The Role of Bar Associations in Promoting Justice and Human Rights

Christopher Leong
President
Malaysian Bar
NO FEAR . NO FAVOUR

The Role of Bar Associations in Society
Does the constitution or statutory
provision define the role of the Bar, or
does the role of the Bar determine its
constitution or statutory provision?

UN Basic Principles on the Role of Lawyers
United Nations Congress on the Prevention of Crime and the
Treatment of Offenders
(September 1990)
International Instruments
Universal Declaration of the Independence of
Justice
Montreal Declaration (1983)

General Functions of Bar Associations
Regulatory Role for the Profession
Disciplinary Role
Membership Interest & Welfare
Public Interest Role
Form Affiliations or Collaborations with
Other Organisations

Whereas adequate protection of the human rights and
fundamental freedoms to which all persons are entitled, be they
economic, social and cultural, or civil and political, requires that
all persons have effective access to legal services provided by an
independent legal profession
Whereas professional associations of lawyers have a vital role to
play in upholding professional standards and ethics, protecting
their members from persecution and improper restrictions and
infringements, providing legal services to all in need of them, and
cooperating with governmental and other institutions in
furthering the ends of justice and public interest

4. Governments and professional associations of lawyers shall promote
programmes to inform the public about their rights and duties under the law
and the important role of lawyers in protecting their fundamental freedoms.
Special attention should be given to assisting the poor and other disadvantaged
persons so as to enable them to assert their rights and where necessary call
upon the assistance of lawyers.
9. Governments, professional associations of lawyers and educational
institutions shall ensure that lawyers have appropriate education and training
and be made aware of the ideals and ethical duties of the lawyer and of human
rights and fundamental freedoms recognized by national and international law.
14. Lawyers, in protecting the rights of their clients and in promoting the cause
of justice, shall seek to uphold human rights and fundamental freedoms
recognized by national and international law and shall at all times act freely
and diligently in accordance with the law and recognized standards and ethics
of the legal profession.

23. Lawyers like other citizens are entitled to freedom of expression, belief,
association and assembly. In particular, they shall have the right to take part in
public discussion of matters concerning the law, the administration of justice
and the promotion and protection of human rights and to join or form local,
national or international organizations and attend their meetings, without
suffering professional restrictions by reason of their lawful action or their
membership in a lawful organization. In exercising these rights, lawyers shall
always conduct themselves in accordance with the law and the recognized
standards and ethics of the legal profession.
24. Lawyers shall be entitled to form and join self‐governing professional
associations to represent their interests, promote their continuing education
and training and protect their professional integrity. The executive body of the
professional associations shall be elected by its members and shall exercise its
functions without external interference.

Universal Declaration of the Independence of Justice
(Montreal Declaration)
General Principles
3.02
The legal profession is one of the institutions referred to in the
preamble to this declaration. Its independence constitutes an
essential guarantee for the promotion and protection of human
rights.

Legal Education and Entry into the Legal Profession
3.20
Lawyers shall enjoy freedom of belief, expression, association and assembly; and in
particular they shall have the right to:
a) take part in public discussion of matters concerning the law and the administration
of justice
b) join or form local, national and international organizations
c) promote and recommend well-considered law reforms in the public interest and
inform the public about such matters, and
d) take full and active part in the political, social and cultural life of their country.
Legal Services for the Poor
3.22
It is a necessary corollary of the concept of an independent bar, that its members shall
make their services available to all sectors of society, so that no one may be denied
justice, and shall promote the cause of justice by protecting the human rights, economic,
social and cultural, as well as civil and political, of individuals and groups.

The Bar Association
3.25
There shall be established in each jurisdiction one or more independent and
self-governing associations of lawyers recognized in law, whose council or other
executive body shall be freely elected by all the members without interference
of any kind by any other body or person. This shall be without prejudice to
their right to form or join, in addition, other professional associations of
lawyers and jurists.

Function of the Bar Association
3.27
The functions of a Bar Association in ensuring the independence of the legal
profession shall be inter alia:
a) to promote and uphold the cause of justice, without fear or favour;
b) to maintain the honour, dignity, integrity, competence, ethics, standards of
conduct and discipline of the profession;
c) to defend the role of lawyers in society and preserve the independence of
the profession;
d) to protect and defend the dignity and independence of the judiciary;
e) to promote the free and equal access of the public to the system of justice,
including the provision of legal aid and advice;
f) to promote the right of everyone to a fair and public hearing before a
competent, independent and impartial tribunal, and in accordance with proper
procedures in all matters;

Function of the Bar Association
g) to promote and support law reform, and to comment upon and promote
public discussion on the substance, interpretation and application of existing
and proposed legislation;
h) to promote a high standard of legal education as a prerequisite for entry into
the profession;
i) to ensure that there is free access to the profession for all persons having the
requisite professional competence and good character, without discrimination
of any kind, and to give assistance to new entrants into the profession;
j) to promote the welfare of members of the profession and render assistance
to a member of his family in appropriate cases;
k) to affiliate with, and participate in, the activities of international
organizations of lawyers.

Common Thread on Role of Lawyers and Bar
Associations in Society
 Promoting and protecting human rights and fundamental freedoms
 Upholding cause of justice
 Defending independence of the judiciary and the Bar
 Providing legal aid and services to the poor
 To examine and comment on legislation
 To promote and support law reform
 Collaboration with other persons and organisations

Absit Invidia (INSAF, October 1969)
…the Legal Profession, it has an inherent duty to comment impartially on
matters of public importance and interest, especially on those executive
actions and decisions which invade and infringe the individual and collective
rights of the citizen. The Legal Profession’s traditional role has been and still is,
to uphold and preserve the Rule of Law and in discharging this central function
without fear or favour it has come to be regarded as the sentinel and guardian
of the fundamental rights of the individual.
The declaration of emergency and its continuation has brought with it a
plethora of “essential regulations and orders” promulgated in a manner
contrary to the spirit of the Federal Constitution and possibly, violative of the
fundamental rights as guaranteed by the Constitution. “Grave dangers are
present in the current procedures for law making”. The Bar Council would have
failed in its intellectual and moral duty if it did not inform the general public of
the constitutional and legal issues involved.

Why do lawyers and Bar associations
have these roles in society?
1. The role of the rule of law & law in society and government
2. Special training and abilities of lawyers in law
3. Lawyers are integral to and equal partners in administration of justice
4. Public trust and expectations

Speech by Lord Steyn (13th October 1998)
“It is to the judiciary that the citizen must look for protection from abuses
by the Executive and for a vindication of his right against the state. But
without an independent Bar, and the jury system, the Judiciary would be
unequal in its task. Together the Bar, the Judiciary and the Jury is a
guarantee of the quality of our democracy. For my part I regard a highly
qualified, independent and courageous Bar as of central importance in our
system.”

The Indian Supreme Court in Gupta v President of India AIR 1982 SC 149
“The profession of lawyers is an essential and integral part of the judicial
system and lawyers may figuratively be described as priests in the temple
of justice……They have, therefore, a special interest in preserving the
integrity and independence of the judicial system and if the integrity of
independence of the judiciary is threatened by any act of the state or any
public authority, they would naturally be concerned about it, because they
are equal partners with the judges in the administration of justice.”

The SUN article “Without Fear or Favour”
(24th October 1996)
Public Survey on the Role of the Bar YES NO
Do you know what the Bar Council
is?
57% 43%
Do you think Malaysian lawyers
have fought for justice?
41% 59%
Should lawyers comment on
government policies?
82% 12%
Should lawyers be controlled by the
government?
28% 72%
NO FEAR . NO FAVOUR

CHAIRMEN:
REPRESENTATIVES:
Malaysian Bar & Bar Council
MEMBERS:
BC MEMBERS:
MEMBERS:
2
12
12
38
12
15,191
4,800
Bar Membership
Firms
@02.08.2013
Manage affairs and execute
functions of Malaysian Bar
elected throughout Peninsular
Malaysia (via national ballots)
of State Bar Committees
elected to represent
State Bar Committee
Immediate Past President and VP
The Malaysian Bar is a creature of statute:
Legal Profession Act 1976

LEGAL PROFESSION ACT 1976
Objects of the Bar: Public Role (1/2)
s42
(1) The purpose of the Malaysian Bar shall be –
(a) to uphold the cause of justice without regard to its own interests or
that of its members, uninfluenced by fear or favour;
(d) where requested to do so, to express its view on matters affecting
legislation and the administration and practice of the law in
Malaysia;
(g) to protect and assist the public in all matters touching ancillary or
incidental to the law
(h) to make provision for or assist in the promotion of a scheme whereby
impecunious persons may be represented by advocates and
solicitors;

LEGAL PROFESSION ACT 1976
Objects of the Bar: Public Role (2/2)
s42
(1) The purpose of the Malaysian Bar shall be –
(j) to grant pecuniary or other assistance to any association, institute,
board or society in Malaysia in the interest of the legal profession or
of the law students;
(l) to promote good relations and social intercourse amongst members
and between members and other persons concerned in the
administration of law and justice in Malaysia;
(m) to encourage, establish and maintain good relations with professional
bodies of the legal profession in other countries and to participate in
the activities of any local or international association and become a
member thereof;

The Malaysian Federal Court in Lee Kwan Woh v Public Prosecutor [2009]
5 MLJ 301
“In the second place, the Constitution is a document sui generis governed
by interpretive principles of its own. In the forefront of these is the
principle that its provisions should be interpreted generously and
liberally. On no account should a literal construction be played on its
language, particularly upon those provisions that guarantee to individuals
the protection of fundamental rights. In our view, it is the duty of a court
to adopt a prismatic approach when interpreting the fundamental rights
guaranteed under Part II of the Constitution. When light passes through a
prism it reveals its constituent colours. In the same way, the prismatic
interpretive approach will reveal to the court the rights submerged in the
concepts employed by the several provisions under Part II. Indeed the
prismatic interpretation of the Constitution gives life to abstract concepts
such as ‘life’ and ‘personal liberty’ in art 5(1).”

Public Role of the Bar
The Malaysian Bar has for decades been at the
forefront of defending the rule of law, the
independence of the judiciary and the legal
profession, the Federal Constitution,
fundamental liberties, promoting law reform
and legal aid for the poor

Committees of the Bar Council
Public Role of the Bar
Public Interest
Human Rights Committee
Constitutional Law Committee
National Legal Aid Committee
Migrants, Refugees & Immigration Affairs Committee
Committee on Orang Asli Rights
Environment & Climate Change Committee
Task Force on Corruption
Safer Malaysia Committee
Committee on Judicial Matters
Criminal Law Committee

Public Interest Role & Activities
Rule of Law & Human Rights
Fact-Finding / Royal Commissions
Collaboration
Access to Justice
Law Reform

1976 1977 1978 1979 1984 1985 1990 19951980 1981 1982 1983
1976
S42(1)(h)LPA
to make provision for or to
assist in the promotion of a
scheme whereby
impecunious persons may
be representedby
adviocates and solicitors
1982
A group of lawyers in KL
set up legal aid office in
a small roomin the
Industrial Court (free
rental) with a RM34,000
grant fromthe Asia
Foundation
1995
Malaysian Bar passed a
resolution requiring
every practicing lawyer
to take up at least one
legal aid case peryear
1980-1982
A group of lawyers,
paralegals and university
lecturers formed the
Penang Legal Advisory
Centre
Operating out of a
community library and
coffee-shop
First office was a
dilapidated wooden shack
by the main road
History of Legal Aid in Malaysia
1978-1980
Electronic industry in Penang
attracted influx of workers from
rural areas of Penang and Kedah
No workers union and workers
related problems to social
workers and villagechiefs
Social workers appealedto
Penang lawyers for assistance
1983
Legal Aid Scheme
born
Pupil / Chambering
students have to fulfil
at least 14 days
'service' at Legal Aid
Cantre during
pupillage tenure
Access to Justice – Legal Aid

Justice: Through Law
The Malaysian Bar
Legal Aid
Access to Justice

Access to Justice
2007:
18,894
2008:
26,527
2009:
27,318
2010:
21,572
2011:
24,562
2012:
21, 381
No of cases handled:
15 BCLACs in Peninsular Malaysia
Annual Budget: RM1.3 million
No. of Volunteer Lawyers: 1,300
Cases Handled (2007 – 2012): 140,254

Justice: Through Law
BC proposed to the Government of Malaysia to set up NLAF
National Legal Aid Foundation (NLAF)
2009
Proposal revisited in January2010
NLAF launched by PM on 25 February 20112011
78,106 cases handledApr 2012 – April 2013
Out of 108,000 criminal cases heard in Magistrate Courts in
Malaysia, 80% of the defendants were unrepresented
2008

2011Launched by PM of Malaysia (25 Feb 2011)
registered YBGK lawyers @ July 2013
896
National Legal Aid Foundation
Board of Directors:
Attorney General (Tan Sri Abdul Gani Patail) - Chairman
Bar Council President (Christopher Leong)
Secretary General of Treasury (Dato’ Dr Mohd Irwan Serigar Abdullah)
Director General of Legal Affairs Division (Dato' Haji Ismail b Ibrahim)
Director General of Social Welfare Department (Dato’ Norani bt M Hashim)
Director General of Legal Aid Department (Siti Zawahir bt Mohammed)
President of the Sabah Law Association (Datuk G.B.B Nandy @ Gaanesh)
President of the Sarawak Advocates Association (Khairil Azmi Hj Mohamad Hasbie)
President of Syarie Lawyers Association (Musa bin Awang)
Dean of the Faculty of Law in Public Learning Institution (Prof. Dr. Aishah Bidin)
Representatives from the NGOs appointed by the Minister

Community Legal Aid & Committee on Orang Asli Rights (COAR)
Legal Aid & Orang Asli Committees
First Legal Aid Centre for Orang Asli in Tapah
(21st July 1996)
COAR Visit to Kg Pantos, Kuala Lipis, Pahang
(2012)

Bar Council COAR Activities
Committee on Orang Asli Rights (COAR)
COAR Visit to Kuala Koh, Kelantan
(16th November 2011)

Bar Council COAR Activities
Committee on Orang Asli Rights (COAR)
Seminar on The Struggles of the Orang Asli &
Other Minorities in Malaysia in conjunction
with Human Rights Day (December 2012)
World Indigenous Day Celebrations at Bar Council
(2012)

1998 The Anwar Ibrahim Reformasi Trials
EGM Resolution: 10th Oct 1998
The Bar unanimously condemned the ISA characterizing detention without trial as
“obnoxious” and an assault upon “fundamental human rights, basic democratic
principles and the rule of law.”
Mass trials of 177 and 132 defendants, fixed for 3 months on the trot, volunteer
lawyers of whom 95% were civil lawyers, 2 days crash course on criminal trials
and voir dire. Obtained 99% acquittals – 4 out of 309 convicted.
NO FEAR . NO FAVOUR

The 1998 Reformasi Trials
1999 AGM: Zainur Zakaria Contempt
S42 (1) (a) to uphold the cause of justice without regard to
its own interests or that of its members, uninfluenced by
fear or favour
Rule 16 Legal Profession (Practice and Etiquette) Rules
1978…”an advocate and solicitor shall while acting with all
due courtesy to the tribunal before which he is appearing,
fearlessly uphold the interest of his client, the interest of
justice and dignity of the profession without regard to any
unpleasant consequences either to himself or to any other
person.”
The Bar vigorously defended senior counsel and former
President of the Bar, castigating the court and government
for “misuse of contempt powers” to silence lawyers for
simply doing their professional advocacy duty fearlessly
and in accordance with both their statutory obligations
under the LPA and international norms.
Zainur Zakaria’s conviction for contempt of Court and
sentence of 3 months’ imprisonment was quashed by the
Federal Court on 27th June 2001.
NO FEAR . NO FAVOUR

Law Reform
Repealed / Amended in 2012
Internal Security Act 1960
Restricted Residence Act 1933
Banishment Act 1959
S27 Police Act 1967
Printing Presses and Publications Act 1984
Sedition Act 1948 (to be repealed & replaced by National Harmony Act)
Peaceful Assembly Act 2012 – collaborated and protested
Judicial Appointment Commission Act 2009

Law Reform
Coroner’s Court
Companies Bill
LGBT
Law Reform Commission
Repeal of Mandatory Death Penalty
Amendments to the Indigenous People’s Act

Law Reform
7 UN Conventions Not Ratified
The International Covenant on Economic, Social & Cultural Rights (ICESCR)
The International Covenant on Civil and Political Rights (ICCPR)
The Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT)
The International Convention on the Protection of the Rights of all Migrant
Workers and Members of their Families (MWC)
The United Convention Relating to the Status of Refugees 1951
The United Nations Convention on the Elimination of all Forms of Racial
Discrimination (CERD)
Rome Statute
Universal Periodic Review - Switzerland

Public Interest Hearings:
Royal Commissions of Inquiry
Royal Commission to Enhance the Operation &
Management of the Royal Malaysia Police (May 2005)
Composition of the Panel
Tun Mohamed Dzaiddin bin Hj Abdullah – Chairman
Tun Mohammed Haniff bin Omar Datuk Dr. Muhammad Rais bin Abdul Karim
Tun Mohd Salleh bin Abas Datuk A. Kadir bin Jasin
Tan Sri Dato’ Seri Azizan bin Zainul Abidin
(passed away on 14 July 2004)
Dato’ Dr Michael Yeoh Onn Kheng
Tan Sri Dato’ Lim Ah Lek Dato’ Kamilia bt Dato’ Ibrahim
Tan Sri Dato’ Lee Lam Thye Dato’ Hj Kuthubul Zaman bin Bukhari
Tan Sri Datuk Zaki bin Tun Azmi Dr Denison Jayasooria
Datin Paduka Zaleha bt Zahari Ivy N. Josiah
Tunku Abdul Aziz bin Tunku Ibrahim Dato’ Hamzah bin Md Raus (Secretary)
RCI was constituted by the Yang DiPertuan Agong on 04 February 2004
Report published on May 2005

Commission of Enquiry of the Video Clip Recording of Images of a
Person Purported to be an Advocate & Solicitor speaking on the
Telephone on matters Regarding the Appointment of Judges
(May 2008)
RCI was constituted by the Yang DiPertuan Agong on 12 December 2007
Report published on May 2008
Composition of the Panel Counsel for Malaysian Bar
Tan Sri Dato’ Seri Haidar bin Mohamed Noor – Chairman
Tan Sri Datuk Amar Steve Shim Lip Kiong Robert Lazar
Dato’ Nmahadev Shankar Dato’ Yeoh Yang Poh
Datuk Zainun Zawiyah bt Puteh Ranjit Singh
Prof. Emeritus Dato’ Dr Khoo Kay Kim Christopher Leong
Dato’ Abdullah Sani bin Ad Hamid Razlan Hadri

Royal Commission of Enquiry into the Death of
Teoh Beng Hock (22 June 2011)
Composition of the Panel Counsel for Malaysian Bar
Tan Sri James Foong Cheng Yuen (FC Judge) – Chairman Christopher Leong
Datuk Abdul Kadir Sulaiman (former FC Judge) Nahendran Navaratnam
Datuk Selventhiranathan Thiagarajah (former CA Judge) S Sivaneindiren
Datuk Dr Bhupinder Singh (Senior Consultant
Pathologist – Penang Hospital)
Cheow Wee
Dr Mohamed Hatta Shaharom (Dean, Medical Faculty –
Cyberjaya University College of Medical Science)
Robert Low
Datuk Saripuddin Kasim (DG, Legal Affairs Div – PM’s
Department)
Edmund Bon
BC produced written submission titled: Royal Commission on Enquiry into the Death
of Teoh Beng Hock – 25 May 2011
Royal Commission Report published on 22 June 2011

Malaysian Bar
NO FEAR . NO FAVOUR

1981 The Society Act 1966 (Amendment 1981) Protests
NO FEAR . NO FAVOUR

The Lingam Tape & Walk for Justice 2007

Peaceful Assembly Act 2012 &
Walk for Freedom 2011

"History is full of civil disobedience and events, which have led to
changes for the better in the country... Processions or assemblies
in motion are very much deep in the history of Malaysia ... which
is why we urge the government — do not, with the stroke of the
pen, strike back against the very foundation of this nation,"
- Lim Chee Wee, Immediate Past-President, Malaysian Bar
Peaceful Assembly Act 2012 &
Walk for Freedom 2011

BERSIH 3.0 Rally (28.04.2012): BC Monitors

Rule of Law 508 Rally (08.05.2013)
Observation by Malaysian Bar Monitors

Rule of Law
“The only thing necessary for the triumph
of evil is for good men to do nothing.”
Edmund Burke

Rule of Law
“We are walking for justice……Lawyers
don’t walk everyday, they don’t walk every
month or every year. This is the third time
lawyers are walking. When lawyers walk
something is wrong. When lawyers walk it
means that we would like to see change.”
Ambiga Sreenevasan, Walk for Justice,
2007

Malaysian Legal Practice
Does the constitution or statutory provision
define the role of the Bar, or does the role of
the Bar determine the constitution or
statutory provision?
- Professional self-determination

08th Feb 1958
 Protested and condemned preliminary inquiry in camera
 Undesirable that anything savouring of “secret courts” or
“secret proceedings” should exist
 Practice was immediately discontinued
26th Oct 1958
 Protested against Public Order (Preservation) Bill
 Gist of protest being extensive powers given even to junior
police officers
 The Bill was nevertheless passed but BC reserving the right to
write to the draughtsman on possible abuses
22nd July 1965
 EGM to protest against Court of Judicature (Amendment) Bill
to limit the rights of appeal to the Privy Council
 Bill never got through Second Reading
 Matter resurrected in 1968 and the Bar again protested
 Bill again was withdrawn
 Abolishment of right to appeal to PC was eventually done in
stages: 1975, 1978 and 1985
NO FEAR . NO FAVOUR

Emergency Ordinance 1969
 The Bar published a masterfully written commentary entitled “The
Constitution, Parliamentary Democracy and The Emergency” by Past President
of the Bar, Raja Aziz Addruse, in it’s July 1969 Edition of INSAF (a Bar Council
periodical)
 The Bar subsequently received visits and questioning by police from the
Special Branch Unit pertaining to the article and protest and criticisms by the
government
NO FEAR . NO FAVOUR

1975 The Essential (Security Cases) Regulations 1975 (ESCAR) Protests
EGM Resolution: 18th Oct 1977
“…all members of the Bar of the States of Malaya be advised not to appear in
trials under the Essential (Security Cases) (Amendment) Regulations 1975
whether retained or assigned from henceforth as these Regulations are
repressive and against the rule of law – provided that those who have been
retained prior to 19th October 1977 may either discharge themselves or refund
any fees collected or complete their brief.”
NO FEAR . NO FAVOUR

INSAF Editorial – Raja Aziz Addruse, October 1969
…the Legal Profession, it has an inherent duty to comment impartially on
matters of public importance and interest, especially on those executive
actions and decisions which invade and infringe the individual and collective
rights of the citizen. The Legal Profession’s traditional role has been and still is,
to uphold and preserve the Rule of Law and in discharging this central function
without fear or favour it has come to be regarded as the sentinel and guardian
of the fundamental rights of the individual.
The declaration of emergency and its continuation has brought with it a
plethora of “essential regulations and orders” promulgated in a manner
contrary to the spirit of the Federal Constitution and possibly, violative of the
fundamental rights as guaranteed by the Constitution. “Grave dangers are
present in the current procedures for law making”. The Bar Council would have
failed in its intellectual and moral duty if it did not inform the general public of
the constitutional and legal issues involved.

1988 Judicial Crisis
Tan Sri Wan
Hamzah
Dato’ George
Seah
Tan Sri Azmi Hj
Kamaruddin
Tan Sri Eusoffe
Abdoolcader
Tan Sri Wan
Suleiman
NO FEAR . NO FAVOUR

The Manjeet Singh Contempt Case re: Judicial Crisis
31st May 1989
 AG granted leave by Supreme Court for committal proceedings against
Secretary of the Bar, Manjeet Singh Dhillon for contempt in relation to an
affidavit he had filed on behalf of the Bar in support of the Bar’s application
for leave to apply for an order of contempt against the Lord President, Tun
Abdul Hamid Omar
 The Council’s Secretary was represented by Raja Aziz Addruse, GTS Sidhu, CV
Das, Jagjit Singh and Daryl Goon
05th November 1990
 Manjeet Singh Dhillon (in his capacity as Secretary of the Bar) was found guilty
of contempt by a majority in the Supreme Court (Dato’ Mohamed Yusoff bin
Mohamed and Dato’ Gunn Chit Tuan SCJJ; Tan Sri Dato’ Harun Hashim SCJ
dissenting) and fined RM5,000 in default 3 months’ imprisonment
NO FEAR . NO FAVOUR

Collaboration – International Institutions/Bars
Panel of Eminent Persons to Review the 1988 Judicial
Crisis in Malaysia
Composition of the Panel
Honourable Mr. Justice J.S. Verma – Chairman (passed away on 22 April 2013) (Former
Chief Justice of India)
Honourable Mr. Justice Fakhruddin G. Ebrahim
Dr. Ms. Asma Jahangir (President of Pakistan Supreme Court Bar & Human Rights
Commissioner of Pakistan)
Tan Sri Dato’ Dr. Abdul Aziz bin Abdul Rahman (Malaysian Bar)
Dr. Gordon Hughes (Former President of Law Council of Australia & LAWASIA)
Dato’ W.S.W. (Bill) Davidson (Malaysian Bar)
Commissioned by:
Malaysian Bar International Bar Association’s Human Rights Institute
LAWASIA Transparency International - Malaysia
Panel commenced work in September 2007 and produced its report dated 26.07.2008:
The Panel found that both the Tribunals had no merit and were legally incorrect

1988 Judicial Crisis: An “Apology” by the Malaysian Government
17th April 2008:
 Prime Minister Tun Abdullah Hj Ahmad Badawi paid tribute to the six Supreme Court
judges who were sacked in 1988 and said,
“the Government wanted to recognise their commitment towards
upholding justice and to acknowledge the pain and loss they have
endured.”
 Abdullah also announced goodwill ex-gratia payments to the judges:
“I do not presume to equate your contributions, pain and loss
with mere currency, but I hope that you could accept this as a
heartfelt and sincere gesture to men what has been.”
NO FEAR . NO FAVOUR

Collaboration - Fact-Finding Missions
Fact-Finding Mission to Pakistan:
Attack on the Judiciary in Pakistan (15 August 2008)
Members of the LAWASIA Fact-Finding Mission
Dato’ Mah Weng Kwai
(then President of LAWASIA & Former President of
Malaysian Bar)
Prashant Kumar (Bar Assoc. India)
Christopher Leong (Malaysian Bar)
Janet Neville (LAWASIA)
LAWASIA produced the Report of LAWASIA Fact-
Finding Mission to Pakistan (17-21 July 2008) on
15 August 2008
1

Collaboration - Fact-Finding Missions
The Fiji Military Coup 2006:
Abrogation of the Constitution and Removal of Judges
Members of the LAWASIA Fact-Finding Mission
Dato’ Mah Weng Kwai
(then President of LAWASIA & Former President of Malaysian Bar)
Dr Gordon Hughes (Former President of Law Council of Australia & LAWASIA)
Raoul Guides (Observer from Queensland Law Society)
Janet Neville (Secretary General of LAWASIA)
Report: Visit to Fiji by LAWASIA Observer Mission (25 – 28 Mar 2007) produced on
12 Apr 2007
2

Collaboration – Support for Foreign Bar
Attack on the Judiciary in Sri Lanka
(12 December 2012)
BC issued a letter of support dated 05 March 2013 to the Bar Association of Sri Lanka:
The Impeachment Proceedings and Dismissal of Dr Shirani Bandaranayake, Chief
Justice of Sri Lanka
3

Collaboration & Consultation – Statutory Bodies
Human Rights Commission of Malaysia
(SUHAKAM)
SUHAKAM Selection Committee
Dato Seri Dr Ali Hamsa – Chairman (Chief Secretary to Government)
Tan Sri Hasmy Agam – (Chairman of SUHAKAM)
Tan Sri Haidar Mohamed Noor (Former Chief Judge of Malaya)
Tan Sri Dr Rafiah Salim (Vice Chancellor University of Malaya)
Christopher Leong (President of Malaysian Bar)
Human Rights Commission of Malaysia Act 1999

Collaboration
Government, Government Agencies, etc
Attorney General’s Chambers Malaysia: Working Groups
Criminal Law
Civil Law
Law Reform
Liberalisation of Legal Services
I-CeLLS: Government think tank for legal research

Collaboration & Consultation – Statutory Bodies
Members of Judicial Commissioners:
Tun Arifin bin Zakaria (Chief Justice of the Federal Court)
Tan Sri Dato’ Seri Md Raus bin Sharif (President of the Court of Appeal)
Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin (Chief Judge of the High Court
Malaya)
Tan Sri Datuk Panglima Richard Malanjum (Chief Judge of the High Court in Sabah &
Sarawak)
Tan Sri Abdull Hamid bin Embong (Federal Court Judge)
Tan Sri Haidar bin Mohamed Noor (former Chief Judge of Malaya)
Datuk Seri Panglima Sulong Matjeraie (former Federal Court Judge)
Dato’ Tee Ah Sing @ Tee Boon Hooi
Dato’ Selventhiranathan Thiagarajah
Judicial Appointment Commission (est. 02 Feb 2009)
Judicial Appointments Act 2009:
“…the main role of the Commission is to uphold the continuous independence of the
judiciary through the selection of superior court judges…”

Malaysian Bar receives United Nations Malaysia
Organisation of the Year Award 2012

“Throughout its 66-year existence, the Malaysian
Bar has admirably fulfilled its roll as guardian of
the rule of law, and defender of human rights and
the public interest, in Malaysia
The Malaysian public look towards the Malaysian
Bar for guidance on what the law is, what the law
should be, and what the law must never be”
66 years
Malaysian Bar receives United Nations Malaysia
Organisation of the Year Award 2012
- Citation for the Malaysian Bar by the UN

Speech by PM Najib Razak (IMLC, 26th September 2012)
“Despite the occasional bellicosity and belligerence, both in politics and in
the legal profession, which is a part of the cut and thrust of debate and
discussion in the public sphere in a free and democratic society, I would
like to strongly reiterate my late father’s affirmation of the legal
profession. The Malaysian Bar is an important partner in the rule of law
and the administration of justice. When it speaks, we listen. We may not
always agree with the views emanating from the Malaysian Bar, or even
some of the activities that they undertake, but we hear what they say and
observe what they do with interest. We may make the occasional joke
about lawyers, but they nonetheless have a unique and important role to
play in our country.”

Presidents of the Bar (1947 – 1980)

Presidents of the Bar (1980 – 2000)

Presidents of the Bar (2000 – Present)

Why is the Malaysian Bar What It Is?
The Malaysian Bar is not merely an
organisation, it is a movement. When
it acts as one the Malaysian Bar is
greater than the sum of its parts.

Christopher Leong
President
Malaysian Bar
NO FEAR . NO FAVOUR
THANK YOU

The Role of Bar Associations in Promoting Justice and Human Rights

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