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The Selangor Bar Committee 2008-2009

Sitting (Left to Right): Pn. Suzanawati Ismail, Mr. George Varughese (Bar Representative), Mr. Rajpal Singh (Chairman), Ms. Sumathi Murugiah (Hon. Secretary), Ms. Kunamony Kandiah Mr. Rajpal Singh, Ms. Sumathi Murugiah Standing (Left to Right): Ms. Syamsuriatina Bt. Ishak, Mr. N.K. Thinnagaran (Executive Secretary), Mr. Salim B. Bashir, Mr. Ashokvijay J. Sanghrajka, Mr. Alvin Neo, Mr. Suraj Singh, Ms. Noor Suhaila Bt. Saad Not present:

Pn. Zalina Bt. Abidin

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17TH ANNUAL GENERAL MEETING

C ontents Page

Notice of Meeting and Agenda ...................................................................... 2

Minutes of the 16th Annual General Meeting ............................................... 3 - 16

Reports

Chairman's Report ......................................................................................... 17 - 24

Annual Report 2008 - 2009 ........................................................................... 25 - 27

Continuing Legal Education, Syariah & Bahasa Malaysia............................. 28 - 30

Conveyancing Practice & SREC..................................................................... 31 - 33

Court Liaison .................................................................................................. 34 - 36

Human Rights & Criminal Law .................................................................... 37 - 40

Publication...................................................................................................... 41 - 42

Legal Aid Centre Selangor (LACS) .............................................................. 43 - 57

LACS Audited Accounts For The Year 2008 ............................................... 58 - 68

Secretariat, Finance, Library & Building ...................................................... 69 - 73

Social, Char ity, Welfare & Publicity.............................................................. 74 - 75

Sports ............................................................................................................ 76 - 78

Selangor Bar Representative ........................................................................ 79 - 83

Town Representative 84 - 85

Young Lawyers & Pupil's Affairs and Information Technology.................... 86 - 88

Calender Of Events ........................................................................................ 89 - 91

SBC Audited Accounts For The Year 2007 .................................................. 92 - 104

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NOTICE OF THE 17TH ANNUAL GENERAL MEETING OF THE SELANGOR BAR The 17th Annual General Meeting of the Selangor Bar will be held on Wednesday, 25th February, 2009,

3.00 pm at the Kelab Golf Sultan Abdul Aziz Shah, Shah Alam, Selangor Darul Ehsan.

AGENDA: 1. To consider, and i f approved, to adopt the Minutes of the 16th Annual General M eet ing held on

Wednesday, 27th February, 2008;

2. To discuss matters arising therefrom; 3. To consider the Reports on the activities of the Selangor Bar for the year 2008/2009; 4. To consider, and if approved, to adopt the Audited Accounts of the Selangor Bar for the year ending

31st December, 2008; 5. To fix the Annual Subscription for the year 2009;

6. To discuss the following motion: - 6.1 Motion proposed by the Selangor Bar Committee to save printing cost of Annual Report;

7. To elect one (1) member as Chai rman of the Selangor Bar Committee for the year 2009/2010;

8. To elect one (1) member to represent Selangor Bar on the Bar Council for the year 2009/2010;

9. To elect ten (10) members as members of the Selangor Bar Commit tee for the year 2009/2010; 10. General.

The quorum for the Annual General Meeting shall be 170 members which represent five percent of the total number of members of the Selangor Bar (3,399) as at the date of this notice.

In the event the required quorum is not present within one hour from the time appointed for holding the meeting, the Annual General M eeting shall be adjourned to 27th February 2009, 3.00 p.m. at the Kelab Golf Sultan Abdul Aziz Shah, Shah Alam, Selangor.

In the event the required quorum is not present within one hour from the time appointed for holding the adjourned meeting, the members present shall constitute the quorum.

Dated: 2nd February, 2009 Sumathi Murugiah

Honorary Secretary Selangor Bar Committee

NOTE:

1. Members are kindly requested to make every effort to attend the meeting punctually to ensure quorum for the Meeting.

2. Registration Counters will be opened from 1.00 p.m. onwards and light refreshments will be served. 3. Only members of the Selangor Bar shall be entitled to attend and vote at the Meeting. Pupils may

attend as observes but shall not vote and shall be seated only at the area(s) designated for pupils. 4. At the Meeting every member present shall have one vote and where there is an equality of votes, the

presiding member shall have a casting vote. 5. All members shall, upon registering thei r names, wear thei r Tags for the purpose of identi fication

and admission. 6. If any member desires to propose any motion to be considered at the Annual General Meeting, the

member shall serve to the Secretary of the Selangor Bar Committee a notice of such motion in writing on or before 20th February 2009.

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CHAIRMAN'S REPORT

As promised at the last Selangor Bar AGM, the Selangor Bar Committee by being more proactive,

brought about positive change and succeeded in reaching out to more members of the Selangor Bar.

In 2008, the Selangor Bar Committee implemented the pioneer Town Representative programme. This

programme sees the appointing of individual representatives for each town within Selangor. Issues

within that town or locality would be relayed by members of the Selangor Bar there, and these

representatives would then bring it up directly with the Selangor Bar Committee. This cuts the

response time considerably, and at the same time does not overburden one individual to handle all

affairs that may crop up within the State.

At the core of this pilot programme is the new and upgraded Selangor Bar website. The new website

will be the channel through which information can be relayed to the town representatives, and will be

an accessible gateway to any member of the Selangor Bar to voice his or her concern. This

automatically eliminates ‘red-tape’ commonly associated with making a complaint, and enables the

Selangor Bar Committee to obtain the information immediately and act upon it promptly.

Secretariat, Finance & Library

The Secretariat itself underwent a transformation, with new staff coming in to increase the number of

staff to six. Mr Thinnagaran was appointed as the executive secretary in February 2008 and Mr.

Gunaalan joined the Secretariat in April 2008 as an administrative clerk cum despatch. Mr. Gunaalan

also assisted in handling accounts during our accounts executive, Ms. Shariza's maternity leave.

For the first time also, the Selangor State Secretariat have started Standard Operating Procedure

guidelines for certain job functions that are repeated every year, such as the organizing of the annual

dinner and dance, reference proceedings, interstate sports and so on. These will be continually added to

as the years go by, and will be a useful guidepost for the staff in future, as well as to the incoming

Committees in the future.

In terms of finance for the year, despite the Selangor Bar actively involved in more areas, we have still

recorded a surplus of RM65,580.00. Selangor Bar’s accumulated funds as at 31st December 2008

comprise RM626,944.00 in fixed deposit accounts and RM49,687.00 in the current account. In terms

of the loan facility taken from UOB Bank (M) Berhad for the purpose of financing the purchase of the

Rajpal S ingh

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Selangor Bar building, the balance due to the bank as at 31st December 2008 is RM378,206.86 with a

monthly instalment of RM4,039.00 at BLR + 0.8% p.a. (BLR at 6.75% p.a).

Our library at the Secretariat now has MLJ, CLJ, AMR, Industrial law and All England Law reports,

including access to CLJ online. We now also have a full-time librarian, Cik Norazlina. More and more

books continue to be added to our library, making it more comprehensive.

Publication Sub-Committee

We had managed to publish one issue of the Ad Rem magazine despite some obstacles to the same.

However, in light of the present economic outlook, and due to overall rising costs, the Selangor Bar

Committee looks now in the direction of the disseminating information electronically, specifically

through our new website, reducing costs greatly in the long run. I encourage members to contribute

articles to the Ad Rem magazine, and to aid us to secure sponsors to ensure that at least one hard copy

of the Ad Rem is printed every year.

I would also like to thank the editor, Mr. Biliwi Singh and the Editorial Board, for their contributions

all these years to ensure that the Ad Rem is published annually.

Legal Aid Sub-Committee

Legal Aid has been a subject close to my heart as I previously held the post of Legal Aid Sub-

Committee chair the previous year before taking on the position of State Chairman. In that time, the

Selangor Bar had indeed started a new outlook of trying to make the community aware of the existence

of legal aid, and the right of representation.

Mr. Alvin Neo has continued in the spirit of reaching out to the community by organizing law

awareness outreach programmes at the Montfort Boys Town, SARC APEX Charity Carnival in Klang,

at Program Khidmat Komuniti Perdana at the Padang Permainan Puchong Prima, at St. Anne’s church

in Port Klang during St. Anne’s feast, at Karnival Mesra Rakyat in Kota Kemuning, Shah Alam, and

organising the “Walk About” in Klang Town to distribute legal information to the public, by attracting

50 participants, comprising lawyers, chambering pupils and staff.

The Legal Aid Centre also hosted a visit by 5 professors of law from Wuhan University in China,

which has their own legal aid body called the Centre for Protection for the Rights of Disadvantaged

Citizens. The visit included a study tour to the Shah Alam Courts, including a meeting with Hakim

Kanan Tuan Gunalan.

We are pleased to announce that a new legal aid centre was opened in Kuala Selangor in February

2008 by none other than our Bar Council President, Datuk Ambiga Sreenevasan. For the year under

review, the centre has already serviced 168 clients and went on to start the dock brief programme at

Kuala Selangor Magistrate's court.

In the future, the LACS is planning a mobile clinic to extend legal aid to the needy outside of the

Klang Valley. The LACS also plans to start the dock brief programme in the Sungai Besar Magistrates

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Courts, and to organize legal aid programmes in collaboration with NGOs, as well as prison visits to

the Sungai Buloh prison.

Social, Charity, Welfare & Publicity Sub-Committee

It was not always just work for our Selangor Bar members. The Social, Charity, Welfare & Publicity

Sub-Committee, ably chaired by Malaysia’s own Elvis, Mr. Suraj Singh, put together grand shows that

were praised as one of the best ever organized by our State Bar.

The “Malam Suai Mesra” dinner at the Shah’s Village Hotel in Petaling Jaya on 10.5.2008 was themed

“Back to the 70s” and was well attended by 350 Selangor Bar members. It also saw the attendance and

participation in the evening’s festivities by High Court Judges, Deputy Public Prosecutors and

Magistrates, many staying on until very late. It was an evening of the members to meet after a long

week of work, and an opportunity to also meet and greet members of the judiciary in a more relaxed

setting.

The Annual Dinner and Dance for the Selangor Bar Committee themed “A Night at the Oscars” was

held in November 2008 at the Crystal Crown Hotel. It was attended by a record 420 guests, including

the newly appointed Chief Justice, Yang Amat Arif Tan Sri Zaki as well as the Chief Judge of Malaya,

Yang Amat Arif Dato’ Arifin bin Zakaria, together with High Court Judges, Magistrates and members

of the Selangor and other State Bars as well. It was a grand evening of music, performance, with the

highlight being the Legal Aiders and Comedy Court.

On another note, the Sub-Committee also participated in the charity event held at the Hilton Hotel, PJ

‘GongxiDeepaRayaMas 2008’ in aid of 25 orphanages, with our own committee members donating

gifts for the children and Mr. Suraj Singh performed as 'Elvis' at the event.

The shows and events by the Social, Charity, Welfare & Publicity Sub-Committee are meant to foster

greater ties within the Selangor Bar, as well as to ‘build bridges’ with the members of the Attorney-

General’s Chambers and the judiciary to build upon the working relationship and respect that the

Selangor Bar enjoys with them.

Indeed, it was as a result of the invitation by the Chief Justice himself at the Annual Dinner and Dance

that myself, the Bar Representative Mr. George Varghese and Mr. Suraj Singh were able to pay a

courtesy call on Yang Amat Arif in Putrajaya, and highlight the various problems faced by the

members of the Selangor Bar, especially with the Courts.

Human Rights and Criminal Law Sub-Committee

The Human Rights and Criminal Law Sub-Committee under En. Salim Bashir was also very active,

working together with various other Sub-Committees to hold a talk on amendments to the Criminal

Procedure Code by Mr. Athimulam and Constructing Defence for Drug Charges by Mr. Gurbachan

Singh and a reason talk on 'Criminal Advocacy' by Mr. Hisyam Teh Poh Teik. The Human Rights and

Criminal Law Sub-Committee also conducted meetings with the State Deputy Public Prosecutors,

raising a number of issues to the Selangor head of prosecution.

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An important meeting with the Selangor Chief Police Officer (C.P.O.), Dato’ Khalid and the Sub-

Committee was held. The meetings were cordial, and also proved to be vital when we were allowed by

the C.P.O. to meet with one of the lawyers who were arrested and detained together with politicians

and managed to secure their release immediately.

The Sub-Committee has also written to the Directors of the Sungai Buloh prison, Immigration

Department and National Registration Department to organize meetings with them, but till now there

has been no response from them.

A very significant development is the creation of a Human Rights Task Force comprising four people,

and chaired by En. Salim himself. This task force is set up to identify human rights violation within the

State, and to intervene. It is also given the task of dealing with urgent arrest situations involving

Selangor Bar members.

Court Liaison Committee

The Selangor Court Liaison Sub-Committee has been equally busy. In line with bridging the “gap”

between lawyers and the judiciary that seems to have emerged in recent times, the Sub-Committee

organized various meetings with the Judiciary, namely:

1. Meeting with the KL Sessions and Magistrates Courts on 22nd

May 2008;

2. Meeting with the KL High Courts and Commercial Courts on 30th

May 2008;

3. Meeting with the Appellate & Miscellaneous Matters Division of the KL High Courts on 5th

June 2008;

4. Meeting with the Insolvency Department of Malaysia on 6th

May 2008;

5. Meeting with the KL High Courts Civil Division on 6th

June 2008;

6. Courtesy Call and Meeting with the Shah Alam High Court Judges on 9th

July 2008;

7. Meeting with the Shah Alam and Selangor Subordinate Courts on 18th

July 2008;

8. Conducting Reference Proceedings for 10 members of the Selangor Bar on 21st November

2008; and

9. Meeting related to the new Tracking System at the Commercial Division of the KL High

Court.

The reference proceedings for the 10 departed members of the Selangor Bar referred to above saw the

attendance of 3 High Court judges, namely Yang Arif Datuk Syed Helmy, Yang Arif Datuk Zaharah

and Yang Arif Puan Nallini, together with a large number of family membersand friends of the

deceased were present to pay their respects. It was indeed a touching and well-deserved send-off for

our members who had passed on.

In addition to this, there was also a meeting with Yang Arif Datuk Syed Ahmad Helmy Bin Syed

Ahmad on 26th

October 2008. We were able to raise and discuss issues with Yang Arif regarding long

hearing dates for adjourned matters, adjournments on short notice, and the occurrence of misplaced

files, amongst others. Yang Arif had agreed to look into the matters.

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The meetings covered both Selangor and Kuala Lumpur Courts as Selangor Bar members invariably

will have matters in Kuala Lumpur as well. The meetings were fruitful, and they are of great help in

maintaining the Selangor Bar profile vis-à-vis the Courts and government departments. I strongly

believe in developing and maintaining a good relationship with these bodies as inevitably, the Selangor

Bar will see better cooperation from the Courts and government bodies – which will bode well for our

members, particularly when prickly issues such as complaints or grouses are fielded.

As the Selangor Bar chairman, I was invited together with the Bar Council office bearers and other

State Bar Chairpersons in December 2008 to sit in the meeting with the Chief Justice, the President of

the Court of Appeal and the Chief Judge of Malaya. Many issues were raised during the meeting on the

problems faced by the Shah Alam Courts, mainly the Civil High Courts and the shortcomings of the

Civil Registry for both the High Courts and Lower Courts.

Very recently this year, the Shah Alam High Court has appointed an Administrative Deputy Registrar. Effective 16

th February 2009, there will now be 3 counters at the Shah Alam High Court, each with

different functions. Counter ‘A’ will handle urgent matters such as unlisted matters for the day, Certificates of Urgency and Injunction Orders; Counter ‘B’ will handle queries on non-urgent documents and general queries, and Counter ‘C’ will be four file searches. There will also be an Administrative Deputy Registrar to handle the counters.

The issue of shortage of Magistrates Courts in district level, with the increasing backlog of criminal cases was also brought up to the attention of the Chief Justice. The Chief Justice has promised that he would look into these matters. It is hoped that the backlog currently faced by lawyers in Selangor will be eased with the addition of more Courts in the future. The soon to be opened Criminal High Court in Petaling Jaya is certainly an encouraging sign. Hopefully this will soon be followed by the setting up of more Courts to address the mounting backlog of cases. It is encouraging to see that the Chief Justice and the Courts have already started implementing our suggestions by increasing the number of Magistrates Courts in Ampang and Selayang. It is also heartening that the Hakim Utama for the Shah Alam High Courts is taking steps to alleviate the problems at the Civil Registry. Hopefully, there will be further improvements in the Klang and Shah Alam Courts soon.

Sports

The Sports Sub-Committee chaired by Mr. Ashokvijay J. Sanghrajka had a tremendous year, edging

out other State Bars to emerge victorious in many tournaments. Selangor emerged as champions in the

Inter-State Golf Tournament in Ipoh in April of this year, led by Mr. Lee Seng Wai and

Mr . Puspalingam, our golfers won the event by a country mile.

Perhaps the best sporting achievement for the Selangor Bar, was winning back the S.S. Muker

Challenge Trophy in the Kuala Lumpur vs. Selangor Bar Games, after 6 long years. The trophy was

awarded to Selangor by a score of 5-2, which was an overall score after results in golf, hockey,

football, badminton, netball, futsal, and snooker, among others. Congratulations to the convenors of

the respective teams.

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Selangor was also successful in the Negeri Sembilan/ Malacca Bar Games, winning by a score of 6-2

after overall results from different sporting events were tabulated, thereby wresting back the Stanley

Ponniah Trophy back from the Negeri Sembilan/ Malacca Bar after a 4-year barren spell.

The Sports Personality for 2008 was none other than Mr. Christopher Joseph for volleyball.

Christopher Joseph the convenor for volleyball has continually been a support for the Selangor Bar

Sports Sub-Committee over the years.

Conveyancing Practice and SREC Sub-Committee

The Conveyancing Practice and SREC Sub-Committee chaired by Ms. Noor Suhaila Binti Saad, had a

series of important meetings with the Petaling, Kuala Selangor and Klang Land Offices, as well as the

Land and Minerals Office for Kuala Lumpur and Shah Alam, addressing pressing issues such as old

land titles that were missing or lost, transfer of land from bumiputera to non-bumiputera, and

complaints regarding staff.

The Sub-Committee in the meeting with the Land and Minerals Office in Shah Alam, also brought up

the issue regarding the application for consent to transfer which is now no longer a requirement for

master titles that have restriction in interest. Another problem raised was the imposition of an

additional requirement of enclosing assessment receipts together with presentation to the Land Office,

when there is in fact no such legal requirement to do so. The Director has agreed to bring up both these

matters before the State Legal Advisor for a solution to the matter.

The Conveyancing Sub-Committee also held a dialogue with the Real Estate and Housing Developers’

Association (REHDA) in June 2008, particularly on the issue of long delays with the Housing Loan

Division Putrajaya, a common grouse with Selangor conveyancing lawyers. REHDA has informed us a

new financing system will be implemented soon to improve services.

A Selangor Land Office Task Force was set up by the Selangor State Government to identify and

address problems in all the Land Offices in Selangor. The Sub-Committee Chairperson, Ms. Noor

Suhaila and the Honorary Secretary, Ms. Sumathi Murugiah were invited to join the Task Force in

their personal capacity. Also, the Selangor State Bar Chair was for the first time asked to sit on the

Selangor State Strata Titles Board, which has the function of addressing issues regarding strata titles in

Selangor.

This Sub-Committee had its hands full in 2008 with not only organising frequent talks on various

conveyancing issues, but also in dealing with the various administrative changes brought about by the

change in the State administration. However, this year has also seen much improvement in that the

State Bar has been given greater recognition as a vital part in problem-solving the myriad

conveyancing issues within Selangor.

CLE, Bahasa Malaysia and Syariah Sub-Committee

The CLE, Bahasa Malaysia and Syariah Sub-Committee, chaired by Puan Suzanawati Binti Ismail

organized its Inaugural “Pertandingan Debat Perdana Undang-undang” on 21st – 22

nd June 2008, with

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5 local universities competing with Universiti Kebangsaan Malaysia going with the title and Challenge

Trophy.

The Syariah portfolio instead conducted legal seminars titled “Hak Penjagaan Anak & Bidang Kuasa”

and “Pengesahan Cerai Melalui SMS” at the Selangor Bar Committee Auditorium. Both talks were

delivered by Puan Kama Azura Mohd. Kamil. The Syariah Sub-Committee also held discussions with

the Selangor State government, MAIS, JAIS, and NGOs on Syariah law issues. The Sub-Committee

also held discussions with the Ketua Hakim Mahkamah Syarie Selangor. This Sub-Committee

unfortunately suffers from a lack of participation as there is not a large number of practicing Syariah

lawyers in the State. Nonetheless, it is hoped that the incoming Sub-Committee members will continue

the good work of highlighting various Syariah issues and holding open discussions with the relevant

authorities and courts to resolve them.

Due to Puan Suzanawati’s busy schedule in running the Syariah and Bahasa Malaysia Sub-Committee,

the Committee decided to assist her by organizing 5 talks on legal aspects together with other Sub-

Committees during the year.

Young Lawyers & Pupils’ Affairs and Information Technology Sub-Committee

The Young Lawyers & Pupils’ Affairs and Information Technology Sub-Committee in 2008, chaired

by Pn. Syamsuriatina Bt. Ishak held various talks with law students in Kolej Damansara Utama,

Taylor’s College and Sunway Mentari. They also showed their caring side when the Charity Bowling

Tournament netted RM2,050.94 for Taman Sinar Harapan, a home for severely handicapped children.

The Information Technology portfolio took to the task of maximizing use of technology to improve

communication between Committee members. After continuous hassling by them, I myself have been

‘forced’ to utilize a Blackberry communication device, which I have found to be of great help when

needing to view e-mails urgently when not in the office. Perhaps the biggest milestone for the Sub-

Committee in 2008 has been the creation and launching of the completely revamped Selangor Bar

website. The same was launched by the Chief Justice during our Annual Dinner and Dance. The new

website has many more features than before, including the Shah Alam High Court cause list. Although

the cause lists for only four (4) High Courts are available, we will work with the Shah Alam High

Court administration to obtain the cause lists for all High Courts to be viewed on the website.

Other Activities

Further to my role as the Selangor Bar Chairman, I have also been asked to sit in as the Deputy Chairman for the Bar Council’s Criminal Law Committee. The Criminal Law Committee together with the Attorney-General’s Chambers formed the Joint Criminal Committee, wherein all heads of departments in the AG’s Chambers sit in this Committee. The Joint Criminal Law Committee saw several issues resolved, and was also involved in the recent amendments to the Criminal Procedure Code, as well as was involved in the Witness Protection Bill and DNA Bill.

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In addition to this, I was appointed to head two other ad hoc committees under the Bar Council, namely the Internal Security Act (I.S.A.) Ad Hoc Committee, and the Ad Hoc Lawyers Protection Committee. The former was set up for lawyers should they be arrested under this draconian law, in which instance we would immediately set up a team to secure the release of the said lawyer. I am still involved in the Ad Hoc Lawyers Protection Committee, as appointed by the Bar Council President. This committee was set up for the purpose of doing research on how best to work together with the police to advise lawyers to be more wary and safety-conscious, and also to call upon the police to be more diligent in investigations involving cases of violence against lawyers. We have requested an audience with the Inspector-General of Police to discuss this issue, which we expect to meet with the IGP soon.

Being involved in these Committees has given me the opportunity to further bring up issues to benefit all members of the Bar, including members of the Selangor Bar.

Acknowledgment I must thank the heads of the various Sub-Committees. On the whole, they have performed well, and many positive changes have taken place. I am also pleased that there the Selangor Bar has embarked in a more pro-active direction. It has reached out not only outward to the community through programmes such a legal aid and dock brief, but it has also looked within, to enhance communication between its own members. The Selangor Bar also looks not at being just an isolated administrative body, but rather a collective of all Selangor lawyers, who each contribute in some way to improving practice for our fellow legal brethren. It is time to work together with ourselves, with the judiciary and relevant bodies; it is an opportunity for Selangor Bar members (in particular the younger members) to feel that they belong to a State legal fraternity that protects and aids them to grow and to serve the community much more effectively.

I together with the Selangor Bar Committee would also like to take this opportunity to congratulate our two members of the Selangor Bar, Mr. George Varughese and Mr. Andrew Khoo who were duly elected to serve Bar Council for the incoming term. If there have been shortcomings in the Selangor Bar Committee, I as Chairman apologise for the same, and wish to thank all the members of the Selangor Bar for your support. It is my sincere wish that the incoming Committee will continue to build upon the work that we and the previous Committees have begun. Report submitted by :

Rajpal S ingh

Chairman

Selangor Bar Committee

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ANNUAL REPORT 2008 /09 AS AT 02ND FEBRUAR Y, 2009

1. 16TH ANNUAL G ENERAL MEETING

The 16th Annual General Meeting was held on Tuesday, 27th February, 2008 at 3.00 p.m. at the Kelab Golf Sultan Abdul Aziz Shah, Shah Alam, Selangor Darul Ehsan.

2. OFFIC E B EARERS

2.1 At the 16th Annual General Meeting the following office bearers were elected: Chairman : Rajpal Singh

Committee Members : Sumathi Murugiah

Alvin Neo Ashokvijay J. Sanghrajka Kunamony Kandiah Noor Suhaila Bt. Saad Salim B. Bashir Bhaskaran Suraj Singh Suzanawati Ism ail

Syamsuriatina Bt. Ishak Zalina Bt. Abidin 2.2 The elected representative to the Bar Council : George Varughese

3. HO NO RARY SECRETARY

Sumathi Murugiah was elected as the Honorary Secretary at the first meeting of the Committee.

4. COMMITTEE MEETINGS

As at 02nd February, 2009 the Committee met 14 times and the attendance of each member are as follows:

Rajpal Singh - 14 Sumathi Murugiah - 13 Alvin Neo - 9 Ashokvijay J. Sanghrajka - 8

Kunam ony Kandiah - 9 Noor Suhaila Bt. Saad - 11 Salim B. Bashir Bhaskaran - 13 Suraj Singh - 12 Suzanawati Ismail - 12 Syamsuriatina Bt. Ishak - 11 Zalina Bt. Abidin - 1 George Varughese, the Representative to the Bar Council was invited to attend all Committee meetings as an observer and also to report to the Bar Council matters relevant to the Selangor Bar as and when pertinent and necessary. He attended a total of 14 meetings.

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5. FINANC E The financial position of the Committee remains acceptable. As at 31-12-2008 the accumulated fund comprising of monies in f ixed deposit is RM347,970.00, Amanah Raya is RM278,974.00 and current account is about RM49,687.00. Details of the financial position are as set out in the Audited Accounts ending 31-12-2008.

6. SUBSC RIPTION

The subscription for the year 2008 was retained at RM150.00 at the 16th Annual General

Meeting held on 27th February, 2008.

As at 31-12-2008, a total of 201 members are still in arrears of the 2008 subscr iption amounting to RM29,850.00.

7. NUMB ER OF MEMBERS

As at 02nd February, 2008 the Selangor Bar has a total of 3,399 members.

9. SUB-COMMITTEES AND LEGAL AID

The Committee appointed the fo llowing Sub-Committees to facilitate the organisation of its various activities:

a) Continuing Legal Education, Syariah & Bahasa Malaysia

b) Conveyancing Practice & SREC c) Court Liaison d) Finance, Secretariat, Library & Building e) Human Rights & Criminal Law

f) Legal Aid g) Publication h) Social, Char ity, Welfare & Publicity i) Sports j) Town Representative k) Young Lawyers, P upils Affairs & Information Technology

10. PETITION FOR ADMISSION

From 1st February, 2008 to 02th February, 2009, 149 Petitions for Admission were served on the Selangor Bar Committee and 29 chambering pupils were admitted to the Bar during the year 2008/2009 in Selangor.

11. OBITUARY

The Committee records with deep sorrow the passing away of 7 members of Selangor Bar namely:-

NO. NAME PASS ED AW AY ON

1 Major (Rt d) Abdul Kadir Bin Abdul Ghani 13/03/2008

2 Mohamad Hazul Bin Dato' Hassan 15/03/2008

3 Dato' Ser i Salleh Bin Mat Som 16/07/2008

4 Walter Wilfred Abraham 17/08/2008

5 Josephine Lily Pereira 23/08/2008

6 T.Kuhanandan 01/09/2008

7 K. Ramakrishnan 23/10/2008

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12. AC KNOW LEDG EMEN T

The Committee acknowledges the co-operation and assistance received from the Chief Justice, the President of the Court of Appeal, the Chief Judge of Malaya, Judges of the Federal Court, Judges of the Court of Appeal, Judges of the High Courts, the Attorney General, the State Legal Adv isor, the Ch ief Police Officer of Selangor, Registrars of Shah Alam High Court, Sessions Court Judges and Magistrates of Selangor, the Registrars of Lower Courts of Selangor and all other court officials of the State of Selangor Darul Ehsan and the Bar Council during the year.

We express our gratitude and thanks to the Chief Judge of Malaya for allowing the adjournment of cases to enable our members to attend this 17

th Annual General Meeting of

the Selangor Bar.

We wish to put on record our profound appreciation to the volunteer lawyers and chamber ing pupils who rendered their services to the Legal Aid Centre and also to members of the various Sub-Committees who have in one way or another helped and contributed towards the success of the events held during the year under review.

We further thank all our members for their continuous support and co-operation and hope that they would continue to extend the same to the incoming Committee.

Report submitted for and on behalf of the Committee by:

Sumathi Murugiah

Honorary Secretary Selangor Bar Committee

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SUB-COMMITTEE REPORTS

SYARIAH & BAHASA MALAYSIA

Pengerusi : Suzanawati binti Ismail Ahli J/kuasa : Halim Ashgar Aziana Abu Bakar Jamilah Hj.Radzi Kama Azura Mohd.Kamil Sharifah Nur Jehan Syed Hashim Hashahari Johari Mawi Ex-Officio : Rajpal Singh Sumathi Murugiah

Untuk tahun 2008-2009, saya telah dilantik untuk mempengerusikan Jawatankuasa kecil ini. Di sebalik kesibukan sebagai seorang isteri, ibu dan mengendalikan firma sendiri, saya amat sedar tugas ini bukanlah sesuatu yang mudah bahkan begitu mencabar terutama di dalam menggerakkan aktiviti yang akan dirangka kelak. Tetapi berkat sokongan semua pihak sama ada secara langsung atau sebaliknya, alhamdulillah jawatankuasa kecil ini dapat merangka dan melaksanakan beberapa aktiviti yang boleh dibanggakan. Bahasa Malaysia Satu Pertandingan Debat Perdana Undang-Undang telah berjaya diadakan buat julung kalinya pada 21hb. dan 22hb.Jun, 2008 di mana 5 buah universiti tempatan iaitu Universiti Kebangsaan Malaysia (UKM), Universiti Islam Antarabangsa (UIA), Universiti Malaya (UM), Universiti Teknologi Mara (UiTM) dan Universiti Pengurusan dan Sains (MSU) serta 2 kumpulan pendebat ( A dan B ) yang terdiri dari peguam muda dan pelatih dalam kamar mewakili Jawatankuasa Peguam Selangor telah turut bertanding. Manakala satu kumpulan terakhir adalah dari barisan peguam muda yang mewakili Jawatankuasa Peguam Kuala Lumpur turut menunjukkan kehebatan mereka. Pertandingan ini bertujuan untuk mengasah bakat berdebat di kalangan para pelajar, pelatih dalam kamar dan peguam muda. Keseluruhan pertandingan menggunakan Bahasa Malaysia sebagai bahasa pengantar. Pada 21/6/2008 iaitu peringkat suku akhir dan pagi 22/6/2008 peringkat separuh akhir, Auditorium Jawatankuasa Peguam Selangor telah dijadikan medan perdebatan manakala untuk pertandingan akhir di sebelah petang 22/6/2008 telah diadakan di Dewan Renantanda di MBSA.

Pertandingan akhir dengan tajuk “Penggunaan Bahasa Malaysia Di Mahkamah: Apakah Masih Relevan?” telah menyaksikan UKM muncul scbagai juara menewaskan UIA. Walaupun begitu Pendebat Terbaik Akhir menjadi milik UIA.

Kumpulan A dari Jawatankuasa Peguam Selangor yang kesemuanya adalah pelatih dalam kamar telah memenangi tempat ketiga menewaskan UiTM. Juara telah membawa pulang Piala Pusingan, wang tunai RM 1,500.00, sijil dan piala iringan manakala Naib Juara membawa pulang wang tunai RM 900.00, sijil dan piala iringan. Pendebat Terbaik Akhir menerima wang tunai RM 200.00, sijil dan piala iringan.

Suzanawati Ismail

29

17TH ANNUAL GENERAL MEETING Sambutan amat menggalakkan dan kehadiran beberapa orang kenamaan termasuk Hakim Mahkamah Tinggi menambahkan keceriaan majlis. Keseluruhan pertandingan akhir ini turut mendapat liputan dari beberapa media termasuk Sinar Harian.

Semua hadiah di atas dan hadiah saguhati telah ditaja oleh banyak pihak. Saya ingin mengambil kesempatan ini untuk mengucapkan terima kasih yang tidak terhingga kepada kesemua penaja dari kalangan peguam dan syarikat korporat yang telah berbesar hati menyumbang sama ada berbentuk wang atau piala. Terima kasih banyak-banyak. Kami juga sebenarnya telah merancang untuk mengadakan satu Kem Undang-Undang di Dusun Eco Resort, Bentong, Pahang pada 2 dan 3/8/2008 tetapi disebabkan kurang sambutan maka terpaksa dibatalkan di saat akhir.

Syariah Pada 19/11/2008 satu ceramah undang-undang bertajuk “Hak Penjagaan Anak & Bidang Kuasa” dan ‘Pengesahan Cerai Diluar, Adakah perlu Pengesahan?’ telah diadakan di Auditorium Jawatankuasa Peguam Selangor di mana ia merupakan kali pertama diadakan di bawah jawatankuasa kecil ini. Ceramah diberikan oleh Puan Kama Azura Mohd. Kamil dan sambutan diterima adalah memberangsangkan termasuk dari orang awam. SeIain itu kami juga telah mengadakan beberapa diskusi dengan pihak kerajaan Negeri Selangor, MAIS, JAIS dan beberapa NGO berkenaan Undang-Undang Syariah termasuk dengan pihak Ketua Hakim Syarie Selangor dan kesemua ini menunjukkan perkembangan yang baik. Walau bagaimanapun, seperti yang saya pernah maklumkan semasa saya memegang Jawatankuasa Kecil Syariah 2007-2008, tidak banyak yang boleh dibuat kerana tidak ramai peguam syarie di kalangan kita. Tambahan pula kebanyakan mereka Iebih senang bernaung di bawah Persatuan Peguam Syarie Malaysia. Walaupun begitu saya mengharapkan agar sesiapa pun yang mengambil alih jawatankuasa kecil ini pada masa depan boleh meneruskan usaha yang lebih baik. Ucapan Penghargaan

Saya telah mencuba yang terbaik untuk menyumbangkan khidmat saya dalam jawatankuasa keci1 ini dan saya memohon berbanyak maaf di atas segala kelemahan dan kekurangan jika ada. Saya juga ingin mengambil peluang ini untuk mengucapkan terima kasih kepada anda semua kerana telah memberikan kepercayaan kepada saya untuk berkhidmat di dalam penggal ini. Tidak lupa ucapan jutaan terima kasih kepada semua sahabat di dalam barisan jawatankuasa induk ini, ahli jawatankuasa kecil ini serta kakitangan sekretariat yang memberikan komitmen yang tinggi, dedikasi dan bantuan yang tidak berbelah bagi.

Disediakan oleh:

Suzanawati Bt. Ismail Pengerusi Jawatankuasa Kecil Jawatankuasa Kecil Bahasa Malaysia dan Syariah

30


Continuing Legal Education (CLE) The CLE was chaired by Pn. Suzanawati Ismail (together with the Bahasa Malaysia and Syariah Law Committee) initially . As Puan Suzanawati was tied down with her Bahasa Malaysia and Syariah Sub-Committee and busy schedule, the Selangor Bar Committee assisted her by relieving her of her duties on 17.7.2008. There on, 5 talks were jointly organised with other Sub-Committees conducted by respected members of the Malaysian Bar, as follows: 1. “Construction of Defence in Drug Charges” and “Amendments to the CPC and Penal Code” by

esteemed lawyers Mr. Gurbachan Singh and Mr. Athimulam respectively on 25.7.2008, together with the Human Rights and Criminal Law Sub-Committee;

2. Debate entitled “Penggunaan Bahasa Malaysia di Mahkamah – Apakah Masih Relevan?” on

21st – 22

nd June 2008. Organised by the Bahasa Malaysia and Syariah and Continuing Legal

Education sub-Committees, this debate saw encouraging participation from 8 teams, including 5 univerities, with Universiti Kebangsaan Malaysia picking up the overall title;

3. Talk on “Hak Penjagaan Anak & Bidang Kuasa & “Pengesahan Cerai Diluar, Adakah perlu

Pengesahan?”, delivered by Puan Kamaazura Bt Md Kamil on 19th

November 2008; 4. Talk on “Fundamentals of Conveyancing: The Sale & Purchase Transaction” by Mr. Jeremiah

Gurusamy; 5. Talk on “Criminal Advocacy” by En. Hisyam Teh Poh Teik. In line with the spirit of continually improving the quality of the Selangor Bar, it is hoped that there would be even more talks being organised on the many important issues that would be of interest to lawyers. I strongly encourage participation from the members of the Selangor Bar, in particular, young lawyers and even chambering pupils.

In conclusion, I thank the Selangor Bar Committee members and all members, last but not least the speakers for their cooperation and support. Report submitted by :

Rajpal S ingh Chairperson Continuing Legal Education Sub-Committee

31



CONVEYANCING PRACTICE AND SREC

Chairperson : Noor Suhaila Binti Saad

Members : Tee Lian Eng

Hj Abdul Murad B.Che Chik

Sally Chee Lai Yan

Mohan Sivasubramaniam

Grace Dhillon

Guru Dhillon

Surinder Singh Gill

Amalina Binti Abdul Rashid

Izyan Shazwani Binti Ab Aziz

Kamal Shahreen B. Esahak

Norlida Binti Darus

Thanapakiam Krishnen

Ex officio : Rajpal Singh

Sumathi Murugiah

Through out the month of May till the month of July 2008, the Committee had meetings with all the

following land offices :

1) Petaling Land Office on 14th

May 2008, where we discussed issues relating to problems raised

by our members inter alia ;

(a) old titles that have been destroyed and lost

(b) transfer of ownership from bumiputras to non-bumiputras

(c) extraction of title for Government loan purposes

(d) proof of quit rent receipt in respect of properties under strata title.

2) Pejabat Tanah dan Galian Wilayah Persekutuan Kuala Lumpur (PTG KL) on 26th

June 2008,

which lasted about 3 hours. It was a joint meeting with the Kuala Lumpur Bar. At this meeting

the PTG KL made a presentation on their new biometric system. According to the PTG KL,

this new system would bring upon new improvements. We also discussed some of the issues

and problems faced by our members. The PTG KL was very receptive and approachable in

discussing the issues.

Noor Suhaila Bt.

Saad

32


3) Kuala Selangor Land Office on 4th

July 2008. This was a much waited for meeting as we had

requested several times to meet however we had been unsuccessful upto this date. The meeting

went very well with many issues raised by both parties.

4) Klang Land Office on 10th

July 2008. The meeting was held at their new building. At the

meeting, we had among others highlighted on the requirement to enclose assessment receipt

and the District Officer has agreed to waive the assessment receipt requirement for the consent

to transfer and charge. The meeting lasted about two hours or more and the outcome was very

satisfactory.

5) Pejabat Tanah dan Galian Selangor, Shah Alam (PTGSA) on 16th

July 2008 in Shah Alam.

Many issues were brought up by the Selangor Bar Members especially regarding the counter

staff. The Committee also raised the issue of the consent to transfer applications which is no

longer required for master title with restriction in interest and also the non requirement on

consent for foreign buyers which has caused a stir among lawyers. We had argued that with

regards to foreign buyers Section 433E of the National Land Code 1965 must be adhered to.

The committee also highlighted that the land office requirement for assessment receipts to be

enclosed with presentation to land office is not stated in the National Land Code 1965 therefore

it should not be made compulsory. The PTG SA is agreeable and will bring up this issue to the

Selangor State Legal Advisor. We also have suggested for standardisation of forms and further

suggested that simultaneous application for consent to transfer and consent to charge form to be

applied to all the land offices in Selangor and it has already been implemented by some of Land

offices in order to expedite transaction.

The Committee also had a dialogue session with the Real Estate and Housing Developers’ Association

(REHDA) and Ministry of Finance, Housing Loan Division (HLD) at Putrajaya on 17th

June 2008. The

main complaint by REHDA was on the delays by HLD. HLD highlighted that end to end financing

system (ETEFS) will be implemented soon to improve their services.

On 17th

December 2008, the Committee had a dialogue session with Inland Revenue Malaysia at their

head office in Kuala Lumpur. The Amendment to Stamp Act 1949 which will be gazetted soon was

the main topic discussed and also the E-Payment system that is scheduled to be implemented by 1st of

January 2009.

On 29th

May 2008, the Selangor Land Office Task Force had been formed to identify and to find

solutions on issues and problems faced by land offices in Selangor. The Chairperson, Noor Suhaila

Binti Saad and the Honorary Secretary, Ms. Sumathi Murugiah had been invited in their personal

capacity to assist in the Legal sub-committee of the said Selangor Land Office Task Force. In the said

task force many issues were identified, raised and attended to in order to enhance the Selangor land

offices services.

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In addition to the above meetings, the Committee had organised the following talks :

1) On 27th

of May 2008, we organised a free talk on e-adjudication. The talk was given by an

officer from the Inland Revenue Board of Selangor in order to promote the e-adjudication. The

turn out was good, around 50 members attended the talk and were given a demonstration on

how to use the e-adjudication.

2) On 27th

August 2008 , a forum on The Fundamentals of Conveyancing was held and the talk

was presented by Mr. Jeremiah R. Gurusamy from Messrs. Naqiz & Partners. It was a very

good talk and beneficial to all chambering students, new practitioners and at the same time it

refreshed the seasonal practitioners’ memories on the subject matter.

Since the month of March 2008 this Committee had held seven sub-committees meetings. The

committee had discussed problems and issues relating to conveyancing matters. The committee had

always updated members via the Selangor Bar website of any latest developments involving

Conveyancing matters, updates from land offices, phone directories and other relevant bodies. We had

also provided the latest forms for dealings from land offices. We had also requested members for their

feedback on any conveyancing topics for which talks could be held on or any complaints that they

wish to highlight.

It has been a challenging year for this committee due to the change of government and administration

in land offices. I sincerely believe all my Sub Committee members have given their level best in

providing their time and efforts to help lawyers in Selangor to resolve various issues which had

cropped up the whole year. As the Committee Chairperson, I wish to thank my Sub-Committee

members and the Selangor Bar Committee members for their guidance through out this whole term.

Report submitted by :

Noor Suhaila Binti Saad

Chairperson

Conveyancing Practice and SREC Sub-Committee

34


SUB-COM MITTEE REPORTS

COURT LIAISON

Chairperson : Kunamony Kandiah

Members : P. Dev Anand Pillai Tieh Siaw Siong Rajinder Kaur

Tejindarpal Kaur Raj Preet Kaur Yesotha Nathan Teoh Lib Peng

A.G. Kalidas Puan Zalina Bt Abidin Ex-Officio : Rajpal Singh Sumathi M urugiah

The year 2009 has just rolled in with trepidations what holds for all lawyers in the light of the impeding economic recession. Since the clock stops for no one, the time has come again to put up our sub-committee reports. The Court Liaison Sub-Committee in the year 2008 had its share of schedules having met with the various High and Subordinate Court officers in Selangor and in Kuala Lumpur. Courtesy calls and meetings with the High Court Judges, Sessions Court Judges and Magistrates are stated as follows:-

1) 22

nd May 2008-Meeting with KL Sessions & Magistrates Courts

2) 30th May 2008- Meeting with KL High Courts & Commercial Courts

3) 5th

June 2008- Meeting with Appellate & Miscellaneous Matters Division, Jalan Duta, KL

4) 6th May 2008- Meeting with the department Of Insolvency Malaysia.

5) 6

th June 2008- Meeting with KL High Courts Civil Division.

6) 9th July 2008- Courtesy Call and Meeting with Shah Alam High Court Judges.

7) 18

th July 2008- Meeting with Shah Alam and Selangor Subordinate Courts.

8) 21st Novem ber 2008-Reference Proceedings for 10 members of Selangor Bar.

9) 8th January 2009-Meeting with Commercial and Civil Division of High Court KL.

The meetings were primarily to put forth the problems faced by lawyers practicing in the State of Selangor Darul Ehsan when dealing with the members of the judiciary and the court staff. The

major issues raised during the meetings were specifically in relation to filing and extraction of documents. Powers of Attorney, misplaced / missing f iles and documents, Letter of Administrations, Probate matters, striking off cases, court attire, attitude of court’s staff and lawyers, inadequate parking space, late arrival of pr isoners, were the other issues addressed.

Kunam ony Kandiah

35


In the year 2008/2009, not only we witnessed the appointment of Judicial Commissioners but the assignment of additional judges to the Shah Alam High Court. Hence not only criminal matters at the Shah Alam High Court are able to be disposed off within a shorter time frame, but also civil matters because there are now six judges sitting. However, this in my view, is inadequate for a developed state like Selangor. We hope to see more appointments when the new wing is completed. In the early part of 2007, lawyers were also taken by surpr ise when the Civil Sessions Court II and Sessions Court IV, moved to Denmark House at Kuala Lumpur to accommodate the setting up of an additional High Court at Shah Alam. Now those courts have been moved back to MRCB

Building at Shah Alam. It is now suggested and strong possibility that all civil courts will be now accommodated at the MRCB Building at Shah Alam. A. Meeting with Y.A. Datuk Syed Ahmad Helmy Bin Syed Ahmad on 9th July 2008

We had our 1

st meeting with Y.A. Dat uk Syed Ahmad Helmy Bin Syed Ahmad and all

other Selangor High Court Judges and Judicial Commissioners. We had the opportunity to raise issues and put forth problems and complaints commonly raised by lawyers. The issue of long hearing dates for matters which required to be heard urgently supported with

certificates of urgency was also raised. Adjournment of cases at short notice, striking out of cases was, bankruptcy matters – lawyers having to wait long periods to be heard because of late arrival of Bankruptcy Officers was also raised. The issue of misp laced files was also discussed. The Registrar together with the Timbalan Pendaftar also agreed to give full

cooperation. The Yang Ar if has graciously agreed to look into these urgent problems and at the same time informed us that the volume of cases filed in Shah Alam High Court is immense.

B. Meeting with Kuala Lum pur C ourt Judges

Recognising that many lawyers in Selangor also appear and represent their client at the Kuala Lumpur Court and in trying to resolve some of the problems faced there, the Court Liaison Committee on the invitation of the KL Bar Committee met with the Judges, Sessions Judges of the KL Courts.

C. Meeting with Chief Judge of Malaya at Putrajaya

Issues and lawyers grievance were raised; including the atitude and the rude treatment accorded to Selangor Bar members by certain members of the judiciary and the lack of Civil High Courts for the State of Selangor resulting in long hearing dates. Non-replacement of

Magistrates who were transferred at short notice, causing cases to be adjourned pending the appointment of new judicial officers, were some of the issues raised. The Chief Judge agreed to attend to the problems raised.

Members who have forwarded their complaints to the Secretariat were attended to and their complaints have been reso lved. Since not many complaints were received, the sub-committee will assume that lawyers are generally satisf ied with the state of affairs at the court registries with the exception of Shah Alam. But if this not the case the members are encouraged to write their complaints because only on receipt can these complaints be addressed.

36


I also take this opport unity to thank all sub-committees members for their services to the committee. Report submitted by:

Kunam ony Kandiah Chairperson Court Liaison Sub-C ommittee

37



HUMAN RIGHTS AND CRIMINAL LAW

Chairperson : Salim Bashir Members : Suraj Singh

James George Vijayan Ariff Azami Bin Hussein Sreekant Pillai Vasudevan MK Thas K. Ramu Sukhdev Singh Renuka Devi Jayamurugan Halim Ashgar Bin Hilmi Wan Razali Ex-Officio : Rajpal Singh Sumathi Murugiah

Introduction This year was a very active and eventful year for the Committee, with many on-going projects completed and new projects undertaken. The Committee members worked tenaciously to carry-out the assigned tasks. During its tenure, the Committee met 10 times ( at time of writing) to plan, coordinate and execute various projects for the year. The Committee also from time to time contributed to the activities by National Criminal Law Committee and provided legal opinions on points of law and procedures. Completed Projects 1. Talks In the light of the amendments to the Criminal Procedure Code, the Committee organised a talk on the amendments at the Selangor Bar Auditorium on 23

rd July, 2008. A senior criminal lawyer, Mr

Athimulan delivered a talk on Section 51A Criminal Procedure Code(CPC) and other amendments to the ‘CPC and the Penal Code'. On the same day, we also had the privilege of Mr Gurbachan Singh talking about 'Constructing Defences For Drug Charges'. On 5th December, 2008, we had our third speaker, Mr Hisyam Teh Poh Teik to guide us through his topic 'Criminal Law Advocacy', and it was very encouraging to note the active participation of our members throughout the said talk.

Salim B. Bashir Bhaskaran

38


2. Meetings With State Authorities The Committee made a courtesy visit to the State DPP’s office. Several issues plaguing the criminal law practice were brought to the attention of the state head of prosecution during the said meeting. The Committee also met with the Selangor Chief Police Officer Dato’ Khalid together with the Selangor Bar Chairman, Mr Rajpal Singh. The meeting was very cordial, and hopeful that his subordinates will carry-through the understandings reached between us and the top-brass of the state police force. The Committee also impressed the Chief Police Officer on the strict implementation of Section 28A Criminal Procedure Code (amendment) at all district levels. The Committee also met with a number of district Chiefs-of-Police in order to settle some perennial problems that raised concern among criminal law practitioners. The Committee also requested for a meeting with the State Director of Immigration, the National Registration Department Director, and also the Director of Sungai Buloh Prison. Unfortunately the committee did not receive any response on our request to meet them todate. Task Force

The Committee launched a task force on Human Rights comprising of four members which is headed by the sub-committee chairman. Its task is to identify violations of human rights in Selangor, to remedy them and to attend various trainings organised by NGO’s and Suhakam. Its function is also to attend to any problems faced by lawyers who are handling criminal matters. The task force is also to attend urgent arrest situations involving the State Bar members. During it's tenure, the task force representatives were involved in handling issues of stateless children’s problem and urban settlers programme in collaboration with the state government and had also participated in child-pornography round-table discussion with Suhakam. We have also undertaken a task to bring the attention of the State Government on the plight of the Orang Asli Community in Selangor and strongly urge the State Government to withdraw their appeal of ‘Sagong Tasi V Government of Selangor’ which is currently pending at Federal Court. In October, the task force committee and the Selangor Bar Chairman hurried in the wee hours of the morning to Petaling Jaya police station because a Selangor Bar member was arrested by police on his alleged involvement in the Raja Petra Candle Virgil demonstration in Petaling Jaya. The Selangor Bar Chairman, Mr. Rajpal Singh, the Committee and few other members of the legal fraternity met with the state Chief Police Officer on this matter, and we were given the cooperation by the police to meet the detainees and secure their rights and release.

39


Meetings With High Court Judges The Committee representatives brought up some problems affecting lawyers handling criminal matters in Selangor to the attention of the High Court Judges, at criminal division, with emphasis on problems relating to transmission of cases, compliance with Section 51A Criminal Procedure Code (amendments) and lengthy dates. Meeting With Lower Court Judges And Magistrates The Committee also met with Lower Court Judges and Magistrates handling criminal cases, problems regarding blanket refusal of D.N.A.A ( discharge not amounting to acquittal), remand issues, Section 51A Criminal Procedure Code compliance and so forth were discussed and we managed to iron-out some of these problems. The Committee also invited practitioners to raise issues and problems, voice dissents over some of the court practices and suggest proposals for changes by emailing to us or calling any of the Task Force Committee members, on their handphones. The name and our phone numbers were posted on the Selangor Bar official website. Watching Brief

On request by the Bar Council, our Committee also held a watching brief in the RAJA PETRA Habeas Corpus application before Judge Dato’ Syed Ahmad Helmi on issues of preventive detention. Problems Raised And Solved

a) Traffic woes and summons in front of Shah Alam High Court Complex Parking has become a core-problem in the High Court, Shah Alam Complex. The traffic police were instructed to issue summons on cars parked at the divider. The State Bar Committee Chairman and sub-committee chairman met Dato’ Syed Ahmad Helmi, to explore the problem. His Lordship promised to approach the state Chief Police Officer, we were later informed that the police have agreed not to summon the cars parked at the courts vicinity. An advisory guide is posted on the web-site on the various locations for parking for the benefit of Bar members. b) Problems in Immigration Courts and Detention Centre in Semenyih, Selangor. The Committee wrote to the Selangor Immigration Director for an urgent meeting, but to-date we have not been furnished with any suitable date for the meeting. c) Problems in Sungai Buloh The Committee acknowledges the concerns about some new directives and practices for lawyers visiting their clients in prison. As to-date, we have not received any official directive from the authorities or any complaints in writing regarding the same. The Committee still awaits for some response from the Sungai Buloh prison officials on our request for a meeting.

40


d) Traffic Summons in Klang Court Committee raised its concern on this practice during the meeting with the Timbalan OCPD Klang and the District Police Traffic Chief. e) Outdated Criminal Law Brochures. In light of the recent amendment to Section 28A and 117 Criminal Procedure Code, the Committee was tasked by Bar Council to revise the outdated content of the Legal Aid Brochures.

Walkabout On 20

th December 2008, the Criminal Law Committee in collaboration with the Legal Aid Selangor

Bar Centre, jointly organised a walkabout in the town centre of Klang. Apart from enjoying a healthy life-style on Saturday morning, the purpose of this entire exercise was to distribute leaflets and brochures to members of the public and enlighten them of their rights and remedies. The brochures consisted of write-ups and highlights of the criminal law, employment law, family law, Syariah law and the basic civil claims. The activity was also to promote the Selangor Bar Legal Aid Centre. The response for this event was seemingly very encouraging and was attended by practitioners and chambering pupils. The Committee is also planning to hold more events as such in other areas in Selangor.

Appreciation I would like to record my gratitude to the members of my sub-committee and task force for their indelible contribution towards the service of this committee and to the Selangor Bar Chairman, the main committee members, bar representative and the secretariat staff for their unfailing support during my tenure as Chairman of this Sub-Committee. Thank you.

Report submitted by : Salim B. Bashir Bhaskaran Chairperson Human Rights & Criminal Law Sub-Committee

41



PUBLICATION Chairperson : Rajpal Singh Members : Jude Alexander Norafilzah Bt. Amran Siti Zalzaliza Bt. Zulkhafri Dev Anand Pillai Tieh Siaw Siong Editorial Board : Biliwi Singh A. Santha Kumar Balan Nair Advisors : S.S. Muker S. Ravichandran George Varughese Ex-officio : Sumathi Murugiah Puan Zalina Binti Abidin was appointed as the Publication Sub-Committee Chairperson together with the incoming Committee members. She proceeded thereafter to set up the Publication Sub-Committee. However, due to personal reasons, Pn. Zalina was unable to continue her duties with the Sub-Committee. With the assistance of the Editorial Board, in particular the Editor, Mr. Biliwi Singh, and also Puan Zalina, we went on nevertheless to publish the Ad Rem magazine. The printing of the Ad Rem magazine was with the kind cooperation of the printers, who agreed to reduce the cost of printing. As such, the overall cost of printing and distributing a single issue of the Ad Rem magazine was reduced from RM17,850.00 to RM14,255.00. Notwithstanding this, it has become clear that to sustain the financial well-being of the Selangor Bar, that more cost-effective options be undertaken, especially in light of the present economic climate. It was with this in mind that the Committee had decided, by upgrading the Selangor Bar website, we would absorb the cost of printing another issue of the Ad-Rem publication. This is with the intention of both cost-cutting as well as utilising a more efficient means of disseminating information. As such, i am hoping the next Committee will hopefully print one hard copy of Ad Rem, immediately following the AGM, as much of the information that needs to be disseminated out to members of the Selangor Bar can be done mostly through the website in the future. We were further unable to print another issue of the Ad Rem due to the lack of supporting contributions from the members of the Selangor Bar in producing articles to the editor. There was also a lack of advertising sponsors to reduce the cost of printing another issue of the Ad Rem. We hope that more members of the Selangor Bar will contribute in writing articles and forward materials for the benefit of the other members of the Selangor Bar. We hope also that more members would come forward in assisting to procure advertisements in the Ad Rem publication to defray the printing costs.

Rajpal S ingh

42


In conclusion, I would like to thank, Mr. Biliwi Singh the editor, all the sub-committee members and also the Editorial Board and the Advisors for their undivided support.


Rajpal S ingh

Chairperson

Publication Sub-Committee

43



LEGAL AID CENTRE SELANGOR (LACS) Management Panel: Chairperson : Alvin Neo Hon. Secretary : Ramesh K. Supramanian Members : Syamsuriatina Binti Ishak Zainal Said Salim Bin Bashir Bhaskaran Surinder Singh Gill Sreekant Pillai S.K. Tan Ex-officio : Rajpal Singh Sumathi Murugiah Legal Aid Centre Staff : Alan Goh Heng Jin - Legal Officer Gomathy Balasupramaniam – Office Adminstrator

/Programme Coordinator. (resigned w.e.f. 1st

January 2009)

Hanani Binti Azmi – Accounts / Admin Assistant. (joined w.e.f. 15

th September 2008)

Abd Samad Bin Mohd Kassim (joined w.e.f. 1st

October 2008)

Firstly I wish to express my appreciation to the Selangor Bar Committee (SBC) for giving me the opportunity to be the Chairperson of Legal Aid Centre Selangor (LACS) for the year 2008 / 2009. The year under review has been challenging with LACS conducting its regular and core activities as planned for that period. LACS is constantly improving itself so that its objectives can be achieved through carefully structured schedules and programmes. On this note, LACS will continue to source for more volunteer lawyers to assist in its prime purpose of offering legal representation to accused who cannot afford to engage a lawyer. Even though the daily activities have been on the increase, unfortunately, the high rate of staff turn over has been counter productive. In line with the extensive publicity given to the existence of LACS, it is the Committee’s fervent hope that LACS can compliment and equally provide better legal aid services at LACS. LACS remains committed in providing legal representation to the poor and the needy besides fulfilling its obligations towards providing the required legal aid training to chambering pupils under the respective programmes in collaboration with LAC KL, AWAM, WAO, SIS, and Consumer Association. For this year, LACS have organised programmes and training for approximately 150 chambering pupils. Besides the above stated programmes, LACS in collaboration with ERA Consumer have started a legal aid service clinic at their centre.

Alvin Neo

44


In 2008, law awareness outreach programmes were conducted at the following venues: Monfort Boys Town (4

th May 2008)

In conjunction with Montfort Boys Town (“Monfort”) open house carnival on 4

th May 2008, LACS

conducted a law awareness programme at one of the stalls provided by Montfort. This is the third consecutive year in which the event was organised at Monfort and a total of two lawyers and five chambering pupils assisted on a voluntary basis in advising the public on various matters which included employment, estate/letters of administration/probate/wills, contract, family and criminal law. User friendly materials in the form of leaflets and booklets prepared by the Bar Council were distributed to the public and the volunteers were at hand to explain any queries that arose on the said materials. For this programme, LACS distributed 928 leaflets/booklets and interviewed 28 clients. LACS hope to organise further events like legal talks / seminars for the students there so that they may be more aware of their rights as future employees when they graduate eventually. SARC APEX Charity Carnival, Klang (14

th June 2008)

LAC was indeed privileged to have been invited to participate at the said Charity Carnival. The carnival was well attended by the public and benefactors, this being a charity event. Unfortunately, LACS was given a class room to conduct our law awareness programme whilst the activities were conducted at the playing field. As such the human traffic flow along the said classroom was not too encouraging and it did allow us the opportunity to meet up with more people. Hopefully, the organizers will provide us with a better location for our next venture with them. On that day, LACS distributed 254 leaflets/booklets and interviewed six clients while three lawyers and one Chambering pupil volunteered their services. Program Khidmat Komuniti Perdana @Padang Permainan Puchong Prima (13

th July 2008)

This community event was organised to promote integration among the local residents and LACS were invited for the first time. LACS gladly responded even though there was another event two weeks thereafter. Various organisation and NGOs were present to provide their services and the response was very good. For this event, LACS distributed 415 leaflets/booklets and interviewed 52 clients while four lawyers volunteered their services. St Anne’s Church (27

th July 2008)

In conjunction with St Anne’s feast, LACS conducted a law awareness programme at St.Anne’s Church, Port Klang. The celebration at the Church was well attended by the public and in particular the pilgrims from all over the country including migrants from other countries. The Church committee provided LACS with 2 tents for our purpose and after each prayer session the pilgrims converged to make enquires or asked for legal advice from our eight volunteer lawyers who were present to assist on the said day. LACS wish to register our thanks to the KL Catholic Lawyers Association for sending their volunteers lawyers to assist us regularly at this event. User friendly materials in the form of leaflets and booklets prepared by the Bar Council were distributed to the public and the volunteers were at hand to explain any queries that arose on the said

45


materials. At St. Anne’s, LACS distributed 506 leaflets/booklets and our volunteer lawyers interviewed 43 clients.

Karnival Mesra Rakyat Kota Kemuning (3rd

August 2008) This is the second consecutive year the organisers have invited LACS to this social community event organised by its Resident Association in collaboration with Yayasan Amal Malaysia and many others. At Kota Kemuning, a total of five lawyers and one chambering student were present to provide the necessary information and advice required by the residents during the said event. For this programme, LACS distributed 337 leaflets/booklets and the volunteer lawyers interviewed 27 clients. “Walk About” 20

th December 2008

In conjunction with the International Human Rights celebration, Selangor Bar’s Criminal Committee and Legal Aid Centre jointly organised the “Walk About” in Klang Town on 20

th December 2008.

The aim of this event was to distribute legal information contained in the respective leaflets that covers a broad spectrum ranging from the rights of police detainees, accidents, issues on arrest and bail, family and employment matters including contact information on our Legal Aid Centres. The theme “Walk About” was chosen to illustrate the actual movement of lawyers as they assimilate themselves into the very heart of the general public’s daily routine, an opportunity to walk along side them, cajole them to speak up and asked questions, perhaps even to the extent of providing solutions to their queries in the short span of time. This event attracted a participation of nearly 50 lawyers, including chambering pupils and staff. Notably visible were some office bearers and senior lawyers from Selangor Bar to lend support and encouragement. For this programme, LACS distributed approximately 2563 leaflets/booklets and the volunteer lawyers interviewed numerous clients. It was indeed a tiring day, nevertheless a fruitful one and a sense of satisfaction was felt by all. All the events organised by LACS was a success and special thanks and appreciation must be extended to all the members of LACS MP and also the support, contribution and assistance rendered by all members of SBC and the respective lawyers from Selangor. Visit from Center for Protection of the Rights of Disadvantaged Citizens (CPRDC) – Wuhan University China. On the 13

th January 2009, SBC and LACS jointly hosted a visit by five Professors of Law from the

Wuhan University. This Chinese University based legal aid group’s purpose for their visit to Malaysia was to study the experience of legal practitioners and legal aid groups on how to develop principles and practices of public interest litigation in Malaysia. We were indeed privileged to have hosted this visit and efforts were made to organised their schedule for a meaningful visit. Present to welcome the Chinese delegates at the Court Complex were members of SBC and LAC Management Panel namely, Mr. Salim, Mr. Surinder Singh Gill and Ms. Tan Sock Kim. Appreciation and thanks goes to Ms. Tan for being our interpreter through out the group’s visit to Selangor Bar.

46


The delegates visited the Shah Alam Court Complex and were duly entertained by the respective court staffs assigned to assist us. The high point of the visit to the Courts was the delegate’s audience with the Hakim Kanan Mahkamah Rendah Shah Alam, Tuan M. Gunalan. The said tour included visits to the respective Civil and Criminal Registry and the group also witnessed a civil trial at the High Court. The visit culminated with a tea party with Tuan M. Gunalan and the delegates commented that their visit to the Shah Alam Court was very purposeful and educational. The delegates were then ushered to the Selangor Bar Secretariate where Mr. Rajpal Singh and Ms. Syamsuriatina welcomed them. The delegates toured the Secretariate building including a visit to the Legal Aid Centre and there after a talk on human rights cum public interest litigation was given by Mr.Edmund Bon, the Chairman of the Bar Council Human Rights Committee. The talk and discussion was cordial and friendly participated by all present. The delegates responded with numerous questions which Mr. Edmund and other SBC members present gladly obliged with answers and clarifications.The group’s visit ended with a dinner hosted by SBC at a hotel in Petaling Jaya. Moving forward, a new legal aid centre was set up in Kuala Selangor and was officially opened in February 2008 by our Bar Council President, Datuk Ambiga Sreenevasan. This heralded a new challenge for LACS in establishing itself as a legal aid service centre in the surrounding areas of Kuala Selangor. The Centre’s strategic location attracted a steady flow of walk in clients and many people have already been made aware of the existence of this Centre. For the year under review, this Centre serviced 168 clients. Another achievement during this short spell is the introduction of the dock brief programmes conducted at the Kuala Selangor Magistrate Court during the 3

rd quarter of this year. The

Magistrate has agreed to allow LACS to conduct its dock brief programme on Mondays and Wednesdays. In line with the main objective of LACS, this Centre participated in two law awareness outreach programmes in and around Kuala Selangor. One was at the post office at Bestari Jaya (Batang Berjuntai) where a total of two chambering students were present to provide the necessary information and advice required by the residents during the said event. For this programme, LACS distributed 94 leaflets/booklets and the volunteer lawyers interviewed eight clients. The other was in collaboration with Majlis Daerah Kuala Selangor during their “Meet the Client’s Day” where one chambering student and four attachment students were present to provide the necessary information and advice required by the residents during the said event. For this programme, LACS distributed 347 leaflets/booklets and the volunteer lawyer interviewed 17 clients. In terms of future plans, with the assistance, support and encouragement of all members of SBC and volunteer lawyers in Selangor, LACS aspire and work towards the following:-

- set up a mobile clinic to extend legal aid to a more diverse and needy clients in the rural areas beyond corridors of the Klang Valley.

- To conduct dock brief programmes at the Magistrates Court at Sungai Besar. - To independently organised the respective legal aid programmes in collobration with the

current NGOs and prison visit to Sg. Buloh. - To conduct independently orientation programme for pupils, motivation courses and dock brief

training sessions.

47


In conclusion, I would like to express my thanks and gratitude to all members of SBC and my sub – committee for 2008/2009 for extending their cooperation and assistance. My appreciation to all volunteer lawyers who have offered their assistance and to all the LACS staffs for their commitment in serving the LACS.

Report submitted by : Alvin Neo Chairman Bar Council Legal Aid Centre Selangor

48


PROGRAMMES UNDERTAKEN BY LEGAL AID CENTRE SELANGOR FOR 2008:-

Programmes Batch Date Time Venue No. of Students

AWAM Batch 14 28.01.08 – 26.04.08 10.00am - 4.30pm Petaling Jaya 10

SIS Batch 14 28.01.08 – 26.04.08 10.00am - 4.30pm Petaling Jaya 3

WAO Batch 14 28.01.08 – 26.04.08 10.00am - 4.30pm Petaling Jaya 1

CONSUMER Batch 10 14.01.08 – 18.04.08 10.00am - 4.30pm Petaling Jaya 7

SG. BULOH Batch 11 12.02.08 – 22.04.08 8.30am - 3.00pm Legal Aid Centre (KL) 5

ERA






ERA






ERA






ERA



WAO Batch 18 29.12.08 – 27.03 09 10.00am - 4.30pm Petaling Jaya 1


SG.BULOH Batch 15 06.01.09 – 24.03.09 8.30am - 3.00pm Legal Aid Centre (KL) 5

ERA Batch 1 26.11.08 – 25.02.08 10.00am – 4.30pm Petaling Jaya 1

TOTAL 107

Programmes No. of Students Duration Venue No. of Mitigation cases

Dock Brief 89 Jan - Dec 2008 Shah Alam Magistrate Court

4 & 5 180

49


TOTAL FILES OF THE CENTRE:-

Files Opened / Assigned in 2008 Adv ice File for 2008

FILE CATEGORY NO. OF FILES FILE CATEGORY NO. OF FILES Criminal 258 Criminal 2044

Family / Syariah 27 Family 1094 Employment 0 Employment 938

Court assigned files 0 Syariah 685

Miscellaneous 0 Others 2052

TOTAL 285 TOTAL 6813

Files Closed in 2008

FILE CATEGORY NO. OF FILES

Criminal 23 Family / Syariah 17

Employment 0

Court assigned files 0

Miscellaneous 0

TOTAL 40

LAW AWARENESS / OUT REACH PROGRAMMES (A). MONFORT BOYS TOWN ( 4th MAY 2008 )

ISSUES INVOLVED

FAMILY 8

LAND 3

CONTRACT 5

EMPLOYMENT 1

OTHERS 12

NO. OF PAMPHLETS

DISTRIBUTED / ADVISED :928

NO. OF CLIENTS INTERVIEWED : 29

VOLUNTEER LAWYERS : 2

CHAMBERING STUDENTS : 5

50


(B). SARC APEX CHARITY CARNIVAL KLANG (14th JUNE 2008)

ISSUES INVOLVED

FAMILY 2

LAND 1

CONTRACT 1

OTHERS 2

NO. OF PAMPHLETS


NO. OF CLIENTS INTERVIEWED :6

VOLUNTEER LAWYERS :3

CHAMBERING STUDENTS 1

(C). KHIDMAT KOMUNITI PUCHONG PERDANA ( 13th JULY 2008 )

ISSUES INVOLVED

FAMILY 8

CRIMINAL 3

LAND 7

CONTRACT 4

EMPLOYMENT 5

OTHERS 25

NO. OF PAMPHLETS





51


(D). ST.ANNE'S CHURCH ( 27th JULY 2008 )

ISSUES INVOLVED

FAMILY 9

CRIMINAL 0

LAND 5

CONTRACT 8

EMPLOYMENT 3

OTHERS 18

NO. OF PAMPHLETS





(E). KOTA KEMUNING ( 03 AUGUST 2008 )

ISSUES INVOLVED

FAMILY 6

CRIMINAL 0

LAND 2

CONTRACT 4

EMPLOYMENT 0

OTHERS 15

NO. OF PAMPHLETS

DISTRIBUTED / ADVISED : 337




52


(F). PEJ. POS BESTARI JAYA ( 19 NOVEMBER 2008 )

ISSUES INVOLVED

FAMILY 2

CRIMINAL 0

LAND 1

CONTRACT 3

EMPLOYMENT 0

OTHERS 2

NO. OF PAMPHLETS


NO. OF CLIENTS INTERVIEWED 8

VOLUNTEER LAWYERS 0


(G). WALK ABOUT KLANG ( 20 DECEMBER 2008 )

ISSUES INVOLVED

FAMILY 620

CRIMINAL 500

LAND 120

CONTRACT 210

EMPLOYMENT 300

OTHERS 813

NO. OF PAMPHLETS

DISTRIBUTED / ADVISED 2563


VOLUNTEER LAWYERS 10


53


(H). MAJLIS DAERAH KUALA SELANGOR ( 23 DECEMBER 2008 )

ISSUES INVOLVED

FAMILY 6

CRIMINAL 0

LAND 4

CONTRACT 3

EMPLOYMENT 0

OTHERS 4

NO. OF PAMPHLETS

DISTRIBUTED / ADVISED 347


VOLUNTEER LAWYERS 0


54


CHAMBERING PUPIL’S ORIENTATION SESSIONS FOR 2008 (INTRODUCTION TO LAC)

DATE: 10TH JUNE 2088 DATE: 18TH DEC 2008 SPEAKER : ALVIN NEO

DATE: 17TH JULY 2008

TOTAL ACTIVE FILES FROM 2002 - 2008

FILE CATEGORY YEAR 2002

YEAR 2003

YEAR 2004

YEAR 2005

YEAR 2006

YEAR 2007

YEAR 2008

Criminal 2 7 17 18 31 56 258

Family / Syariah 2 2 6 9 15 30 27 Employment 0 0 0 0 0 2

Others 0 0 0 2 0 0

TOTAL 4 9 23 29 46 88 285

TOTAL ADVICE FILES FROM 2002 - 2008

FILE CATEGORY YEAR 2002

YEAR 2003

YEAR 2004

YEAR 2005

YEAR 2006

YEAR 2007

YEAR 2008

Criminal 1 15 35 0 37 67 2044 Family / Syariah 0 16 20 11 47 75 1094

Syariah 685

Employment 0 0 0 0 0 37 938

Others 0 0 0 0 318 4066 2052 0

TOTAL 1 31 55 11 402 4245 6813

DOCK BRIEF TRAINING SESSION FOR PUPILS AT SLAC (2008)

DATE TIME SPEAKER ATTENDANCE

28TH MAY 2008 3.00pm - 5.00pm Ramesh K. Supramaniam 25 pupils

09TH OCTOBER 2008 3.00pm - 5.00pm Salim Bashir 30 pupils

55


LIST OF VOLUNTEER LAWYERS

1 A.G Kalidas 24 Dev Anand

2 Abdul Razak Bin Jamaludin 25 Edwin Johnson

3 Abdul Razak Hussain 26 Esther Tan Siew Choo

4 Abdul Shukor Bin Mohd Yusof 27 Faizul Bin Mohd Nasir

5 Abun Sui Anyit 28 G. Thangadurai

6 Adi Harman Bin Hj Mawardi 29 George Varughese

7 Adri Amrul Bin Ariffin 30 Gerald Lazarus

8 Afifuddin Bin Ahmad Hafifi 31 Haji Nordin

9 Alv in Loo Wi Chung 32 Hanif

10 Alvin Neo 33 Huzaini Bin Hussin

11 Anand 34 Imam Abu Said

12 Arvinder Singh 35 Imran

13 B.S Ananthan 36 Izyan Shazwani Binti Aziz

14 Bernard Scott 37 J. Christopher Joseph

15 Boestamam Bin Ahmad 38 J. R. Ravendren

16 Chan Chin Chye 39 Jacqueline Lee Hwai Chuen

17 Chan Yiew Hock 40 Jamaludin Bin Ibrahim

18 Charlotte Jennifer Thomas 41 Jane Pragasam

19 Clement G Lopez 42 Jayamurugan

20 Danendra Markandu 43 K.Ravindran

21 Dasmit Kaur 44 Kanarasan

22 David Lingam 45 Krishnamurthy

23 Devadason 46 Kuek Wee Teng

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47 Kulasekar 81 Raja Ismail

48 Kunamony Kandiah 82 Rajpal Singh

49 Lana Azman Bin Eli 83 Ramesh K. Supramaniam

50 Lee Teong Hooi 84 Ramu

51 Lo Song Jeng Daniel 85 Raymond Chu Hon Fai

52 Logendran 86 Rehvathi

53 M.K Thas 87 Rodzim

54 Maria Viv ienne Pereira 88 Roland Engan

55 Mary Ann John 89 Rosilawati Bt Ahmad Basir

56 Mary Song 90 Rozita Binti Shaikh Salleh

57 Moeis 91 S. Rathakrishnan

58 Mohd Azlin Bin Mohd Razali 92 S. S Rav ichandran

59 Mohd Hisham Bin Mohd Nazir 93 Saladin Bin Mohd Yasin

60 Mohd Jamil Yaacob 94 Salim Bin Bashir Bhaskaran

61 Mohd Rosly Khady Bin Mohd Ayub Khan 95 Sandosh Anandan

62 Mohd. Shah Hime Nasir 96 Saravanan

63 Mohsin Abdul Kader 97 Saravanan A/L Subramaniam

64 Muhammad Fairuz Ahmad Yusof 98 Savinderjeet Kaur

65 Murugan 99 Selayamany

66 Murugesan A/L Sinnandavar 100 Shahul Hameed Bin Abd Wahab

67 Musa Awang 101 Shalini Devi

68 N. Sooria Murthy 102 Shengar

69 Nadarajan 103 Shirdieswaran A/L Thangarajah

70 Navamani Muthamayam 104 Shivarajan Navaratnam

71 Ng Chung Yee 105 Shuib

72 Nor Hazura Binti Hamzah 106 Siti Zawiah Binti Ruslan

73 Norhayati Binti Abd Manan 107 Sivashankar

74 Nur Hidayaty Binti Maidin 108 Sonia Jayantkumar Shah

75 Ooi Wei Neng 109 Sritheran A/L Renganathan

76 Oh Saw Khim 110 Steven Tai

77 Pramjit Kaur 111 Suhaida

78 R. Paranjothi Av aiya Selv i 112 Sukhdev Singh

79 R. V. Lingam 113 Sulaimi Bin Sulong

80 Raippen 114 Sumanthi Murugiah

57


115 Suriati Binti Ghani

116 Suzana Ismail

117 T K Lee

118 Tay Key Seng

119 Teh Yoke Hooi

120 Tej indarpal Kaur

121 Theivaendran

122 Toh Ah Noi

123 Vasudevan Appu

124 Vicky

125Vignesh

126 Vijay Chander Rajendran

127 Vijayan

128 Vilasini Menon

129 Vincent Vijayan

130 Visnuv arman

131 Wan Srihana Wan Mohamad

132 Wong Kim Ho

133 Wong Wai Yee

134 Yap Soon Hock

135 Yogananthan Ramasamy

136 Yong Soon Ching

137 Zalina Binti Abidin

138 Zawharul Haq Bin Hj Abdul Rahman

69


SUB-COMMITTEE REPORT

SECRETARIAT, FINANCE, LIBRARY & BUILDING

Chairperson : Sumathi Murugiah Ex-Officio : Rajpal Singh

FINANCE

The details of Selangor Bar’s income & expenditure and balance sheet are set out in the Audited

Accounts annexed with this Annual Report.

The total income derived by Selangor Bar in the year 2008 has also increased to RM639,210.00. As

usual, its primary sources of income were the members' annual subscriptions.

Although there has been an increase in cost of providing some of the following services, this was not

been passed on to our members and the fees charged were maintained so as not to burden members.

The relevant rates for members are as follows:

• Photocopying charges in the library - RM0.20 per copy

• Photocopying charges in S.A Bar Room - RM0.30 per copy

• Use of CLJ Online in the library - RM5.00 per 30 minutes

• Printing from CLJ Online - RM0.20 per page

• Placing of classifieds on website - RM20.00 per week

• Rental of bands/bibs in S.A. Bar Room - RM5.00 per item

• Rental of collars/robes in S.A. Bar Room - RM5.00 per item

• Registration fee to attend Seminars/Talks - RM20.00 or below, some talks are held

free of charge.

The response for other income generating services such as advertisements placed in the Ad Rem

publication and the Selangor Bar website are still not encouraging. These facilities are provided at

nominal charges and members are encouraged to use them as it will provide an income source for the

Selangor Bar which will in the long run benefit members themselves.

The total expenditure incurred by Selangor Bar for the year 2008 was RM573,630.00. It is rather

satisfying to note that the total expenditure after deducting expenses such as building maintenance

cost, upgrading office equipment, value added service such as SMS alert, CLJ online, purchase of a

mobile LCD projector and the expenses incurred by the Selangor Bar on the sub-committee’s various

activities were possible without any significant difference in the expenditure. However, an increase in

Sumathi Murugiah

70


the expenditure was incurred due to the exercise of upgrading the services provided to the members of

the Selangor Bar with special reference to Sports, Website & Social events.

The Selangor Bar's income and expenditure account for 2008 reveals a surplus of RM65,580.00.

Selangor Bar’s accumulated funds as at 31st December 2008 comprise RM626,944.00 in fixed

deposit accounts and RM49,687.00 in the current account.

With regards to the facility taken from UOB Bank (M) Berhad for the purpose of financing the

purchase of the Selangor Bar building, the balance due to the bank as at 31st December 2008 stands at

RM378,206.86 with a monthly instalment of RM4,039.00 at BLR + 0.8% p.a. (BLR at 6.75% p.a).

SECRETARIAT

Some of the sub-committees under the stewardship of the respective Chairpersons have performed

extraordinarily well this term which in turn demanded a high level of commitment from the secretariat

staff particularly when some committees failed to attract enough general members of the Selangor Bar

to serve in the respective committees. However, I am proud to say that the staff rose to the challenge

and performed their duties well in assisting the sub-committees’ Chairpersons in carrying out their

tasks.

The outgoing committee of 2007/08 employed Mr Thinnagaran as the executive secretary in February

2008 and Mr. Gunaalan was employed to join the team in April 2008 as an administrative clerk cum

dispatch by the present committee. Mr. Gunaalan also relieved our accounts executive, Shariza

during her maternity leave.

The office hours of the Secretariat remained unchanged i.e. Mondays to Fridays from 8.30am to

5.30pm. The secretariat and the library is open every Saturday from 9.00am to 12.30pm to facilitate

members to its services.

Despite their designated workload, all members of staff contributed and assisted one and other in

executing their respective duties. The staff were collectively involved in the running of all major

functions and events organized by the Committee and its sub-committees. The staff's respective

designations and departmentalised workload are as follows:-

Thinnagaran Executive Secretary

Attends to correspondences and e-mails. Administration of the

secretariat as a whole. Attends committee meetings and prepares

their minutes. Also staff in charge of 'Social, Charity, Welfare &

Publicity', 'Continuing Legal Education', 'Secretariat, Finance,

Building & Library' sub-committees.

Shariza Accounts Executive

Administration of Secretariat finances, preparation of

Secretariat accounts, issuance of Sijil Caruman, update

71


membership programme.

Staff in charge of 'Secretariat, Finance & Building',

'Conveyancing Practice & SREC' and 'Court Liaison' sub-

committees.

Vasantha Executive Officer

Attends to the reception area, attends to correspondences and e-

mails, assists in issuance of Sijil Caruman, and assists in

organisation of events and functions. Booking of conference room

for DC and any other meetings.

Staff in charge of ‘Human Rights & Criminal Law', ‘Social,

Charity, Welfare And Publicity’ and 'Town Representative' Sub-

Committees. Staff in charge of refreshments for meetings.

Norazlina Executive Officer

In charge of Library. Staff in charge of 'Information Technology',

'Bahasa Malaysia & Syariah' and 'Publication' Sub-committees.

Gunaalan Adminstrative Clerk/Depatch

In charge of pupils in chambers and 'Young Lawyer Affairs' sub-

committee.

He also does depatch work.

Khairul Nizam General Clerk

Administration of secretariat office in the Shah Alam Bar Room,

administration of the BC. Boxes, administration of the Bar Rooms,

updating notice boards, recording and filing of Sijil Caruman,

attending to outgoing works.

Staff in charge of 'Sports' sub-committee.

As far as the Selangor Bar building is concerned regular maintenance work has been carried out and

there were no major problems in the past year. As a part of the usual maintenance exercise, we had

serviced the air-conditioners, cleaned the carpet in the conference room and the auditorium. We were

also given the face of the building a fresh coat of paint and had re-varnished the wooden panels in the

front of the building.

We have added a new access point to our current wireless network at the Secretariat in order for the

users at the first and second floor of the Selangor Bar building to access internet service smoothly. The

Committee has also insured the building, its fittings and furniture, office equipment and library books

against fire. The Committee has further insured the same (excluding building) against burglary. We

have also purchased a fire proof cabinet to be placed at the Secretariat. A mobile LCD projector has

been purchased by the Committee for the usage of the events held other than in the Selangor Bar

Auditorium.

72


The Committee continues to oversee the Bar Rooms in Shah Alam, Klang, Bangi, Telok Datuk,

Ampang, Selayang and Kuala Kubu Bahru. Newspapers continue to be placed daily at the Bar Rooms

in Shah Alam and Klang. The Committee was required to furnish the Bar Room at the MRCB

Building when a Bar Room was provided by the courts when the Civil Courts of the Shah Alam

Courts was relocated by them to the MRCB Building.

The Bar Room in Ampang Court has been moved to another room from its previous location of the

court complex. This was done on the directions of the Courts and was necessary as the Courts intended

to change the former Bar Room into an additional Court room. We had also refurbished the Bar Room

at the Klang Court.

Although a Bar Room has been promised to be allocated for the use of the Selangor Bar Committee at

the new Court Complex at Kuala Selangor, the keys to the said room has yet to be given as of the date

of publication.

LIBRARY

The library houses MLJ, CLJ, AMR, Industrial law and All England Law reports. The library also

houses CLJ online for two users.

Over and above the books, added services like wireless internet facilities (free of charge) and

photocopier at nominal fee are available for the sole use of members.

Ms Norazlina is the staff in charge of the library and she is placed full time at the library to assist

members.

A substantial amount of monies was invested by previous committees and the current committee in the

purchase of books, having the interest of the members in mind. However, the usage of the library by

members is rather disappointing. Members are encouraged to make full use of the library in order for

the committee to consider upgrading it in the future.

The details of books purchased in 2008 and the list of all other books nd law reports in the library can

be found at the Selangor Bar website.

OTHER MATTERS

At the 2007 Annual General Meeting, it was decided that the 2007/2008 Annual Report should be

amended and reprinted. A Task Force to amend this report was formed comprising of :-

1) Mr. Biliwi Singh

2) Mr. S. Ravichandran

3) Mr. S.S. Muker

The amended version of the Annual Report was sent to Mr. R.V Lingam and Mr. A.G Kalidas for their

perusal, amendments( if any) and approval. However, only sixty copies of the final amended Annual

73


Report for 2007/2008 were printed due to cost factor. Nonetheless, the said report is available for

download from the Selangor Bar website. The sixty printed copies are for the record and archive

purposes.

NOTE OF THANKS

I wish to take this opportunity to say that it has been an honour to be the Hon. Secretary of the

Selangor Bar Committee and wish to thank the Chairman and the Committee members for

entrusting me with the said post. I also wish to thank the staff at the secretariat who had been

hardworking, dedicated and diligent in assisting me in running the secretariat smoothly.


Sumathi Murugiah

Honorary Secretary of Selangor Bar &

Chairperson

Of Finance, Secretariat & Library Sub Committees

74



SOCIAL, CHARITY, WELFARE & PUBLICITY Chairperson : Suraj Singh

Members : Syamsuriatina Bt Ishak Noor Suhaila Bt Saad

A. Vasudevan Paul Xavier Fernandez P. Arudkumaran

Gerard Lazarus Sukhdev Singh

Thanapakiam Krishnen

Ex Officio : Rajpal Singh

Sumathi Murugiah

"This year is going to be different," .....................was my statement during my welcoming speech at this year's Malam Suai Mesra on the 10.05.2008

1. The Malam Suai Mesra dinner was held at Shah's Village Hotel. Theme: Back to the 70's Simply Amazing, more than 350 people attended this year's event which included high court

judges,sessions court judges, magistrates, the Bar Council representatives and its President, Kuala Lumpur Bar Committee representatives and its Chairman and our very own beloved lawyers.

A poolside barbeque dinner with free flow of drinks took our members by surprise. There was also a Filipino singing quartert to welcome and serenade the guests by the pool side. Later on, the legendary recording artist band "Reborn" rocked the night till 1 am. The crowd was really moved. Everybody was so excited. As it had rained earlier, there was a cool breeze and the atmosphere was very relaxed. Even the High Court Judges, DPP and Magistrates stayed on till late. There was also a guest appearance performance by Malaysia’s own Elvis Presley aka yours truly, which thrilled everyone with a rock and roll performance which got everybody

swinging to the beat of the music. The response was indeed overwhelming and it was actually record-breaking (as I was later informed in regards to the number of guests and VIP'S). A few members of KL Bar also actually joined in the fun. It was a great gathering for all Selangor Bar members. We actually gave out around 60 lucky draw prizes to the guests that night.

Special thanks to the Selangor Bar Chairman, Mr Rajpal Singh and Selangor Bar Committee members and my sub committee members for promoting this event and also in obtaining sponsors for the lucky draw events.

Suraj S ingh

75


2. The Selangor Bar Committee's Annual Dinner & Dance was held At Crystal Crown Hotel on 8.11.2008. Theme: “A Night At the Oscars”

It was a night of glamour as all members were dressed glamorously to go to the Oscars. For this year's event, we managed to attract around 420 guests. It was a another record breaking event in terms of participation, it was encouraging to note that participation came not only from members of all levels of the legal profession but also from the judiciary. It was a fun-filled event and enjoyed with much gaiety by all.

A Las Vegas Style Entertainment was presented to the guest. "Simply breathtaking". The "Las

Vegas" style dancers kept the crowd moving with their dance steps.

Then came the hot and spicy "Liena Hangat," who really spiced up the crowd. There was a lot of crowd participation by our lawyers, some of them who joined in the fun were Gerard

Lazarus, Arud and George Varughese..........(just to name a few).

Everybody really enjoyed themselves. Then came the Legal Aiders and Comedy Court. That was the climax of the night. ‘Reborn’ as usual came in towards the later part of the night to rock the "house down", lucky draw prizes was another highlight of the night, where most of the guests walked away with some gifts. It was indeed a special night, it was graced by the Chief Justice of Malaysia Yang Amat Arif Tan Sri Dato’ Seri Zaki Bin Tun Azmi and Chief Judge of Malaya "Yang Amat Arif Dato' Arifin bin Zakaria. Special thanks to the Chief Justice of Malaysia Yang Amat Arif Tan Sri Dato’ Seri Zaki Bin Tun Azmi and Chief Judge of Malaya "Yang Amat Arif Dato' Arifin bin Zakaria, High Court Judges and all members of the Bar for their support.

3. Participation in a Charity Event which was held at the Hilton Hotel, PJ on 6th December,

2008. Theme: GongXiDeepaRayaMas 08'

The Charity show 'GongxiDeepaRayaMas 2008' were jointly organised by the society of Anbe Sivam and Messrs Jayamurugan Vadivelu & Partners for 25 orphanages, in which our committees members represented Selangor Bar by donating some gifts for the children. As for me, I performed as Elvis Malaysia by rendering a few songs to light up the event.

It was really an exciting year and a job well done by my sub-committee members. Their hard work and extra effort really paid off as the functions were a great success. Special thanks to the Chairman of the Selangor Bar, Mr Rajpal Singh for his guidance and moral support to enable me and my sub-committee members to carry out our duties. Report submitted by: Suraj S ingh

Chairperson Social, Charity, Welfare & Publicity Sub-Committee

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SPORTS Chairperson : Ashokvijay J. Sanghrajka Sub-Committee Members : Suhaila Saad Alvin Neo Volunteer Lawyers : K. Kulasekar Sandosh Anandan Muhamed Rafique Putan Perumal K. Pusphalingam George Varughese R. Ganapathi Murali Achan Imam Abu Said Halim Ashgar Jude Alex The following members were appointed Convenors for the respective games for the year 2008/2009: Golf - Lee Seng Wai Football - Muhamed Rafique Hockey - Putan Perumal Badminton - Alvin Neo Volleyball - Christopher Joseph Cricket - Murali Achan Netball - Siti Natasha Basheer Hassan Darts A Vasudevan Snooker Putan Perumal Bowling - Ashokvijay J. Sanghrajka Boat Race - Jude Alex Futsal - Sandosh Anandan Tennis - Halim Ashgar MALAYSIAN BAR INTERSTATE GOLF TOURNAMENT “PERAK OPEN GO LF”

The Selangor Bar golfers played in this tournament which was held on 16

th and 17

th April, 2008 in

Ipoh, Perak.

Our players led by Mr. Puspalingam and Mr. Lee Seng Wai proved once again that Selangor Bar

Golfers are the best in the legal fraternity by putting up a great skills of golf to win the tournament

by a landslide.

Ashokvijay J. Sanghrajka

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8th

SELANGOR v KUALA LUMPUR BAR GAMES 2008

Selangor Bar hosted this event on the 20th and 21

st June, 2008. Again for the first time, Ten games

were played in this series namely, golf, football, hockey, badminton, volleyball, netball, futsal,

snooker, darts and boat race. Tennis was introduced for the first time in these games.

By a score of 5-2 Selangor Bar won the Games and wrestled back the S.S. Muker Challenge

Trophy back from Kuala Lumpur after a lapse of 6 years.

Golf - Selangor Bar Hockey - Kuala Lumpur Bar Badminton - Selangor Bar Volleyball - Selangor Bar Netball - Kuala Lumpur Bar Futsal - Selangor Bar Bowling - Selangor Bar Snooker - Kuala Lumpur Bar Darts - Kuala Lumpur Bar Friendly Matches Boat Race - Kuala Lumpur Bar

SELANGOR – NEGERI SEMBILAN / MALACCA BAR GAMES 2008

Selangor Bar hosted this annual Games on the 17th and 18

th October 2008 at various venues. For

the first time in this series, eight games were contested with hockey making its debut. Futsal

Veterans was managed well by Sandosh Anandan. The result of the games and respective team

captains are as follows:-

Golf - Selangor Bar Hockey - Selangor Bar Badminton - Selangor Bar Volleyball - Selangor Bar Netball - Negeri Sembilan/Malacca Bar Futsal Veteran - Selangor Bar Futsal Main - Negeri Sembilan/Malacca Bar Boat Race - Selangor Bar

By a score of 6-2 Selangor Bar won the Games and wrested the Stanley Ponniah Trophy back from

Negeri Sembilan/Malacca Bar after a lapse of 4 years. In the Boatrace, the Selangor Bar team

headed by our Jude Alex, send the ‘Hind’ back to Negeri Sembilan/Malacca Bar.

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INTERNATIONAL DIPLOMATIC FRIENDLY VO LLEYBALL TOURNAMENT

The Selangor Bar is organising its first friendly International Diplomatic Friendly Volleyball

Tournament comprising of the Russian Embassy, German Embassy, Holland Embassy, Canadian

High Commission, Switzerland Embassy, which will be held tentatively on 27th and 28

th February,

2009 at MBSA Shah Alam.

SELANGOR BAR CRICKET TOURNAMENT

This Sub-Committee was keen to form a Selangor Bar Cricket team and proposed to play matches

with Penang, Perak, Malacca and Johor Bar. Attempts were made to recruit players and training

sessions were held. Unfortunately response from members was very poor and we hope we are able

to form a team this year.

SPORTS PERSONALITY FOR THE YEAR 2008 CHRISTOPHER JOSEPH for Volleyball Due to the undivided commitment of Christopher Joseph in having training sessions and

friendlies, led him to create a winning team. For Christopher’s success in helping to win

both in KL Bar Games Negeri Sembilan and Malacca Bar Games, he was awarded

the Sports Personality Of Selangor Bar for the 2008/09.

NOTE OF THANKS The Committee thanks all Sub-Committee members, volunteers and convenors for their time,

effort and commitment in organising the various events and in forming competitive teams in the

respective games. The Committee is also grateful to all donors for their generous contributions.

Finally we wish to thank to all members and chambering students for their participation and

support in the various games.

Report submitted by : Ashokvijay J. Sanghrajka Chaiperson Sports Sub-Committee

79



SELANGOR BAR REPRESENTATIVE

This term the Chairman and the undersigned represented Selangor Bar in the Bar Council (BC).

The Chairman was appointed as the Deputy Chairman of the Criminal Law Committee and the undersigned was re-elected as the Hon. Treasurer and appointed to chair the Finance Committee and also served in the PII and the Sports Committees and the No Fault Liability, Ad Hoc Committee. The following are some of the more important activities, issues and decisions of the BC, todate:

1) Panel of eminent persons to review the Judicial Crisis

The BC appointed a panel of eminent persons comprising distinguished persons – two (2) Malaysians and four (4) non-Malaysians – to review the 1988 Judicial Crisis. Two meetings were held in Kuala Lumpur - the first on 21 and 23 September 2007, and the second on 12 and 13 April 2008. The Panel delivered its Report to the Bar Council on 26

th July 2008 and the said Report was released on 29

th

August 2008.

2) Common Bar Examination

The Qualifying Board (QB) is pushing for the Common Bar Examination (CBE) to replace the Certificate in Legal Practice Course (CLP). This concept was first raised by the Bar Council more than 16 years ago. The QB is considering the setting up of a private entity to run the CBE. The BC has stressed that the entity should be a non-profit organisation. As its first priority, the QB is focusing on the syllabus for the CBE. To assist the QB, the Bar Council has set up a special Committee to look into the course content.

3) Pilot project for e-filing at KL Magistrates’ Court and Subordinate Courts

The pilot project for e-filing is now running on a trial basis in the Magistrates’ and Subordinate Courts in Kuala Lumpur. Lawyers are required to bring the CD-version of their Originating Summons and Affidavits and also hard copies of their service documents to the court. The CD-ROM will be downloaded into the e-court system. The hard copies for service purposes will be processed and thereafter, sealed summons will be given to lawyers for service purposes. If the pilot project is

George Varughese

80


successful, it will be made compulsory in the KL courts and thereafter once the national e-economy project is ready, the e-filing system will be implemented nationwide.

4. Publication of Praxis and Insaf

The Bar’s publications namely, Praxis and Insaf, is now published online and only one (1) issue of the same be printed each year. The frequency of the publications has also been reduced. This is in order to save printing and postage costs.

5. The Malaysian Islamic Financial Centre (MIFC) Initiative

Bank Negara Malaysia (BNM), announced that BNM will be going ahead with its MIFC Initiative. BNM hopes to implement it by 2009 and for a start, BNM will allow five (5) foreign law firms to practise in Malaysia on a stand-alone basis.

The BC has taken the position that BNM's proposal is unacceptable and maintained its stand that foreign law firms must tie up with local law firms by way of joint law ventures.

6. Proposal to expand the membership of the Malaysian Bar

The BC received several requests from former members of the Bar who had left practice, to remain as members of the Bar. Thos working as in-house counsels find it an anomaly that they lose the automatic right to become Company Secretaries when they no longer possess a PC.

The other potential group that may be considered to join the Bar as non-practising members comprise former members of the Bar who have joined the academia, and law graduates who have not been called to the Bar but are working in various other sectors. They could be invited under a separate category because they have not been admitted to the Roll of Advocates & Solicitors.

A consultation paper setting out the relevant details is being prepared and will be disseminated to members inviting input to the above proposal.

7. Pilot Project by CrimsonLogic for e-Learning

CrimsonLogic in collaboration with the BC will soon be introducing its e-CLE Learning. Tentatively, seven (7) lectures will be offered - four (4) for members of the Bar and three (3) for Pupils. Details on course content and costings are being worked out and BC will notify members and Pupils once the pilot project is ready to be launched.

8. Travelling/Accomodation Claims

The BC approved a budget for the year 2008/09 whereby each Committee is allocated a fixed sum to run its activities which would include traveling and accommodation claims of outstation committee members. All Committees must organise its activities within the budget and no additional sums will be given. This has helped reduce the travelling and accommodation expenses incurred by the Main Fund.

81


9. Review of Group Term Life Insurance Renewal Term with MAA for LawCare

The insurance coverage for the Lawcare Scheme expired on 30 June 2008. Claims had increased by 116% last year. Consequently, the Bar's insurers, MAA, paid out an additional RM100,000 which exceeds the total premiums collected from members to meet the claims. As the annual levy is RM100 per member, the BC decided to renew the policy for one more year based on sum insured of RM20,000. The Lawcare Fund will, therefore, top up the balance of RM10,000 per member.

10. Fund-raising for ISA HINDRAF detainees

The BC with the assistance of the Kuala Lumpur Bar Committee (KLBC) organized a fund raising campaign for the ISA HINDRAF detainees who are members of the Bar. The total collection of RM43,000/- has been disbursed to the families of the four (4) lawyers. The account is kept open to receive further contributions from members of the Bar

11. Effectiveness of SRO Enforcement

The BC is studying the effectiveness of the enforcement of the SRO for a report to be tabled to members at the Annual General Meeting (AGM) in 2009

12. Income Tax Returns of Law Firms

The IRB has officially informed the BC vide letter dated 21 July 2008 that it maintains its position that the basis of income recognition for legal firms would be on an accruals basis - effective from the Year of Assessment (YA) 2008.

Requests have been received from law firms urging BC to submit an appeal to IRB to either defer the implementation of the accrual-based income recognition mode or allow law firms to settle tax payments during the transitional year on an instalment basis in anticipation of higher tax liabilities. IRB has indicated to BC that that it had already granted the legal profession leniency in this regard. Law firms which are dissatisfied with IRB's ruling are advised to file an appeal directly to IRB.

13. Pupils' Ethics & Professional Standards (EPS) Course

The BC have made changes to the above Course as follows:-

i) The lectures and examination of the EPS course will be split with effect from 2009. A monthly lecture and examination schedule will be held in Kuala Lumpur at the BC auditorium. A similar schedule will also be held in regional centres as frequently as possible. There will also be a fixed examination schedule. Pupils will be given a choice to select at their convenience, dates to attend lectures in their home state, and sit for the examination either there or in Kuala Lumpur. This will overcome the problem of pupils not getting early dates for their EPS course and examination due to the large number of pupils, since the KL centre can only accommodate 100 pupils for each course. The EPS examination format will also be revised to allow multiple choice answer questions as a component of examination papers.

82


The BC after receiving feedback from the KLBC that a majority of pupils find the fees for the EPS course and the examination rather prohibitive, decided to reduce the fee for the first sitting from RM200 to RM150, and the fee for every re-sit, from RM150 to RM75, although the BC is not making any profit and is in fact incurring a deficit.

14. Protection of Clients' monies deposited in banks by law firms

The above matter was discussed in view of the current global financial crisis affecting financial institutions wherein the BC is of the view that the Malaysian Government should give its pledge to guarantee all bank deposits in Malaysia. However, the matter has been superseded by events on 17 October 2008 – when it was announced that all ringgit and foreign currency deposits placed with financial institutions regulated by Bank Negara will be fully guaranteed by the Government with immediate effect through Perbadanan Insurans Deposit Malaysia (PIDM) until December 2010.

15. Tripartite Meeting between BC, Sabah Law Association and Advocates' Association of Sarawak

The BC met with representatives of Sabah & Sarawak Bars on 17 December 2008 to discuss issues of common interest. A Joint Consultative Committee (JCC) has been set up comprising Office Bearers from the three (3) Bars. The JCC will meet annually.

16. Meeting with Chief Justice, Chief Judge of Malaya and President of Court of Appeal on 3 December 2008

The meeting with the CJ, CJM and PCA was indeed fruitful. The Judiciary was open to BC's suggestions on how to improve the administration of justice. A follow-up meeting with the CJ will be held on 23

rd February 2009.

17. JAC Bill

The JAC Bill was passed recently without any amendments. Without the amendments proposed by the BC, the Malaysian Bar will not be represented officially on the Judicial Appointments Commission, however, there is a provision for BC to be consulted on the appointment of four (4) Eminent Persons. BC would play its role, albeit small, with utmost integrity.

18. DNA Identification Bill 2008

A team headed by the Vice-President will lobby the government on the above Bill which is expected to come up for reading in Parliament in 2009.

19. Proposed Meeting between BC and IGP

The Criminal Law Committee is arranging a meeting with the IGP to discuss issues of concern, particularly outstanding police investigations into reports lodged against unauthorised persons including lawyers who had practised without Practising Certificates as well as unresolved murders of lawyers.

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20. List of Assigned Counsel

The Criminal Law Committee is in the midst of preparing a standard form for assigned counsel to be completed by lawyers who wish to be appointed as assigned counsel. The Committee is preparing a set of guidelines for lawyers who are qualified to be appointed as assigned counsel in capital punishment cases and will also be submitting a proposal to the CJ for assigned counsel's fees to be revised.

21. Legal Aid Gala Dinner

The Legal Aid Gala Dinner will be held together with the Malaysian Bar's Annual Dinner and Dance on 14 March 2009 at Renaissance Hotel, Kuala Lumpur. This Gala Dinner is organized to raise funds for the National Legal Aid Committee.

Attendance at BC and Special Meetings There were 11 BC monthly meetings and 1 Special Meeting up to time of this report. Both the Chairman and the undersigned attended all the said meetings. Vote of Thanks At this juncture, I would like to thank all the members of the Selangor Bar for having given me the chance to serve the SBC for the last 10 years in various capacities. Although I will no longer be in the Committee in the new term, I will continue to assist and support the Committee whenever the need arises. Once again, I wish to thank the Chairman, my colleagues in the Committee for all the support and encouragement and the secretariat staff for all the assistance rendered during this term.

Report submitted by : George Varughese Selangor Bar Representative to the Bar Council 2008/2009

84



TOWN REPRESENTATIVE Chairperson : Rajpal Singh Town Members :

Ex-officio : Sumathi Murugiah

We are pleased to announce that the Town Representative Programme has been implemented and has

seen immediate results in its effectiveness. A programme meant to improve the welfare of the Selangor

Bar by collecting information from the Selangor Bar members via specific representatives in each town

within Selangor – it has tremendous potential in providing a channel for the Selangor Bar members to

voice their concerns, complaints or thoughts on any issue affecting the members.

The Town Representative programme is intended to encourage all Selangor Bar members to actively

engage and involve themselves in proactive discussion. The Town Representatives are meant to be the

conduits for this information to the Committee, in order for action to be taken immediately. The

appointed Town representatives then will deal accordingly with the Courts, local authorities, police, as

the case may warrant. As one can imagine, this would be an almost impossible task for so few without

the information being initially provided by the Selangor Bar members themselves. The Town

Representatives programme thus makes the members themselves the eyes and ears of the Bar.

Alvin Neo Subang/ Sunway

A.G. Kalidas Klang

Ashokvijay J. Sanghrajka Damansara

Imran Hadzalie Bin Abdul Hamid

Kajang / Bandar Baru Bangi

Jaswinder Kaur

Semenyih

Kanarasan Ghandinesen Klang

Karam Singh Kuala Selangor

Kunamony Kandiah Banting

Salim B.Bashir Bhaskaran Shah Alam

Santhakumari Selayang/Rawang

Suhaila Saad Subang / Sunway

Suraj Singh Petaling Jaya

Syamsuriatina Bt Ishak Cheras/Puchong

Tejinder Kaur Sungai Way

T. Ananda

Kuala Kubu Baru

Tieh Siaw Siong Damansara Perdana

Varughese Onny Sepang

Rajpal S ingh

85


The Town Representative Programme depends primarily on information received and disseminated

through the new Selangor Bar website. As such, the Town Representative Programme could not be

commenced until the updated Selangor Bar website was launched on November 8th

2008 during the

Selangor Bar Annual Dinner and Dance by the Chief Justice himself.

The first meeting was held on 23.12.2008 and immediately the programme proved its worth. We were

informed that the Kuala Selangor Court Complex had yet to provide a Bar Room, although we were

initially told that one would be provided. Upon writing to the relevant parties, there was no response,

and as such we took the matter up with the Chief Judge of Malaya, who has now promised that one

would soon be allocated for the lawyers at the Kuala Selangor Court Complex.

Also at the first meeting we were informed of the sad condition of the Klang Court Bar Room,

whereupon we proceeded to re-carpet and paint the Bar Room, we also serviced the air-conditioner.

The second meeting which was held in 21st January 2009. At this meeting, a complaint against one of

the Prosecuting Officers in one of the Courts in Selangor was received, and we have taken the

necessary steps by writing to the relevant parties.

In conclusion, I would say that the Town Representative programme which is a first for any State Bar

in the country indeed has tremendous potential. In light of the increasing number of lawyers in the

Selangor Bar, coupled with the myriad problems and the need for information to be quickly brought to

the Committee’s attention and the need for immediate steps to be taken in most of the cases, there is a

great need for a swift and effective network in place for this. I sincerely hope that this need would be

met by the Town Representative Programme. I strongly encourage each member to take up this

opportunity to participate in this programme, to raise any issues that needs to be brought to the

attention of the Committee.

I take this opportunity to thank all the members who took time off and volunteered to participate as Town Representatives.

Report submitted by : Rajpal S ingh Chairperson Town Representative Sub-Committee

86



YOUNG LAWYERS & PUPIL’S AFFAIRS AND INFORMATION TECHNOLOGY Chairperson : Syamsuriatina Ishak

Members : Khairul Anuar Bin Shaharudin (Deputy - IT) Wong Hur Shiaw (Deputy - Pupils’ Affairs) Farez Mohd Ali Jinnah (Deputy - Young Lawyers’) Aza Fyreen Bt. Abd. Aziz

Fiona Chin Quant Lynn Imam Abu Sa'id Bin Nahrawi Isdalina Bt. Esa Kisho Kumar S/O Kathirveloo Lim Sin Yee Md.Jani B. Ani B. Jantan Musfirah Mohamad Tahir

Ng Chung Yee Norasidi Bin Nadziruddin Nurhanim Bt. Mohd Daud Pinky Tan Yew Aik R. Ratha Kurushnan Shila Mokerji Sabrina Ismail Teoh Ai Chin Christina Ex-officio : Rajpal Singh Sumathi Murugiah

The Sub-Committee is a committee dedicated to oversee three portfolios covering three different aspects of the Selangor Bar work, namely the welfare of Young Lawyers, the welfare of Pupils in Chambers, and the Information Technology issues of the state Bar. With a membership consisting of approximately 15 young lawyers and pupils, this 2008/9 term’s sub-committee was able to move various projects from its inception to date. Young Lawyers Affairs The welfare of young lawyers (lawyers under seven years of practice and 40 years of age) are taken care of under this portfolio via various projects and activities. Young lawyers were given the opportunity to share their experiences in practice by meeting with law students in a number of local law colleges, namely Kolej Damansara Utama and Taylor’s College. Another opportunity to ‘give-back’ to society came about when the Young Lawyer’s portfolio of the sub-committee organised a Charity Bowling Tournament, as a part of the yearly National Young Lawyer’s Committee Charity Night event. Selangor Bar Young Lawyer’s Sub-Committee was successful in collecting RM2,050.94 for the benefit of its nominated charity for the year, Taman Sinar Harapan, Kuala Kubu Bharu, a home

Syamsuriatina Ishak

87


for severely handicapped children. Towards the end of the term, this committee was also involved in the Bar Council Palestine Humanitarian Fund collection. Pupils Affairs Under this portfolio, the sub-committee was entrusted to take care of all issues pertaining to pupils in chambers who carried out their pupillage in the state as well as those who had their long-calls moved here. Activities carried out included coordinating pupillage document filing, assisting in sorting out any pupillage problems that arose, introductory and discussion sessions, attending to their long-call proceedings in the Courts (on behalf of the Bar Council and the respective State Bars – quite a number of Kuala Lumpur Bar pupils shifted their call to the Shah Alam Court due to congestion of calls at the Kuala Lumpur High Court) and organising a reception for newly called lawyers, accompanied by their family and friends and with the presence of the call Judge and sometimes other Senior Judges. Pupil's Call to the Bar In Year 2008/09 (as at report)

Selangor Bar Pupils Kuala Lumpur Bar

Pupils Total March 1, 2008 1 2 3 April 1, 2008 5 4 9 May 1, 2008 8 6 14 June 1, 2008 2 2 4 July 1, 2008 6 5 11

August 1, 2008 2 6 8 October 1, 2008 0 1 1

December 1, 2008 2 1 3 January 1, 2009 2 0 2

February 1, 2009 1 0 1 Total 29 27 56

In addition, five introductory sessions were held to brief pupils on their duties as pupils, the pupilage papers and filing process, an introduction to the Bar and managing their expectations as future lawyers. The Chairman, Mr. Rajpal Singh, the Honorary Secretary, Ms. Sumathi Murugiah and the Chairperson of the Conveyancing Sub-Committee, Ms. Suhaila Saad were kind enough to also give the pupils an introduction on their respective practice areas, while Mr. Alvin Neo, Chairperson of the Legal Aid Sub-Committee and Mr. Alan Goh, Administrative Officer of the Bar Council Legal Aid Centre Selangor gave introductory sessions on the compulsory legal aid programmes available for the pupils. Information Technology From its inception, the Information Technology portfolio undertook various projects to strive for optimal utilisation of communication technology within the secretariat. Smaller improvements included encouraging the use of e-mail for communication and minor decision making process and a more efficient use of projector and audio recording during meetings.

88


The portfolio’s ‘big’ project for the term was the revamping of the Selangor Bar Website www.selangorbar.org. The new website was aimed to be a more comprehensive and user friendly tool enabling Selangor Bar Committee’s outreach to more members and non-lawyers who would like to have a more expedient and efficient excess to our facilities and the Secretariat. Those who previously experienced problems with this included those who practice in remote parts of the Selangor state. For this purpose, a contract was forged with a reputable website designer, www.elawyer.com.my, who specializes in website design for law firms for the design of the new website and web-hosting. The soft launch of the initial new website was carried out on 9 November 2008 at the Selangor Bar Annual Dinner and Dance, with a final product aimed to be completed by early 2009. Appreciation I would like to take this opportunity to express my sincere gratitude and appreciation to members of my committee who took time out of their busy schedules to make our events and projects a success, in particular En. Khairul Anuar, Ms Lim Sin Yee, Puan Isdalina Bt Esa and Ms Fiona Chin.

Report submitted by : Syamsuriatina Ishak Chairperson Young Lawyers & Pupils Affairs And Information Technology Sub-Committee

89


CALENDER OF EVENTS

LIST OF EVENTS - 2008/2009

No

Date / Day / Time/Venue

Events

Remarks

FEBRUARY

1. 27th - Wednesday, 3.00pm KGSAAS, Shah Ala m

16th

AGM Selangor Bar Committee Meeting ended at 6.30 p.m.

MARCH

2. 3rd – Monday, 5.30pm Selangor Bar Conference Room

1st

Committee Meeting Meeting ended at 6.50 p.m.

3. 24th -Tuesday, 3.30 p. m. 5.30 p.m.

Selangor Bar Conference Room

1st Introduction Session 2nd Committee Meeting

Meeting ended at 9.45 p.m.

APRIL

4. 15th - Tuesday, 6.00 p. m. Selangor Bar Conference Room

3rd Committee Meeting Meeting ended at 9.50 p.m.

MAY

5. 10th - Saturday, Shah's Village Hotel, PJ

Malam Sua i Mesra Report by Mr. Suraj

6. 13th (Tuesday) Selangor Bar Conference Room

4th Committee Meeting Meeting ended at 9.50 p.m.

7. 24th May Selangor Bar Auditorium

Talk on 'E-Ta ksiran' Report by Ms. Suhaila

JUNE

9. 3rd (Tuesday) Courtesy Call - Minister of Law Report by Mr. Salim

10. 10th (Tuesday) Selangor Bar Conference Room

2nd Introduction Session 5th Committee Meeting


11. 12th (Thursday) Courtesy Call - KUP Report by Mr. Salim

12. 20th-21st (Friday & Saturday)

KL-Selangor Bar Games Report by Mr. Ashok

13. 21st -22nd (Saturday & Sunday) Selangor Bar Auditorium & MBSA Hall

Debate on 'Penggunaan Bahasa Malaysia Di Mahka ma h: Apa kah Masih Relevan?'.

Report by Pn. Suza na

14. 28th (Saturday) Pins & Balls Alley, Holiday Vil la

Charity Bowling Tournament Report by Ms. Syamsuriatina

JULY

15. 3rd (Thursday) Bilik Ta klimat, IPK

Courtesy Call - CPO (Selangor) Report by Main Committee

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16. 9th (Wednesday) Bilik Mesyuarat Utama, Mahka mah Shah Ala m

Courtesy Call - High Court Judges (Selangor) Report by Ms. Kunamony

17. 17th (Thursday)

Selangor Bar Conference Room

3rd Introduction Session

6th Committee Meeting


18. 18th (Friday)

Bilik Mesyuarat Utama, Mahka mah Shah Ala m

Courtesy Call - Lower Court Judges (Selangor) Report by Ms. Kunamony

19. 24th (Thursday) IPPD

Courtesy Call - OCPD (Shah Alam) Report by Mr. Salim

20. 25th (Friday)

Selangor Bar Auditorium

Talk on 'Construction of defense in drugs charges' & '

Amendments to CPC and Penal Code'

Report by Mr. Salim

AUGUST

21. 13th (Wednesday) Selangor Bar Conference Room



22. 27th (Wednesday)


Talk on 'Funda mentals of Conveyancing - the Sale &

Purchase Transaction'

Report by Ms. Suhaila

SEPTEMBER




24. 23rd (Tuesday)

IPPD

Courtesy Call - OCPD(Klang) Report by Mr. Salim

OCTOBER

25. 15th (Wednesday)

Selangor Bar Conference Room 9th Committee Meeting


26. 17th & 18th (Friday & Saturday) Selangor vs. Malacca/Negeri Sembilan Bar Games Report by Mr. Ashok

NOVEMBER




28. 8th (Saturday) Crystal Crown, Petaling Jaya.

Annual Dinner and Dance Report by Mr. Suraj

29. 8th (Saturday) Crystal Crown, Petaling Jaya.

Launching of the new website Report by Ms. Syamsuriatina

30. 19th(Wednesday)


Talk on 'Ha k Penjagaan A na k & Bidang Kuasa &

Pengesahan Cerai iaitu diluar, Ada kah perlu pengesahan?'

Report by Pn. Suza nawati

31. 21st(Friday) Shah Ala m Hig h Court

Reference Proceedings Report by Ms. Kunamony




DECEMBER

91


33. 5th(Friday) Selangor Bar Auditorium

Talk on ' Criminal Advocacy' Report by Mr. Salim

34. 6th(Saturday) Hilton Hotel, PJ

Charity Event - GongXiDeepaRayaMas 08' Report by Mr. Suraj

35. 18th (Thursday) Selangor Bar Conference Room

4th Introduction Sessio n 12th Committee Meeting


36. 20th (Saturday) Klang Town

'Walk Abo ut' Report by Mr. Salim & Mr. Alvin

JANUARY


13th Committee Meeting Meeting ended at 9.00 p.m.

FEBRUARY

38. 02nd (Monday) Selangor Bar Conference Room

14th Committee Meeting Meeting ended at 10.00pm

39. 16th (Monday)

4th Floor, SUK

Courtesy Call - KUP Report by Mr. Salim

40. 25th (Wednesday) KGSAAS

Annual General Meeting Meeting ended at

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