July–Sept 2011 www.malaysianbar.org.my Chronicle of the Malaysian Bar The Sporting Edge PLUS A First Class Legal Profession Akta Orang Kurang Upaya 2008, Harapan dan Realiti Report by Bar Council Monitoring Team on 9 July 2011 Public Rally In collaboration with For Malaysian Bar circulation only TEANA_Praxis_blank.ai 1 9/06/11 10:46 Rob Contents PRAXIS Contents CHRONICLE OF THE MALAYSIAN BAR President’s Message Readers’ Comments Editorial Features/Articles BAR COUNCIL MALAYSIA 7 A First Class Legal Profession BAR COUNCIL 12 Co-extensive Liability vs Indefi nite Liability 15 Leboh Pasar Besar 50050 Kuala Lumpur 16 Akta Orang Kurang Upaya 2008, Harapan dan Realiti Tel No: 603-2050 2050 Fax No: 603-2026 1313 / 603-2034 2825 / 603-2072 5818 20 The 6th Annual International Bar Association Email Add: [email protected] Website: http://www.malaysianbar.org.my Bar Leaders’ Conference — A Commentary 22 Unwinding a Winding Up? MEMBERS OF BAR COUNCIL MALAYSIA 2011/2012 24 Long Call Speech President: Lim Chee Wee Vice-President: Christopher Leong 26 Yayasan Bantuan Guaman Kebangsaan 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 29 Disruption Day Workshop Dipendra Harshad Rai | George Varughese | Gnasegaran s/o Egamparam | S Gunasegaran Hendon Mohamed | Hon Kai Ping | K Mohan K Kumaran | Kanarasan Ghandinesen 30 Visit to Singapore Coroner’s Court and Maxwell Chambers, Kuthubul Zaman Bukhari | Low Beng Choo | Mad Diah b Endut | Mukhtar b Abdullah and Informal Meeting with Law Society of Singapore Murelidaran Navaratnam | Ng Kong Peng | Ragunath Kesavan | Rajpal Singh s/o Mukhtiar Singh Rao Suryana bt Abdul Rahman | Richard Wee Thiam Seng | Sarengapani s/o K Rajoo 32 Dinner-and-Dialogue with Members of Parliament Shamsuriah bt Sulaiman | Sulaiman b Abdullah | Syamsuriatina Ishak th Yasmeen bt Hj Mohd Shariff | Zainuritha-Alfa bt Datuk Abu Hassan 34 4 Young Lawyers Convention 39 Report by the Bar Council Monitoring Team on the Public Rally Held on 9 July 2011 in Kuala Lumpur EDITORIAL BOARD 44 Meeting with American Council of Young Political Leaders Bar Council LexisNexis Syamsuriatina Ishak – Editor Ivan Yap Min Kee – Contract Publishing Manager 45 Upcoming Events Azman Thaiyub Khan – Assistant Editor Razlina Razali – Associate Editor Chua Ai Lin – Senior Officer/Assistant Editor Ryan Yee - Design & Production Anis Taufik – Assistant Officer Hasnizam Mohamad – Marketing & Advertising Dewani Zolkifli – Marketing & Advertising Lifestyle Noor Arianti Osman, Fahri Azzat, Aston Paiva, David Mathew & Janet Chai – Editing Team 47 Karen Cheah: What is it about Cupcakes? 50 The Spiritualised Lawyer 52 Aria@Damansara: A Lawyers’ (Non-Foodie) Review 56 Advertorial — Run Your Practice the Smart Way Sports LEXISNEXIS MALAYSIA SDN BHD T1-6, Jaya 33, 3, Jalan Semangat Seksyen 13, 46100 Petaling Jaya Selangor Darul Ehsan Malaysia State Bar News 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. 75 ASEAN Competition Law 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. 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Bar Updates/Notices © 2011 All rights reserved. 79 New Admissions to the Malaysian Bar Enquiries on advertising: Hasnizam Mohamad — [email protected] 82 Summary of Circulars Nishta Jiwa — [email protected] 84 Library Updates — Legislative Updates, New Books Article contribution: 90 Notice Regarding Documents in Bar Council’s Custody Bar Council Malaysia welcomes letters, articles, views and news (including photographs) for possible 91 Disciplinary Orders 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]. Circulation: 14,000 CoverC Photo Credit: LawLa Society of Singapore PRAXIS JULY-SEPT 2011 1 President’s Message Dear Members, circumstances that led to the death of Teoh Beng Hock. The Bar’s outstanding group of committed, fearless and hardworking he Bar’s exemplary spirit of unhesitating sacrifice, members in the RCI-TBH team — Sivaneindiren s/o Selvanandam, commitment to excellence and truth, fair play and Nahendran Navaratnam, Cheow Wee, Robert Low and Edmund generosity has been reflected in three different arenas in T Bon — were ably-led by our Vice-President Christopher Leong, recent months: the annual Malaysia/Singapore Bench and Bar and assisted by Richard Wee and a large group of young lawyers, Games, the Royal Commission of Inquiry into the Death of Teoh pupils in chambers, law graduates and students. They sacrificed Beng Hock (“RCI-TBH”), and the public rally held on 9 July. four months of their lives, declining paying briefs during this period of time in order that Malaysians can get closer to the truth The Malaysian delegation to the Bench and Bar Games returned regarding this tragic episode. We now await the publication of home from Singapore triumphant with the Judge’s Cup, which the RCI-TBH’s report, and can only hope that the Commissioners we proudly continue to hold for the sixth consecutive year. will arrive at the right findings. Our relationship with our brothers and sisters in law across the Causeway is a special relationship, not just because of historical Most recently, I was overwhelmed at the response when we reasons, but also owing to kindred ties. The Bar thanks and salutes invited Members of the Bar and pupils in chambers to come the Malaysian players who displayed the Olympian spirit where forward and join the monitoring team to observe the public rally “the most important thing ... is to not to win but to take part ... held on 9 July. Special gratitude goes to the Bar Council Human not to have conquered but to have fought well”. I must single out Rights Committee for spearheading this effort. I was similarly our squash team for special mention because the players exhibited encouraged at the large number of volunteers who signed up fair play at its finest, when they invited the Singaporean team to to be a part of the urgent arrest team, organised by the Bar replace their injured player instead of insisting on a walkover win. Council Legal Aid Centre (Kuala Lumpur). The Malaysian Bar pays Overall, Malaysia won by 7.5 points to Singapore’s 6.5 points. tribute to all those who selflessly worked hard, sacrificed their time, roughed it out on the night before the rally, braved tear A special word of thanks goes to our Chief Justice, YAA Tun Dato’ gas and water cannons, and provided legal assistance at places Seri Zaki b Tun Azmi, who attended as many games as he could where arrested persons were held. They played a crucial role to encourage and cheer our players on, not least when the venues that supported the rakyat’s exercise of their rights to freedom of for the various games were scattered throughout Singapore, and assembly and expression. the journey to each location sometimes lasted longer than the actual visit. Our appreciation goes also to our Singaporean friends Moving from how the Bar gallantly stepped forward, Bar Council (especially Wong Meng Meng, President of the Law Society of had to respond to two court-related issues, namely the circular Singapore) for their hospitality, and to the Sports Committees of announcing the fingerprint requirement on documents attested both the Malaysian Bar (with Jaspal Singh as the Chairperson of by Commissioners for Oaths, and e-filing. We were not consulted the Organising Committee for the Games) and the Law Society of by the Judiciary prior to the circular being issued to Commissioners Singapore (chaired by Joseph Liow) for their collective effort and for Oaths, and the first we heard of it was when court documents dedication in making the Games a smashing success. were rejected at filing counters in Malacca. We immediately approached the Chief Justice, who explained that the intention During the Games, Bar Council members together with our behind the circular was to prevent fraudulent declarations Chief Justice visited the Maxwell Chambers, which house the involving matters such as vehicle transfers and identity cards. Singapore International Arbitration Centre and other arbitral After hearing our views on the problems and perceptions arising institutions, and also visited the Coroner’s Court (where we were from such a circular, the Chief Justice promptly restricted the accompanied by the Chief Judge of Malaya YAA Tan Sri Arifin b application of the circular to Jabatan Pengangkutan Jalan Malaysia Zakaria, and Federal Court Judge YA Tan Sri Dato’ Seri Md Raus b (“JPJ”) matters. We thank the Chief Justice and the Chief Judge of Sharif) for briefings regarding Singapore’s arbitration regime and Malaya for the speed with which they responded to our concerns its new Coroners Act.