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MH370 search: Malaysian Bar warns families to be wary of US lawyers on The Star Mobile and thought you might be interested to read it too ;)

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Institutionalize the Practice of Open Trial in the Case of Bo Xilai

The case of Bo Xilai, who was accused of bribery, corruption and abuse of power, has captured the world's attention. Now, the trail was over with the verdict to be announced at a later date. Read more

 
Investigate killings of journalists in Egypt

It is critical for journalists to have the freedom to do their job. This is especially true during rapidly unfolding events like the ones we are seeing in Egypt. If journalists can't report freely, the public can't follow these events and make informed judgments. Since former President Hosni Mubarak was ousted in 2011, the Egyptian press has been battered by an array of repressive tactics, from the legal and physical intimidation of Mohamed Morsi's tenure to the widespread censorship of the new military-backed government. Since Mubarak's ousting, eight journalists have been killed. Join the Committee to Protect Journalists in its call on the current military-led government for serious and impartial investigations into the killings of these journalists, no matter who was in power at the time.
continue reading ..
 
Landmark Indira Gandhi Judgment
? LoyarBurok (Used by permission)
by Malaysian Centre for Constitutionalism & Human Rights (MCCHR)

On Thursday, 25 July 2013, His Supreme Eminenceness Lord Bobo allowed a beatific smile to flash across his most noble visage. In the Ipoh High Court, Judicial Commissioner Lee Swee Seng made a decision in a judicial review that has reverberated around the world. And the universe. And beyond.

For the first time in Malaysia, the Court quashed the conversion certificates of three children, and ruled that both parents must consent to the conversion of a child to Islam, and that a child who is converted must also utter with knowledge of its consequences the two Affirmations of Faith.

The case was one of the strategic litigation cases done by volunteer lawyers from the Malaysian Centre for Constitutionalism and Human Rights, aka the Pusat Rakyat LoyarBurok (who some say are the sexiest lawyers in the world).

The full grounds of judgment, recently made available to LoyarBurok, is well worth a read (all 79 pages of it!) and is found here: 
Indira Gandhi ¨C Lee Swee Seng Judgment .

In brief, the learned Judicial Commissioner decided as follows: continue reading ...

 
Tuesday July 23, 2013 MYT 8:01:18 AM
Need for a shadow Cabinet Thinking Liberally
By WAN SAIFUL WAN JAN
We need a strong shadow cabinet to ensure the Government is always kept on its toes. Unfortunately, both BN and PR fail on this account as neither has been able to form a proper shadow cabinet at federal or state level.
PRIME Minister Datuk Seri Najib Tun Razak has been talking about national reconciliation for quite a while. In fact, he mooted the idea as GE13 votes were being counted, just after BN was announced to have secured 112 seats, but before the full results were known. That's how important the initiative was to him.  read more...
 
Answers-in-Law: Summary of Actions Taken by Bar Council
Posted by Web Administrator   
Monday, 22 July 2013 11:53am
The Bar Council has taken note of the newspaper articles appearing in The Business Times on 13 April 2013 and The Star on 18 June 2013, together with the radio interview on BFM 89.9, pertaining to Answers-in-Law (¡°AIL¡±) and its service model.   As background information, AIL's operations have been of grave concern to the Malaysian Bar since 2010, and Bar Council has been taking active steps to address the matter over the last two years. AIL is operating under a company named Index Continent Sdn Bhd (¡°Index Continent¡±).  In November 2010, several Members of the Bar had written in to ask the Bar Council if the ¡°arrangement¡± proposed by AIL was sanctioned by the Bar Council.  It was decided at that juncture that it was not, as Index Continent was deemed to be an ¡°unauthorised person¡± under section 37 of the Legal Profession Act 1976 (¡°LPA¡±). The Malaysian Bar brought injunction proceedings against Index Continent in July 2011 for a declaration that the company is an ¡°unauthorised person¡± under section 37 of the LPA, and sought an injunction to restrain the company from advertising and carrying on such services.  An interim injunction was granted by the High Court in November 2011, and the injunction was finally granted in January 2012.  Index Continent, through its lawyers, appealed against this decision.  The High Court dismissed the argument, but on appeal in June 2012 the Court of Appeal allowed the company's appeal and overturned the High Court's decision. Read More
 
Fierce debate on conversion of minors to Islam
Updated on 03-Jul-2013
The Sun Daily (Used by permission)
by Hemananthani Sivanandam and Dorothy

KUALA LUMPUR (July 2, 2013): Even as debate raged today on the conversion of minors to Islam with a senior MIC leader claiming that the Federal Court had erred on the interpretation of the word "parent', opposition leader Datuk Seri Anwar Ibrahim insisted that Islam required a mother to agree to the change of religion.

The morning began with MIC deputy president Datuk Seri S. Subramaniam questioning the High Court's understanding of the word "parent" in Article 12 (4) of the Federal Constitution, which reads that "the religion of a person under the age of eighteen years shall be decided by his parent or guardian."

He went on to underline the fact that MIC could not agree with the Islamic enactment of federal law as reflected in the Administration of Religion of Islam (Federal Territories) Bill 2013.

Shortly after, the opposition leader was quoted by Malaysiakini as telling reporters at Parliament that there was a specific case where Prophet Muhammad sent a child back to his mother because the mother did not convert with the father to Islam.

Anwar said the issue was being studied thoroughly by Pakatan Rakyat, with ongoing discussions between him, PAS president Datuk Hadi Awang and DAP secretary-general Lim Guan Eng. Read More

 
¡®Ex-judges can only give opinions'
Updated on 03-Jul-2013

The Sun Daily (Used by permission)
by BALAN MOSES

KUALA LUMPUR: A retired court of appeal judge came out strongly yesterday on the issue of retired judges acting as counsel in ongoing trials in court saying that the Legal Profession Act only permitted them to become consultants.

Datuk Mahadev Shankar said they could only be engaged by a particular firm adding that it was his personal opinion that the restricted role as consultant did not extend to permitting them to act as advocates and solicitors for lay clients. 

Weighing in on the issue that has elicited varying comments from the Bar Council, members of the legal fraternity and a retired judge, he felt that retired judges who went to court became partisan participants in the proceedings to advance the interest of their clients.

¡°The regulation states quite clearly that the only role the retired judge could play was as a legal consultant in the firm to which they were attached and nothing further. In other words, he could only give opinions on legal matters,¡± said Shankar, who ceased to be a consultant in 2011.

Shankar said that by inference, this excluded drafting pleadings and cause papers or appearing in court to argue on behalf of a litigant. Read More

Malaysia

Bar Council not backing down on issue of ex-judges

http://www.themalaysianinsider.com/malaysia/article/bar-council-not-backing-down-on-issue-of-ex-judges/ By V. Anbalagan

July 03, 2013

The Bar Council is not backing down from its stand that former judges should not return to the court room.

This is despite Chief Justice Tun Ariffin Zakaria throwing his support behind ex-judges earlier today.

Council chairman Christopher Leong said the public may perceive that ex-judges have an unfair advantage because they appeared before their friends sitting on the bench.

"They (ex-judges) may have worked with or discussed points of law with them (sitting judges),"  he said in response to Tun Arifin Zakaria's stand today that he had no objections to retired judicial officers making a comeback to the court room.

The country's top judge cited the right to livelihood, love for the law and restraint to trade if the doors were closed.

Earlier this week, retired Federal Court judge Datuk Seri Gopal Sri Ram took the stand that ex-judges could return to argue exceptional cases to assist the bench.

Sri Ram said he was also aware in several Commonwealth countries that ex-judges retired for good as the Bar and the Bench there were strong.

Leong, who is heading the Bar in the peninsular with a strong membership of 13,000 lawyers, said the public may find it inappropriate and this affected the confidence in the judiciary.

"However, justice is not about it just being done. It is equally important that the public perceives it to be done," he said.

It is a requirement for those who want to practise law to apply for the annual licence.

He said there was no automatic right for anyone to indulge in the trade as conditions need to be fulfilled.

He said for this reason, those who were made judges should also know there was an implied condition not to return to practice after retirement.

However, he said this condition was not legally binding but more of a convention like in the United Kingdom.

"Such convention only has the moral force and the chief justice's stand should be seen from the prevailing condition here," he said.

He said the Legal Profession Act has to be amended and this has to get the support of the Bar and the Bench. - July 3, 2013.

Malaysia

New bill not fair to non-Muslims, says Nazri Aziz

http://www.themalaysianinsider.com/malaysia/article/new-bill-not-fair-to-non-muslims-says-nazri-aziz By Md Izwan

July 03, 2013

Datuk Seri Mohamed Nazri Aziz stands by his 2009 decision that the unilateral conversion of minors to Islam should not be allowed.

He said the Administration of Islamic Law (Federal Territories) Bill was unfair to non-Muslims and stressed that the consent of both parents is needed to convert minors.

This raises the question if proper consultations were carried out in Cabinet before the Bill was tabled.

"As a lawyer and a Muslim, I am not comfortable with this situation," said the Tourism Minister on the Bill which was tabled in Parliament last week.

"To me, it is not fair to say that only one parent can determine the child's religion even though the parent had converted to Islam."

Nazri was the Minister in the Prime Minister's Department in 2009 when the government decided then that unilateral conversions should not be allowed.

"Personally I want this reviewed. As a leader I feel responsible to provide protection to the minority, to ensure their rights are protected," he said.

Nazri said if the Bill became law it would throw up problems in future.

"The problem will start when the minor becomes an adult at 18 and decides to change religion. If he is Muslim, then it will be apostasy which is not allowed in Islam," he said.

Yesterday Selangor PAS commissioner Dr Abd Rani Osman voiced his opposition to unilateral child conversions to Islam saying it was a big decision which needed the consent of both parents.

Deputy Prime Minister Tan Sri Muhyiddin Yassin proposed the Bill in Parliament which was tabled for first reading in the Dewan Rakyat.

He said that it was done in accordance with existing laws and that the scope had changed.

DAP adviser Lim Kit Siang rubbished this, adding that opposition leaders will be holding dialogues and meetings with affected groups on the impact of such an unconstitutional provision in the Bill.

Among other concerns raised by non-Muslim religious groups is whether the proposed Bill expands the jurisdiction of the Syariah courts in Malaysia beyond what is provided for in the Federal Constitution.
 
Press Release: Legislation Inconsistent with Article 12(4) of Federal Constitution is Unconstitutional

Updated on 02-Jul-13

The Malaysian Bar is concerned that section 107(b) of the Administration of Islamic Law (Federal Territories) Bill 2013 (D.R.1/2013) (¡°the 2013 Bill¡±), which has been tabled in Parliament, purports to provide that the consent of one parent alone is sufficient for the conversion of minor children to Islam. 

We reiterate that the unilateral conversion of minor children to any religion by a parent, without the consent of the non-converting parent, is contrary to our constitutional scheme.

The 2013 Bill should reflect the meaning of ¡°parent¡± contained in Article 12(4) of the Federal Constitution, read with Article 160 and the Eleventh Schedule of the Federal Constitution, which expressly provide that all words appearing in the Federal Constitution which are stated in one gender also include the other gender, and all words in the singular also include the plural.  

Article 12(4) of the Federal Constitution provides: ¡°For the purposes of Clause (3), the religion of a person under the age of eighteen years shall be decided by his parent or guardian.¡± (emphasis added).  The same gender reference to ¡°his¡± appears in Article 12(3).

If the words were to be taken literally as they appear, then Articles 12(3) and (4) would be read to only apply to conversions of males under the age of 18 years, and would not apply to females.  This meaning or discrimination is clearly not the intention of such a provision in the Federal Constitution.  A sensible application of the specific provisions in Article 160 and the Eleventh Schedule of the Federal Constitution would read the word ¡°his¡± as also meaning ¡°her¡±.  This would likewise apply to the word ¡°parent¡±. Read More

Malaysia's mid-autumn revolution

Edmond R | Sep 12, 08 6:28pm

I refer to the Malaysiakini report  Expect 'surprise' on Sept 16: Anwar

It has been a very tense week but after reading this article, I have a good feeling that our nation's crisis is going to have a fairy tale ending soon. read more...

 

 

Teresa Kok, Sin Chew reporter arrested under ISA

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Friday, 12 September 2008 11:11pm

ISA©The Star (Used by permission)

KUALA LUMPUR: DAP's Teresa Kok is the latest to be arrested under Section 73 (1) if the ISA Friday.

Kok, who is Seputeh MP and also assemblyman for Kinrara, was arrested at 11.20pm Friday.

Deputy IGP Tan Sri Ismail Omar confirmed Kok's arrest. read more...

 

 

Umno suspends Ahmad three years

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Wednesday, 10 September 2008 06:18pm

Umno suspends Ahmad three years©The Star (Used by permission)

KUALA LUMPUR: Umno has suspended Bukit Bendera division chief Datuk Ahmad Ismail three years over his alleged racist remarks about the Chinese.

The decision was reached at a special meeting of the Umno supreme council held at the PWTC Wednesday afternoon. Prime Minister Datuk Seri Abdullah Ahmad Badawi chaired the meeting that lasted almost three hours. read more...

 

Kudos for the triumph of rule of law

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Wednesday, 03 September 2008 07:27am

Shad Saleem Faruqi©The Star (Used by permission)
Reflecting on the law by Shad Saleem Faruqi

Administrative law relating to remedies is now richer because the Federal Court and the Appeal Court broke new ground in a heartening and innovative decision. read more...

               

 

We're 51, and showing signs of a midlife crisis

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Tuesday, 02 September 2008 08:37am

©New Straits Times (Used by permission)
by Umapagan Ampikaipakan

IT'S that time of the year again. When the essayists, editorialists, bloggers, hacks, and all those other men and women of letters begin to roll out their obligatory pieces on "Merdeka". read more...

 

Letter to Utusan and Berita Harian

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Monday, 18 August 2008 12:32pm

Letter to Utusan and Berita Harian*Below are letters written by lawyers Razlan Hadri b. Zulkifliand Shaikh Abdul Saleem regarding the 9 August Family Law Forum to Utusan Malaysia and Berita Harian. Neither newspaper published it. read....

 

Majlis Peguam patut didik rakyat patuhi keputusan mahkamah

 

 

 

 

Monday, 04 August 2008 06:40am

Majlis Peguam patut didik rakyat patuhi keputusan mahkamah©Berita Harian (Digunakan dengan kebenaran)

KUALA LUMPUR: Majlis Peguam sepatutnya menjadi badan yang mendidik rakyat mematuhi setiap keputusan mahkamah, termasuk membabitkan hak orang Islam dan hak keistimewaan orang Melayu yang termaktub dalam Perlembagaan Persekutuan. read more...

 

 

Serving time, whether guilty or not

 

Contributed by Desmond Ho Chee Cheong   

Friday, 01 August 2008 07:46am

Putik Lada©The Star (Used by permission)
Putik Lada by Desmond Ho

The legal maxim that one is innocent until proven guilty does not seem to favour foreign workers who have no relatives in Malaysia and who do not have the money to make bail. read more...

Opinion: Does a crisis exist among the Malays?

 

Tuesday, 15 July 2008 08:19am

Gapena chairman Tan Sri Ismail Hussin & PKR deputy chief Dr Syed Husin Ali

Gapena chairman Tan Sri Ismail Hussin & PKR deputy chief Dr Syed Husin Ali

©New Straits Times (Used by permission)
by Sheridan Mahavera

More than four months since the March 8 general election, some say the Malay community is in its worst-ever crisis. Others disagree. Sheridan Mahavera looks beyond the histrionics to discern the crux of the matter
  read more...

Article 153 intended for long term

 

Posted by Webmaster   

Sunday, 06 July 2008 08:54am

Tan Sri Abdul Aziz©New Sunday Times (Used by permission)
by Tan Sri Abdul Aziz Abdul Rahman

EVERY citizen should be familiar with the Federal Constitution. Both Malays and non-Malays should understand the intent and the letter of the provisions in the Constitution regarding the "special position" of the Malays as embodied in Article 153.

They should also know the history of that provision in order to appreciate why and how it was inserted in the Constitution.

In an
article in the New Sunday Times on June 22, Raja Aziz Addruse and Helen Ting asked several questions:

Read More

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Ex-judge hails proposal to split A-G's powers

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Posted by Webmaster   

Monday, 07 July 2008 08:51am

Datuk Shaik Daud Ismail ©New Straits Times (Used by permission)

KUALA LUMPUR: A suggestion to separate the functions of the attorney-general and the public prosecutor has received mixed reviews from the legal fraternity.

Former Court of Appeal judge Datuk Shaik Daud Ismail agreed with the suggestion saying that it would allow for better accountability and a more effective judicial system.

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Take decision to prosecute off A-G¡¯s hands, Government urged

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Posted by Webmaster   

Tuesday, 17 June 2008 08:18am

Tunku Abdul Aziz©The Star (Used by permission)
by Christina Koh

IPOH: The Government should remove the ¡°absolute power¡± of the Attorney-General (A-G) to decide on who should be prosecuted.

Transparency International (Malaysia) founder Tunku Abdul Aziz Ibrahim said the decision to pursue cases in court should be left in the hands of a director of public prosecution and his advisory board of legal officers.

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High Court judge makes explosive judicial disclosures

 

Tuesday, 10 June 2008 11:02am

Justice Ian Chin©The Borneo Post (Used by permission)
by Danny Wong

SIBU: A High Court judge here yesterday made some startling revelations at the commencement of the proceedings of the election petition filed by the DAP candidate for the Sarikei parliamentary seat, Wong Hus She, to declare the result of the March 8 general election for the seat void.

The Barisan Nasional candidate, Ding Kuong Hing, won the seat with a slim majority of 51 votes.
must read...

 

 

The Attorney General - The most powerful person in Malaysia?

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Contributed by Tommy Thomas   

Friday, 23 May 2008 11:29am

Tommy ThomasThe recommendations of the Royal Commission on the Lingam video has once again turned the spotlight on the Attorney General, and the awesome powers wielded by an unelected and unaccountable person. Members of the Bar may be interested to read the following article that was published in the August 1983 issue of INSAF, when Mahathir was the Prime Minister, Musa Hitam the Home Minister, Abu Talib the Attorney General and Hanif Omar the Inspector General. Readers have to form their own opinion on whether the events of the last 25 years support the argument that much of the Attorney General¡¯s powers must be removed, and whether he should be elected to the Dewan Rakyat or at least appointed a Senator, and thereby accountable to Parliament (and the people). read more...

 

 

                    

Malaysian Bar Hash Run: "FREETHEM"

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Contributed by Fadiah Nadwa Binti Fikri   

Tuesday, 29 April 2008 09:29pm

TAIPING: On the 26th of April 2008, the Malaysian Bar Hash House Harriers and Harriettes (MBH4) organised a Hash Run in Taiping, Perak with the theme ¡°FREETHEM¡± in light of the Bar¡¯s tireless efforts to call for the abolition of ISA and the release of all detainees.  read more...

                         

 

Regent of Perak Raja Nazrin Shah's address at the Conference of Malaysian

http://www.malaysianbar.org.my/

Updated on 14-April-08

 

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Opinion

Used By Permission of The Star - Monday February 11, 2008

Looking to the young to lead

CERITALAH
By KARIM RASLAN

 

We are the participants and in many cases, the primary actors. With this enormous power in hand, we must learn to lead with humility, honour and mutual respect. read more...

 

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Parlimen bubar 2 minggu lagi? -- Spekulasi pilihan raya seawal 8 Mac atau paling lewat 15 Mac

Friday, 08 February 2008 08:15am

Utusan Malaysia (Digunakan dengan kebenaran)

KUALA LUMPUR 7 Feb. Teka-teki mengenai tarikh pilihan raya umum ke-12 terus hangat diperkatakan dengan spekulasi terbaru membayangkan ia akan diadakan seawal 8 Mac atau selewat-lewatnya 15 Mac ini.

 

 

Bagi membolehkan pilihan raya diadakan pada tarikh itu, ramai membuat andaian bahawa pembubaran Parlimen akan berlaku sekitar dua minggu lagi. read more...

 

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Issues & views 2007: Wheels of justice grind too slow

Saturday, 29 December 2007, 08:54am

New Straits Times (Used by permission)
by Lee Siew Lian


The Commission of Inquiry into the
£¦Lingam£ª video clip could be the best opportunity Malaysia has to restore public confidence in its judiciary and how justice is dispensed, writes Lee Siew Lian .

 

 

SINCE September, the catch-phrase on Malaysians' lips has been "Correct, correct, correct", complete with Indian inflection.

Taken from the infamous "Lingam" video clip, the phrase has been turned into a mobile phone ringtone and the eight-minute clip has beeen heavily viewed on YouTube, the video-sharing website, and elsewhere. read more...

 

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Flashback '07: The year of debates

Friday, 28 December 2007, 07:36am

Demonstrations make rousing re-entry

The Sun (Used by permission)
by Zainon Ahmad

 

 

We have reached the closing days of 2007, the year Malaysia ? often touted as an exemplary country in diversity ? celebrated its 50 years as a nation. But it is also the year when the very beliefs and values that bind it as a multiracial and multicultural nation were severely challenged but which many hope is part of a learning process. read more...

 

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KL court ruling 'creates confusion over jurisdiction'

Saturday, 29 December 2007, 08:30am

The Straits Times, Singapore (Used by permission)
by Chow Kum Hor, Malaysia Correspondent

Recent verdict raises fears over eroding rights of minorities in Malaysia

 

 

KUALA LUMPUR - A CONFUSING apex court verdict that Malaysia's Muslim converts can seek divorce in the civil as well as syariah courts has resurrected non-Muslims' fears about their waning rights.

Many worry that the overlapping jurisdictions of the two courts may put non-Muslims at a disadvantage. read more...

 

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Bar Council: Decision a positive move

Friday, 28 December 2007, 08:10am

New Straits Times (Used by permission)

- The Subashini case: High Court can hear marriage dispute but...
- Husband
£ªs conversion £¦disputable£ª
- Facts of case

 

 

KUALA LUMPUR: Bar Council chairman Ambiga Sreenivasan said the Federal Court's decision was a positive move, as it recognised that the Syariah High Court had no jurisdiction over non-Muslims. (Please click here to download judgments of Dato' Abdul Aziz bin Mohamad & Dato' Azmel bin Haji Maamor)

"I need to read the grounds of the judgment in full before I can comment any further. read more...

 

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Apex Court dismisses Subashini's appeal

Contributed by Web Reporter of Malaysian Bar

Thursday, 27 December 2007, 11:05am

Civil or Syariah, still unclear
Disputes between a convert and non-Muslim spouse come under civil court
Subashini case: Divorce comes under civil court

 

 

12.05pm: Azmel FCJ concurs with Nik Hashim. Wife's appeal dismissed by 2-1 majority. (Please click here to download judgments of Dato' Abdul Aziz bin Mohamad & Dato' Azmel bin Haji Maamor)

12.03pm: Abdul Aziz allows substantive appeal by wife and also allows injunction except confirmation of conversion. But injunction applies in re husband seeking ancillary relief. read more...

 

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Thursday date for Subashini decision

Wednesday, 26 December 2007, 11:11am

Federal Court to deliver judgement tomorrow in two landmark cases
Jurisdiction tussle decision tomorrow


Malaysiakini (Used by permission) by Soon Li Tsin

 

 

The fate of whether an Indian Hindu wife can seek justice in the civil courts - despite her Islam-convert husband initiating divorce proceeding in the syariah courts - will be known tomorrow. read more...

 

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Interview with Raja Muda of Perak Raja Dr Nazrin Shah: Malaysian democracy, a work in progress

Sunday, 23 December 2007, 09:17am

New Snday Times (Used by permission)
by Syed Nadzri and Kennifer Gomez

With an impressive intellectual background, Raja Muda of Perak Raja Dr Nazrin Shah always draws attention when he speaks on issues, particularly those affecting ordinary Malaysians. Here, in a frank interview with Syed Nadzri and Kennifer Gomez, the Oxford and Harvard-trained prince gives his take on contemporary concerns. read more...

 

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Royals weigh in on people's concerns

Thursday, 20 December 2007, 08:59am

New Straits Times (Used by permission)

PARTI Gerakan Rakyat Malaysia produced 24,000 copies of a 40-page booklet highlighting key points of the Federal Constitution, Rukun Negara, Vision 2020 and the National Mission this year.

 

It was handed out to members at the party's national delegates conference in October. The booklet is still being distributed to the public at party functions.

"There is a renewed interest in the Constitution and the Social Contract," says Bar Council chairman Ambiga Sreenevasan, who has been invited to speak about the Constitution and its "fundamental liberties" to several groups this year. read more...

 

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Brain drain is colour blind

Thursday, 20 December 2007, 09:02am

The Star (Used by permission)
A Writer's Life by Dina Zaman

Many have done very well on their own soil, but from where I sit and work, and being a friend and ears to a number of people, there must be a better way to make a living. read more...

 

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Malaysia's Identity Crisis

 

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CJ's appointment speech

Wednesday, 12 December 2007, 12:06pm

New CJ vows to safeguard independence of the judiciary, revive public confidence
CJ vows to do what's right
Buck up and work harder, judges told

Hakim perlu jujur, telus Abdul Hamid

Speech on the appointment as Chief Justice of Malaysia by Dato£ª Abdul Hamid Bin Haji Mohamad

 

At the Istana Kehakiman, Putrajaya On 11th December 2007

 

I am grateful to God Al-Mighty for, without His blessing, even though not mentioned in the Constitution, this appointment would not have happened. I thank His Majesty the Yang di-Pertuan Agong, the Rulers£ª Conference and the Rt. Hon. The Prime Minister of Malaysia for this appointment. read more...

 

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Edmund Bon and 4 other lawyers released on bail

Monday, 10 December 2007, 09:49pm

Edmund Bon showing the injuries he sustained after being manhandled by the police when arrested

 

KUALA LUMPUR, Mon: The Chairman of Human Rights Committee of the Bar Council, Edmund Bon was released on RM1,000 bail after being charged at the Kuala Lumpur Sessions Court today for obstructing a Kuala Lumpur City Hall officer from bringing down a banner at the Bar Council premises. He claimed trial. read more...

 

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"This is outrageous!", Bar screams over arrest of Edmund Bon

Sunday, 09 December 2007, 01:25pm

Edmund Bon arrested

KUALA LUMPUR, Sun: The Chairman of the Bar Council's Human Rights Committee, Edmund Bon was arrested after stopping some officers from the Kuala Lumpur City Council (DBKL) from removing banners and placards hung on the premises of the Bar Council Secretariat about 12.15 this afternoon. read more...

 

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Zaid: Fresh thinking needed

Wednesday, 05 December 2007, 10:10pm

The Sun (Used by permission)
by Giam Say Khoon

KUALA LUMPUR (Dec 5, 2007): The government should manage demonstrations properly and not use force, as this will not help to solve the real problems at hand, said Datuk Zaid Ibrahim.

 

Zaid, the Barisan Nasional member of Parliament for Kota Baru, said he expected ethnic and religious issues to be among the serious issues to be discussed in the next general election. read more...

 

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Man behind Indians' protest stirs up mixed feelings

Tuesday, 04 December 2007, 06:45am

The Straits Times, Singapore (Used by permission)
by Carolyn Hong, Malaysia Bureau Chief

- What Hindraf wants
- Indians 'better off than bumis'

 

Many regard lawyer as a maverick, but they also sympathise with his causes

KUALA LUMPUR -
LAWYER P. Uthayakumar, who recently roused thousands of Indians to take to the streets in a protest against their plight, is a man who stirs up a lot of mixed feelings.

He speaks like a machine gun going off, is confrontational and has the lawyerly knack of hammering home his points through repetition. read more...

 

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Nazrin: Respect the law...

 

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Hello On Two: "Is There a Need for Judiciary Reform?"

Putting confidence back in judiciary

Sunday, 25 November 2007, 09:40am

New Sunday Times (Used by permission)
by Aniza Damis

As the nation awaits the appointment of the Royal Commission of Inquiry into the Lingam video clip, ANIZA DAMIS speaks to constitutional law expert Professor Dr Abdul Aziz Bari about royal commissions and why it£ªs so important to have one now. read more...

 

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Royal Commission to be set up to probe controversial video clip

Friday, 16 November 2007, 07:05pm

Bernama (Used by permission)

KUALA LUMPUR, Nov 16 (Bernama) -- A royal commission will be set up to investigate a video clip featuring a purported telephone conversation between a prominent lawyer and a senior judge over the appointment of judges. read more...

 

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Tuanku Mizan regrets claims he supports illegal rally

Friday, 16 November 2007, 01:55pm

Bernama (Used by permission)

KUALA LUMPUR, FRI: THE Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin has expressed regret over claims that he and the Palace approved and suppported Saturday£ªs illegal rally in the city.

In a statement issued here today by the Datuk Pengelola Bijaya Diraja of Istana Negara, Datuk Wan Mohd Safiain Wan Hasan, the King also regretted the gathering, which was organised by the Coalition for Clean and Fair Elections (Bersih) and supported by the opposition parties.

 

Tuanku Mizan stressed that he and Istana Negara had at no time approved or given any support, directly or indirectly, to any quarters that organised or was involved in the illegal assembly or any other activities that contravened the law. read more...

 

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Gathering in Kuala Lumpur 10 Nov 2007 - al Jazeera version

Anwar Ibrahim + Gathering in Kuala Lumpur 10 Nov 2007

BC: BERSIH Rally for Electoral Reform in KL, Malaysia

Jeff Ooi at AlJazeera: BERSIH Rally for Electoral Reform

 

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Perak ruler's role in CJ appointment

Monday, 05 November 2007, 08:43am

The Sun (Used by permission)
by Terence Fernandez

PETALING JAYA: Perak's Sultan Azlan Shah, a former distinguished highest-ranking judge, is believed to have played a crucial role in the matter of filling the vacancy of Chief Justice of the Federal Court.

 

According to sources, the decision to fill the position of Chief Justice following Tun Ahmad Fairuz Sheikh Abdul Halim£ªs retirement was based on the outcome of discussions between Sultan Azlan Shah and Prime Minister Datuk Seri Abdullah Ahmad Badawi, with consultations with the Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin. read more...

 

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Opening address by HRH Sultan Azlan Shah at the 14th Malaysian Law Conference

Monday, 29 October 2007, 04:25pm

Sultan Azlan Shah speaks out

50 Years of Constitutionalism and the Rule of Law

Assalamaualaikum Warahmatullahi Wabarakatuh.

Salam Sejahtera.

Bismillahi Rahmanir Rahim.

This year marks the 50th year of our nation£ªs Independence. It is also the 50th year of our Merdeka Constitution.

Malaysia and its people have every reason to celebrate this joyous occasion as the country prospers as a constitutional democracy with a constitutional monarchy in the form as established by the Merdeka Constitution in 1957. read more...

 

14th Malaysian Law Conference - Write-Up & Articles

 

View photos

 

Used By Permission of The Malaysian Bar Website

14th MLC Opening Speeches and Keynote Address

Friday, 02 November 2007, 02:12am

 

14th Malaysian Law Conference

 

 

Date: 29 October 2007

 

Click Imageto listen to Introductory Address by the Organising Chairman of the 14th Malaysian Law Conference, Mr Roger Tan (6.39 mins)

Click Imageto listen to the Welcome Address by the President of the Malaysian Bar, Ms Ambiga Sreenevasan (22.31 mins)

Click Imageto listen to the Opening Address by HRH Sultan Azlan Shah (25:06 mins)

Click Imageto listen to Speech by the President of the Malaysian Bar, Ms Ambiga Sreenevasan at the dinner hosted by the Prime Minister (9:23 mins)

Click Imageto listen to the Keynote Address by YAB Dato' Seri Abdullah Ahmad Badawi, Prime Minister of Malaysia (31:58 mins)

You must have Real Player installed before you are able to listen. Click here to download a free Real Player.

 

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Extension of CJ's tenure held up by judge-fixing scandal

Saturday, 27 October 2007, 08:56am

Imej Jabatan Kehakiman tidak terjejas
The Straits Times, Singapore
(Used by permission)
by Carolyn Hong, Malaysia Bureau Chief

KUALA LUMPUR - MALAYSIA'S top judge is due to retire in less than a week, but a controversy is brewing as the government has yet to announce either the extension of his tenure or his successor.

 

It is believed that the King has not yet approved a six-month extension sought by the government for Tun Ahmad Fairuz Sheikh Abdul Halim, hence resulting in the delay. read more...

 

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Police return empty-handed from Bar

 

Past LPs£ª and current CJ's records of written judgments - (By Permission of Malaysian Bar Website)

 

Contributed by Web Reporter

Monday, 22 October 2007, 07:25am

KUALA LUMPUR, Sun: Recently a group of lawyers got together to undertake a comparative study into the number of reported judgments written by the current Chief Justice, Tun Ahmad Fairuz bin Dato' Sheikh Abdul Halim and his three predecessors, Tun Salleh Abas, Raja Azlan Shah (as HRH then was) and Tun Mohamed Suffian when they sat at the High Court, Court of Appeal and the apex court. The results are as follows: know more...

 

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Raising the Bar - Oct. 21st, 2007
The Sunday Star (Used by permission)
by Martin Vengadesan

The turning point
All for independence
Significant moments
The state of judiciary is very much in the news today and in the forefront calling for reform is the Bar Council. The country's governing body for lawyers was set up under the 1947 statute that charged it to uphold the cause of justice without fear or favour. Sixty years on, despite difficulties, it remains true to its cause. read more...

 

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Nazri:The are all crazy lawyers

 

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Used By Permission of The StarMetro-North - Friday October 12, 2007

Expedite title transfers urges judge

A HIGH Court in Ipoh has suggested that the Perak Bar Committee make recommendations to the state authorities to lift restrictions in the endorsement of land and property title transfers.? read more...

Ipoh High Court Honourable Justice Dato£ª V.T. Singham£ªs speech on the occassion of t he a dmission and Enrollment as Advocate and Solicitor of Hemalatha Parasa Ramulu and Jayanthin Diana Gnanapathy on 10-10-2007 read full text

click to view photos

 

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Whistleblowers out in the cold (Video)

Malaysia tempts whistleblower with plastic surgery

Gerakan to gov't: Consider royal commission (Video)

 

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Friday, 05 October 2007, 10:22am

New Straits Times (Used by permission)

PUTRAJAYA: Doctors have a duty to disclose the risk to their patients before performing critical operations.

And it is for patients to decide whether to go for surgery.

Failure to warn patients on the possible consequences could result in doctors facing a medical negligence suit, should the operation be a failure.? read more...

 

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Lawyers can no longer be quiet about Burma

Malaysian Bar-Press Release on Myanmar

Lingam tape: Protest at panel's first meeting

Bar Council Walk - YouTube

Lawyers and social activivists march for justice (Video)

 

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Lim Kit Siang's Press Release: PM should disband panel and set up RCI

 

by Lim Kit Siang

Lingam Tape - Abdullah should chair next Cabinet meeting to disband 3-man panel and set up RCI

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi must reconsider and set up urgently a Royal Commission of Inquiry into the Lingam Tape scandal as the three-man panel chaired by Tan Sri Haidar Mohamed Noor, tainted by his role in the 1988 judicial crisis, is just untenable and unacceptable. read more...

 

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PM: I'm disappointed

Friday, 21 September 2007, 07:22pm

Is video clip real? PM wants action either way
PM: Get to the bottom of video clip
Klip video: PM arah siasat
PM: No need for royal commission

The Sun (Used by permission)
by R. Manirajan, R. Surenthira Kumar and Ng Kee Seng
DPM: Authenticity of of video recording needs to be established first
Tunku Aziz, Param urge PM to stop the judiciary rot
DAP calls for Full Royal Commission of Inquiry into damning video clip

PUTRAJAYA (Sept 21, 2007):
Prime Minister Datuk Seri Abdullah Badawi says he is disappointed by the release of a video clip depicting a conversation, allegedly between a lawyer and a judge, on the fixing of judicial appointments.? read more ...

 

Malaysia's Judiciary Embarrassed Again (Video)

 

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Singing in his pain - by Prof. Emeritus Khoo Kay Peng
AN INTERESTING ARTICLE ON THE DILEMMA FACING THE MALAYSIAN CHINESE IN PRESENT POLITICAL SCENARIO. MUST READ FOR UNDERSTANDING TO KNOW WHERE YOU STAND IN FUTURE.

A fair and objective analysis.

 

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Time to Malaysianise Malaysia Common Law

Common law already in place

Friday, 21 September 2007, 06:25am

The Star(Letters Section) (Used by permission)
by Roger Tan

I REFER to the report Time to Malaysianise common law system by Dr Wan Azhar Wan Ahmad (The Star, Sept 18).

 

Like all others who advocate the replacement of the English common law, Dr Wan Azhar has laboured under a serious misconception that we have to establish and develop the Malaysian common law when, in fact, the Malaysian common law has been actively evolving and developing since Merdeka. It is actually a non-issue.?

The former Lord President, Sultan Azlan Shah, acknowledges this. Writing in 2004 ( Constitutional Monarchy, Rule of Law and Good Governance , pp. 188-189), Sultan Azlan Shah wrote that it is erroneous to say that any reference to the common law in Malaysia especially in the field of commercial transactions means the common law of England. read more ...

 

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Handle Judiciously

The Judiciary has been under the spotlight lately for various issues including the still-unfilled post of Chief Judge of Malaya. There is a need to handle this matter wisely to avert the possibility of another constitutional crisis.

By A Kadir Jasin read more...

 

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The Sun (Used by permission)
by R. Surenthira Kumar

PETALING JAYA (Sept 14, 2007): In a landmark decision, the Federal Court today allowed an application by a lawyer to review its earlier judgment.

A five-man panel of judges gave the nod on the grounds that there was an error of fact in the judgment of the High Court and the Court of Appeal.? ...more

 

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Right royal role

Monday, 03 September 2007, 09:58pm

HRH Raja Nazrin Shah's Speech: For the monarchy in M'sia to continue to function effectively...

The Sun
(Used by permission)

PETALING JAYA (Sept 3, 2007): The monarchy has a role to play as the guardian of good governance and the democratic process as mandated by the Federal Constitution, the Raja Muda of Perak said.

 

"It is an often overlooked or under-appreciated fact that the monarchy in Malaysia is supposed to play a productive role by being a healthy check and balance in the system of governance," Raja Dr Nazrin Shah said.

"The Federal Constitution mandates the monarchy to be the guardian of the just rule of law, an impartial arbiter in the democratic process and an overseer over the pillars of state.? ... read more

 

Malaysia calls off pig cull and denies racial tension

 

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Call for unity as Malaysia turns 50

 

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Negaraku -My Country, My King, My God

Friday, 31 August 2007, 07:37pm

Sinchew-i (Used by permission)
by Bob Teoh

 

One year ago I had planned to celebrate our 50th Merdeka anniversary by doing two things. The first is to pen a celebratory verse and the other is to fly the Malaysian flag in my house for one whole year till 31 August this year.

Negaraku
Tumpahnya darahku
My country, my home.

Read more

 

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Law firms riding all-time high - but is the boom about to end?

... read more

 

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The Law Explored: Lord Denning

 

Used By Permission Of The Malaysian Bar Website

Nation can lose Independence if spirit to serve fades away - Sultan

Saturday, 18 August 2007, 08:40pm

Bernama (Used by permission)

TAIPING, Aug 18 (Bernama) -- Sultan Azlan Shah of Perak says the nation can lose its independence if the people's spirit to serve the country fades away.

He also says, without noble leadership principles, the spirit to serve the nation will become thin and when it happens, the country's independence will crumble.

 

History shows that the collapse of big empires was due to their leaderships losing their genuine spirit to serve the nation," he said when launching Sekolah Menengah Sains Raja Tun Azlan Shah's 25th anniversary celebration here today.

Therefore, he urged for attention be given to the students' personality development besides academic achievement to produce quality human capital.

He said producing high academic achievers gives no meaning for the country and nation if they are untrustworthy, irresponsible, dishonest and unfair. A situation like this will lead to tyranny and injustice out of greed, he added.

Present at the function were the Raja Permaisuri of Perak Tuanku Bainun, Perak Menteri Besar Besar Datuk Seri Tajol Rosli Ghazali and Education Ministry Secretary-General Tan Sri Dr Zulkurnain Awang.

 

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R. Deno Cole was on vacation in Malaysia.

On July 5th, 2007 R. Reno Cole make an unofficial visit to Perak Bar.

He paid a courtesy call on our firm and Messrs Chan & Associates.

He also visited a few landmarks of Ipoh.

He visited the High Court, the Subordinate Courts and observed proceedings in the Subordinate Courts.

R. Deno is a practising lawyer with the firm

www.knoxtnlaw.com

McGEHEE, STEWART, COLE, DUPREE & ROPER, P.A.
709 Market Street, Suite 2
P.O. Box 57
Knoxville, Tennessee 37901-0057
(865) 281-8400, Ext. 2
(865) 281-8462 (fax)

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