TUESDAY

Protecting and assisting the public in all matters touching ancillary or incidental to the law search Search

Home About Us Directories News/Notices Laws Resources Calendar of Events Public Awareness Links FAQs Contact Us Advertise

Home News Members' Opinions and Comments The role of lawyers in the administration of justice

Forum Photos Jobs Polls Shop Law Public

Firms Awareness

2018 Sijil Annual and Practising Certificate Application

Click the link above for details on applying for your SAPC 2018. All
applications must be made online only. No hard copy documents
allowed. Submit your application online, now.
The role of lawyers in the administration of justice
SALE OF LAW FIRM : LOH POH SENG & CO, IPOH
Contributed by Ambiga Sreenevasan Loh Poh Seng & Co, Ipoh (est 1972) a conveyancing and litigation
T h u r s d ay, 0 6 N ove m b e r 2 0 0 8 1 2 : 4 3 a m firm in Ipoh, Perak is up for sale. Interested parties please contact
Chris at 012-4602275, or e-mail chrisnava7@gmail.com for more
©Project Malaysia (Used by permission) details.
by Dato’ Ambiga Sreenevasan

To many in Malaysian society, the practice of law is simply a means of earning a

living. The ideal however requires more of lawyers – that we consciously play a
broader role in upholding justice. We are enjoined to do so by tradition, legislation,
our social conscience, and a sense of responsibility that arises from the privilege
we have of appearing before the Courts of Law.

For much of its history, the Malaysian Bar has been criticised (and sometimes vilified) when attempting
to give meaning to that ideal of lawyers upholding the cause of justice in society. Criticising the Bar’s
“Walk for Justice” in 2007, one Minister suggested that the Bar Council register as an opposition party.
Others accused it of insensitivity and arrogance for organising a forum to discuss and propose solutions
for the very practical problems of jurisdictional conflicts between the Civil and Syariah Courts that
devastate families. I am hopeful however that these views are not widely held.

At the very least, no one can accuse the Malaysian Bar of failing to take a stand on issues that are of
concern to the public, even if they are controversial. We have 173 guests and 31 members online

Members Online Self Service Portal

Basic Principles on the Role of Lawyers in Society

What does it mean to say that lawyers must uphold justice in society, and how should this role be Members Online Self Service Portal
protected? Some guidance is found in the “Basic Principles on the Role of Lawyers” adopted by the 8th
United Nations Congress on the Prevention of Crime and the Treatment of Offences (‘the UN Principles’)
in 1990 and intended to assist member states. Among these internationally recognised principles are
the following:

(i) All persons, in particular those facing arrest or detention for a criminal offence, must have access to
lawyers and legal services.

(ii) The duties of lawyers include not merely advising and acting for their clients, but also upholding
human rights and fundamental freedoms.

(iii) The Government must ensure that lawyers are able to perform their functions without intimidation,
hindrance, harassment or improper interference.

(iv) The legal profession must have codes of professional conduct and lawyers who breach the code
should be subject to disciplinary proceedings.

Access to Legal Representation

There are approximately 12,700 lawyers in Peninsular Malaysia. Access to lawyers is a critical In Memoriam | Choo Yoong Fatt
component of access to justice. The concern of the international community that accused persons are Malaysian Bar to snub Legal Year 2018 Proceedings
particularly vulnerable is not without basis. Malaysian Bar: President’s speech at opening of Legal Year removed
due to refusal to be censored
In Malaysia, the Criminal Procedure Code (‘the CPC’) was amended in 2007. A new Section 28A gives an Press Release | The Malaysian Bar Holds Firm to the Right to Speak
arrested person the right to consult with a lawyer and to have a lawyer present before the police Without Being Censored
commence any form of questioning or recording of a statement. The meaning of Section 28A is clear. Bar boycotts opening of legal year 2018 after move to ‘muzzle’
Unfortunately, old habits die hard and the police are often reluctant to recognise this right of arrested president
persons to have a lawyer present. Bar Council Library Update (11 Jan 2018)
Speech by George Varughese, President, Malaysian Bar, at the Bar
Getting legal representation is also a significant problem for the indigent despite existing legal aid Council Dinner on the Occasion of the Opening of the Legal Year
schemes. The Malaysian government runs a scheme through the Legal Aid Bureau, formed in 1970 and Malaysia 2018 (Royal Lake Club, Kuala Lumpur, 11 Jan 2018)
administered under the Legal Aid Act 1971. It offers assistance in most legal matters to the poor who List of Members without Sijil Annual/Practising Certificate for 2017
qualify, but not in criminal proceedings where the accused claims trial. as at 29 December 2017
Disciplinary Orders (November 2017)
The Bar Council runs its own legal aid scheme, established in 1983 and funded entirely from a Symposium on Constitutional Law: Rule of Law in Jeopardy? (10
mandatory annual contribution of RM100 each from members of the Bar. Hundreds of lawyers provide and 11 Jan 2018)
their services pro bono to handle a diverse range of cases. Legal Aid centres throughout Peninsular Banned books poser
Malaysia aid those who qualify based on a “means test.” Issuance of New Stamp Certificate and Stamp Official Receipt for
Payment of Stamp Duty through STAMPS Effective from 1 Jan 2018
The Malaysian Bar’s resources however are very limited and while we continue to do what we can, we Bar Council Library Update (27 Dec 2017)
have always emphasised that the provision of legal aid is the responsibility of the Government. This is in Press Release | Ensure Justice for Wang Kelian Death Camp Victims
line with the UN Principles. and Their Families
Lawyer: Change loans rule and pay direct to developer
Protecting Human Rights and Fundamental Freedoms
Applause in court: farewell to Lord Judge, the judge's judge
The UN Principles stipulate that in protecting the rights of their clients and promoting the cause of
justice, lawyers must uphold human rights and fundamental freedoms recognised by national and Minister: Study proposal on switch to Syariah law thoroughly (69
international law. comments)
Siri Pemikiran Kritis (Segmen Pertama), Sessi Pertama (36
Our experience in Malaysia has taught us that those in power tend to look upon lawyers who espouse comments)
such causes with disdain. The argument goes that lawyers should just defend their clients rather than Federal Court dismisses Lina Joy's appeal (35 comments)
become the un-appointed defenders of human rights. OPINION: Why I support the LPA amendments (31 comments)
Video links CJ to 'appointment fixing' scandal (29 comments)
A simple response is that section 42(1)(a) of the Legal Profession Act 1976 reminds lawyers that the Amaran kepada MCA (27 comments)
purpose of the Malaysian Bar shall be “to uphold the cause of justice without regard to its own interests Judge gives lawyer dressing-down over attire (26 comments)
or that of its members, uninfluenced by fear or favour”. I have referred to this merely as a reminder 2008 Bar Council Subscription (24 comments)
because even without this legislative imprimatur, we lawyers would play our role in upholding justice. It Penang Bar passes resolution on SRO Enforcement (23 comments)
is simply part of our duties as legal professionals. OPINION: LPA Amendments - "Stupid is as stupid does" (Forrest
Gump) (22 comments)
The Malaysian Bar remains true to these ideals. Our history bears testament to this.

During the 1988 Judicial Crisis when certain judges were suspended and removed through questionable Re:AMENDED CAVEAT FORM - BM VERSION by NURUL SYAFIQA
means, the Malaysian Bar stood by the institution of the judiciary, offering legal assistance and public BINTI MOHD IDRIS
support. Twenty years on in 2008, the Bar’s stand was vindicated when the Government acknowledged Re:application for consent to transfer and charge by NURADHILLA
the wrongs of 1988 by granting ex-gratia payments to the affected judges or their families. In 2007, BINTI MAZLAN
when most had allowed these events to be forgotten, the Malaysian Bar (together with the International application for consent to transfer and charge by SYAHIDA BINTI
Bar Association, Lawasia, and Transparency International) established a Panel of Eminent Persons to DZIARUDDIN
report on the formation, deliberations and findings of the two Tribunals that investigated these judges in Re:AMENDED CAVEAT FORM - BM VERSION by GRACY DHILLON @
1988. The Panel which included a former Judge of the Supreme Court of Pakistan and a former Chief GRACY ANTHONY
Justice of India delivered their report in July 2008, unanimously finding that the allegations and findings BNM Guideline on Expedite Issuance of Redemption Statement and
against these judges were unjust. Release of Original Title of Property by FATIN DAYANA BINTI YAHYA
Re:AMENDED CAVEAT FORM - BM VERSION by FAIRUZ LIYANA
On 26 September 2007, about 2000 lawyers together with other members of civil society walked from BINTI MOHD NOOR
the Palace of Justice to the Prime Minister’s office at Putrajaya to hand over a memorandum calling for
the formation of a Royal Commission of Enquiry into the now infamous “Lingam Videoclip”. This resulted show last 4hrs - 24hrs
in the formation of the Royal Commission before which the Bar appeared and played a vital role.
There are no upcoming events currently scheduled.
View Full Calendar
The revelations during the Royal Commission on the Lingam Videoclip provided added impetus for the
formation of an independent Judicial Appointments Commission (‘JAC’) which the Bar had proposed
even before the emergence of the videoclip. Progress in this regard has been slow, although recent
announcements suggest that the proposal is still being considered. Opponents of an independent JAC
seem more intent on protecting their own interest rather than doing what is in the interest of the
1 2 3 4 5 6 7
country. The Bar believes that an independent JAC, with little if any Executive involvement, is critical for
8 9 10 11 12 13 14
the country. It will reaffirm the fundamental principles of the rule of law and separation of powers, upon
which this country is built. It will also re-inspire public confidence in the independence and integrity of 15 16 17 18 19 20 21
the Judiciary that has taken a beating in the past 20 years. 22 23 24 25 26 27 28

29 30 31
These are just some of the more prominent causes espoused by the Bar; the list of all the causes we
support is very long and continues to grow. Opposition to the Internal Security Act, protection of the
land rights of aboriginal people, legal reform, commenting on draft legislation, promoting understanding
Circular No 012/2018 | Malaysia/Singapore Law Games and
of civil liberties – all these and many more are on the permanent agenda of the Bar.
Quadrangular Games 2018, Ipoh, Perak
Circular No 011/2018 | Seminar on Current Issues Affecting
Guarantees for the Functioning of Lawyers Conveyancing Practice (5 Feb 2018)
Circular No 010/2018 | Series of Seminars on Maritime Law (6 Feb 2018)
Getting back to the fundamental role of lawyers in representing our clients, I want to note that there Circular No 009/2018 | State-Level Briefings for Members Regarding the
has been an alarming trend of lawyers being hauled up for questioning by the police in politically Special Committee
charged cases. These lawyers were doing nothing more than representing their clients. They were Circular No 008/2018 | Talk on Mediation Advocacy — An Introduction,
summoned for questioning by the police for no better reason than that they were doing their jobs. Pahang (20 Apr 2018)
Circular No 007/2018 | CPD Camps 2018 (Johore | 22 Feb 2018)
To subject these lawyers to questioning when legal professional privilege clearly protects lawyer and (Terengganu | 8 Mar 2018)
client communication is completely unjustified. It amounts to nothing less than harassment and Circular No 006/2018 | Introduction to the Legal Profession (3 Feb 2018)

intimidation of lawyers. If lawyers are not protected, it simply means that every person’s right to legal Circular No 005/2018 | Orang Asli Outreach Trip to the Hulu Tamu Orang

representation is compromised and in turn their rights are compromised. Asli Settlement
Circular No 004/2018 | Latest Issue of Praxis (Oct–Dec 2017) Available
for Download on Malaysian Bar
In speaking up without fear or favour, the Bar has faced negative consequences. Our leaders have faced
Circular No 003/2018 | State-Level Briefings for Members Regarding the
contempt charges, sedition charges, and threats to their safety and security. We have been investigated
Special Committee
by the police and subjected to questioning on many issues. Most recently in the forum on conversion, I
as the President had to give statements to the police. The Bar has had two of its meetings stopped by SRO 2005 (English) (141696)
court orders. Rules of Court 2012 (122632)
Caveats (81234)
These acts of harassment and intimidation must cease completely. It is only when one has to face the Sample Letter of Complaint / Registration Form to lodge a Complaint
full force of the law or any abuse of power that one will truly appreciate the need for a fearless and (77336)
independent Bar. Redbook pamphlet (Malay) (70221)
Redbook pamphlet (English) (69350)
Those in power must recognise that safeguarding the independence of the Bar is as important as RED BOOK: Know Your Rights (English) (60682)
safeguarding the independence of the Judiciary. Justice PN Bhagwati, a former Chief Justice of India, BUKU MERAH: Polis Dan Hak-Hak Asas Anda (52061)
eloquently said that: Redbook pamphlet (46656)
Ijazah Sarjana Muda Jurisprudens - Risalah Program (45782)
“Those that fight zealously for the independence of the judiciary must surely know that is not enough.
We need to be equally zealous to fight for the independence of the Bar. To those who said ‘hands off the Crisis in the Judiciary
judiciary’ I add ‘hands off the Bar’”. Lina Joy v Majlis Agama Islam Wilayah Persekutuan & 2 Ors 2005
[CA]
Disciplinary Proceedings Video links CJ to 'appointment fixing' scandal
LAW & REALTY: Stamp duty payable
It is recognised that lawyers are not beyond reproach. Steps must be taken to ensure that lawyers who Malaysian Bar outraged by a woman detainee stripped naked and
misbehave are subjected to strict scrutiny and disciplinary action. The Malaysian Bar recognises this and forced to do ear squats
it was at the forefront of the setting up of an independent disciplinary process under the Legal LAW & REALTY: Tenancy Agreement
Profession Act. This is a complaints procedure for aggrieved persons and all complaints are scrutinised Walk for Justice: "When lawyers walk, something must be very
and given due consideration by the Disciplinary Board which operates independently of the Bar Council. wrong"
The Role of Public Interest Litigation In Promoting Good
The Bar Council takes the matter of adherence to legal ethics very seriously. We expect the highest Governance in Malaysia and Singapore
professional standards from the members of the profession. We have continuous professional Fawziah Holdings Sdn Bhd v Metramac Corporation Sdn Bhd 2005
development programmes to maintain standards and assist our members. We do not tolerate [CA]
dishonesty and we value public feedback on these issues. We know that our duty to the public must Jeffrey Jessie: Recognising Transexuals by Honey Tan Lay Ean
include ensuring, to the best of our ability, that they are protected. Naturally, as in any profession we Nazri launches the Red Book
have errant lawyers. They are however a small percentage of the majority who are professionals Siri Pemikiran Kritis (Segmen Pertama), Sessi Pertama
serving their clients interests in hundreds of cases in Court and in the corporate world on a daily basis.
OPINION: Do laws grind the poor, and rich men rule the law?
The public must however be left in no doubt that the Bar Council will not tolerate, nor condone,
Judge gives lawyer dressing-down over attire
dishonest or unprofessional conduct.
New kid on the blog: Dr Mahathir @ www.chedet.com

The Way Forward

The Bar Council has been called many names, most if not all of the time these labels are unflattering. MAZWAN PATHMA & CO
But this is something the Bar has lived with for years. It has not stopped us from doing what we think is CHEE AMIMI & ADRIAN HAN
right. We know that we are a thorn in the side for those who abuse human rights, ignore the rule of law S. KUPPUSAMY FADZIL & CO
and violate fundamental freedoms. We make no apology for that, because for those whose fundamental Fahda Nur & Yusmadi
rights and freedoms are abused and who face injustice and inequity because the rule of law is ignored, Messrs. Yee & Co
the Bar has been and will continue to be their strongest advocate. Sulaiman Zainal Abidin & Co
Low & Partners ( Penang Office )
Dato’ Ambiga Sreenevasan has been in practice for 26 years. She is the President of the Kheng Hoe
Malaysian Bar. Asbir, Hira Singh & Co ( Ipoh Office )
Asbir, Hira Singh & Co ( KL Office)
Email This Share Set as favourite
51029 registered
1 today
Comments (1)
29 this week
Subscribe to this comment's feed
1099 this month
Enhance the Rule of Law in small ways.
written by Tan Peek Guat, Thursday, November 06 2008 10:21 am

It will be good if all lawyers who share the ideal of "upholding JUSTICE" - really care to find time to
contribute their opinion towards this web site. Convicted Auschwitz guard Oskar Groening pleads for mercy
BBC & Premier League start 'Super Movers'
Every God is 'God of love'. Therefore, out of the ingrained 'loving' instinct in man, man ought to share Antwerp: Belgium building collapses in explosion
and care for one another - regardless of whatsoever their original race which is beyond their own Wallaby captured after hopping across Sydney Harbour Bridge
alteration. Donald Trump takes on Dick Durbin over 'racial slur'
Alexis Sanchez: Man City end pursuit of Arsenal forward
Otherwise, the other aspect of men would arise; which are jealousy, hatred and 'vengeance' - which Manchester United 3-0 Stoke City
could only get 'deeper' and 'deeper' all the time, while greatly 'hurting' "the others and not
Why the A380 never really took off
themselves" each time.
Biles 'abused by gymnastics doctor'
Cranberries singer Dolores O'Riordan dies suddenly aged 46
Lawyers need to set the anti-cycle to that - so as to enhance the RULE OF LAW whenever one can, or
Romania loses second PM in seven months
each time!
Cranberries singer Dolores O'Riordan dies
Tan Peek Guat Black Death 'spread by humans not rats'
Dion Dublin says black footballers 'stood on Cyrille Regis'
shoulders'
Venezuela helicopter attack: Pilot Oscar Pérez in bloody siege

Write comment
Active Mobility Act 2017 - Active Mobility Act 2017
You must be logged in to post a comment. Please register if you do not have an account yet. (Commencement) Notification 2018 (S 023 of 2018)
Professional Engineers Act - Professional Engineers (Amendment)
Rules 2018 (S 026 of 2018)
False Salary Declaration Offences Under the Employment of
Foreign Manpower Act
< Prev Next > Professional Engineers Act - Professional Engineers (Approved
[ Back ] Qualifications) (Amendment) Notification 2018 (S 028 of 2018)
Public Prosecutor v Siva Raman - [2018] SGHC 10
New Healthcare Services Act in 2018
Building Maintenance and Strata Management Act - Building
Maintenance and Strata Management (Strata Titles Boards)
(Amendment) Regulations 2018 (S 030 of 2018)
Professional Engineers Act - Professional Engineers (Code of
Professional Conduct and Ethics) (Amendment) Rules 2018 (S
027 of 2018)
Income Tax Act - Income Tax (International Tax Compliance
Agreements) (Multilateral Competent Authority Agreement on
Automatic Exchange of Financial Account Information) Order
2018 (S 029 of 2018)
Professional Engineers Act - Professional Engineers (Prescribed
Branches of Professional Engineering) (Revocation) Rules 2018 (S
025 of 2018)
Professional Engineers (Amendment) Act 2017 - Professional
Engineers (Amendment) Act 2017 (Commencement) Notification
2018 (S 024 of 2018)
Maritime and Port Authority of Singapore Act - Maritime and Port
Authority of Singapore (Designated Equity Interest Holder)
Notification 2018 (020 of 2018)
Common Gaming Houses Act - Common Gaming Houses
(Exemption) (No. 2) Notification 2018 (S 022 of 2018)
Requisition of Resources Act - Requisition of Resources Order
2018 (S 021 of 2018)
Maritime and Port Authority of Singapore Act - Maritime and Port
Authority of Singapore (Designated Public Licensee) Notification
2018 (S 019 of 2018)
Maritime and Port Authority of Singapore Act - Maritime and Port
Authority of Singapore (Disregarded Interests) Regulations 2018
(S 018 of 2018)
Maritime and Port Authority of Singapore (Amendment) Act 2017
- Maritime and Port Authority of Singapore (Amendment) Act
2017 (Commencement) Notification 2018 (S 017 of 2018)
Revised Edition of the Laws Act - Revised Edition of the Laws
(Rectification) Order 2018 (S 016 of 2018)
Sup Ct RC No 1 of 2017 - Issuance of the Admiralty Court Guide
State Courts RC No 1 of 2018: Employment Claims Tribunals and
a tribunal judge for the Community Disputes Resolution Tribunals
Tempted by bitcoin? It's caveat emptor
What is fiduciary duty?
1st female Syariah Court registrar steps down

PRAXIS Jan - Mar

2017

ADVERTISE HERE
 Search

©2002-2008 All Rights Reserved by Malaysian Bar Council, No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia Tel: +603-20502050 Fax: +603-20261313 Email:
council@malaysianbar.org.my Terms of Use