A Publication of the Kuala Lumpur Bar

RELEVAN

"Concepts such as truth, justice and compassion cannot

be dismissed as trite when these are often the only bulwarks
which stand against ruthless power."
~Aung San Suu Kyi~

Issue No. 2/08 PP8492/09/2009(021976) December 2008

 We Are Missing
A publication of the Kuala Lumpur Bar

Issue No. 2/08

Kuala Lumpur Bar Committee 2008/09

The Big Picture...
After a long hiatus, lawyers now have two e-groups to discuss various
Chairman legal related issues again. The Rostrum and Lawyer’s Talk are google e-mail
Ravindra Kumar a/l G Rengasamy groups set up specifically to provide those in Malaysian legal circles with an
Members
avenue to exchange views and network with each other.
Brendan Navin Siva (Hon. Secretary)
Anand Ponnudurai Two discussion threads in those groups provide a suitable backdrop to the
Datuk N. Sivananthan thrust of our editorial in this issue.
Lee Shih
Dipendra Harshad Rai
Dahlia Lee Wooi Mien In the Rostrum, Fahri Azzat’s “Meditation about Moving by an Occasional
Sanjeev Kumar Rasiah Mover1” prompted an outpouring of nostalgic reminiscences on the “good
Lai Chee Hoe
Richard Wee Thiam Seng
old days”, when the call to the Bar was a unique event celebrated by pupil
Abdul Rashid Ismail and the entire legal fraternity and an occasion full of grace, camaraderie
Ravindran Nekoo and good humour.
Reggie Wong Mew Sum

Representative to the Bar Council There was little discussion, however, on how inadequately we train new
Steven Thiru lawyers compared to other jurisdictions, nor the extent to which provisions
dealing with pupillage in the Legal Profession Act 1976 are out of touch
Editorial Board 2008/09 with the reality of modern legal practice.

Editor Over at Lawyer’s Talk, Roger Tan’s request for views on whether the “No
Lee Shih
Discount Rule” for conveyancing transactions ought to be retained
Members prompted a robust discussion. In the main, most people were talking about
Richard Wee (Deputy Editor) the need to establish a reasonable fee structure and lamenting on the
Brendan Navin Siva
Cheng Poh Heng
1 The article, for the curious, can also be viewed here: http://www.loyarburok.com/?p=335
Nicole Fiona Wee Sue-Ren
Yudistra Darma Dorai
Shanmuga Kanesalingam
Sudharsanan Thillainathan
Contents
Sukhjit Kaur Gill State Authority’s Consent for Conveyance of
Audrey Quay Sook Lyn
Property to a Non-Malaysian
Saravana Kumar
By Ally Chong Wai Kuan 4-5
Mansoor Saat
Chan Su-Li Are We There Yet?
Dipendra Harshad Rai By Brendan Navin Siva 6-8
Petrina Tan Tjin Yi
KL Bar Environmental Law Committee’s Visit to
Coastal Protection Sites in Port Dickson
Relevan welcomes and invites articles, letters and By Maria Mohd Harris 9 - 11
other contributions from readers. However, the
Editorial Board reserves the right to edit or not
to publish any such article, letter or contribution.
Body Search
All articles, letters or other contributions should be By Richard Wee Thiam Seng 12 - 13
forwarded (preferably via email or CD) to:
Charity Nite - RM100,000 and Counting
The Editor By H R Dipendra 14 - 15
RELEVAN
Kuala Lumpur Bar Commitee The Common Bar Course
Tingkat 8, Wisma Kraftangan, By Steven Thiruneelakandan 16 - 18
No. 9, Jalan Tun Perak,
50050 Kuala Lumpur Undertaking Comprehensive Judicial Reform
All views, unless expressly stated to be that of By Brendan Navin Siva 20 - 22
the Commitee or the Editorial Board, are the
individual writer’s personal Views. Legal Updates
By Sukhjit Gill 23
Relevan is the newsletter of the Kuala Book Review: Criminal Litigation Process
Lumpur Bar and is published by the By Jagjit Singh 24 - 25
Kuala Lumpur Bar Commitee
Tingkat 8, Wisma Kraftangan,
No. 9, Jalan Tun Perak, ON THE COVER Quote taken from Daw Aung San Suu Kyi’s essay entitled ‘Freedom from Fear’. The
50050 Kuala Lumpur. full essay can be found at: http://www.dassk.com/contents.php?id=416

Printed by: PRINCOMAS SDN. BHD. (498036-P)

No. 291 & 292, Jalan KIP 3, Taman Perindustrian KIP,
52200 Kuala Lumpur, Malaysia. Tel: 03-6277 1120 2 • editorial
“greed” of lawyers, bankers, developers and the public Contrast these vast forces of globalisation reshaping
respectively. Many vehemently denounced lawyers the world economy with the current, much outdated,
who gave discounts, portraying them as mindset and regulatory framework in which
unprofessional, greedy and treacherous. Malaysian lawyers find themselves.

In this discussion, the larger issue looms on whether or Lawyers in Malaysia cannot practice through limited
not the practice of law remains a profession in every companies or any of the other innovations in the way
aspect of its practice. businesses are run (such as limited liability
partnerships or law corporations) found in other
Man y w o u l d c o n s i d e r t h a t n o w a d a ys, the jurisdictions. Lawyers are unable to fully advertise their
conveyancing lawyer is in fact a special sort of professional services and are constrained by strict rules
businessman selling a commodity (the on the information they are able to publish in any
documentation) with the accompanying services in professional publicity. The electronic provision of legal
order for his customer (only sometimes considered a services is banned.
“client”) to obtain an efficient transfer of ownership
in property. Yet, lawyers in certain instances (e.g. will writing,
trade mark registration, company secretarial services)
Lawyers need to realise that in the not-too-distant compete directly against non-lawyers who are able to
future, much conveyancing work will undoubtedly arrange themselves into limited liability companies,
be done without lawyers at all. A portent of things advertise without restriction and adopt innovative
to come is the already prevalent practice of bank methods of business (such as using online methods to
retail loan documentation arriving at the solicitors provide their services).
attending to the transaction pre-printed with all
variable information already filled up automatically Lawyers in Sabah and Sarawak refuse to open
through a computerised mechanism. The solicitor’s their borders to competition from even lawyers
role becomes virtually mechanical in the vast majority from the Peninsular, but the Malaysian Bar and the
of cases. How long will it be before the banks decide Government have been talking about opening borders
that it is more cost efficient for them to themselves to foreign lawyers. In considering the manner in which
buy insurance rather than relying on the lawyer’s foreign law firms can practice, traditional methods
insurance and bypass the solicitor totally? already used (and failed) in other jurisdictions (notably
the Joint Law Venture which proved to be of limited
Professor Richard Susskind has painted a bleak success in Singapore) appear to be the only mode of
picture on the future of the legal industry in his book foreign lawyer entry to Malaysia. Apparently, no
“The End of Lawyers? Rethinking the Nature of Legal consideration is given to the knock-on effects to other
Services.2” In essence, he argues that in the very near law firms to have a set of super law firms, enriched
future, lawyers can no longer expect to have a with the resources of their foreign partners, but still
monopoly on many of the jobs considered their competing with normal law firms for run-of-the-mill
exclusive domain. The lawyer will have to become legal work3.
more multi-disciplinary and more skilled in order to
provide the legal services of the future. All of this paints a picture of a Bar that is so consumed
with the present problems of their practice that they
The noted New York Times columnist, Thomas are unable to grasp the sea of change that we will
Friedman, in his seminal book “The World is Flat” be facing in the years to come. Instead of catching
gives various examples of the realignment of up with other countries, it is time for us to take a
industries in an increasingly globalised world. paradigm shift in reconsidering our roles in society and
Although nuanced, his most fundamental theory the manner in which we practice our profession.
is that most basic services will be outsourced to
jurisdictions with low costs leaving only high end niche Instead of being ravaged by the fo rc e s o f
work to be done in most developed or near developed globalisation, let us embrace them and make change
countries. An example is given of an Indian company work for us rather than against us.
which provides outsourced services to magic circle
legal firms from New York and London.

2 Extracts from his book can be found at the Times Online website: http://www.timesonline.co.uk/tol/system/topicRoot/The_End_of_Lawyers/
3 See further, “Invasion? Imminent!” by K Shanmuga in Relevan, January 2005

3 • editorial
State Authority’s Consent for Conveyance
of Property to a Non-Malaysian
Ally Chong Wai Kuan examines the extent non-Malaysian citizens can assign their rights
and title in a property to a financial institution pending State Authority consent.

Introduction chose in action, from the date of the notice, and all
The Housing Development (Control and Licensing) Act legal and other remedies for the same, and the power
1965 is the main statute that regulates all the rights and to give a good discharge for the same, without the
obligations relating to the conveyance of a property from a concurrence of the assignor.”
housing developer to a purchaser.
To establish an assignment, three elements must first be
A Schedule H Agreement is the standard sale and purchase fulfilled:-
agreement for all sales ofproperties referred to as a 1. Firstly, the assignment is in respect of a debt or a
“highrise property”, whereas a Schedule G Agreement is chose in action;
for landed properties. The recently introduced Schedule I 2. Secondly, the assignment must be in writing under
and J Agreements are meant for transactions of a the hand of the assignor, followed by an express
completed property, with the purchase price to be paid to notice of assignment; and
the Developer within the stipulated time thereto. 3. Finally, the assignment must be absolute and must
not purport to be by way of a charge.
Currently, the law allows for a non-Malaysian citizen
purchaser (“Non-citizen Purchaser”) to enter into a sale The Federal Court in the case of Nouvau Mont Dor (M) Sdn
and purchase agreement for property and to concurrently Bhd v Faber Development Sdn Bhd [1984] 2 MLJ 268 had
seek the approval of the State Authority (“State the occasion to interpret section 4(3) of the Civil Law Act
Authority Consent”) in respect of the transaction. 1956. The Federal Court held that if an assignment was
In most instances the Developer will progressively bill absolute and did not purport to be by way of a charge
the said Non-citizen Purchaser after the State Authority within the ambit of section 4(3) of the Civil Law Act 1956,
Consent is obtained. then only the assignee was

At the same time, the Non-

“...what point in time does a entitled to sue.

citizen Purchaser may seek a non-citizen assignor obtain Likewise, the Court of Appeal

all the rights, title to and

loan from a financial institution in Pancaran Nilam (M) Sdn Bhd
to complete the said sale and v Malayan Banking Bhd [2000]

interest in the property?”

purchase transaction. 4 CLJ 793 held that where an
assignment was absolute, the
This article intends to examine assignee should have all of the
the extent that a Non-citizen Purchaser is able to assign assignor’s rights, title to and interests in the property which
their rights and title and any other interests whatsoever is the subject of the sale and purchase agreement.
in the property to a financial institution pending the
approval of the State Authority. A question then arises, at what point in time does a
Non-citizen Purchaser obtain all the rights, title to and
The Assignment interest in the property which is the subject of the sale
Section 4(3) of the Civil Law Act 1956 states:- and purchase agreement? At the point of signing the sale
and purchase agreement or at the point when the State
“Any absolute assignment, by writing, under the hand Authority Consent is granted?
of the assignor, not purporting to be by way of charge
only, of any debt or other legal chose in action, of The Crucial Section: Section 433B of the National
which express notice in writing has been given to the Land Code 1965
debtor, trustee or other person from whom the as Section 433B of the National Land Code 1965 (“the Code”)
signor would have been entitled to receive or claim provides as follows:
the debt or chose in action, shall be, and be deemed
to have been, effectual in law, subject to all equities “(1) Notwithstanding anything contained in this Act or in
which would have been entitled to priority over the any other written law-
right of the assignee under the law as it existed in the
State before the date of the coming into force of this (a) a non-citizen or a foreign company may acquire
Act, to pass and transfer the legal right to the debt or land...by way of a disposal under Division II;

4 • article
 (b) a dealing under Division IV with respect to The intention of section 433B of the Code is crystal clear
alienated land or an interest in alienated land may - it restricts the ownership of land by a non-citizen or a
be effected in favour of a non-citizen or a foreign foreign company. In Jalaludeen a/l Abdul Aziz v
company; Thrumalingam a/l S Rajadurai & Anor [2002] 1 MLJ 237,
the transaction was held to be in contravention of section
(c) alienated land, or any share or interest in such 433B(1)(b) of the Code as the prior approval of the State
land, may be transferred or transmitted to, or Authority had not been obtained by the plaintiff who was
vested in, or created in favour of any person or a Non-citizen Purchaser. As such, the transaction was null
body as “trustee”, or of two or more persons or and void by reason of section 433C of the Code.
bodies as “trustees”, where the trustee or one of
the trustees, or where the beneficiary or one of Therefore, no one should be allowed or be able to
the beneficiaries, is a non-citizen or a foreign com circumvent section 433B of the Code. The Code makes
pany; it clear that a Non-citizen Purchaser is not allowed to
(d) the Registrar may in respect of any land register acquire land unless he/she has received the State Authority
any person or body as “representative” or make a Consent.
memorial in favour of any person or body as “rep
resentative” if such person or body is a non-citizen In conclusion, any attempt by a Non-citizen Purchaser to
or a foreign company; assign absolutely the rights, title to and interest in a prop-
(e) the Registrar may endorse any memorial of erty which is the subject of a standard sale and purchase
transmission on the register document of title to agreement in favour of a bank-assignee prematurely (i.e.
any land in favour of a non-citizen or foreign before the State Authority Consent has been obtained) is
company, to pre-empt section 433B of the Code and thus such an
assignment will be null and void.
but only after the prior approval of the State Ally Chong
Authority has been obtained upon an application
in writing to the State Authority by such non-citizen
or foreign company.... (Emphasis added)”
NOTICE
“...a Non-citizen Purchaser 17TH ANNUAL
is not allowed to acquire land GENERAL MEETING
unless he / she has received KUALA LUMPUR BAR
the State Authority consent.”
At the time of executing the sale and purchase agreement, NOTICE is hereby given that the
the Non-citizen Purchaser may possess a right to the
agreement, a right to purchase the property, a right to the 17TH ANNUAL GENERAL MEETING of
agreement to purchase however these are not absolute the KUALA LUMPUR BAR will be held
rights as he/she only has a conditional right to purchase
the property prior to the receipt of the written approval of on THURSDAY, 26TH FEBRUARY 2009 at
the State Authority.
2:00 P.M. at the GRAND BALLROOM,
Section 433E(1) of the Code further provides that “subject
to any written law, a person or body desiring to convey THE LEGEND HOTEL, 9th Floor, Putra
or dispose of, in a manner other than those specified in Place (The Mall), Kuala Lumpur.
subsection (1) of section 433B, any alienated land or any
interest therein to a non-citizen or a foreign company may
be allowed to do so, but only after the prior approval of
the State Authority has been obtained....” The Committee urges all members of

Section 433C of the Code provides that any disposal of the Kuala Lumpur Bar to attend this
land by the State Authority, or any dealing or other act meeting.
with regard to alienated land or any interest therein in
contravention of section 433B of the Code shall be null
and void.

5 • article
ARE WE THERE YET ?
Brendan Navin Siva highlights some interesting legal trends from other jurisdictions and
how legal practice in Malaysia can benefit from some of these trends.

Malaysian law firms have generally lagged behind their Americas, 300 in Asia and 500 in Europe. Its website is
counterparts overseas in terms of efficiency, productivity, comprehensive in the availability of information
organisation, innovativeness and sheer competitiveness about its services, its offices and its staff, along with a
in terms of salaries and remuneration packages, not to comprehensive archiving of all its publications and news
mention resources. Those who have spent some time reports.
working in law firms in the United States, United Kingdom
or Australia say that we may well be 5 to 10 years behind. But what struck me as most interesting was that the (US)
Supreme Court and Appellate Practice Division of Mayer
“But it is in content that I Brown maintains its own website Appellate.net <www.
appellate.net>. Apart from the normal description of their
believe overseas law firms services and the profile of their appellate attorneys, the
website contains links to all the official websites of the

differ greatly from ours.” various appellate courts as well as the judgments delivered
by the said courts. It also makes readily available a treasure
trove of articles written by their leading attorneys. Some of
I believe that it is therefore worth highlighting some of the the articles on appellate advocacy are extremely insightful.
trends developing overseas to see what the future holds This is not what impressed me the most. Appellate.net also
for us and to act as food for thought as to whether we contains a list of all Mayer Brown’s Supreme Court cases,
are moving in the right direction. This is of course not an together with a link to the transcripts of the arguments
exhaustive guide to what is out there - it is merely the and briefs in those cases. Where possible, audio feeds of
ramblings of someone who spent a few hours surfing the the oral arguments are also made available.
Net during one particularly severe bout of procrastinitis.
What does this mean to Malaysian lawyers? It means that
Website Content if you wanted to learn the art of appellate advocacy, you
In terms of website presentation, there doesn’t seem to are not merely restricted to reading material about it.
be a significant difference between most websites of law Neither are you restricted to driving 45 minutes to
firms overseas and in Malaysia. Although most law firms Putrajaya to hear submissions of counsel in the Palace of
overseas appear to allocate substantial funds for the Justice. With the right dose of imagination and interest,
creation and development of their respective websites, you could easily find yourself spending a day or two in the
it would appear that the conservative and traditional US Supreme Court in Washington D.C., listening to oral
approach is still the most common prevailing approach to arguments by some of the highest paid “attorneys” in the
online presentation. world, complete with the banter and interjection of the
Supreme Court Justices. All this without even having to
Malaysian law firms that have embraced websites as an leave your doorstep.
additional means of communicating with their clients and
to promote the services they offer do not appear to lag How far down the road is the day when a lawyer in Ipoh
behind significantly in terms of presentation. This is, of or Kota Bharu can switch on a computer in the office and
course, after having factored in differences in publicity hear the latest arguments in the Federal Court on a point
restrictions which regulate how and what a Malaysian law that interests him or her? The technology required is not
firm can do and say in promoting and publicising their high end. It can be made available and it is not expensive.
services. Do we need to wait 5 or 10 years?

But it is in content that I believe overseas law firm websites Incidentally, Mayer Brown is one of the primary sponsors
differ greatly from ours. There are many examples to of the Oyez Project <www.oyez.org> - a project started
illustrate the point. I will highlight only one. and operated by Professor Jerry Goldman of Northwestern
University. Its main objectives are to make the work of the
The website of Mayer Brown <www.mayerbrown.com> US Supreme Court accessible to everyone through text,
makes the claim that it is a leading global law firm with images, audio and video. The Oyez Project is a multimedia
offices in key business centers across the Americas, Asia archive which includes an initiative to create a complete
and Europe, with approximately 1,000 lawyers in the and authoritative audio recording database of all cases

6 • article
since the introduction of an audio recording system in our people.”
October 1955. For those of us who have participated
in one way or another in the recent trial period for the Is this the way of the future? Food for thought?
proposed transcription services in our courts, it is sobering
to discover that we are doing now what American lawyers
started doing more than 50 years ago. “Nearly all the common law
For those who lack the required imagination to get into jurisdictions have in the last 10
to 15 years undertaken a
the mood for the audio recordings and need to be visually
aroused, the Oyez Project also offers a virtual reality tour of

wholesale review of their system

certain sections of the Supreme Court Building and, if you
fancy a peek, the chambers of some of the Judges.

Public Disclosure of Information

of administration of justice...”
There are no laws that require public disclosure of the
financial information of law firms in Malaysia. So too in the
United Kingdom. Seeking to stand out from the crowd, Law Reform
Clifford Chance has released an Annual Review for the Nearly all the common law jurisdictions have in the last
period 1 May 2007 to 30 April 2008 (see 10 to 15 years undertaken a wholesale review of their
w w w. c l i ff o rd c h a n c e . c o m / p d f / c c _ a n n u a l re v i e w. system of administration of justice and implemented
pdf?LangID=UK&). concrete measures to improve the efficiency, integrity and
productivity of their respective legal systems.
The Annual Review is set out in a framework not
substantially different from that of the Annual Reports The latest is the work of the Victoria Law Reform
of public listed companies. It contains a summary of Commission - the “Civil Justice Review Report” (see http://
its more notable achievements and work done. It also www.lawreform.vic.gov.au). Released on 28 May 2008,
contains a summary of the structure of the law firm and the Report is the product of 18 months work and contains
its overall governance. And, most strikingly, it contains a a comprehensive review of the Victorian civil justice system.
summary of the audited statutory consolidated financial It contains proposals designed to “reduce the time taken
statements of the law firm for the year ended 30 April to resolve disputes, reduce costs and simplify the process
2008. Revenue of £1,329,000,000-00. Profit before tax of of civil litigation”.
£478,000,000-00. Average profit per equity partner of
£1,156,000-00. The Report is 758 pages long. To say that the Report is
comprehensive would be an understatement.
What is the reasoning for this bold move? The official
reasoning appears in the opening pages of the Annual Some of the more relevant recommendations made by
Review - the Commission include the introduction of pre-action
“In recent years our clients have been responding to requirements for communication and exchange of
growing demand for open and transparent disclosure information between potential litigants; the introduction
of the way their businesses operate, how they are of new statutory standards to govern conduct of litigants
managed and how well they are performing. This so as to accelerate disclosure of information, encourage
demand has come not only from regulators and greater co-operation and limiting of the issues in dispute;
investors but from a broad spectrum of stakeholders the increase of alternative dispute resolution; to establish
including employees, customers, suppliers, NGOs, the more proactive judicial management of litigation; to
media and neighbouring communities. implement early and cost-effective modes of disclosure
(including pre-trial oral examinations, etc); and to enhance
Although we are not required to produce an annual judicial control over expert witnesses and expert evidence
report at present, we are aware that there is growing (including enabling a single expert to be appointed or
interest in what we are doing and the thinking behind to direct expert witnesses to confer and attempt a joint
it. In today’s climate of greater business openness, it report).
seems appropriate for us to begin reporting regularly
to interested stakeholders and also to publish a The fact that it is time for Malaysia to undertake a similarly
corporate responsibility report. comprehensive review of both the civil and criminal
justice systems is painfully apparent without the need to
As we succeed in our strategy of building a truly look overseas. But with there being so much evidence of
global law firm, these reports provide an opportunity committed and focussed law reform efforts overseas, it
to show the big picture of how we operate as a single begs the question why we have not even started?
firm worldwide and how this benefits our clients and

7 • article
“Are We There Yet”
[continued from page 7]

eConvenyancing performance and reward, so that they knew upfront

Another fellow procrastinator (who does not wish to be exactly what they needed to achieve in order to secure
named) also alerted me to this interesting development. such financial reward.
The Law Society of Ireland has come up with a proposal
to place the entire conveyancing process on an electronic This would seem to be logical. A purely discretionary
platform. On 22 July 2008, the eConveyancing proposal bonus scheme for lawyers has always been the prevailing
was launched – “Back to Basic Principles. Vision of an way in Malaysia. But it is arguable that it has created an
Electronic System of Covenyancing” (see www.lawsociety. atmosphere of uncertainty amongst employees who have
ie/UserFiles/File/Publication%20of%20eVision.pdf) no real indication of the manner in which their bonus
payments were arrived at, even
It is the product of 3 years of
research and consultation. Its primary
“...larger law firms in though they may have been provided
in advance clear and exact
recommendation is a call for Australia have recently performance targets to meet, either

introduced...structured
legislative, procedural and financial or non-financial. It would
administrative reform to bring appear that there is never an exact
the conveyancing process back to
its basics. Having examined the
formal bonus schemes for formula that then links those
performance targets to the quantum
conveyancing process in other the younger lawyers ...” of monetary reward a lawyer would
jurisdictions, the Law Society of receive in return. It also sometimes
Ireland contends that these other jurisdictions appear to breeds resentment, especially when the system is ad-hoc
have made what it regards to be a fundamental mistake and bias towards certain favoured employees. In this
- merely electronifying their existing paper systems, instead regard, a formalised reward scheme may be the way
of re-engineering the whole process to suit the electronic forward.
and on-line environment.
Time to stop rambling on. If anyone is aware of any other
The Law Society of Ireland predicts that if the developments or trends overseas that Malaysian lawyers
eConveyancing proposal can be successfully implemented, ought to consider or think about, please let us know by
the total transaction time could be 5 working days. emailing us at [email protected]
Brendan Navin Siva
The proposal is said to be intended to provide a framework
for discussion and to stimulate other stakeholders to
examine the processes of the present conveyancing
system and to initiate changes required to facilitate
eConveyancing. Should this not also create or stimulate Do you receive Emails
discussions in Malaysia? It goes without saying that such a
proposal - if feasible in our local environment - would be a from the KL Bar?
huge step forward.
The KL Bar Committee issues emails
Retaining Legal Talent to members as and when there are
In an article in the Australian Financial Review entitled
“Young Lawyers’ Loyalty Comes at a Price” dated 15
issues that arise or information is
August 2008, it was highlighted that the larger law firms received that would be beneficial
in Australia have recently introduced, in varying degrees, to members including activities of
structured formal bonus schemes for the younger lawyers
in an effort to retain legal talent. the KL Bar. If you do not presently
receive emails from the KL Bar
These schemes set clear and tangible performance targets
across a range of measures and provided clarity and Committee, please send an email
certainty for the lawyers to work towards, in contrast to the to [email protected] or fax
traditional model of making bonus payments on a purely
(03-2691 1090) providing your name,
discretionary basis. The law firms appear to be constrained
to match the formalised structures of the multinational place of practice and email address.
corporations and financial institutions to avoid losing their This will be duly processed so that
best people to these entities.
you will be updated by email on all the
It would also appear that some of the law firms modified matters set out above.
their bonus schemes in response to a growing demand
from their young lawyers to have a clearer link between

8 • article
KL Bar Environmental Law Committee’s Visit
to Coastal Protection Sites in Port Dickson
Maria Mohd Haris presents a report on the technical visit to coastal protection sites in
Port Dickson organised on 18 October 2008.

Report on Technical Visit to Coastal Protection Sites by erosion as a result of wave attacks which caused the
in Port Dickson on 18.10.2008 jointly organized by movement of material seawards and lowered the beach
Kuala Lumpur Bar’s Environmental Law Committee beginning from a dive shop and the food court to the
and the Water Resources Technical Division, chalets just before Avillion Hotel & Resort. Temporary
Institution of Engineers (“IEM”), Malaysia. measures were employed and these included the
building of seawalls and gabions1, yet these had failed
The technical visit was conducted by En. Nor Hisham Mohd due to a combination of poor construction of seawalls,
Ghazali, former Head of Design Unit, Coastal Protection scouring2 and undermining3.
Division, Jabatan Parit dan Saliran Malaysia and was well
attended by 7 members of Kuala Lumpur Bar and 2 Beach Renourishment
registered non-members, together with 8 members of Beach renourishment, spanning the areas from Bagan
IEM. We departed by coach from IEM building in Petaling Pinang to Pantai Saujana, was then introduced by
Jaya at 8.30 a.m. and completed the visit by 4 p.m. importing sand from the offshore beach thereby raising the
shorefront and resulting in the creation of a “new beach”.

Backshore Drainage
Drainage outfall4 from the dive shop and food court, which
used to be discharged onto the beach, was re-channeled
into the underground drains and thereafter discharged at
a single main outfall. This kept the beach free from surface
flows which would have created runnels5 and reduced the
beauty of the beach. As a result of both the beach
renourishment and underground drainage system, the
structures mentioned above as well as Avillion Hotel &
Resort benefited from the scheme and the beach is now
wide and clean.

Landscaping
The landscaping was a recent introduction to the beach
A. Bagan Pinang Beach nourishment project and has twofold objectives - by
We had an introduction and briefing session by En. Nor planting selected trees and grass turfing at the backshore
Hisham upon arrival at Bagan Pinang beach at 10.00 a.m. of nourished area this will help in preserving the sand and
Our first stop was at the beach in front of the Straits View limiting its transport by wind and extreme wave seawards.
Hotel at Batu 2.This was the starting point of the Port
Dickson Beach Nourishment Project completed in 2006.
The beach nourishment project introduced 60 metres of
additional beach berm to the existing beach. The project
also included a drainage improvement component in that
at Batu 2, the Sg. Saguni outlet was reconstructed to
improve flushing.

We then walked along the beach southwards towards

Bagan Pinang food court for the second stop of the tour.
South of Bagan Pinang, the food court, a dive shop, Balai
Rakyat and some apartments were at one point threatened

1 Gabions are cylindrical wicker or metal basket for filing with earth or stones.
2 Scouring - clearing out by flushing through with a pipe, channel, etc.
3 Undermining - wearing away the base or foundation (of river, etc)
4 Outfall is the mouth of the drain, where it empties into the sea.
5 Runnels - Gutter

9 • article
“KL Bar Environmental Law Committee’s Visit to Coastal Protection Sites in Port Dickson”
[continued from page 9]

The landscape also provides shade for local beachgoers C. Saujana Beach, Fourth mile
preferring shady areas to lay their mats, unlike the western At 11.00 a.m., we arrived at Saujana Beach.
counterparts who prefer to “bathe” in the sun.
This is the straightest shoreline and was filled with
An assortment of coastal species such as Jambu Laut plants casuarinas trees. It was first renourished in 1994 and again
and palm trees were planted, less for aesthetic value but in 2004 by adding 60 metres of berm length.
more for making the area seem natural and blend in with
the surrounding.

B. The Mini-Marina
At 10.30 a.m., we arrived at the mini-marina. This is an
area behind Pulau Burong, which is a small mangrove
islet6 and it is built by JPS to enable fishermen to berth their
boats.

Underground drainage was built to contain the effluent

and sullage8 discharges from nearby shoplots by directing
them to Sungai Sri Rusa while the surface run-off was
collected in gravel drains underneath the backshore and
discharged sideways at the end point of the beach.
This mini-marina is circular in shape and possibly the first of
its kind in the country. The shape allows for greater space D. Sri Cahaya Beach (Pulau Sri Rusa)
to the 30 or so local fishermen for the purpose of berthing At 11.20 a.m., we arrived at Sri Cahaya Beach.
and also for security reasons. Furthermore, the location
of the mini-marina, behind Pulau Burong provides an An artificial headland was built in 1991 (by creating an
additional shelter to the fishermen from strong waves. “arch”) and has the effect of slowing the impact of strong
waves thereby creating a calm area opposite the small islet
By containing the boats within the mini-marina, problems (Pulau Sri Rusa).
of haphazard berthing along the channel by the fishermen,
as well as the competing usages of the nourished beach The headland connects to a small islet which forms a “Y”
with beachgoers, were solved all at once. shape. The islet is a small mangrove area, popular with
anglers. A low revetment9 was also built using granite
Breakwaters7 were also built to protect against storm stones to keep the nourished sand from completely
waves. inundating the islet.

6 Islet is a small island.

7 Breakwaters are barriers built into the sea to break the force of waves.
8 Sullage is filth, refuse, sewage.
9 Revetment is a retaining wall or facing of masonry etc.

10 • article
E. Selesa Hotel Beach/Beach Management System The effect of BMS is that it keeps the water level of the
At noon, we arrived at Selesa Hotel beach. beach low and increases the compactness of the beach
sand.
This is the site for the first successful Beach Management
System (“BMS”) on the west coast. BMS works on the As a result of BMS, Selesa Hotel had benefited from the
principle that an unsaturated / drained beach is less clean beach.
susceptible to erosion, and it is being described as “a
drainage system underneath the beach”. This Report dated 16h December 2008 was prepared by
Maria Mohd Haris and amended by En. Nor Hisham Mohd
Underneath the beach lies some porous10 pipes wrapped Ghazali for Kuala Lumpur Bar’s Environmental Law
in geotextile11. Geotextile acts as a filter / separator Committee. The visit was made possible with the
keeping the sand from entering the drainage pipes and assistance of IEM and the writer wishes to extend her
choking the drainage system. gratitude to IEM & KL Bar.

Any error or omission by the writer is entirely her own.

Maria Mohd Harris

Beach water is drained by gravity to a sump12.

When the water level reaches a certain pre-set point,

automatic pumps are activated by sensors and the water is
drained out through an outlet at one end of the beach.

Two pumps are installed and designed to function

alternately to prevent overworking the system.

10 Porous - letting through water.

11 Geotextile - Woven clothes/mesh used for strengthening the porous pipe.
12 Sump - pit, hole, well.

11 • article
Body Search
Richard Wee Thiam Seng looks at the new provisions in the criminal procedure code
dealing with the right of the police to conduct a body search.

Continuing on from my earlier article (in Relevan Issue latest version of the CPC.
No. 1/08) on section 28A of the Criminal Procedure Code
(“CPC”) which dealt with the right of a person to contact A body search is not compulsory1 as per the Fourth
a lawyer when detained by the police, I wish to now focus Schedule, but can only be carried out if it complies with the
on the provisions governing the right of the police to following objectives:-
conduct a body search pursuant to section 20A of the
CPC. Similar to section 28A of the CPC, this new section 1. To obtain incriminating evidence related to the
20A was added into the CPC by the Criminal Code offence of which the accused person was arrested
(Amendment) Act 2006. for.

Section 20A of the CPC states: 2. To seize contraband, the proceeds of the crime or
other things criminally possessed or used in
“ (1) Any search of a person shall comply with the conjunction with the offence the accused person
procedure on body search as specified in the was arrested for.
Fourth Schedule of this Code.
3. To discover evidence related to the reason of the
(2) Notwithstanding any written law, the provisions of arrest or to preserve the said evidence or prevent
the Fourth Schedule shall apply to any search of disposal of the same.
a person conducted by any officer of any

“... a body search

enforcement agency conferred with the power of
arrest or search of a person under any law.

can only take place

(3) The Minister charged with the responsibility for
internal security and public order may amend the
Fourth Schedule by order published in the

after arrest.”
Gazette.”

History behind the addition of Section 20A

We must recall the events that led to the addition of
section 20A of the CPC. In 2005, a video recording was
made from a mobile phone of a woman forced to strip in Interestingly, while section 20A of the CPC is silent on this
a police station, and who was instructed to repeatedly point, section 1 of the Fourth Schedule makes it clear that
squat. This video caused so much outrage that the a body search can only take place after arrest. Therefore,
Government established a Royal Commission to the police cannot conduct a body search on a person who
investigate, inter alia the video recording and the has not been arrested. If one is merely being questioned,
allegations of police abuse of arrested persons at police no body search can be carried out.
stations. The findings of the Royal Commission led to
the numerous amendments in the CPC as per the 2007 Types of Body Search
Amendments Act to the CPC There are 4 types of body searches, as set out and defined
in sections 2, 4, 7, 10, and 13 of the Fourth Schedule :-
How does Section 20A operate?
The new section 20A of the CPC refers to the Fourth 1. Pat down search - outer clothing search which is
Schedule of the CPC (“the Fourth Schedule”) which carried out by quickly running down the hands
elaborates on the extent of the powers of the police over the outer garments.
to conduct a body search. To quote the entire Fourth
Schedule of the CPC would take up too much space in 2. Strip search - this search involves removal of a
Relevan, and so I would urge you to refer the same in the person’s clothing in part or in full.

1 Section 1(1) of the Fourth Schedule states:-

“1. (1) A body search may be conducted on a person arrested only if it complies with any of the following objectives”

12 • article
 3. Intimate search – includes the physical Another interesting case is the English High Court
examination of a person’s bodily orifices other decision of Mustapha Osman v Southwark Crown Court
than the mouth, nose and ears. [1999] EWHC Admin 622, decided on 1 July 1999, where it
was held that a body search conducted by 2 police officers
4. Intrusive search - as the name suggests, this is an who failed to properly identify themselves to the persons
intrusive search to check if the person has hid searched as per the Police & Criminal Evidence Act 1984
anything inside that person’s body. (“PACE”), was in breach of section 2(3) of the same Act.
The High Court overturned the Crown Court’s decision
Thus far, I have not come across any reported cases on and released the accused person on that ground alone.
section 20A of the CPC2. I however foresee challenges Justice Collins in discussing the body search provisions
by Defence Counsel over body searches as the Fourth under PACE and the protection it gives to the people in
Schedule has been drafted in rather general terms. One relation to body searches by the police said this:-
possible challenge is in a situation where an accused
person has been arrested for Crime A, but after a body “This is, no doubt, because Parliament has recognised
search, the evidence thereafter leads to the prosecution of that a search of a person is a serious interference with
Crime B. Can the charge for Crime B hold water? his liberty, and all proper safeguards must be followed.
The facts found show that there was no reason why

“... a search of a person is a serious

interference with his liberty, and all
proper safeguards must be followed.”
In the Privy Council decision of Kuruma v Reginam (1955) the officers could not have given the necessary
1 All ER 236, Lord Goddard did state that; “the test to information. It is not for the court to disapply the
be applied in considering whether evidence is admissible duties set out in the Act, but only to decide whether,
is whether it is relevant to the matters in issue. If it is, it is in a given set of circumstances, the officers have taken
admissible and the court is not concerned with how the all reasonable steps to do what Parliament has
evidence was obtained.” required them to do. I emphasise that we are not
concerned with the admissibility of evidence found as
In R v Kelt [1994] 2 All ER 780, the English Court of a result of a search, but whether the search itself was
Appeal faced a situation where the blood sample of an lawful, so that the officers were acting in the
accused person was extracted for a murder inquiry but the execution of their duty when carrying it out.”
said sample then matched blood found at a robbery scene,
unrelated to the murder inquiry. Can that blood sample It is hoped that with the new Fourth Schedule, which lays
be adduced as evidence in the robbery case? The Court down extensive grounds and rules of conducting a body
of Appeal did stress the need for the police to act in good search, the Courts will continue to safeguard the rights to
faith when dealing with evidence extracted for one alleged the people. The quote above by Justice Collins would be
crime but used in another criminal charge. The Court held a good guide, not only to the Courts, but to the police as
that the blood sample in that case could be used in the well.
robbery trial, notwithstanding the fact that it was meant Richard Wee Thiam Seng
for another case.
* The author would like to express his appreciation to law student Yip
Xiao Heng who assisted with some of the research for this article.

2 As of 16 December 2008, no reported cases were found in the Malayan Law Journal and the Current Law Journal. However, please feel free to
inform the Kuala Lumpur Bar Committee of any cases reported for that said provision, for our onward amendment to this article.

13 • article
CHARITY NITE -
H R Dipendra looks back at the success of the Charity Nite over the years and how it should remain
a tradition of the Bar.

When the Kuala Lumpur Bar Young Lawyers Committee 1000 lawyers attended the various Charity Nites, never
handed its cheque of RM29,430 to the Pusat Penjagaan before, indeed, have so many lawyers come together with
Kanak-kanak Cacat Klang last month, it got me thinking. one love and one heart for charity. The amounts do vary
Just how much have we lawyers raised for the various from state to state, but no doubt, as a rough estimate from
charitable homes in the past 4 years? We have had 4 all monies donated, a sum in excess of RM100,000 was
editions of the Charity Nite organised by the KL Bar YLC surely disbursed to the various adopted charities.
since 2005 and in 2007 and 2008, the Perak, Penang,
Johor, Selangor, Melaka and Kelantan State Bars The modus of the Charit y Nite is simple and
respectively all got into the Charity Nite action. straightforward indeed. Often, as is with many charity
events, one needs a catalyst to get the atmosphere
The concept of holding a Charity Nite in the Bar calendar pumping. The hallmark of the Charity Nite has always
began in 2005 when a group of enterprising lawyers been the showcasing of our very own extra- legal talent. In
organised the first ever Charity Nite at the Souled Out Kuala Lumpur for example, we have had 2 years of the KL
Café in swanky Hartamas on 30 June 2005. Buoyed by its Bar Idol and in 2008, the 1st ever ‘Battle of the Bands’ was
success (and of course the amount of fun lawyers had organised where the winner is crowned on their ability to
singing to their hearts content), this immediately became reign in the highest amount of pledge. Whilst some of us
an annual event earmarked for every June as a mid-year may not agree with the choice of the ultimate winner, we
relief for lawyers from the rigors of work. 2007 saw a surely must agree that it is the charity that matters. And of
record of sorts when not only a sum of RM35,000 was course, we all had a lot of fun.
raised for 2 charities, it also saw the inaugural ‘West Coast
Charity Nite’ whereby the State Bars of Kuala Lumpur, Organising a Charity Nite event is also not an easy feat.
Perak, Melaka and Johor all simultaneously held their A lot of care goes into the choice of the Charity (and to
Charities Nite together. Coupled with the fact that almost ensure that the Charity is bona fide and thoroughly

14 • event
- RM100,000 AND COUNTING
deserves the donation). Choice of venue is also important at the very least, all of us agree that the success of the
as the Bar has many sensibilities that require utmost care to respective Charity Nites over the years has been of
be taken so as to ensure no unpleasantness arises. Equally paramount importance and with that came all the financial
important was to keep the ticket price as low as possible support. To all the volunteer lawyers and sponsors, I salute
with the maximum amount food and beverage so as to you!
ensure that every lawyer could afford to attend. A lot of
volunteers across the Peninsular, in no small way, made Looking back, the Charity Nite was created as a social
the respective Charity Nites a success. Help also came in outing with a noble purpose for lawyers. I dare say it
many ways from assisting with the initial groundwork, to complements the other social events in the Bar Calendar
performing in a band on the night, producing excellent like the Annual Dinner and Bar & Bench get-togethers and
video promos and “harassing” lawyers to pledge during projected an image of a compassionate Bar. If the truth be
the live performances. These volunteers deserve the Bar’s told, the Charity Nite has resulted in goodwill for the Bar
vote of thanks. as a whole over the past 4 years. There are many lawyers
with fond memories of this event and can surely attest to
The success of the Charity Nite would not have been this. The goodwill generated from being a responsible and
possible but for the donations made. Many contributing caring Bar will surely sweeten the hearts and soothe the
firms and individuals pledged various amounts or money for minds of even the most ferocious detractors of the Bar. It
the event. And the firms and individuals did so with much is with this belief, and in moving forward, I feel that every
hope in their hearts that the adopted charities would never possible effort must be made to ensure that the Charity
have to walk alone. It is fortifying to note that no matter Nite continues as a tradition of the Bar.
how much we lawyers may disagree over various issues,
H R Dipendra
Chair
KL Bar Young Lawyers Committee

15 • event
The Common Bar Course
Steven Thiruneelakandan, Chairman of the Professional Standards and Development
Committee of the Bar Council, elaborates on the proposed framework for the Common
Bar Course.

There has been much discourse lately on whether there A: The Committee’s primary task was to craft the
should be a common examination for all law graduates syllabus and course content for the proposed CBC.
before they enter the legal profession. The President of the In this regard, we were required to also consider
Malaysian Bar, Dato’ Ambiga Sreenevesan, was quoted and implement, where possible, the position taken
by the New Sunday Times (April 6, 2006) as saying that by the Bar Council in the various working papers
there was a need for “...... a common examination for all on the CBC. These were prepared between 1989
law graduates entering the legal profession, irrespective of to 2003 and include the Morrison Report (1989),
where they had pursued their undergraduate degrees.” Seeking Quality: Bar Council’s Memorandum on Legal
Education Reform And Qualifications For Entry Into
The former Minister of Law in the Prime Minister’s The Legal Profession (1993), Report on the Review
Department is reported to have said (in the New Straits of the CLP (2002) and Bar Council Memorandum On
Times, May 15, 2006) that “...... the government was Legal Education Reform (2003).
looking into introducing a Bar Vocational Course and
whether such a model, practiced in the United Kingdom, Q: Has the Committee completed its work?
could be implemented locally.” Relevan speaks to Steven A: Yes, we have. We have prepared a draft CBC
Thiru, Chairman of the Professional Standards and framework which takes into account the Bar Council’s
Development Committee of the Bar Council and a member views over the past two decades. We have also made
of the Bar Council’s Ad Hoc Committee on the Common a number fresh proposals which we believe will
Bar Course, for his views on these developments:- revolutionise legal training and put us on par with
other modern schemes the world-over. The draft CBC
Q: Do we need a Common Bar Course (“CBC”) as proposal is, however, still work-in-progress as it is
a single entry point into the legal profession in pending approval by the Bar Council. It is to be tabled
Malaysia? for debate at our next Council meeting on October
A: Yes. It would be an important step in our efforts 11, 2008.
to improve quality at the Bar. It would enable us to
deal with the source of the problem, viz, the general Q: Can you tell us the approach adopted by the
deterioration in legal education. A uniform training Committee?
scheme, in the form of the CBC, would certainly A: As a starting point, the Committee considered
contribute towards enhancing standards. the prevailing post-graduate professional training
programmes (ie. for advocates and solicitors /
Q: Is the Bar Council in favour of the CBC, barristers and solicitors) in other commonwealth
particularly as a replacement of the Certificate jurisdictions, namely the United Kingdom, Australia,
of Legal Practice (CLP) and if so, what steps have New Zealand, Hong Kong, Singapore and Canada.
the Bar Council taken? The experiences of these other jurisdictions were
A: The Bar Council has advocated for the CBC since the useful as a guideline. However, the Committee
mid 1980’s. We have consistently taken the stand did not lose sight of the fact that the profession in
that the CBC should be the ultimate filter for entry Malaysia is fused. Thus, the draft CBC proposal is not
into the legal profession. In May this year the Bar a wholesale reproduction of any one of these other
Council set up the Ad-Hoc Committee on the CBC. jurisdictions (eg. the Bar Vocational Programme in the
The Committee consist of experienced practitioners1, United Kingdom). The Committee has nevertheless
a senior academician (and formerly a senior adopted certain critical aspects of these programmes
practitioner)2 and the senior manager (standards) of and inculcated them into the draft CBC proposal.
the Malaysian Qualifications Agency3.
Q: But, will the CBC be just another CLP with a new
Q: Can you tell us about the work of the Bar label?
Council’s Ad-Hoc Committee on the CBC? A: It would not be. We were conscious of the

1 Hendon Mohamed, Prasad Abraham, Sheila De Costa, G.K. Ganesan, Ken St. James, Mariette Peters, Murad Ali, Roger Tan, Dato’ Muhammad
Shafee Abdullah, Nahendran Navaratnam and S.S. Muker
2 Adjunct Professor R. Rajeswaran of UiTM
3 Dr. Rozlini Mary Fernandez Chung

16 •q&a
 weaknesses in the CLP. We found it to be outdated option to fashion their training to cater for their
and it certainly does not, in our view, serve the choice.
requirements of the modern legal profession. Also, a
survey of the developments in the other jurisdictions (6) The CBC must deal with some of the
show that there has been a demonstrable shift in shortcomings in pupillage and enhance the
focus to practical training based on experiential training during pupillage.
learning and practical / vocational training. The CLP
is, regrettably, still largely mired in the old school Q: What would be the course structure for the
academic / black-letter law approach sans practical CBC?
training. A: We have proposed that the CBC be conducted in five
semesters over a period of twenty months (inclusive
Q: What is the underlying principle for the of pupillage). In this regard, the first three semesters
proposed CBC? will entail full time study whilst the remaining two
A: The main principle is that it will serve as a single entry semesters will be conducted part-time together with
point into the legal profession in Malaysia regardless pupillage. Further, Semester 1, 2 and 3 will consists of
of where the undergraduate qualification is obtained compulsory subjects. In semesters 4 and 5 (where the
(locally or from foreign universities/colleges of law). “students-at-law” would be undergoing pupillage),
There may of course be a list of recognized there would be a mixture of compulsory subjects and
universities/colleges of law (local and international) electives. As noted earlier, by their choice of the
which would be determined by the Legal Qualifying electives, the “student-at-law” (now pupil) can start
Board. This is consistent with the Bar Council’s stand tailoring their training to suit their preferred choice of
that “......the check on quality will not be at practice (litigation or non litigation).
theundergraduate level ie. entry into law schools
but at the professional entry level ie. professional Q: Will the CBC be the death knell for pupillage?
qualifications for entry into the Bar. Thus the final A: The Committee is of the view that pupillage should
check would be at the entry level into the legal be retained albeit with a reduction in its duration. In
profession.” (see the Bar Council’s Memorandum On this regard, the Committee has proposed that CBC
Legal Education Reform of 3.1.2003) should run partly parallel with pupillage. As stated
above, the student-at-law will undertake the CBC
Q: Has the Committee also drawn up the objectives on a full-time basis in the first three semesters. They
of the proposed CBC? will then begin their pupillage and continue with
A: Yes. There are broadly six primary objectives and they semesters four and five of the CBC on a part-time
are as follows:- basis. The incorporation of pupillage into the CBC
will hopefully deal with some of the shortcomings in
(1) The focus of the CBC should be on skills / the training of our pupils. It will allow pupils to easily
practical training (as opposed to testing on legal compare the level of training that they are receiving
knowledge) to equip the “student-at-law” for from their masters with their peers. Moreover, if there
legal practice in Malaysia. are weaknesses, the dual effect of “peer-learning” and
participation in the part-time CBC programme would
(2) The vocational nature of the training will be provide a safety net.
complimented with academic (substantive law)
elements, only where necessary. Thus, the CBC Q: How would the CBC deal with the crescendo
will not deal with substantive law, which should of complaints that we hear about the legal
remain the domain of the universities / law profession today?
colleges. A: It is a matter that we considered carefully. Thus, the
first three semesters essentially deal with aptitude,
(3) The CBC must combine the modern experience ethical values, basic legal skills and core areas of
of other commonwealth jurisdictions and our practice. These are the bedrock of legal practice
peculiar requirements (in a fused profession, with in Malaysia and are intended to ensure that those
the inherent weaknesses). coming into the Bar have the requisite qualities. In this
regard, it is envisaged that there should be a stringent
(4) The CBC should prepare the “student-at-law” for assessment system that would sieve out those who
the first two years of practice. do not possess these fundamental requirements. In
other words, it is not a given that all “students-at-law”
(5) The CBC should also enable the “student-at-law” would make the grade and complete the CBC.
to choose (if they so desire) to become either an
advocate (litigation) or a solicitor (non-litigation). Q: What are subjects that the CBC will cover?
This is achieved by giving the student-at-law the A: We have put together an array of subjects that we feel

17 •q&a
“The Common Bar Course”
[continued from page 17]

will meet the objectives that I spoke of earlier. In result in cost savings and it would also impact on the
this regard, some of the main subjects that we have logistical requirements for the CBC.
proposed are: Practical Aspects of Malaysian Law,
Legal Interpretation Skills (Constitution, Statutes Q: What about the teaching staff and infrastructure
and Case Law) and Practice Management Skills (in to support the CBC?
Semester 1), Legal Language (English and Bahasa A: It is envisaged that the teaching staff will consist of
Malaysia for law) and Communication Skills (including qualified members of the Bar, judges (sitting and
IT skills), Lawyering Skills (eg. Techniques of analysis) retired) and qualified academics from the various
and Practical Legal Research, Legal Ethics and law faculties / private colleges. There should also be
Professionalism, Business and Solicitors Accounts, provision for foreign teaching staff, whether on an
Interviewing and Client Counselling Skills, Opinion ad-hoc or permanent basis. Further, in connection
Writing (in Semester 2) and core subjects such as with finances, the Bar Council has decided that the
Civil Procedure, Criminal Procedure, Drafting Skills, CBC should be run on a non-profit basis. Thus, public
Evidence, Real Property Practice, Commercial and funding from the government would be required to
Corporate Practice, Introduction to Advocacy, set up the necessary infrastructure and to cover
Negotiation Skills, Alternative Dispute Resolution- administration costs.
Mediation and Arbitration (in Semesters 3 and 4)4.
Finally, in Semester 5 we have proposed Remedies and Q: When do you expect the CBC come into place?
Enforcement / Execution Proceedings as well as a host A: We anticipate it will take between 4 to 6 years
of other electives5. for the CBC to be implemented. This is because,
inter-alia, there is a requirement for dedicated course
Q: How do you expect the CBC to be delivered? materials, which are presently unavailable. We must
A: The Committee has also considered the mode of also develop a training programme for those who are
delivery and the assessment system. We have to be engaged to teach the CBC. As for logistics,
discovered that most jurisdictions have moved away in the interim we would need to use the available
from the traditional lecture-seminar/tutorial as the facilities in the law faculties in our public universities
mode/s of delivery of the CBC. Thus, the modern in the Klang Valley. However, we must look at a
approach (as part of experiential learning) is to have a purpose built college (eg. the College of Law, Sydney)
mixture of lecture-seminar/tutorials, on-line learning, to cater for the CBC in the future.
DVD’s, practical and industrial training. This should

4 Some of the other proposed electives in Semester 4 are Advanced Evidence, Advanced Civil Procedure, Advanced Criminal Procedure, Advanced
Real Property Practice, Advanced Corporate and Commercial Practice, Wills and Probate Practice, Insolvency Practice and Family Law Practice.
5 Some of the proposed electives in Semester 5 are Administrative Law Practice, Advocacy in Criminal Law, Industrial Law Practice, Intellectual
Property Law Practice, Human Rights Litigation and Introduction to Islamic Banking and Finance.

LEGAL AID
GALA CHARITY DINNER & DANCE
In conjunction with the 63rd Annual Dinner & Dance of the Malaysian Bar

Saturday, 14th March 2009, 8pm

Grand Ballroom, Renaissance Hotel, KL

A 3-course Western-style Dinner garnished with Jazz, Cocktails, C7W, Rock Music
and Comedy featuring Ocean of Fire, The Rozells and Legal AIDers ensemble

For inquiries and bookings please call:

Ms Adilah Ariffin at 03 2034 2071 / 03 2031 3003 ext 160
or email [email protected]

18 •q&a
Undertaking Comprehensive Judicial Reform
Brendan Navin Siva analyses the way forward in reforming the civil justice system in
Malaysia. This article was first published on Project Malaysia (www.projectmalaysia.
org) under the issue of The Administration of Justice.

Introduction on in the courts. Steps will be taken to avail themselves

Any efforts aimed at reforming the Judiciary and improving of all available procedural and substantive avenues to
the administration of justice in Malaysia must first avoid a quick resolution of the dispute. A Judge cannot
understand that the problem in Malaysia is a multi-layered cut through these efforts without hearing them on their
and multi-dimensional one. In this article, I wish to deal merits. This again takes time. Further, depending on the
only with reform of the civil justice system in Malaysia. nature of the facts and the applicable law in any particular
case, it will always be in the interests of one party or the
Any attempt at judicial reform of the civil justice system other to present their case as being complex and
must first comprehensively identify the problems faced in complicated whereas the other side would be adamantly
the administration of justice and their root causes, before arguing that the case is clear and one that can be decided
even considering what measures ought to be taken to quickly. But again the Courts must hear and consider all
address them. I say this because amongst the various the arguments put forward by both sides. In other words,
stakeholders - the members of the Malaysian Bar, the unless the issues are clear-cut, there is no quick fix. Even
Judiciary, the Attorney-General’s Chambers and the if we discount the huge backlog of cases and the ever
Government - there is no consensus as to what the increasing new filings every year, there will still be a fair
problems actually are and who or what is the cause of amount of time required to hear and decide any particular
such problems. More importantly, it would appear that case. The public should not therefore expect or demand
members of the public do not have a real understanding swift results from the courts. But certainly the time taken
of the complexity of the process. The public believe that should not be unduly lengthy.
the courts should be able to decide cases quickly. There
is clearly an expectation gap between what the public Comprehensive Review of Administration of Justice
believe they are entitled to and what the system can Needed
actually deliver, even if operating at efficient levels. How should judicial reforms be approached in Malaysia?
There is only one way. It requires a comprehensive review
The Malaysian Legal System of the entire system.
The Malaysian legal system is built on the foundations of
the common law tradition and is an adversarial system. All the common law jurisdictions have in the last 10 to 15
In a traditional adversarial system, the judicial proceeding years undertaken a wholesale review of their system of
involves the competing parties submitting their case and administration of justice and implemented concrete
presenting their arguments in the manner that they see measures to improve the efficiency, integrity and
fit. The judge does not play an inquisitive or investigative productivity of their respective legal systems and courts.
role and, to a large extent, cannot enter the fray but must
decide the case based on the evidence and submissions Lord Woolf spent close to 2 years reviewing the civil justice
presented by both sides. Even though an individual believes system in the United Kingdom. His report in July 1996
that he or she has a strong case, the Court cannot make entitled ‘Access to Justice’ comprehensively outlined
that determination without first going through the the problems afflicting the system and made 303
careful and deliberate process of considering all the recommendations to improve the system. New measures
evidence and competing submissions on the law and the were implemented. They have been in place since 1999.
facts by the opposing parties. This, by its very nature, is
a process that takes time. The amount of time required In February 2000, the Chief Justice of the Supreme Court
to make a determination would, of course, also depend of Hong Kong appointed a working party to review
largely on the complexity and number of issues that arise in the civil rules and procedures of the High Court and to
each case. And cases today are clearly more complex than recommend changes thereto with a view to ensuring and
they were in the past. improving access to justice at reasonable cost and speed.
The working party completed their report in March 2004.
The adversarial system also provides no real incentives for It made a total of 150 recommendations for improvement.
opposing parties to strive for a quick resolution of a case, if
this is not in the best interests of both parties. This is most In Canada, the Systems of Civil Justice Task Force was
pronounced in civil and commercial cases. In most cases, formed in 1995. The Task Force Report was released in August
one party would normally benefit from the case dragging 1996. It contained 53 recommendations for reform.

20 • article
In Australia, the Australian Law Reform Commission review If the Malaysian Government is really serious about its
of the federal civil justice system commenced in November promise to effect wide ranging judicial reforms, it must first
1995. It released its report in August 1999. Most of the comprehensively ascertain and consider the views of all
Australian states have conducted their own extensive the parties involved and then work together with them to
review of their respective state civil justice system. The come up with a package of reforms that can practically
latest is the work of the Victoria Law Reform Commission lead to clear and tangible improvements in the civil justice
- the “Civil Justice Review Report” (see http://www. system.
lawreform.vic.gov.au). Released on 28 May 2008, the
Report is the product of 18 months work and contains a Increase the Number of Judges
comprehensive review of the Victorian civil justice system. One of the fundamental areas that warrant serious
It contains proposals designed to “reduce the time taken to consideration is the level of judicial resources in Malaysia.
resolve disputes, reduce costs and simplify the process of There are simply not enough judges and judicial officers to
civil litigation”. The Report is 758 pages long. handle the backlog of cases yet to be disposed off1 and the
increasing number of cases being filed every day. It was
It is time that Malaysia did the same. A commitment to reported in the New Straits Times on 1 September 2006
the improvement of the administration of the civil justice that Malaysia has 2.4 judges per million people, compared
system in this country would dictate that the Government of with the United Kingdom’s 50.09 and the USA’s 107. India
Malaysia must do so immediately. The Malaysian was reported as having 4 times the number of judges per
Government must undertake a comprehensive and capita2.
wide-ranging review of the entire civil justice system.
Bits and pieces of reform here and there will not be Although there are serious concerns about the
good enough. It will not remedy the many problems that productivity of Judges in Malaysia and their ability to deliver
presently befall the system. reasoned decisions efficiently and timeously, even Judges
who are disciplined and hard working and who want to

“The Malaysian Government must

And Malaysia is actually deliver detailed and
in a comparatively better considered judgments would
position to undertake such undertake a comprehensive and find it difficult to do so

wide-ranging review of the entire

a review, given the immense b e c aus e of the heav y
amount of material and data workload. We cannot have a
available from the reviews
undertaken in all the other
civil justice system.” situation where Judges want
to carefully consider matters
common law jurisdictions and the measures adopted before them but are forced to cut corners because of the
by them to improve the ef fec tiveness of the heavy scheduling and the pressure to dispose off pending
administration of justice. The evidence of the level of cases.
success of such reforms is also available. We can easily
identify and learn from what has been done in these other The Malaysian Government must recognise that the failure
countries. to address this fundamental problem of shortage of judges
could potentially render any other attempts or measures at
Wide and Extensive Consultation Must be Obtained judicial reform meaningless. The Government of Malaysia
A common and important feature of all reform initiatives in must allocate the funds necessary to increase the number
the jurisdictions mentioned above is a commitment to wide of judges and judicial officers in this country. If it is required,
and extensive consultation with all the various stakeholders there is also empirical evidence to suggest that there is
so as to obtain the views of the broadest possible actually a positive correlation between the number of
spectrum of society. This includes the views of judicial judges per capita and economic growth, i.e. that an
officers at every level of the court structure, the Bar, the increase in the number of judges actually has a positive
academic community, the consumer bodies and so forth. impact upon economic growth3.
The consultation process is crucial to developing a package
of judicial reforms that are workable. Improvement to Courtroom Infrastructure
Another area requiring reform relates to courtroom
The Malaysian Government must therefore consult all infrastructure. Members of the public, fed on a weekly
the actual stakeholders involved. Sadly, an extensive dose of courtroom drama on TV, normally receive
consultation process has never been a common feature somewhat of a shock when they appear for the first time
of the Malaysian Government. But it is time for change. in Malaysian courts and find Judges at all levels physically

1 In a written reply to Segambut MP Lim Lip Eng in Parliament on 8 May 2008, de facto Law Minister Datuk Zaid Ibrahim stated that the backlog
of cases in the High Court was 91,702 cases, with 125,944 in the Sessions Court and 777,703 in the Magistrate’s courts (The Sunday Star, 11
May 2008).
2 ‘Injudicious Numbers’, New Straits Times, 1 September 2006.
3 ‘Judges and Development’ by Raphael De Cornick, Global Law Working Paper 10/05, New York University School of Law.

21 • article
“Undertaking Comprehensive Judicial Reform”
[continued from page 21]

recording by hand the evidence of witnesses and promised a review of the Judiciary’s terms of service and
submissions of counsel in every case. The process of taking remuneration. He acknowledged that there was a pressing
evidence is painstaking and time consuming as judges and need to set salaries and compensation to the right levels to
judicial officers themselves have to write down what the ensure that the Bench can attract and retain the very best
witnesses say during trials and what lawyers submit during of the nation’s talent.
hearings. Court recording and transcription services could
instantly expedite the hearing of cases. It would also allow The point is simple. Judges and Judicial Officers do not get
judges the time to evaluate the demeanor of witnesses and paid salaries that are competitive or comparable with that
also to more carefully consider the legal arguments of the earned in private legal practice. A Magistrates’ basic salary
lawyers before them. would be RM1,989-00 a month. A High Court Judge takes
home a basic monthly salary of RM13,054-97. A Judge of
To its credit, the Judiciary did undertake a 3-month trial the Cour t of Appeal draws a basic salar y of
period this year whereby 3 different court recording and RM13,581-50 while a Federal Court Judge’s basic salary
transcription services were tested in selected courtrooms would be RM14,108-024.
in Kuala Lumpur. However, there has to date been no word
as to the selection and implementation of any particular A first year lawyer in private practice could be on a
system of court recording and transcription services and basic monthly salary somewhere between RM2,200-00 to
most of the selected courts have now reverted back to the RM3,000-00. This figure normally increases annually and a
traditional mode of taking evidence. 5th year lawyer could potentially earn somewhere between
RM4,500-00 to RM7,500-00 a month (excluding bonuses
“Given the glaring disparity in and other fringe benefits). A lawyer in a large or medium
sized law firm could become a partner as early as in his or
remuneration, the Judiciary would find it her 5th or 6th year in practice. A junior partner could be
increasingly difficult to retain its present earning any where bet ween RM7,0 0 0 - 0 0 to
workforce...” RM25,000-00 a month (excluding drawings and profit
sharing, which could be a substantial amount). A senior
Judicial Training and Development partner could potentially earn significantly much more.
It is also clear that significant resources need to be And they usually do.
channeled into judicial training and development, not just
for fresh judicial officers, but also to ensure existing judges Gi ven the glaring disparit y in remuneratio n, the
and judicial officers are kept abreast of developments in Judiciary would find it increasingly difficult to retain its
the law and in the real world. Just as lawyers require present workforce, let alone attract and retain fresh legal
continuing education and development, Judges also talent of high quality. The promised review of their
need to be in tune not only with the changing norms and remuneration packages has yet to materialise.
attitudes of the public and also the many different legal
and commercial concepts and issues that have developed Conclusion
and are being developed. I am certain many other lawyers and judges have other
points similarly valid drawn from their own experiences
Judges are tasked to bridge the gap between legal and which they believe with conviction could assist in
principles and their application to modern day situations. improving the state of the Judiciary and the administration
Judges are required to adapt and apply the law to cater of justice in Malaysia.
for and regulate modern day activities, thereby making
the law relevant and efficient in handling current disputes. I would hope this article has illustrated my point that
In certain circumstances, it may be that the law and legal the administration of justice in Malaysia is not a one
principles must change to adapt to the present day dimensional problem that can be easily resolved. I hope
environment and it is the Judges who must make this that this article clearly makes the point that all the
determination. Failure to understand modern, developing stakeholders and participants in the system must be
concepts and realities would mean that a Judge cannot consulted so that a wide-ranging, bold, innovative and
competently apply the relevant legal principles to the facts comprehensive package of judicial reforms - fair and
at hand. equitable to all Malaysians - can be put together to ensure
that we can proudly say that we managed to turn the tide
Remuneration of Judges and started, what the Regent of Perak His Royal Highness
The remuneration of judges and judicial officers must also Raja Nazrin Shah so aptly called, a Judicial Renaissance5.
be looked into. In his speech on 17 April 2008, the Prime
Minister of Malaysia, Datuk Seri Abdullah Ahmad Badawi, Brendan Navin Siva

4 Judges’ Remuneration (Amendment of First and Fifth Schedules) Regulations 2008. Information obtained from an article entitled ‘Are We Paying
Our Judges Enough ?’ by Roger Tan appearing in the New Sunday Times on 18 May 2008.
5 Address by DYMM Raja Nazrin Shah at the Conference of Malaysian Judges on 9 April 2008.

22 • article
LEGAL UPDATES
LEGAL UPDATES is meant to alert members of recent developments in the law in other
jurisdictions. It is not meant to be legal advice. Members are advised to read the cases
reported and form views or conclusions of their own.

In the recent High Court decision of Alexander John Shek that the Bahasa Malaysia version expressed the true
Kwok Bun v Rich Avenue Sdn Bhd & Anor [2008] 2 intention of Parliament. This factor was one of the grounds
MLJ 481, the Plaintiff entered into a Sale and Purchase upon which the Learned Judge based his finding that the
agreement with the Defendant in respect of a property in 1952 Act applied in this case.
Seremban whereby it was stipulated in Clause 21.1 of the
agreement that the definition of “vacant possession” did This decision stands in contrast to an earlier High Court
not include the connection of water and electricity supply decision in Majlis Ugama Islam dan Adat Resam
to the property. The High Court held that the said clause did Melayu Pahang v Far East Holdings Bhd & Anor [2007]
not make business sense, and that delivery of the property 10 CLJ 318 where an identical issue arose. Despite the
with all the usual amenities and a Certificate for Fitness of fact that the agreement containing the arbitration clause
Occupation (CFO) after full payment of the purchase price was signed 1992, the Learned Judge applied the English
was a fundamental term of the agreement. version of section 51(2) of the 2005 Act and held that the
2005 Act and its stay provisions applied as the arbitration
The Court went on to state that it had a constitutional duty, proceedings were commenced after the coming into force
on the basis of public policy, to ensure that the dominant of the 2005 Act.
person in a contract does not abuse his position against
a weaker party notwithstanding the absence of a Fair The foundations of company winding up procedure and
Trading Act as in the United Kingdom or a Trade Practices recovery practices were recently shaken by the recent
Act as in Australia. The Court then rewrote the onerous Federal Court decision in Savant-Asia Sdn Bhd v
terms of the contract and in so doing departed from the Sunway PMI-Pile Construction Sdn Bhd (26 September
usual conservative approach to construction of 2008, unreported) where it was held that once a petition
documents. However, this decision seems to be in line with for winding up is presented, the advertising of the petition
the 2007 amendments to the Housing and Development is a mandatory requirement even if the debt of the
(Control and Licensing) Act 1966 which were introduced petitioning creditor has been settled by the respondent
to protect the interests of house buyers’ and enhance their company. The Federal Court took the view that “the fact
rights. This decision is currently pending appeal and its that no winding-up order was ultimately made is of no
application may be confined, on its facts, to standard consequence, as s. 219 of the Act is not concerned whether
consumer contracts only. a winding-up order is eventually made or not, but seeks to
provides protection to unsecured creditors upon the date
Justice Ramly Ali J was faced with a peculiar situation in of presentation of the petition.”
the High Court decision of Putrajaya Holdings Sdn Bhd
v Digital Green Sdn Bhd [2008] 1 LNS 92 where the As winding up proceedings are a “class right” as opposed
intention of Parliament in relation to section 51(2) of the to a writ action, all unsecured creditors have an equal right
Arbitration Act 2005 was lost in translation. The Learned to execute their claims against a company in debt. On this
Judge had to consider whether to grant an order for a stay basis, the Court held that there is therefore the need for
of the Court proceedings pending arbitration where the it to be advertised to give notice to other creditors of the
arbitration agreement had been entered into prior to the petition.
coming into force of the 2005 Act. The question arose as to
whether the 1952 Act or the 2005 Act should apply when The Court went on to state that the law will ensure that
determining the stay application. Under the English version the assets or effects of the company will not be dissipated
of section 51(2) of the 2005 Act, it seemed clear that the to enrich one or more unsecured creditors at the expense
1952 Act would apply only where arbitration proceedings of the other unsecured creditors during the interim period
had commenced before the coming into force of the 2005 between the date of the presentation of the petition for
Act. However, one of the grounds that led the High Court winding up to the date when the order for winding up is
to apply the 1952 Act was the inconsistent Bahasa made.
Malaysia version of section 51(2) of the 2005 Act which
excluded the applicablity of the 2005 Act from applying Sukhjit Gill
where the arbitration agreement is made or the
arbitration proceedings were commenced before the
coming into operation of this Act. Justice Ramly Ali J found

23 • legal updates
BOOK REVIEW:
CRIMINAL LITIGATION PROCESS
Jagjit Singh reviews Bajlit Singh Sidhu’s new book ‘Criminal Litigation Process’.

Criminal Litigation Process is an excellent book by Baljit v) Procedure on the search of a person, set out in
Singh Sidhu who, despite his extremely busy criminal new Section 20A of the Criminal Procedure Code
practice, found time to contribute local legal literature on and insertion of a new schedule;
the aspect of Adjectival Law for Criminal Law
Practitioners. vi) Report on status of investigation, set out in the
new Section 107A and Section 120 of the Criminal
As a practice manual, the coverage is considerably wide Procedure Code ;
and it is written with clarity to make it easily
understandable for young lawyers venturing into the vii) Pre-trial discovery, set out in the new Section 51A
practice of criminal law. of the Criminal Procedure Code;

T here are all in all 16 chapter s viii) Meaning of prima facie in relation
co nt aining ap prox imate l y 70 0 to Section 173 and Section 180
pages. The book takes a criminal of the Criminal Procedure Code;
law yer through the his to ric al
background and classification of ix) The rights of the Accused after
criminal offences, and features the end of the Prosecution’s case
chapters such as the hierarchy and before the defence is called,
of Courts, the law pertaining to under Section 173 of the Criminal
arrest, search, police investigations, Procedure Code;
the powers of the Public Prosecutor,
Charges, and appeals and revisions. x) Whipping for male Offender of
An extremely commendable feature the age of 50 and above, and the
of the book is a chapter on Courts list of new exceptions in Section
for children. 289 (c) of the Criminal Procedure
Code;
Criminal Litigation Process therefore
is an excellent reference manual for xi) Community Service under
criminal law practitioners who desire Section 293 of the Criminal
to learn the do’s and don’ts of the Procedure Code; and
criminal litigation process.
xii) Rehabilitation and Counselling, new Section 295A.
Another good feature is that the book incorporates the
recent amendments to Criminal Procedure Code through The discussion on these amendments are a boon for
the Criminal Procedure Code Amendment Act 2006 and criminal law practitioners wanting to know the scope,
Criminal Procedure Code Amendment [Amendment] Act extent and effects of these amendments. In this regard,
2007, especially relating to the following areas:- the author’s lucid and simple style is reader-friendly and
must be appreciated.
i) Rights to Arrested Persons, under Section 28 and
Section 28A, and the changes to the remand Throughout the book, there are nuggets of practical advice
provisions set out in Section 117 of the Criminal and the author did not hesitate to enter into an academic
Procedure Code; discussion where necessary.

ii) Police Investigation powers, under Section 112 and One of the great merits of the book is that it encompasses,
Section 113 of the Criminal Procedure Code; within a reasonable span, virtually all questions that are
likely to crop up in the practice of criminal law.
iii) The lodging of the Police Report pursuant to
Section 107 of the Criminal Procedure Code; Baljit Singh Sidhu, an honest and dedicated lawyer, would
not pretend to anyone that his book, Criminal Litigation
iv) Failure to report certain offences under Section 13 Process, provides answers to all issues in criminal law,
of the Criminal Procedure Code; including the conflicting decisions of the Courts.

24 • book review
However, there is great merit in the book, in that it has improvements. If the author had adopted a more critical
kept pace with the recent changes in criminal procedure as approach, a greater insight into the operation of the
set out above. criminal justice system could have been gained.

I am confident Baljit Singh Sidhu will come out with Having thoroughly enjoyed reading Criminal Litigation
subsequent updates and publications to make the book a Process, I have no hesitation to recommend this book as
leading handbook for all criminal law practitioners. mandatory reading for anyone concerned with the law on
the criminal litigation process.
The ease of reading and the manageable length of the
text will no doubt make the book attractive to all legal Baljit Singh Sidhu’s book, Criminal Litigation Process, is in
practitioners, judicial officers, officers in the legal services, my view an excellent and painstaking effort which must
law students as well as to others who seek a general be a welcome addition to the legal literature in the area of
overview of criminal law. criminal law.

Like any other book, there is always room for Jagjit Singh
P.S
It is my simple privilege to add that for his dedicated and painstaking work Baljit Singh Sidhu was recently bestowed the Award of Dato by His
Excellency, the Government of Malacca.

CONGRATULATIONS.

BHARWANI ENTERPRISE
VISHU R BHARWANI
Former Director of KAJ CHOTIRMALL & Co KL

No. 2, Jalan Kasipillay, Suite 2-16-8 Menara KLH,

51200 Kuala Lumpur.

Tel : 03-74900167
HP : 019-2159184
Email : [email protected]

Specialises in Lawyers Robes, Syariah Robes,

Wing Collar Shirts, Round Collar Shirts, Bibs,
Studs for Wing Collars, Wing Collars

25 • book review
 Called to the Bar in Kuala Lumpur July - December 2008

We congratulate and welcome the following members to the Bar:

Mazhar Bin Abdul Malek Ahmad Saufi Bin Abdul Rahman Yong Siew Fong Kamalanathan a/l Vellaipoovan
Nor Fadilah Binti Muhamad Amin Hidayati Binti Shafie Foo Juk-Lin Sheela Devi a/p Palanisamy
Vimala a/p Suppiah Normaizan Binti Rahim Siah Hui Shan Mat Isa Bin Che Dir
Erma Wani Binti Ahmad Keflee Norfazlina Binti Rani @ Ramli Wong Poh Lim Mastura Binti Ruman
Lee Kuang Chaow Falacia Irene Pasang Chong Tze Lin Lim Sin Yee
Nurul Ezwaney Binti Husin Mohd Syukree Bin Ngaiman Siti Fatimah Binti Mohd Shahrom Siti Zurairah Binti Mudzrin
Zil’Aida Binti Zulkifli Adrian Wong Tung-Fa Mohd Asri Bin Abdul Ghaffar Teoh Zhuo-Wei
Gan Suk Peng Siti Masitah Binti Md Kassim Ravneet Kaur Gill Liaw Yean Peng
Jamilathul Rahimah Binti Namas Khan Ivy Kon Siaw Wei Vernon Jude Samuel Azlan Bin Zainal Abidin
Zuraida Binti Ali Lee Poh Ling Choo Yuen Cheng Albert Raja Xavier
Khairunnisa Binti Ibrahim Mohd Zubir Bin Embong Chia Leng Seen Chong Foong Yee
Aadela Melati Binti Ahmad Termizi Noris Farida Siala Binti Permin Ong Kay Jin Suzalena Binti Salleh
Wan Muna Amirah Binti Wan Abu Bakar Raja Salahuddin Bin Raja Sulong Bernard Tee Shyong Jiunn Ngan Yuet Ching
Nor Zuraini Binti Harun Lisa Khoo Gaik Ling Archana a/p Patrick Selvaraj Ngan Yuet Kim
Wan Mohd Farhan Bin Zainal Abidin Dharmesh Singh Penesar Sia Chong Han Shobitha a/p Ramadasan
Murni Suranti Binti Mohd Latip Lim Wai Tuck Sherliza Samantha Binti Asli Iylia Ihsan Bin Harith Gordon
Chan Yuit Fong Oon Wei Li Saritha Devi a/p Kirupalani Ahmad Fairuz Bin Zainol Abidin
Soo Siew Mei Cheng Mee Ching Khairun Nadia Binti Sumali Siti Hajar Binti Mohd Zaki
Siti Kharolina Binti Baharuddin Ngooi Wen Hui Woon Huei Chin Mohamed Firdaus Bin M Farouk
Liew Cheow Har Justin Wee Kim Fang Lim Bee Yi Azaratulhasna Binti Arifin
Siti Radziah Binti Kamarudin Elianoor Munning Khoo Leet Chien Syed Zulfhadlie Bin Syed Zin
Mohd Hezri Bin Shaharil Mohd Fahme Bin Hasnor Thien Shy Wei Chung Sim Yee
Khaizan Sharizad Binti Ab Razak Intan Syahida Binti Abu Samah Devina Jas Dulku Wan Fazrina Binti Wan Jaffar
Ho Sing Hock Chun Ming Li Mohamad Hanafi Bin Jantan Boo Yang Huay
Norasliza Binti Adnan Hew Sheau Ying Nur Haliza Binti Mohd Ali Tisya Binti Yunus
Hoe Mei Lai Wong Siow Lee Sujaihah Binti Abd Ghafar Imran Bin Halip
Bibi Waheeda Binti Arman Khan Chan Xiao Huey Lew Chah Yee Chin Siew Mee
Chen Tek Lee Janice Sim Kar Chan Nor Aiza Binti Abu Hassan Toi Tee Toen
Ng Ruixian Tan Pak Theen Jade Yap Wei-Li Lee Tat Yew
Nyomek Anak Nyeap Tee Yee Wan Toh Chern Yen Nur Hasnifarina Ahmad Fauzi
Siti Noryani Binti Samsuddin Tan Li Jie Chee Shuk Tzu Norasidi Bin Nadziruddin
Mohd Radziq Bin Jalaludin Fhansyurna Shalha Binti Othman Chan Chung Suen Stephanie Abdullah Khubayb Awaluddin
Petrina Tan Tjin Yi Nagaletchimy a/p V Maniam Azliza Binti Abdul Majid @ Abdul Nazil Nur Hanisah Binti Musa
Lee Tin Harn A Thanushia Munirah Binti Aminuddin Sufiah Binti Mansurdin
Mohd Hadi Ar Rais Bin Muhamad Sharin Kaur a/p Kaher Atma Singh Afendi Bin Dahlan Steven Nyu Chin Eu @ Steven Yeo Chin Eu
Norhafiza Binti Ismail Victoria Loi Tien Fen Lim Hern Gene Mohd Zamil Ashraf Bin Abdul Manan
Law Hieng Lee Sara Keshini Anthony Sek Huai Theng Cindy Natalia Binti Kamarudin
Edynoor Hiefnee Bin Razali Joseph Hoh Weng Seng Nor Harliza Binti Baharom Yap Ling-Ern
Khairun Nisa Binti Ahmad Teh Hooi Woon Hong Ling Shan Nur Hidayah Binti Abd Mutalib
Fadzilla Binti Ismail Cynthia Junavence Wilson Tan Siao Hui Nuzul Iswani Binti Mawardy
Nuramarina Binti Zolkapli Yeong Zihao Chuah Seong Eng Christina Sharmila Chelliah a/p Jason
Ganesan a/l Nethiganantrajah Sumarni Binti A Rahman Kok Wen Ying Musfirah Binti Mohamad Tahir
Noor Jumaatun Binti Saaban Ibrahim Bin Hashim Shirley Seet Mohd Jamizal Bin Zainol
Siti Balkis Binti Dalalil Mohd Syahril Bin Daud Wong Mei Ying Sharon Wong Say Lian
Mohamed Fadzil Bin Abdul Manan Jeffrey Wong Poah Tcheng Siew Ee Mei Nurbaini Binti Alfian
Devi a/p Munusamy Seow Siew Ting Lee Tong Chai Mohd Izan Helmi Bin Mohamed Aslar
Azura Hanim Binti Ahmad Suhaime Foo Siew June Ng Kwan Siang Alexavier Lee Heng Seng
Mohd Izlan Bin Zolhaidi Patricia Ng Ee Laine Chong Ian Shin Cheng Ee Lynn
Hafiza Binti Johari Veronica a/p Steeven Nurul Akmal Binti Suhaili Chen Siong Piau
Wan Anwar Bin Wan Ibrahim Chin Quant Lynn Anita Kaur Gerewal Melody Khor Seek Win
Tanya Marie Lopez Maisarah Binti Juhari Moo Eng Thing Sharifah Dalilah Albar Binti Syed Zaid
Joyce Lai Siaw Sueng Umi Fadhilah Binti Hamzah Ting Tze Fui Aza Fyreen Binti Abdul Aziz
Siti Norliza Binti Mohamed Sanny Roger Bin Stimin Irene Wong Ling Chiong Gayathri Priya a/p Visayaragawan
Mahfuzah Binti Jamil Mahirah Binti A Manap Sardjini Devi a/p R Kaniappen Zaza Zarith Binti Mukhtar
Farida Binti Mohammad Abigail Lai Chai Ye Noor Fazlina Binti Abdul Rauf Azmahanim Binti Azman Shah
Intan Farida Binti Adnan Chan Cher Yeen Wong Tsin Yue Sophia Binti Amir Hamzah
Wan Teh Fatimah Binti Wan Ismail Tan Tzai Mun Mohd Shamril Afzan Bin Mohamed Hasim Nor Kamilah Binti Shahidan
Karnan a/l Rajanthiran Lam Jia Chuen Kho Hui Khiang Shehan Binti Ismail
Mawaddah Binti Halim Avinash Vinayak Pradhan Valerie Tang Yi-Mun Teoh Choon Hui
Reen Rawaida Binti Zuhdi Lim Chu Ai Malini Madiyazhagan Adriene Tan Hong Kwun
Asrinawati Binti Ahmad Radzi Samuel Loh Khian Seah Lim Siaw Wan John Stanley Isaacs
Idris Bin Seydalavi Razif Bin Toha Gayathri Das a/p Saraschandran Muhamad Mustaqim Bin Mustaffa
Mohd Aliffadhli Bin Zakaria Mohd Firdaus Bin Mohd Arif Dazz @ Devadas a/l R K Narayanan Raja Mohd Hafiz Bin Raja Nasharuddin
Prithviraj Singh Sachdev Sutina Binti Labu Farah Shuhadah Binti Razali Darmain a/l Vijaya Segaran
Vun Shu Tong @ Christopher Lai Jin Shawn Lee Michelle Choong Fui-Yu
Loh Wen Ni Wong Wan Theng Joanna Felicia Read Enna Nadra Binti Yacob
Irene Wong Sook Lin Emilia Van Buerle Wiwin Bt Abdul Kahar Nor Emelia Binti Mohd Iszeham
Justin Leong Chee C’Jun Yap Vern Chieh Gary Ngim Chun Han @ Ngim Chin Han Chen Boon Hong
Yow Kian Hooi Caryn Wong Wai Sin Ng Chiat Yang Law Chia Hui
Dinesh A Sadhwani a/l Ashok Kong Tze Bing Siau Chui Bing Nor Rifhan Raimi Binti Rozi
Mar Wai Fong Alex Anton Netto Deva Kunjari a/p Ramasamy Menon Yohan Thomas Zachariah Arrangatt
Lee Weng Shinh Juvita Bin Jumpil You Choon Siong Allen Choong Kean Hin
Sharulbariah Bt Aziz @ Nurshamila Bt Aziz Lola Marissa Binti Maijon Noraswani Binti Mohamed Hashim Amira Binti Mohamed Razali
Kee Pei Kim Tang Kam Fei Norshakinah Binti Ahmad Kamarudin Shila Mookerji
Tay Hock Ang Tan Chee Kian Raymond Charles a/l David Nor Afrah Binti Mohd Alib
Bu Chun Pok Fong Yii Mee Nadia Aimi Binti Ab Wahab Lim See Chew
Tan Sheau Juan Emiliana Lau Siew Yien Lee Kok Phong Janet Phan Pui Li
Tan Ean Ean Yong Ker Ting Leong Chun Lim Nur Rohaila Binti Alias
Ter Peh Lam Emelyn a/p Alexander Jenny Low Sue Ling Mohamad Fauzi Bin Abdul Samad
Shah Rizal Bin Abdul Manan Gunalan a/l Paranjothi Rijalul Fauzi Bin Mustapa Rosdiliyana Binti Roslan
Chong Tze Ying Ahmad Hazrin Bin Abdul Rahman Norsalihah Binti Sulaiman Mohd Azlan Shah Bin Mohd Mokhtar
Yusob Bin Md Tasir Tiong Hou Tseng Nurulhuda Binti Mansor Mohd Isa Bin Md Nor
Rubachandran a/l Govindasamy Ng See Koon Allister Brendan Tan Yu Kuan Nur Aqilah Binti Mohd Isa
Lim Chi Chau Lionel Koe Whey Han Raja Nadia Sabrina Sachpal Singh a/l Sigwind Singh
Yogeswaran a/l Bala Krishnan Denise Tan Kae Ji Nadia Marni Binti Mat Zin Nor Azilah Binti Mat
Jesrina Kaur Grewal Soo Yin Jia Muizz Bin Azli Nur Zakiyah Binti Shamsudin
Sharon Vincent Lee Shin Jie Mansoor Bin Saat Lam Wai Kwan
Lim Tze-Mei Wong Zhu Joyce Razman Bin Abdul Rahim Lian Chen Huei
Jananee Priya a/p Gopal Wong Jia Yih Tio Shio Pin Ling Chi Hoong
Lee Li Hoong Hor Shirley Lester Chin Foh Syn Azrina Binti Abd Rahman
Lee Kher Huan Muhammad Bukhori Bin Alias Sae Juan Ling

26 • admission
 Activities of KL Bar
KL Bar Annual Dinner & Dance 29.11.2008

PDC Seminar

Pupils Seminar on 30.07.2008 Pupils Seminar on 30.07.2008 Pupils Seminar 23.9.2008 PDC Pupils Seminar on Wills, Probate &
Bankruptcy Proceedings and Bankruptcy Proceedings and Seminar on Human Rights Law & The Administration of Estates on
Introduction to S.218 Winding Up Introduction to S.218 Winding Up Advocacy on 23.09.2008 19.11.2008
Petition. Petition.

PDC Seminar on Industrial Law PDC Seminar on Asset Backed Seminar on Tribunal for House Seminar on Joint venture
- Collective Agreement on Security on 19.08.2008 Buyer Claims - What you need to know as a
24.07.2008 - Jurisdiction Procedure and Award Practitioner on 24.10.2008
Enforcement on 25.11.2008

ITC Forum

Seminar on Medical Law Consent & Seminar on Issues Pertaining to Seminar on Which Arbitration ITC Forum on Identity Theft on
Confidentiality on 10.09.2008 Divorce in Syariah courts in Institute & Place of Arbitration on 20.11.2008
Malaysia on 11092008 31.10.2008

27 • activities