Council Meeting 13 October 2020 – Membership

Sabah Law Society:

Consideration of application for organisational membership and recommended fee structure

Purpose To seek Council’s endorsement to admit the Sabah Law Society as a non-predominant member organisation of LAWASIA. Background On 21 February 2020, the Sabah Law Society wrote to LAWASIA expressing its interest in becoming an organisational member. Welcoming this interest, LAWASIA invited Sabah Law Society to submit a formal application. This was received on 19 March 2020. About Sabah Law Society

The Sabah Law Society is the statutory body established pursuant to section 7A of the Advocates Ordinance (Sabah Cap. 2) which was amended by the Advocates (Sabah) (Amendment) Act 2016 which has been in effect since 1 July 2017.

Objects of the Sabah Law Society

The Sabah Law Society’s objects include:

1. To uphold the cause of justice without regard to its own interest or that of its members, uninfluenced by fear or favour

2. To facilitate the acquisition and dissemination of legal knowledge by members of the legal profession in Sabah

3. To assist the Government and the Courts in all matters affecting legislation and the administration and practise of law in Sabah

4. To promote good relations and social intercourse among members and between members and other persons concerned in the administration of law and justice

5. To protect and assist the public in all matters and if necessary, to voice or express opinion relating, ancillary or incidental to the law

6. To promote a system of legal advice and aid to deserving persons 7. To encourage, establish and maintain good relations with professional bodies of the

legal profession within and outside Sabah and to participate in the activities of any local or international association and become a member of such association

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8. To maintain and improve the standards of professional practise, etiquette, conduct, discipline and learning of the legal profession in Sabah

9. To represent, protect and assist members of the legal profession in Sabah and to promote in any proper manner the interest of the legal profession in Sabah

Membership of the Sabah Law Society

There are currently 839 practicing lawyers registered with the Sabah Law Society (407 females and 432 males). All lawyers called to the Sabah Bar automatically are ordinary members of the Sabah Law Society so long as the lawyer has a valid Practising Certificate.

LAWASIA Policy and ExCo Recommendation LAWASIA’s Executive Committee has welcomed the interest of the Sabah Law Society and unanimously AGREED to recommend to the LAWASIA Council that it admit the Sabah Law Society to LAWASIA membership as a non-predominant member organisation, with an annual membership fee of AU$1,200.00. Existing Policy: Membership The LAWASIA Constitution provides at Article III, 2:

2. Membership Organisations shall be classified as follows:

(a) Predominant Organisation. In order to be admitted to membership of the Association, an organisation must be the peak representative body of primarily Practising Lawyers in its jurisdiction at the time it applies to become a Member.

(b) Co-Predominant Organisation. In a jurisdiction where there is more than one

equally predominant representative body of primarily Practising Lawyers, each of such organisations may be admitted to membership of the Association as a Co-Predominant Organisation. Under no circumstances shall a Co-Predominant Organisation be admitted to membership against the objection of an existing Predominant or Co-Predominant Organisation from its jurisdiction.

(c) Non-Predominant Organisations. Any institution, company, firm or other body

that supports the work of LAWASIA shall be eligible to apply for membership as a Non-Predominant Organisation.

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(d) Non-Regional Predominant Organisation. A predominant organisation of primarily Practising Lawyers in a jurisdiction outside the Region may be granted membership status by the Council pursuant to Article III paragraph 6.

Membership fees The LAWASIA Constitution provides at Article III, 7: 7. Dues (a) Membership dues shall be fixed at rates determined by the Council from time to

time. In fixing the rates of Membership dues the Council shall be at liberty to divide Members into groups or sub-groups, and to provide that different rates shall be paid by different groups or sub-groups, for different periods and generally to regulate or vary the rates, groups or sub-groups from time to time.

Recommendations: • That the LAWASIA Council RESOLVES to admit the Sabah Law Society to organisational

membership of LAWASIA as a non-predominant member organisation. • That the LAWASIA Council sets an annual membership fee of AU$1,200.00 for the Sabah

Law Society.

Attachments:

- Membership application dated 19 March 2020

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