In the first Bar Council meeting held immediately after the AGM, the following Office Bearers were elected for the 2009/2010 term:
President Ragunath Kesavan
Vice-President Lim Chee Wee
Secretary George Varughese
Treasurer Tony Woon Yeow Thong
The report of the Advocates and Solicitors’ Disciplinary Board was of particular interest to the Members. Members voiced concerns over the touting problem, and implored the Disciplinary Board to take action. Several Members objected to the practice of naming and shaming Members who are called up by the Disciplinary Board, citing that it is unnecessary save where a Member has been suspended or struck off the Roll.
Other Members felt that naming and shaming is a great disincentive to all Members, and should be continued. The President said the practice will continue as the sanctions meted out by the Disciplinary Board, although a private tribunal, are made known to Members of the Bar. The President also assured Members that the Disciplinary Board will take action against touts but Members will have to lodge specific complaints to warrant action being taken.
Members complained about the difficulty in accessing and retrieving court files, as many files are allegedly misplaced or go missing, and court registry staff are rude and uncooperative. The President said that the Bar Council can take this issue up if Members lodge complaints and provide details of the specific incidents and the persons involved. The State Bar Committee Members can then highlight these specific incidents during their regular meetings with the Judiciary.
Members were divided over the efficacy of the newly-implemented fast track system at the Kuala Lumpur Courts. Some expressed disappointment with it and called for its abolishment while others commended it for ensuring the expedient disposal of cases. The President called on Members to be patient with the system and to give it a chance to function effectively.
During the discussion relating to the report of the Solicitors’ Remuneration Enforcement Committee, the President highlighted the Committee’s meeting with Bank Negara Malaysia where several issues were raised, including acts by certain banks inciting solicitors to breach the “No Discount Rule” and bank officers asking for discounts or giving discounts under the guise of “free legal fees”. She clarified that Bank Negara Malaysia officials had unanimously agreed that all banks must comply with the Solicitors’ Remuneration Order (“SRO”). Bank Negara Malaysia has given its assurance that action will be taken against banks who breach the SRO if full and specific details are provided. The President informed Members that the Bar Council had written to banks to inform them that action can be taken against them if they ask lawyers for discounts, and that the Committee would look into this matter again.
The lively debate on the Bar Council’s motion on SRO enforcement centred around these main points:
● The reasons for needing to revoke the Solicitors’ Remuneration (Enforcement) Rules 2004 made under section 57(a) of the LPA and to provide for fresh rules to be made under section 77;
● Whether the increased powers proposed to be given to the Bar Council to enforce the SRO were too wide and a breach of solicitor-client privilege;
● Whether considerations of service to the public, and public interest, ought to be taken into account in deciding whether to allow for discounting of scale fees; and
● The experience in other jurisdictions that had discontinued scale fees and allowed discounts.
The results of the ten motions are as follows:
1) The motion on setting up a Self-Insurance Fund as an alternative to the present Professional Indemnity Insurance Scheme, by the Bar Council: Motion was unanimously carried.
2) Usul berkenaan hak-hak Orang Asli, dicadangkan oleh Majlis Peguam (Motion on indigenous peoples’ rights, by the Bar Council): Amended motion was unanimously carried.
3) Motion on detention without trial laws, by the Bar Council: Motion was unanimously carried.
4) Motion on deaths in custody, by the Bar Council: Motion was unanimously carried.
5) Motion on detention of P Uthayakumar, M Manoharan, R Kengatharan and V Ganabatirau under the ISA, by M Manogar: Amended motion was unanimously carried.
6) Motion on SRO Enforcement, by the Bar Council:
a) Amended motion on paragraph 1 was put to a vote, but was not carried: In favour – 89, Against – 140, Abstentions – 5.
b) Amended motion on paragraph 2 was put to a vote, but was not carried: In favour – 70, Against – 155, Abstentions – 6.
c) Paragraphs 3 and 4 were withdrawn.
7) Motion on hillside development, by the Bar Council: Motion was unanimously carried.
8) Motion of censure against Bar Council 2008/2009, by Major Dato’ M S Murthi: Motion was put to a vote, but was not carried: In favour – 4, Against – 122, Abstentions – 0.
9) Motion of no-confidence against Bar Council 2008/2009, by Major Dato’ M S Murthi: Withdrawn.
10) Motion on the Draft Rules to govern meetings of the Malaysian Bar, the Bar Council and the State Bar and its Committees, by P Suppiah: Withdrawn.
http://www.malaysianbar.org.my/
RAGUNATH KESAVAN IS NEW PRESIDENT OF BAR COUNCIL
INTERNATIONAL WOMEN OF COURAGE AWARDS
2009 International Women of Courage Awards
Hiliary Clinton's Introductory remarks on Ambiga Sreenevasan below. Congratulation Ambiga.
Ambiga Sreenevasan, has a remarkable record of accomplishment in Malaysia. She has pursued judicial reform and good governance, she has stood up for religious tolerance, and she has been a resolute advocate of women’s equality and their full political participation. She is someone who is not only working in her own country, but whose influence is felt beyond the borders of Malaysia. And it is a great honor to recognize her and invite her to the podium.
Ambiga Sreenevasan Speech (video) at American State Department Washington
The First Lady Mrs. Obama, Madame Secretary Hillary Clinton, ladies and gentlemen, I am humbled to be in the company of seven extraordinary women receiving this award for courage, and I am deeply honored to now speak on their behalf and on mine.
We accept this award in all humility, remembering that we have been fortunate in being singled out from among countless courageous women in our countries who are dedicated to the cause of equality and justice.
It is also timely for us to remember all the women in other conflict-ridden territories, like Palestine and other countries, who have to show courage every single day in their struggle to survive and to keep their families together.
Each of us fights causes that promote equality and justice, and by presenting us with this award you honor those causes and all the people who work tirelessly for them with unflinching dedication.
This award will help to bring to the international stage our voices and our advocacy on these important issues. This occasion gives us an opportunity to reflect on the importance of the rule of law in promoting the rights of women around the world. When the rule of law is upheld, equality is upheld, the cause of justice is upheld, and human rights are upheld.
Today, we are witnessing a struggle for the souls of our nations, taking place between the forces of the old and the forces of change. We see our commitment to the rule of law, fundamental liberties, and the independence of our institutions being tested. The strength of our nations will depend on how well they withstand this test.
There are those who claim that democracy is a Western concept and is unsuitable elsewhere. There are yet others who perpetrate injustices behind a veneer of democracy. We say that democracy is universal, and a true democracy and the rule of law will prevail when the collective voices of the people are raised in its support.
On my part, I have for the past two years had the privilege to lead and serve the Malaysian Bar, a professional organization consisting of approximately 13,000 lawyers. History will bear testament to the fact that the Malaysian Bar has always been true to its first article of faith, to uphold the cause of justice without regard to its own interests or that of its members uninfluenced by fear or favor. In a sense, I was merely stepping into the shoes of the many other brave leaders of the bar who came before me, whereas many of the awardees today are pioneers in their struggle for justice.
This award has given us the opportunity which we would not otherwise have had, to share our stories, our successes, our failures, to reach out across our borders and to establish a base upon which we can build a meaningful network of support. These stories must be told in all our countries. By this experience, we are both enriched and enraged; enriched by what we have shared, and enraged that so many of our sisters endure intimidation and suffering in their countries. Nevertheless, ours is a message of hope that something has been achieved, despite the odds.
Martin Luther King said, “Injustice anywhere is a threat to justice everywhere.” This means that although we may come from different walks of life, our struggle is common. And each success is a success for all, just as each failure is a failure for all. When we unite on a human rights platform, whether domestically or internationally, above politics and political alliances, we create more enduring partnerships and relationships. When we pursue freedom and empowerment for others, we reaffirm and protect our own.
In my interaction with the other awardees present here today, it was evident that the passion we feel for our causes is driven by the love of our homelands and our people. That, in turn, drives our passion for what is right and what is just. Our people deserve nothing less. We all believe in striving for ideals that are– if I may borrow the words – self-evident; namely, the ideals of truth, justice, goodness, and universal love and understanding. Our stories are a testament to the universality of these ideals.
We are truly and deeply honored by this award, more so, when it comes from you, Madame Secretary, yourself a woman of courage, who has inspired women around the world to reach great heights. Your untiring efforts in championing women’s rights worldwide are well known. Your immortal words that, “Human rights are women’s rights, and women’s rights are human rights,” resonate with all of us here.
We would also like to express our deep admiration for the First Lady Mrs. Obama, and we would also like to express our appreciation for your sharing this moment with us. Madame Secretary, on behalf of all the awardees, I thank you. And we accept the honor with humility and pride. Thank you.
http://www.state.gov/secretary/rm/2009a/03/120285.htm#
