PRAXISPRAXIS CHRONICLECHRONICLE OFOF THETHE MALAYSIANMALAYSIAN BARBAR MALAYSIA M A JL IS IL PE NC GU OU JULY - DECEMBER 2007 AM BAR C PLUSPLUS CJ'sCJ's AppointmentAppointment SpeechSpeech MyMy ExperienceExperience atat EGMEGM - 2222 NovemberNovember 20072007 TheThe StandardStandard ofof carecare inin MedicalMedical PracticePractice ReviewReview aandnd AAnalysisnalysis ooff SUHAKAM'sSUHAKAM's 20052005 AAnnualnnual RReporteport WALKWALK FORFOR JUSTICEJUSTICE All items are available for purchase at the Malaysian Bar Bar Council (2nd Floor) Nos 13, 15 & 17 Leboh Pasar Besar Souvenirs 50050 Kuala Lumpur For more information / mail order please contact 4Sale Suvitha 03 - 2031 3003 ext 125 Pen / Key Chain / Card Holder RM45 Car Badge RM75 Leather Pilot Case RM250 Wall Plaque RM50 Crystal Card Holder RM30 60th Anniversary Watch Leather Card Holder & RM60 Key Ring Set RM55 Silk Woven Tie Available in Black Grey or Blue RM70 T-Shirt "Walk for Justice" Base Ball Cap "Walk for Justice" RM20 RM10 Polo T-Shirt "Walk for Justice" RM20 News Editorial PRAXIS 2 CJ’s Appointment Speech CHRONICLE OF THE MALAYSIAN BAR 4 How have we fared? 6 Bar hands over memorandum on fraudulent land transactions to the Government 7 Women’s Rights’ Forum: Equality is still a long way to go 10 Workshop: “Getting Started!” BAR COUNCIL OF MALAYSIA 13 Bar Councillors’ walkabout in Seremban to meet BAR COUNCIL NS Bar Nos 13, 15 & 17 Leboh Pasar Besar 14 Islamic Banking Seminar Series by 50050 Kuala Lumpur Mohamed Ismail Shariff Malaysia 17 The Standard of care in Medical Practice Telephone (03) 2031 3003 18 Memorial for the late Justice Datuk KP. Gengadharan Fax (03) 2026 1313, 2034 2825, 2072 5818 e-mail: [email protected] Nair Website: www.malaysianbar.org.my 20 Veteran and rights activist and lawyer passes on 21 BAR COUNCIL Diary of upcoming Events BAR COUNCIL 2007/2008 President Ambiga Sreenevasan State Bar News Vice President Ragunath Kesavan 22 Bar Rooms ready for use Secretary Lim Chee Wee Treasurer George Varughese 24 Kejohanan Sukan antara Peguam Pulau Pinang-Perak Yeo Yang Poh, Datuk Haji Kuthubul Zaman 2007 Bukhari, Hendon Mohamed, Hj Vazeer Alam Mydin 25 Law Awareness Day at Multimedia University School of Meera, Dato’ Muhammad Shafee bin Md Abdullah, Law Edmund Bon, Cecil Rajendra, Low Beng Choo, 26 Selangor Law Games and Family Day 2007 Christopher Leong, Roger Tan Kor Mee, K Mohan a/l K Kumaran, Loh Wann Yuan, G Balakrishnan, 27 Johor Bar bids farewell to four judicial officers R Subramaniam, Dato’ Hj Sukri bin Haji Mohamed, 29 Johore YLC organises first ever Charity Night! Hj Aziz Bin Haniff, Ravindra Kumar, Steven Thiruneelakandan, Ng Kong Peng, R R Comment Chelvarajah, Tee Kim Chan, Pretam Singh, Syed Azimal Amir bin Syed Abu Bakar, Hj Mohamed 30 My Experience at EGM – 22 Nov 2007 Sazali Abd Aziz, Lalitha Menon, Dato’ V 32 Why control of cyber space is crucial Sithambaram, Ngan Siong Hing, Shan 34 The Merdeka Statement Theivanthiran, R V Lingam, Anuwar bin Mohd, Hj Asmadi bin Awang, Yasmeen Hj Muhamad 37 Time To Stop Believing Your Own Propaganda Shariff Committee Publications Committee Hj Vazeer Alam Mydin Meera (Chairman), 38 1st Anniversary of LawCare Group Life Insurance Policy K Shanmuga (Deputy Chairman), Ng Kong Peng, 39 LawCare: Beneficiary gets RM30,000.00 Andrew Das Solomon, Cecil Rajendra, Colin Andrew Pereira, Edmund Bon, S Gunasegaran, Speeches Sanjeev Kumar Rasiah, Tan Ban Cheng , PK Yang, Nicole Tan Lee Koon, Jahaberdeen Mohamed 40 The Standard of care in Medical Practice: Yunoos, Avtaran Singh Has The Pendulum Swung in Favour of Patients in Secretariat Malaysia Chief Executive Officer: Corrinne Wong 44 Speech by Ng Kong Peng, Chair of Melaka Bar at its Directors: Cindy Chan and Rajen Devaraj Annual Dinner & Dance 2007 Publication Executive Wong Ying Loon Article Tel: +603 2031 3003 extn 143 48 The Conference of Rulers and Judicial Appointments DL: + 603 2031 4857 Fax: + 603 2032 2043 [email protected] Human Writes 53 ‘Bringing Human Rights Home’ tour heads south Advertisement Executive Chandrika Bhaskaran 54 Review and Analysis of SUHAKAM’s 2005 Annual Tel: +603 2031 3003 extn 192 Report: Law Enforcement and Human Rights DL: + 603 2031 3180 59 Wither free speech? Bloggers under attack! Fax: + 603 2026 1313 [email protected] Putik Lada Design & Layout: 61 NYLC & CPPS dialogue with Parliamentary Select Khairul Anuar / Norazaliza Azlin Committee on National Unity Praxis is the chronicle of the Malaysian Bar, published bi-monthly by the Bar Council of Disciplinary Oders Malaysia. 63 Disciplinary Matters – Updates Contribution: The Bar Council welcomes letters, articles, views and news (including photographs) for possible inclusion in the publication. However, Press Statements the Bar Council reserves the right not to publish 64 Unauthorised Persons - Public Beware! them or to edit those published as regards content, clarity, style and space considerations. 64 CTOS 64 Malaysia should join the ICC Articles from individuals that are published here contain the personal views of the writers concerned 66 Malaysia a secular State and are not necessarily the views of the Bar 67 The elevation to the Court of Appeal of eight High Court Council. Contributions and enquiries should be directed to [email protected] Judges 68 Comment on Federal Court decision in Latifah Bte Mat Zin Library Update Certificate No: 22470 69 Legislative updates and Library Notice MAY / JUNE_2007 PRAXIS 1 News CJ’s Appointment Speech Speech on the appointment as Chief Justice of Malaysia by Dato’ Abdul Hamid Bin Haji Mohamad at the Istana Kehakiman, Putrajaya nn 11th December 2007 am grateful to God Al-Mighty for, confidence in the integrity cases and their complexity. Just Iwithout His blessing, even though not and the effectiveness of the look at the number of lawyers mentioned in the Constitution, this courts, there is still room for in practice, the number of cases appointment would not have happened. the continuity of a civil fixed at every sitting, the I thank His Majesty the Yang di-Pertuan society and law and order. length of the trials or hearings, Agong, the Rulers’ Conference and the When the people no longer the length of the notes of Rt. Hon. The Prime Minister of Malaysia have confidence in the courts, evidence recorded by the for this appointment. there will be chaos. judges themselves, the thickness of the appeal records I am aware that this appointment is a heavy Therefore, to me, whether the and authorities that the judges burden on me. It is more so when it perceptions are true or not is have to read and the length and happens at a very challenging time, that immaterial. What is important is that they complexity of the grounds of judgments is, when public perceptions of the exist. So, we have to act to correct the that they write. Judiciary are disturbing; when the perceptions and we have to act fast. There integrity of the courts in the is really no short cut to it. The only Besides, Judges do all these work administration of justice is doubted; when effective way is for all judges, officers and themselves. They themselves try the cases, appointments and the behavior of Judges staff of the courts at all levels to work hard, listen to the witnesses and the arguments and their commitments in the discharge honestly and transparently. We have to of counsel, record the notes of evidence, of their duties, are all being questioned. reflect on ourselves to see whether there is read and analyze the documents and the anything in our behavior, our records of appeals, research and read the The fact that such negative perceptions relationships, including those of our authorities and write the grounds of exist does not necessarily mean such immediate family members and close judgments. All these should be perceptions are all true. But, public associates which may give rise to such understood. perceptions are not formed in a matter of negative perceptions and, if there are, to days. It takes time to develop and spread correct the situation. We have to work hard Similarly, when we talk about the number based on facts heard and seen by them to prove that the perceptions are wrong, of judgments not written or delayed, we which may be true and may be not. In or even if there are some truths, that the should also take note of the number of any event, we cannot simply brush them causes have been remedied. In other judgments that have been written by a aside. To the Judiciary, the very fact that words, we have to revive public judge, the complexity of the cases and the such negative perceptions exist is sufficient confidence, not through slogans, not quality of the judgments. The volume of for us to take them seriously. This is through propaganda, not only through work at one place is not the same as at because the Judiciary is the only agency prayers, but by showing results which by another place. The volume of work and that has been entrusted by the themselves will negate the perceptions. the complexity of the cases at the High Constitution to administer justice between Toward that end, we will have to work Court at Kuala Trengganu or Bintulu, for individuals and individuals, individuals hard and honestly. example, cannot be compared with those and the government, individuals and in Shah Alam and Kuala Lumpur. This companies, companies and companies and I do not say that the Judges are not too should be taken into account. so on, involving human life, property, hardworking or are not committed. In fact, human rights and so on. Besides, the I dare say that they are, on the whole, very Perhaps, as in any organization, there are Judiciary is the last frontier of a nation.