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Archive for AGM/EGM

ADR Report
by perakbar

Chairman : Mr. Choy Kam Lee

The Perak Bar Committee on ADR adjourned the following for the year :-

1. Mediation Skills Training in Ipoh on the 7th to the 11th February 2009.Members of the Perak Bar together with members of the judiciary attended the mediation course and I believe they enjoyed themselves. There were 21 participants of which four did not qualify to be mediators after an assessment

 

2. We also had a few Saturday Training practices for those who wanted to further sharpen their mediation skills.

 

3. On the 10th July 2009, we had a talk on Arbitration under the new Arbitration Act 2005 by My. Sundra Rajoo at the Perak Bar Secretariat. There were 19 members who gave their names intending to attend but on the day of the talk we only had 7 members attending. I hope that when talks are organized more members would attend in future.

 

Choy Kam Lee

 

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Posted at:
February 17th 2010

11:51

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ADR
AGM/EGM
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EGM Of The Malaysian Bar on 15th May 2009
by perakbar

 

The Malaysian Bar EGM will be held this Friday, 15th May 2009 3pm at the Dewan Sivik, Majlis Perbandaran Petaling Jaya, Jalan Yong Shook Lin, 46675 Petaling Jaya whereby the following motion is being proposed. All Perak Bar members are strongly urged to make all efforts to attend so as to enable the quorum of 500 to be attained and for the motion to be passed.

 

Motion

Whereas on the night of 7 May 2009, five members of the Kuala Lumpur Legal Aid Centre, Fadiah Nadwa binti Fikri (Secretary), Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal (Chairperson) and Syuhaini binti Safwan (collectively known as the “LAC Lawyers”), in their capacity as Advocates & Solicitors, had requested the police at the Brickfields Police Station for access to the detained persons who were arrested that same night whilst holding a candlelight vigil at the same Police Station over the recent arrest of political scientist Wong Chin Huat.

 

Whereas Article 5(3) of the Federal Constitution entrenches the fundamental right of a person to consult and be defended by the legal practitioner of his/her choice. Further, sub-sections 28A(2) to (7) of the Criminal Procedure Code (“CPC”) set out in detail the rights of arrested persons including their right to communicate and consult with a legal practitioner of their choice.

 

Whereas the Police denied the LAC Lawyers access to the detained persons, the Police, without any reasonable grounds, proceeded to arrest the LAC Lawyers and only released them on police bail the following day at around 3 p.m., notwithstanding the repeated requests by other lawyers for their immediate release.

 

NOW IT IS HEREBY RESOLVED THAT THE MALAYSIAN BAR:

Strongly condemns and denounces the wrongful arrest, detention and interrogation of the LAC Lawyers.

Strongly condemns and denounces the blatant transgression of the rule of law and the constitutional right of every person to counsel and access to justice.

Strongly condemns the unnecessary arrest and detention of those exercising their constitutional right to assemble peaceably.

Strongly condemns the arbitrary, improper and frequent resort by the police to section 28A(8) of the Criminal Procedure Code, thus denying an arrested person access to counsel and making the right provided under section 28A(3) meaningless.

Strongly condemns and denounces the appalling treatment of the LAC lawyers and all those held in custody, including compelling them to wear lock up uniforms and unnecessarily handcuffing them.

Strongly condemns and denounces the Police for deliberately refusing to disclose to their family or their lawyers any information in relation to the LAC lawyers after their arrest, including their location and their next course of action.

Calls upon the Inspector-General of Police to take immediate disciplinary action against the police officers responsible for the unlawful arrest of the LAC Lawyers and in particular, the OCPD of the Brickfields police station for this shameful incident.

Calls upon the Inspector-General of Police to take full responsibility for, and to explain, this gross abuse of police power.

Calls upon the Government to be committed to and to uphold the Rule of Law as enshrined in the Federal Constitution.

Reiterates its previous calls on the Government to establish the Independent Police Complaints and Misconduct Commission (IPCMC) in its original form to serve as an independent external oversight mechanism.

Calls on the Government of Malaysia to uphold and defend the fundamental rights of advocates and solicitors to discharge their responsibilities to their clients in an environment free from threats and intimidation and unhindered by law enforcement agencies.

 

Proposed by: Ragunath Kesavan

Dated: 8 May 2009

 

 

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Posted at:
May 14th 2009

16:32

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AGM/EGM
Circulars

Overview of The Annual General Meeting
by perakbar

Date: 20 February 2009

Venue: High Court No.1

Quorum: 5% of all members

Attendees: 137

 

This being my first time attending the Annual General Meeting (AGM) it was interesting to see how the meeting was conducted and what it entailed. The AGM as a whole was well-structured; this was to enable discussions about various issues to be aired in an orderly manner.

 

Firstly, the Perak Bar Chairman mentions quorum in order to ascertain that there are enough members to proceed with the AGM. This was certainly not a problem on this day as there were sufficient numbers. Then, we had to observe a minute of silence as a gesture to honour those Perak Bar members that had passed away. I personally feel that this is indeed a tradition worth keeping; it instills a sense of respect and gratitude in the hearts of the remaining. After that, we moved on with the agenda, the various reports by the Chairman and committee members and also accounts. This is to ensure that any ambiguities are clarified and mistakes rectified. I observed that quite a number of questions were posed to the Chairman, which was ably handled by him. It was enlightening to see that members of the Bar were passionate about many issues. Furthermore, it clearly highlights that we, the Perak Bar, are certainly not lacking in the department of inquisitive and analytical minds. An example of pertinent issues that were discussed:

 

Discrepancy between 2007 and 2008 accounts for Perak-Penang Bar games;

Whether the building – lower court room – remained a liability and the question of whether it is a fixed asset;

Depreciation;

Legal aid disbursements; and

Library allocation.

 

At one point there was also a slightly heated debate as to unpaid annual dinner bills by certain members of the Perak Bar. One of the proposals was to compile a defaulters list, which would be printed in the next annual report. It is interesting to note that many members of the Bar supported this idea. If I am not mistaken, this proposal has been adopted and should thus be implemented. I suppose the name of the game is shame. Another intriguing proposal was this: to simply deny entry to those who turned up on the night itself unless payment was made there and then. However, there lies the question of whether those manning the registration table would have the heart to turn ‘gatecrashers’ away. After all the latter are fellow colleagues, who presumably are dressed to the nines on that special occasion. Would anyone have it in them to say no?

 

There were also open nominations for the position of Chairman and election of committee members. For those of you who might not know already, I am proud to announce that Mr Shan Theivanthiran remains as Chairman of the Perak Bar Committee for the year 2009/2010. Also, many committee members from the previous year have remained for this new year. In addition, there is a new committee member, namely Mr Stephen Su. I would like to congratulate those who have been appointed and wish them all the best in their endeavours.

 

Lastly, Mr Ngan raised the matter about the current Professional Standards and Ethics Course, which includes an Ethics lecture programme and a written examination at the end. Pupils must complete the course in full and pass the written examination. One of the issues that he voiced out was whether a paper-based examination is a sufficient tool in determining whether one is or is not ethical? He stressed upon the need for ethics to be learnt through experience. Therefore, it should be an ongoing process.

 

At this juncture may I be permitted to give my two cents’ worth? I am a pupil. Thus, I will have to sit for this examination as part of the requirements to be called to the bar. I have not sat for the examination. I will very soon. The little that I know about the examination is through word of mouth: other pupils’ experience. Apparently the examination is in an open book format, which means that we are permitted the use of the Ethics course materials. I have read the Ethics course materials and most of it seems readily understandable. Therefore, is it a simple case of regurgitation of information in the examination? Are there analytical skills involved? I will have to see. However, this I do know – it is of vital importance that lawyers are ethical in their line of work. We have a duty to uphold justice and as such should adhere to ethical standards. Therefore, there must be a starting point for lawyers to learn to be ethical in their profession. This bedrock or foundation is the Professional Standards and Ethics Course. Of course I can imagine that no one likes sitting for an examination. The nervousness and anxiety one goes through can wreak havoc to our minds. Often one of the complaints about this course is that it is too exam-oriented.

 

However, I still believe that we do need some sort of springboard upon which we can launch our young legal minds to embrace ethical issues. The course and examination will simply be a catalyst in this respect. At least pupils will be made aware early on of the role of ethics in the legal profession. We have to bear in mind that adhering to ethical standards will require time and determination. This is not a one-off lesson but a continuing and evolving process. The course is not the be all and end all of ethics. So is it time to abolish the current Professional Standards and Ethics Course? Not at this stage I think. However, much can be done to revamp this course e.g. improving and enhancing course content, focusing on real understanding rather than just a desire to pass an examination and possibly providing e-tutorials and mock assessments as additional support. This will be food for thought.

 

Submitted by Julia Tang

 

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Posted at:
February 23rd 2009

12:52

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AGM/EGM
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