thoughts, plans and vision that the CEO, Rajen Devaraj, and enquiries may be directed to [email protected]. Circulation: 16,500 has for the Secretariat. Printed in Malaysia by Atlas Cetak (M) Sdn Bhd (97608-X) Wisma Atlas, No.2, Persiaran Industri Bandar Sri Damansara, 52200 Kuala Lumpur,Malaysia Catch them all in this issue of Praxis. Tel: (603) 6273 3333, Fax: (603) 6073 3833 2 PRAXIS | JUL-SEP 2014 EDITOR’S NOTE From the Editor's Keyboard national catastrophes of epic proportions, In trying times, one would expect namely the loss of two MAS airplanes in compassion. But the conduct of some — the space of less than four months. These who attributed the twin disasters befalling shocking calamities have delivered a MAS to the attire of the stewardesses and devastating blow on our morale. While the alcoholic beverages served on MAS planes circumstances of MH370 remain shrouded — only serves to outrage us. Some refused in mystery, the shooting down of MH17 was to mourn the victims. categorically a man-made disaster. Extremism in ideals is the bane of any The downing of MH17 is the epitome of society. It causes rational, docile, peace- civilian casualties that should not have loving individuals to lose values that make happened if people were of the belief that the them human. Empathy, sympathy and only solution to any confl ict is peace. compassion are eroded, subverted by the extremist confl agration. In short, extremism, Our Prime Minister was correct in proclaiming bigotry and violence diminish humanity. We that “we are all united in grief”. The “we” in must combat these and remind our fellow his sentence is an inelastic concept which Malaysians that what makes this country does not recognise nationality, religion or great is the moderation exhibited by her A Poignant Period in Our race. Every human being would have felt citizens. Malaysian Journey sorrow at the callous loss of lives. The most poignant part is that the deaths of those Ultimately, while we come together to mourn t has been a turbulent, if not a harrowing aboard MH17 were random. It could have these unfathomable tragedies, a silver lining Iperiod for us Malaysians. Never before, happened to me or you. can be glimpsed within the dark spectre since the atrocious May 13 racial riots have engulfi ng us. The act of apologising and we been dealt with blows that few have the Heroes are made when crisis befalls. In forgiving, in short, contrition and compassion courage to accept. In these times, thick with the MH17 saga, the strategic and selfl ess are virtues that are still present in the fabric emotions, we have been smitten by grief, endeavours of our civil service deserve of our nation. The outpouring of sympathy dumbfounded by the senselessness of a few applause. Only through tactful diplomacy and collective grief all over the mass and and plunged into the valley of sorrows. But in in a hostile region did we manage to secure social media in solidarity with the victims these trying times, we have a cause to quietly the remains of the victims and guarantee that of MH17 and MH370 and family members cheer, as the rays of hope are unsullied by the they will rest in peace. demonstrates that we still care for each other, dastardly circumstances that we are in. even when they are strangers to our lives. Unsung heroes are many in a civil service that The actions of Kinabatangan MP, Bung practises quiet diplomacy. The same could Mahatma Gandhi once said, “The simplest Mokhtar in tweeting his admiration for Adolf be said in the context of the legal profession. acts of kindness are by far more powerful Hitler can be encapsulated in one word The Malaysian Bar Secretariat has worked than a thousand heads bowing in prayer.” — bizarre. For anyone to be glorifying a tirelessly in ensuring the engines of the legal What use are acts and portrayal of génocidaire in any time and age is at best, profession are constantly oiled (please see religiousness if they are coupled by extreme revolting. While Mr Mokhtar is no stranger page 9 for the article entitled The Secretariat: and violent views, thoughts and actions? to controversy in the national political In Support of Bar Council and Members of They are nothing short of hypocrisy and our landscape, this episode catapulted him to the Bar). They strive to perform their duties conscience should never allow such things the international eye and was condemned in the hope that the product of their work is to materialise, at least not in multi-ethnic, worldwide.

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