Showing posts with label Malaysian Bar protest. Show all posts
Showing posts with label Malaysian Bar protest. Show all posts

Monday, October 20, 2014

Malaysia lawyers march against Sedition Act


By Sumisha Naidu. Posted on 16 Oct 2014 18:10 by Channel NewsAsia.

Suited up, under the blazing sun, hundreds of Malaysia's lawyers and their supporters marched on Parliament on Thursday (Oct 16) in a rare demonstration of discontent against the nation's Sedition Act.

Chris Leong, President of Malaysian Bar Council, said: "The Sedition Act is repugnant because the Sedition Act seeks to compress and restrict democratic space. It punishes speech. It punishes expression of thought by thinking Malaysians."

This was only the fourth time in the Malaysian Bar Council's more than 60-year history that it has staged a demonstration such as the one on Thursday. But the Council said the protest was necessary to pressure Prime Minister Najib Razak's administration to fulfil its promise. Mr Najib had pledged to repeal the Act two years ago - an Act the British had introduced in the 1940s to curb dissent against colonial rule.

But since March last year, the Council believes at least 30 people have been investigated or charged for sedition. One of them was student activist Adam Adli, who has been sentenced to a year in prison for allegedly seditious comments he made during a talk about the results of Malaysia's 13th general elections.

"The way I look at it was that I didn't really create any unrest among the people," he told Channel NewsAsia. "What I did was I create unrest among the government, those in charge in the office, and that's why I was charged and convicted."

Aidila Razak, a journalist, said: "My colleague Susan Loone, she's also assistant editor at Malaysiakini, she heads the northern bureau. She's been arrested for actually just doing her job, and I think that's really repulsive. It has nothing to do with sedition, she was just reporting what other people had said."

Dubbed the "Walk for Peace and Freedom", representatives from the Bar Council had hoped to submit a memorandum to Mr Najib. But they were just as happy that a Minister in the Prime Minister's Office, Mah Siew Keong, had received them. "We had a fruitful discussion and he had assured us that all of [the lawyers'] views contained in a memorandum addressed to the prime minister will be conveyed to the prime minister," he said.

The Malaysian government has said it will consider abolishing the Sedition Act when its intended replacement, the National Harmony Bill, is ready. But analysts suspect the prime minister may renege on his pledge to repeal the Act altogether.

There are many strong advocates for the Act within Mr Najib's party. And they argue the Act is to safeguard national unity. "Walk against sedition has not made an impact because most Malaysians want safeguards against racially/religiously offensive speech," tweeted Youth and Sports Minister Khairy Jamaluddin.

Tricia Yeoh, Chief Operating Officer, Institute for Democracy and Economic Affairs, said: "There would be some quarters who believe the Sedition Act should either be abolished, or maybe tempered down, so that it's not so harsh. But that would receive a huge backlash from other side of the ruling party, which believes that there should be a stronger reaction from the government when there are criticisms being made."

Still, the Malaysian Bar Council is undeterred. It says the walk is just the beginning of a long and sustained campaign, one that it hopes will lead to the revoking of the Sedition Act once and for all.


By Shannon Teoh. Published by The Straits Times on 16 Oct 2014.
NEARLY 500 Malaysian lawyers braved the noon day heat in their suits and ties to protest this year's "sedition blitz" outside Parliament building on Thursday morning, saying they were dutybound to fight an unjust law.
Over 20 people, including academics, lawmakers and students, have been hauled up for questionable offences under the Sedition Act, such as insulting the ruling Umno party and saying top judges have erred in case decisions. Some of them have been convicted.
This is despite Prime Minister Najib Razak's pledge in 2012 to repeal the law as part of a raft of democratic reforms to win over liberal voters in last year's general election. Critics say the Sedition Act is used to stifle political dissent.
Link: http://www.straitstimes.com/news/asia/south-east-asia/story/malaysia-lawyers-protest-against-sedition-act-urges-najib-honour-his

BY MUZLIZA MUSTAFA. Published on 16 October 2014 by The MalaysianInsider.
For the fourth time in its history, the Malaysian Bar today rallied, this time, against the Sedition Act 1948 demanding that Putrajaya repeal the colonial-era law, which in recent weeks had been used against opposition politicians and activists.
In a fiery speech at the start, Bar Council president Christopher Leong said the act was created to shut people up and Putrajaya was using it just to do that.
“This is an unprecedented abuse against lawyers, students, journalist and civil society. We are here to claim back the democratic public place. As much as you may try, you cannot stop our freedom of expression, our thoughts. We will ask why," said Leong.
Despite the heat, hundreds of lawyers in suits gathered at Padang Merbok from 9.40am today for the “justice and freedom walk against the Sedition Act”.
The Malaysian Bar previously walked in protest against the Peaceful Assembly Act in 2012, against allegations that judicial appointments were fixed in 2007 and amendments to the Societies Act in 1982.
The group began walking towards the Parliament at about 11.40am, with lawyers holding placards and banners, chanting "Hidup Hidup Rakyat" (Long live the people) and "Mansuh Mansuh Akta Hasutan" (Abolish Sedition Act).
About 10 of them will be going into the Parliament to hand over the memorandum to the representative of the Prime Minister's Department, calling for the Sedition Act to be abolished.
Leong said the group then met with Minister in the Prime Minister's Department Datuk Mah Siew Keong and handed him the memorandum that called upon Prime Minister Datuk Seri Najib Razak to repeal the Sedition Act as he had promised in 2012.
In the memorandum, the Malaysian Bar also urged Najib and Putrajaya to commit and promote the building of a fair, just, harmonious, unified, moderate, progressive Malaysia and reject all forms of bigotry, racist and religious extremism.
After the meeting, Leong, in a statement, admitted that changes would take time and said that the Bar Council would continue to play its role within the period.
"We are saying that you cannot punish people because they are expressing their thoughts, because you did not like what they said or because you did not agree with what they said.
"The Sedition Act is in fact a counter-productive measure to better Malaysian.”
He said the Malaysian Bar was aware that there were some fault-lines when it came to a multiracial country but the fault-lines should not be dealt using the act.
"We have to deal with it through dialogues and exchanging of ideas.”
Putrajaya embarked on a sedition blitz in recent weeks even after Najib had continued to give assurance that he would abolish the draconian law.
However, Putrajaya was also facing pressure from Umno grassroots and some Malay groups to retain the law, which they said would protect the position of the Malays, Islam and the monarchy.
The prime minister also appeared to renege on his promise with a statement from his office that said Putrajaya would tread carefully with the Sedition Act as it had not yet decided whether to go for a complete repeal, to retain it with amendments, or to introduce new laws.
The statement was contradictory to Najib's pledge two years ago to repeal the Sedition Act and replaced it with a National Harmony Act.
Among those who have fallen under the sedition dragnet are PKR vice-president N. Surendran, who was charged twice last month with sedition, Shah Alam MP Khalid Samad, Seri Delima assemblyman RSN Rayer, Sabah politician David Orok, and Universiti Malaya law professor Dr Azmi Sharom and preacher Wan Ji Wan Hussein.
Published by Today Online Singapore, on 17 Oct 2014.

Ten lawyers acting as representatives for the group then delivered a note to Mr Mah Siew Keong, Minister in the Prime Minister’s Department, who received the document on behalf of Mr Najib.

Saying that the parties had a “fruitful discussion”, Mr Leong added that Mr Mah had given his assurance that he would convey the views of the Malaysian Bar, which represents 16,000 lawyers in Peninsular Malaysia, to the Prime Minister.

“We ask the Prime Minister and government to take into account our views and that he remains steadfast in his pledge and promise made in July 2012 to repeal the Sedition Act,” said Mr Leong outside Parliament.

The lawyers also called for a moratorium on the use of the law, which dates back to 1948 when Malaysia was under British rule.

Before the march started, Mr Leong told reporters that about 13 foreign Bar associations had written to Mr Najib in support of the Malaysian Bar’s campaign.

The Prime Minister described the Sedition Act in July 2012 as the representative of a “bygone era” and said he would replace it with legislation aimed at preventing incitement of religious or ethnic hatred.

However, last month, his office said there would not be a rush to change it, as human rights group Amnesty International and Malaysian civil groups called on him to honour his earlier vow, with more people being charged under the law in recent months.

As a replacement to the Sedition Act, Mr Najib has proposed the National Harmony Act, which he has said would protect freedom of expression. The government has not started drafting the law, however, said a statement from the Prime Minister’s Office last month.

Before the new law comes into place, existing cases under the current Act must be tried under current rules, the government said in August.

Amnesty International Malaysia said last month that the increasing use of the act was fostering a “climate of repression”. From January to September, 12 cases — some involving lawmakers, academics and student — were prosecuted under the Sedition Act — the highest figure since 2009.

Wednesday, August 15, 2012

Malaysians Protest Against Changes to Internet Law #Stop114A




Published by BBC News on 14 August 2012.

Malaysian activists and bloggers are staging an online black-out for one day to protest against changes to a law they say restricts free speech online. They have replaced their home pages with black screens critical of the Evidence Act, revised in April, for Internet Black-out Day.

Critics say the law makes people unfairly liable for content published from networks and personal devices.

Officials deny the change is meant to silence critics ahead of an election. The revised law means that Malaysians could get into trouble even if their devices or internet connections have been hacked into, critics say.

The Centre for Independent Journalism in Malaysia said the revision was "a bad law passed in haste and does not take into account public interest and participation", said the Agence-France Presse news agency.

Critics want the law to be changed or scrapped completely. Premesh Chandran, founder of online news site Malaysiakini, said that the burden of proof on internet users was unfair. "In other words, if defamatory comments are posted on a blog, the blog owner is likely to be sued or charged with criminal defamation," Malaysiakini said in a statement on its website.

The internet has been key to helping sway a large number of voters from supporting the governing coalition, says the BBC's Jennifer Pak in Kuala Lumpur. Online media has also exposed corruption scandals among the governing parties, who have been in power for nearly 55 years, our correspondent adds.

Related reports:
Malaysia's prime minister said he would review a legal amendment that critics claim threatens free expression online after they staged a one-day "Internet blackout" on Tuesday. Prime Minister Najib Razak, facing mounting pressure ahead of looming elections, said on Twitter that he had asked the cabinet to discuss the controversial new section of the Evidence Act.

A series of prominent websites, including those of the Malaysian Bar Council, the opposition Democratic Action Party, and news portals Malaysiakini, Free Malaysia Today and BFM Radio, were either blacked out voluntarily or featured a pop-up message: Stop 114A. In the early evening, Mr. Najib responded on his personal Twitter account, saying "I have asked Cabinet to discuss section 114A of the Evidence Act 1950. Whatever we do we must put people first."

The Malaysian Bar appreciates that the problem of anonymity on the Internet is of a different nature to that in the print media.  Persons hiding behind the cloak of a false persona can incite racial hatred, incite and organise violent hate crimes and commit fraud and escape being identified.  Hence there is a need for some statutory intervention to ensure criminal elements do not exploit the anonymity that the Internet can provide to escape the consequences of their actions. However, the Malaysian Bar is of the view that the recently-introduced section 114A of the Evidence Act of 19501, which came into force on 31 July 20122 , is not the answer to these problems, and should be repealed.  Suitable replacement legislation can be enacted later, if necessary, but only after full consultation with all stakeholders.

Deputy Higher Education Minister Datuk Saifuddin Abdullah, Umno Youth chief Khairy Jamaluddin, and MCA Senator Gan Ping Sieu added their backing to a growing chorus of protest against the new law.

The blackout also garnered international attention with Wikileaks and BBC picking up on the issue yesterday, while the Association of the Computer and Multimedia Industry of Malaysia (Pikom) also echoed the need for a review of the law. In a statement to Digital News Asia, Pikom president Shaifubahrim Saleh said the amendment may "appear to lower the bar for the prosecution of potentially innocent parties".

http://news.malaysia.msn.com/regional/malaysia-to-review-law-after-web-blackout-protest-2
Malaysia has long been known for its authoritarian rule but Najib, who came to power in 2009, has launched a campaign to repeal some repressive laws to gain voter support. However, the opposition and rights groups have dismissed the drive as a sham, saying that various laws introduced to replace the previous legislation have been little better than the old statutes.

Tuesday, November 29, 2011

Walk For Freedom 2011




Lawyers end march, say to keep up pressure on assembly law

The Bar Council warned the Najib administration today it will “continue knocking on the doors of Parliament” if the Peaceful Assembly Bill is passed without public consultation.

Malaysian Bar President Lim Chee Wee urged the government to consider the council’s proposed alternative to the government’s original Bill, which he described as an “unjust law made in haste ... which will impose unreasonable and disproportionate fetters on freedom of assembly”.

“The Bar will continue knocking on the doors of Parliament if the Bill makes it to the statute books in its current form. We will not give up hope,” he vowed during a brief press conference in Parliament here.

http://www.themalaysianinsider.com/malaysia/article/lawyers-end-march-say-to-keep-up-pressure-on-assembly-law

Bar Council presents alternative assembly bill

The Bar Council has made public its alternative to the controversial Peaceful Assembly Bill, saying it takes “significantly different approaches” from the one the Dewan Rakyat passed today.

The council said in a media statement that its draft, also called the Peaceful Assembly Bill, complied with international conventions. It gives every person, regardless of age, the right to assemble peacefully.

http://www.freemalaysiatoday.com/2011/11/29/bar-council-presents-alternative-assembly-bill/

More than 2,000 lawyers gather to protest Assembly Bill

More than 2,000 lawyers from the 14,000-strong Bar Council turned up for the much-anticipated protest despite the short notice given. They began begin their 2.5km 'Walk for Freedom' to Parliament at around 12.30pm.

On reaching the august House, president of the Bar Lim Chee Wee and 9 others were allowed into the lobby. They handed over a copy of the Bar's alternative Bill to Deputy Minister Liew Vui Kong, plus a letter reiterating their call to MPs to vote wisely on the Bill.

“We are not anti-government or pro-opposition. We are anti-injustice and anti-unconstitutionality. We are pro-justice and pro-rule of law. We have always worked closely with the government,” Lim said.

http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=23657:more-than-2000-lawyers-gather-to-protest-assembly-bill-walk-to-begin-soon&Itemid=2

Lawyers march against Assembly Bill

More than 1,000 members of the Bar Council marched to the Dewan Rakyat today to protest the proposed the Peaceful Assembly Bill 2011.

Led by their president Lim Chee Wee, they asked MPs not to pass the controversial Bill, claiming that it would curtail the right to peaceful assembly.

Lim said that Malaysia was founded on public demonstrations, citing founding father Onn Jaafar’s leading of the Malayan Union against the British.

He also pleaded to the MPs not to rid Malaysians the right to assemble peacefully “with the stroke of a pen”.

http://www.freemalaysiatoday.com/2011/11/29/lawyers-march-against-assembly-bill/

Malaysia passes ban on street protests

Malaysian and international rights groups describe it as repressive because it bans street rallies and imposes tough restrictions and penalties for demonstrators.

The law was announced only last week, and some critics say the vote was rushed without proper public consultation.

About 500 lawyers and their supporters marched to parliament hours before the vote, urging lawmakers to reject the bill and chanting "freedom to the people'' before police stopped most of them from entering the complex.

http://www.aljazeera.com/news/asia-pacific/2011/11/201111299054994173.html?utm_content=automateplus&utm_campaign=Trial6&utm_source=SocialFlow&utm_term=tweets&utm_medium=MasterAccount#.TtTR3pmqa6A.facebook

Malaysia’s ruling coalition advances ban on street protests criticized as repressive

Prime Minister Najib Razak’s ruling coalition says the Peaceful Assembly Act is intended to strike a balance between public order and the right to peaceful assembly. The act passed easily in Parliament’s lower house after the boycott, and the law is expected to be enforced after Parliament’s upper house, also dominated by the National Front coalition, approves it as early as next month.

http://www.washingtonpost.com/world/asia-pacific/500-malaysian-lawyers-activists-stage-protest-march-against-govt-plan-to-ban-street-ralllies/2011/11/29/gIQA2il36N_story.html?utm_medium=twitter&utm_source=twitterfeed

Opposition MPs walk out, refuse to vote on Peaceful Assembly Bill

Opposition MPs staged a walkout during the debate on the Peaceful Assembly Bill 2011 on Tuesday, claiming that the Government was rushing the bill through.

The entire bench stood and left the House at around 3pm after the Speaker allowed the debate to continue despite calls for it to be suspended and for the bill to be referred to a Parliamentary Select Committee.

http://thestar.com.my/news/story.asp?file=/2011/11/29/nation/20111129153616&sec=nation

Peaceful Assembly Bill passed

KUALA LUMPUR: The Peaceful Assembly Bill 2011 was passed by Parliament Tuesday after six amendments were made to the bill.

The bill was passed with no dissenting votes after the Opposition refused to take part in the debate and staged a walkout.

The walk-out was staged before Minister in the Prime Minister's Department Datuk Seri Nazri tabled six amendments to the bill.

The bill was passed before Deputy Speaker Wan Junaidi Tuanku Jaafar.

Speaker Tan Sri Pandikar Amin Mulia had allowed just three Opposition MPs to debate the proposed law.

The Opposition had asked for it to be retracted and put before a Parliamentary Select Committee for review.

The six changes include Sub-Clause 9 (1), where the 30-day notice period required to be given to the police was changed to 10 days.

Under Clause 12 (b), objections against a proposed assembly must be lodged with the police in writing within 48 hours, instead of five days.

For Clause 14, the change included the provision for police to give a reply to organisers within five days instead of 12.

In Clause 16(a), appeal against the rejection of an application or the exercise of police discretionary orders to organisers can be done within 48 hours of receipt, instead of four days while under Clause 16(b), the Home Minister is to answer any appeals within 48 hours of receipt instead of six days.

http://thestar.com.my/news/story.asp?file=/2011/11/29/nation/20111129164017&sec=nation

Hello MP, kami sedang perhatikan cara awak undi

Meminjam konsep bekas presiden Majlis Peguam, Datuk Ambiga Sreenevasan yang mahu setiap ahli parlimen "bertanggungjawab kepada pengundi mereka", warga maya melancarkan kempen mengingatkan wakil rakyat mereka bahawa corak pengundian mereka berhubung rang undang-undang kontroversi itu akan juga ditentukan pada pilihan raya akan datang.

Melalui kempen yang dikenali sebagai '#HelloMP' warga maya memuat-naikkan gambar mereka memegang sehelai kertas dengan nama kawasan pilihan raya dan wakil rakyat, menggesa mereka menolak rang undang-undang itu di Facebook.

http://www.malaysiakini.com/news/182714

Govt paranoid, says Ambiga

BERSIH chairman Datuk Ambiga Sreenevasan claims the Peaceful Assembly Bill 2011 is a "paranoid" Bill.

Asked if the proposed legislation was a retaliation against Bersih 2.0, she said: "I do not know whether it is a direct retaliation.

"I think it is a paranoid Bill. I think the government seems to fear the idea of the rakyat expressing themselves."

Ambiga said this before the Bar Council organised walk from Lake Gardens to Parliament building yesterday.

http://www.mmail.com.my/content/86739-bar-courting-trouble

Monday, July 25, 2011

CALLING FOR PUBLIC SUBMISSION OF EVIDENCE AND INFORMATION ON ALLEGATIONS OF VIOLATIONS OF HUMAN RIGHTS PRIOR TO AND DURING BERSIH RALLY




The Human Rights Commission of Malaysia (SUHAKAM) has decided to conduct a Public Inquiry into allegations of violations of human rights, including, the use of excessive force by the authorities prior to and during the public assembly on 9 July 2011. The Panel of Inquiry will be chaired by the Commission’s Vice-Chairman Professor Datuk Dr Khaw Lake Tee and assisted by Commissioners Professor Datuk Dr Mahmood Zuhdi b. Abdul Majid and Mr Detta Samen.

The Commission calls for public submissions of evidence and information following the allegations of amongst others, use of excessive force by the authorities prior to and during the public assembly on 9 July 2011. Members of the public who had witnessed any acts or incidents relating to such allegations, or who believe that they may be able to give relevant information and/or documents and other evidence including video/photo recordings pertaining to these or other such allegations are invited to contact the Commission as soon as possible.

More info may be found here:

http://www.suhakam.org.my/c/document_library/get_file?p_l_id=35723&folderId=441003&name=DLFE-12503.pdf

Wednesday, June 15, 2011

Christian leader wants Putrajaya tested over Alkitab vows



Published by The Malaysian Insider.

KUALA LUMPUR, June 15 — The leader of the country’s evangelical churches has asked Christians to hold the government accountable to its promises during the recent Sarawak elections by importing more Malay bibles.

“Go and import more Bibles and see if the [Home Ministry] stops us. Print the Bibles and see if the [Home Ministry] harasses us again. Being polite and positive does not mean we are naive,” National Evangelical Christian Fellowship chairman Rev Dr Eu Hong Seng wrote in the umbrella body’s quarterly newsletter published this week.

The import of the Alkitab — as the Malay-language bible is called — is among a laundry list of Christian woes that have piled up over the years

“The government has said they want to work towards the religious aspirations of all. Find out what that means. Can our Bibles be declassified as they are now considered ‘prejudicial to the security of the country’? Be proactive. Saying ‘thank you’ does not mean we have accepted the 10-point resolution in totality,” wrote Rev Eu.

He pointed out that ultimately “we all want the same thing — religious freedom we all enjoyed when Tunku shouted the first Merdeka.”

“Let’s do another common sense thing. Hold our government accountable. If the offer was indeed an election ploy, the government can expect to face an angrier and more unforgiving electorate. So, the sensible thing to do is to prepare for the next GE today!”

Faced with an unyielding Christian community ahead of the April 16 Sarawak election, Datuk Seri Idris Jala, on behalf of the government, offered a 10-point solution to the Alkitab impasse, which allowed the bible to be freely distributed across the country in all languages.

Jala, who is from Sarawak, offered a new list of suggestions to put an end to the month-long stand-off in a bid to head-off a possible backlash against the ruling Barisan Nasional (BN) coalition by Christians who make up half the population in the state. However, the government insisted that the front cover of Malay-language bibles in the peninsula be marked with a cross and the words “Christian Publication.”

This was despite a pending appeal by the government over the High Court’s decision to allow non-Muslims to use the term Allah in their printed publications.

But Malay group Pembela has threatened to challenge the legality of the “Idris Jala Formula”.

The controversy was sparked by the seizure of over 35,000 Malay language bibles by the home ministry.

Following the recent controversy over Utusan Malaysia’s Christian Malaysia claims, Perkasa president Datuk Ibrahim Ali also threatened Christians that he would wage a crusade or holy war should they proceed with what he said was their agenda to usurp Islam.

Friday, October 23, 2009

Press Release: Upholding and Enforcing the Solicitors’ Remuneration Order

Friday, 23 October 2009 04:40PM








It was reported in the New Straits Times on 13 October 2009 that the Real Estate and Housing Developers’ Association Malaysia (REHDA) had issued a statement that:

• Property developers have asked the government to ease the rules on legal fees for property deals to boost the industry;
• Solicitors and clients should be allowed to negotiate freely on a legal fee that is fair and reasonable without being governed by any regulation and on a willing buyer, willing seller basis;
• In line with the government’s move towards a liberalised market, the abolishment of the scale legal fees will have a positive impact on the housing and property industry;
• Such a move will lower the cost of acquisition and would spur greater buying interest in the market; and
• There are lawyers who want to see the rules liberalised so that they can be more competitive.

The Bar Council wishes to respond accordingly and to state that the primary purpose of a fixed scale of fees for property transactions is to set a benchmark to establish a reasonable level of remuneration, commensurate with the provision of professional services of an acceptable and recognised standard.

The Malaysian Bar is not the only profession governed by scale fees as scale fees are an accepted and common method of charging for professional services in Malaysia. On 20 January 2006, in a joint memorandum signed by several professional bodies and boards on scale fees, the Bar Council together with the:
• Association of Consulting Engineers Malaysia;
• Association of Valuers & Property Consultants in Private Practice;
• Board of Town Planners Malaysia;
• Institution of Engineers Malaysia;
• Institution of Surveyors Malaysia;
• Malaysian Institute of Architects;
• Malaysian Institute of Planners; and
• Malaysian Medical Association;
jointly affirmed and declared that:
• Professional services are intellectual and creative products, and not commodities;
• It is not in the interest of the public or the various professions, for professional fees to be decided entirely by “market forces”;
• In a “free market situation”, it is often too tempting for consumers requiring professional services to seek out the cheapest, sidelining the issue of quality of service, in particular when such quality is not immediately or easily discernible;
• “Shopping around" or "marketing for cheaper fees" will lead to an unhealthy widespread undercutting of professional fees;
• When fees are uneconomic and are not commensurate with the level of the services that ought to be provided, it is not uncommon for the quality of professional services rendered to be compromised;
• Scale fees will not only benefit but will also protect the consumers since, with scale fees, professionals will then have to compete with one another on the quality of professional services, and not on pricing;
• The scale fees system prevents both overcharging and undercutting, and protects consumers by promoting high quality professional services; and
• It is necessary and desirable for scale fees to be maintained and effective, and stringent measures must be taken by the various professional bodies and boards to enforce their scale fees against their members in order to ensure and preserve high standards of the professional services rendered to the public.

In October 2005, REHDA had made a similar representation to the government to intervene on scale fees and the no discount rule. On that occasion, the government had requested the Bar Council to respond to REHDA’s representation and the Bar Council had explained in great detail to the government the reasons why scale fees and the no discount rule ought to be maintained.

The Bar Council wishes to state that it is clearly provided in the scheduled agreements applicable for housing accommodation that each party shall pay his or her own legal fees. Payment of scale fees by homebuyers has never been an issue, and the Home Buyers Association of Malaysia fully supports the scale fees charged by solicitors for property transactions. The Bar Council believes that scale fees and the no discount rule are thorny issues for REHDA for the following reasons:
• Developers want homebuyers to appoint solicitors who are on their panel;
• Developers want to pay the fees of the solicitor for the homebuyer; and
• Developers want to dictate the amount of such fees.

The Bar Council views the above as a very unhealthy practice and had recently ruled that a solicitor acting for a homebuyer shall not receive his remuneration for the transaction from the housing developer. The Bar Council is of the view that developers should focus on their business of providing high quality housing accommodation to homebuyers, and developers should allow homebuyers to engage or appoint their own solicitors, and further allow the homebuyers to pay their own legal fees. The Bar Council is determined to uphold and enforce the Solicitors’ Remuneration Order as mandated by its general body.

Tony Woon Yeow Thong
Treasurer
Malaysian Bar
23 October 2009
The Malaysian Bar

Saturday, May 16, 2009

Caution: Do Not Mess With Lawyers

Bar Council To Sue Govt Over Lawyer Detentions

15 May 09 : 7.58PM

By Deborah Loh (The Nutgraph)
deborahloh@thenutgraph.com

PETALING JAYA, 15 May 2009: The Bar Council plans to file a civil suit against the government for the unlawful detention of five lawyers on 7 May and for denying them access to detainees.

Other defendants in the suit will be Inspector-General of Police Tan Sri Musa Hassan, and Brickfields OCPD ACP Wan Abdul Bahari Wan Abdul Khalid, Bar Council president Ragunath Kesavan said today.


The civil suit was one of the action plans decided at the Bar's emergency general meeting today, called specifically to pass a motion condemning the government and police for the lawyers' arrests.

The meeting was attended by 1,428 lawyers, far exceeding the required 500 for a quorum. The motion was unanimously adopted.

The lawyers from the Kuala Lumpur Legal Aid Centre — Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Puspawati Rosman, Ravinder Singh Dhalilwal and Syuhaini Safwan — were arrested after they had gone to the Brickfields police station to meet those who had been detained for holding a candlelight vigil outside the police station. The vigil was held over the arrest of political scientist Wong Chin Huat.

The lawyers were arrested after they had asked to meet the detainees and were denied access to them by the police. They were released on police bail the next day at around 3pm.

On 8 May, some 150 lawyers had gathered at the Jalan Duta court complex to protest the arrest of their five colleagues.

Ragunath said video recordings of the arrests clearly showed that the lawyers did not participate in the vigil.

"Denying them access to detainees is a travesty of justice. There is a need for lawyers to see the accused when arrested or interrogated so that there is public accountability," he said in a press conference after the EGM.

There was a greater need for public accountability in the police as they used more physical force than any other enforcement agency, Ragunath added, noting that the Criminal Procedure Code (CPC) had clear provisions on a detainee's right to see his or her lawyers.

Hishammuddin should resign


Hishammuddin Hussein (Pic courtesy
of theSun)

The Bar Council also called for Home Affairs Minister Datuk Seri Hishammuddin Hussein, as well as IGP Musa, to resign over the incident.

Ragunath took Hishammuddin to task for his remarks that lawyers should not think they were above the law. Ragunath said that police were also not above the law.

"For Hishammuddin to say that lawyers are not above the law is not a reply, is not a solution, is not what we want to hear. We (the Bar Council) had asked for an apology over the arrests, and he gave that response without even investigating what happened," Ragunath said.

He said while Section 28 of the CPC detailed the circumstances whereby police were allowed to prevent lawyers from meeting detainees, none of those conditions could be logically applied to the lawyers who had gone to the Brickfields police station.

The conditions are if police suspect an accomplice is involved, or if concealment, destruction or fabrication of evidence could result, or if there is intimidation of witnesses.

"I cannot see what or how these reasons apply for denying access to lawyers," Ragunath said.

Going all out

In addition to the civil suit, the Bar Council also intends to seek a meeting with Prime Minister Datuk Seri Najib Razak over the matter, lodge a complaint with the National Human Rights Commission (Suhakam) to request an inquiry, and seek the intervention of the Chief Justice.

In the EGM motion condemning the government and police for the lawyers' arrest, the Bar Council noted that the lawyers were made to wear lock-up uniforms and were unnecessarily handcuffed.

The motion also denounced the police for deliberately refusing to give family members and the lawyers of those arrested any information about their arrest and the police's next course of action.

Calling the incident a "gross abuse of police powers", the Bar is demanding an unconditional apology from the government to the lawyers.

Lawyers should be allowed to discharge their responsibilities to their clients without threat or intimidation, it added.

The Bar also reiterated its call for the government to establish the Independent Police Complaints and Misconduct Commission (IPCMC).

Friday, May 8, 2009

A Black Day For Malaysia



Lawyers Gather To Protest Arrest Of Colleagues

Malaysia Insider

KUALA LUMPUR, May 8 — Hundreds of lawyers have formed a sea of black and white at the Jalan Duta courts to protest the detention of five of their colleagues.

The five lawyers were arrested last night at the Brickfields police station, where they had gone to represent their clients who were detained for allegedly participating in an illegal candlelight vigil for activist Wong Chin Huat.

Wong was arrested for sedition earlier this week after he called on Malaysians to wear black yesterday to protest the power grab in Perak.

His arrest was among a clutch made by the authorities in a sign of growing unease over the level of dissent sparked by Barisan Nasional’s (BN) controversial takeover of the Perak state government from Pakatan Rakyat (PR).

Yesterday’s Perak state assembly sitting descended into chaos with scuffles and wrestling matches between lawmakers from both sides and resulted in the police entering a legislative assembly for the first time in the country’s history of parliamentary democracy.

The Bar Council has already described yesterday’s events as a black day for democracy and heavily criticised the police for interference.

This morning its president Ragunath Kesavan again condemned the police over the arrests of his colleagues.

“We are shocked and disgusted by this blatant transgression of the rule of law. By their action, the police personnel in question have demonstrated utter disrespect and blatant disregard for the criminal justice system that they are duty-bound to uphold and protect.

“They have violated the specific provisions in the Criminal Procedure Code guaranteeing access to lawyers. Although there is an exception to this provision, it cannot by any stretch of the imagination be turned into a right to arrest lawyers who are waiting to render legal representation to their clients,” he said in a statement issued this morning.”

He said the police action made an absolute mockery of the constitutional right to legal representation and was a travesty of justice.

“We call on the Inspector-General of Police to immediately explain this gross abuse of police power.

“This unprecedented conduct by the police has far-reaching consequences. It means arrested persons can be denied access to their lawyers without challenge. And when their lawyers are denied access and are forced to wait outside the police station, the lawyers themselves are at risk of arrest. “

The five lawyers arrested yesterday were from the Kuala Lumpur Legal Aid Centre.

They are Fadiah Nadwa Binti Fikri, Murnie Hidayah Binti Anuar, Puspawati Binti Rosman, Ravinder Singh Dhalliwal and Syuhaini Binti Safwan.