Professional Documents
Culture Documents
By the notion of legal aid, it is a provision of assistance to people who are unable to afford legal
representation and access to the court system. Legal aid is usually bestowed upon the deserving
public by legal based organizations such as the Bar Council, Ministry of Legal Affairs and other
established legal organizations. The existence of legal aid is necessary in providing access to
justice by ensuring equality before the law, the right to counsel and the right to a fair trial to
enable deserving individuals to have the conduit, avenue or access to the professional help they
require. By this virtue, legal aid is momentous and paramount in guaranteeing equal access to
justice for all.
Bar Council Legal Aid Centre (BCLAC)
1.0 Background:
Bar Council Legal Aid Center was established by the Bar Council. The first of such center was
set up in 1980 in the state of Penang as Legal Advisory Centre. This was in accordance to the
Legal Profession Act (LPA) 1976, Section 42 (1) (h) which states The purpose of the
Malaysian Bar shall be, amongst others, to make provision for or assist in the promotion of a
scheme whereby impecunious persons may be represented by advocates and solicitors. The first
official Legal Aid Centre was set up in Kuala Lumpur in 1982. In 1983, the Malaysian Bar gave
substance to the LPA 1976 Section 42 (1) (h) by passing a resolution to set up its Legal Aid
Scheme whereby every practicing lawyer is required to contribute MYR 100 per year towards
the scheme. Its head office is the Bar Council, Kuala Lumpur, Malaysia.
give free legal advice or represent the clients on a voluntary basis. Refer to Appendix A for list of
LAC across Malaysia.
2.0 Function:
The Bar Council Legal Aid Centre (BCLAC) was founded by the Malaysian Bar Council with
the purpose of providing citizens equal opportunity for the enforcements of their fundamental
right to equality before the law. It is one of two organizations in Malaysia which provide free
legal advice & representation, and it has branches to represent each state in Malaysia. The
BCLAC are actively involved in pro-bono work in the community, and conduct many programs
in cooperation with other organization (e.g. All Women Action Society (AWAM), Womens Aid
Organization (WAO), Sisters-In-Islam (SIS), Tenaganitas Migrant Workers Desk, Pink Triangle
Foundation, and United Nation High Commissioner for Refugees (UNHCR) to provide free legal
advice & representation to relevant parties. The BCLAC is funded by the sole contribution of
members of the Bar and cases are taken on a voluntary basis by dedicated lawyers. Hinging on
this, their services are limited to those who truly have no means to seek representation privately.
In a brief manner, the following depicts the function of BCLAC:
(i) Provide legal aid services to the impecunious
(ii) Attend to complaints from the public against members of the Bar
(iii) Manage a compensation fund to protect interests of members of the public whom as clients
of lawyers have suffered losses arising out of the dishonesty of lawyers.
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BCLAC handles the following cases: Criminal cases, public interest cases, housing/tenancy
issues, labor/ employment, family law matters, Syariah (Islamic) family law cases, domestic
violence cases, migrant/refugees issues, immigration issues (passport, identity cards) and public
interest litigation cases.
BCLAC also offer talks on legal rights and distribute pamphlets at schools, public places,
villages, and juvenile homes. In certain notable occasions, BCLACs partner with
nongovernmental organizations such as womens organization and youth organizations in
organizing legal awareness programs.
4. Skill Development Programs
On top of that, BCLAC also organize training for volunteer legal aid lawyers on Family Law,
Human Rights, Syariah Law, and Criminal Law, among others.
5. Migrant Workers Clinic (MWC)
This is a joint program with Tenaganita's Migrant Workers Desk, which BCLAC provides free
legal advice, representation and assistance to deserving migrant workers (who came legally to
Malaysia) for instance, in the event of being abused and exploited. They also liaise with relevant
authorities such as but not limited to Police, Labour and Immigration Department and Inland
Revenue and coordinating/participating in negotiating with ex-employers.
6. LAC/ United Nation High Commissioner for Refugees Clinic
This is a joint program with UNHCR (United Nation High Commissioner for Refugees). They
provide legal advice and assistance on refugees issue to refugees such as advises, counsel and
assisting the refugees on legal issues.
Applicants will be interviewed to review his/her eligibility for their services, using the Means
Test. The counselors will then review the applicants case and provide guidance on future actions
required. If the applicant has not brought all the required documents, the counselors may provide
preliminary advice, but will require these documents to be submitted to proceed further.
The criteria for people who qualify for legal aid from the BCLAC are:
Applicants whose monthly income, after deduction of monthly expenses, should be:
Single person
: RM650
: RM900
Salary
: RM1000 p/m
Monthly exp.
: RM450
Balance
: RM550 (QUALIFIED)
Monthly expenses include rental, utility bills, medical bills, personal expenses, monies given to
support parents/family, etc. When visiting the LAC, an applicant should provide proof of income
(e.g. payslip), monthly expenses (e.g. rental receipt, medical expenses etc.) and details of the
case he/she seek help on.
On top of that, the applicants must not have in possession of assets worth over MYR 45,000 (for
house/flat), MYR 20,000 (car), MYR 4,500 (motorcycle) and MYR 5,000 (in savings account).
These figures are solely intended for guidance purposes, some applicants are deemed eligible on
the basis upon merits of the case. The figures may also vary from state to state in Peninsular
Malaysia, where it largely boils down to the standard of living in each state. If the applicant is
qualified for legal aid services, they need to pay disbursements either to the BCLAC or the
volunteer lawyers to cover the cost of transportation for the lawyers to go to court and
documentation fees. Disbursements range from about MYR 300 to MYR 700 depending on the
case. Disbursements can be paid in installments. Lawyers do not charge professional fees for
legal advice and legal representation to the client.
Even if an applicant does not qualify for the afore-conferred requirements, the LAC is still
willing to provide basic guidelines and directions for further action to walk-in clients. They also
hold a directory of legal firms available in the vicinity. They do not entertain legal queries via the
telephone, to ensure the integrity of any information given. On top of that, keep in mind that not
all cases require legal representation. For instance, for a small claims case no legal
representation is necessary. You only need to submit a form to the Magistrate Court 9, Jalan Duta
(available there). Small claims cases include all actions where the money damages claimed are
not in excess of RM500.
Notes:
1. Civil cases as afore-conferred, are inclusive of the following cases:
a. workmen's compensation
b. padi cultivators
d. road accident
e. moneylenders
f. hire-purchase
g. tenancy matters
i. adoption
j. consumer claims
2. Criminal cases
LAB only handles criminal cases where accused plead guilty and need assistance with
mitigation. It has a constrained boundary in handling criminal cases, of which they are identified
as per following:
(i) Representing a child offender charged with criminal offences in proceedings in the Court For
Children (in camera) or in Open Court under the Child Act 2001 [Act 611] in the event that the
child offender is charged jointly with an adult
(ii) Representing an accused person charged with criminal offences under the Minor Offences
Act 1955 [Act 336].
(iii) Representing an accused person who pleads guilty to the charge and wishes to make a plea
in mitigation in respect thereof.
Any other criminal cases that falls beyond the defined constraints or boundaries of LAB, is
referred to BCLAC.
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The applicant will undergo a means test. Upon success, the applicant will be required to pay a
small token sum of registration fee of RM2.00 and to fill up some forms at the premises.
Following the submissions of the forms, an interview will be conducted to determine the full
details of the case with respect to the applicant and necessary actions to be taken thereon. The
applicant will also be mandated to sign a statutory declaration confirming if his/her annual
income is within the qualifying criteria set by BBG, and have this been certified by a
Commissioner of Oaths. Applicants should be cognizant and mindful that provision of false
information, deliberately or non-deliberately during the application process is an offense and
persecutions under Section 31 may ensue or eventuate upon discovery. Upon conviction, one
shall be fined not exceeding RM1, 000 or imprisonment of not more than 6 months
There are two main categories an applicant may fall into. Failing which, you can apply to the
Director of BBG for a special exemption.
i. First category Free Legal Aid
Applicants whose yearly income does not exceed RM25, 000 (i.e. RM2, 083 per month)
ii. Second category Subsidized Legal Aid
Applicants whose yearly income is more than RM25, 000 but does not exceed RM30, 000 (i.e.
RM2,500 per month).
iii. Special exemption
Applicants who do not qualify for the first or second category can apply for a special exemption
to obtain legal aid with the approval from the ministry (Y.B. Menteri). This application is made
through the Director of the BBG.
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Under section 19 of the Legal Aid Act 1971 the Director General of Legal Aid or any person
appointed under subsection 3(2) may cancel a legal aid certificate. Pursuant to regulation 8 of the
Legal Aid and Advice Regulations 1970, a legal aid certificate may be revoked in any of the
following circumstances:
1. at the request of the person to whom it is issued;
2. the applicant has been required to make a contribution and any payment in respect thereof is
more than 30 days in arrears;
3. if the Director General is satisfied that the proceedings have been disposed of;
4. where the Director General is satisfied that the aided person has required the proceeding to be
conducted unreasonably so as to incur an unjustifiable expense to the Department;
5. demise of the aided person;
6. in the event that the aided person has had a receiving order made against him;
7. if the income of the aided person exceeds RM30,000.00 per annum upon further
determination;
8. if as a result of any information the Director General considers the aided person no longer has
reasonable grounds of being a party to the proceedings and it is unreasonable for him to continue
to receive legal aid;
9. if the aided person in furnishing information has knowingly made a false statement or false
representation.
breaching of solicitors ethics. Between January and May 2011, the board received 538
complaints. In the past five years, 144 lawyers have been disbarred following disciplinary
hearings.
Differences between Bar Council Legal Aid Center and Legal Aid Bureau
Both government and the Bar Council provide avenues for legal aid in Malaysia. In fact, the
recent establishment of National Legal Aid Foundation in 2011 has opened up the conduit to get
legal aid even greater. The provision of legal aid by the Government is through its Legal Aid
Bureaus located in all states whilst the Bar Council provides legal aid through its Legal Aid
Centers in all states in Peninsula Malaysia. For the sake of clarity, whenever mention is made
about the Legal Aid Bureau in Malaysia, it must be borne in mind it refers to the Government
funded Legal Aid Bureau. Reference to the Legal Aid Centres refers to the Bar Council Legal
Aid Centres. The Government legal aid is administered under the Legal Aid Act 1971 whereas
the Bar Council provides legal aid under the provisions of the Legal Profession Act 1976. The
differences between the between the Government Legal Aid Bureaus and the Bar Council Legal
Aid Centers is set out below.
Recommendation
Albeit it is crucial to acknowledge that there are flaws and inadequacies of both BCLAC and
LAB, it should also not be sidelined that the BCLAC is constrained by its limited resources
contributed by its members, which is the hindrance for it to handle every single aspect of legal
aids. Government support is ostensibly lacking in Malaysia. With a close to 1.5% population
growth rates in Malaysia, it is imperative that the Government of Malaysia assume proactive
action to probe and delve into the dead-pits or flaws of its legal aid structure, according to the
recommendation of Bar Council of Malaysia. Amongst the most prominent recommendations
that is likely to contend to the current rift of legal aid boils down to increased funding by the
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government in matters concerning legal aids and increased awareness amongst lawyers to
support a social on top of taking pride of being associated with legal aid provision entities.
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