27th FEBRUARY 2008 3.00pm KELAB GOLF SULTAN ABDUL AZIZ

Transcription

27th FEBRUARY 2008
3.00pm
KELAB GOLF SULTAN ABDUL AZIZ SHAH,
SHAH ALAM, SELANGOR
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The Selangor Bar Committee 2007-2008
Sitting (Left to Right):
Pn. Suzanawati Ismail, M s. Kunamony Kandiah, M r. AG Kalidas (Hon. Secretary),
M r. RV Lingam (Chairman), M r. George Varughese (Bar Representative),
M r. Rajpal Singh, M s. Sumathi M urugiah
S tanding (Left to Right):
Ms. Ann M aria(Executive Secretary), M r. Logendran, M r. Alvin Neo,
M r. Murali Velautham, M r. Suraj Singh, M r. Ng Chung Yee
16 TH ANNUAL G ENERAL MEETING
C ontents
Page
Notice of Meetin g an d Agen da ......................................................................
2
Minutes of the 15th Ann ual General Meeting ...............................................
3 - 19
Reports
Chairman's Report .........................................................................................
20 - 24
Ann ual Report 2007 - 2008 ...........................................................................
25 - 27
Cham bering Pupils & Youn g Lawyer s Aff air s .............................................
28 - 30
Continuin g Legal Education & Syar iah ........................................................
31 - 33
Conveyancin g Practice, SROE, Corporate & Bank ing Law .........................
34 - 35
Court Liaison & Publication ..........................................................................
36 - 39
Hum an Rights & Criminal Law ....................................................................
40 - 44
Information Technology ................................................................................
45
Legal Aid Centre Selan gor (LACS) ..............................................................
46 - 57
LACS Audited Acco unts For The Year 2007 ...............................................
58 - 68
Secr etariat, Finance, Library & Buildin g ......................................................
69 - 75
Social, Char ity & W elfare .............................................................................
76 - 77
Sports ............................................................................................................
78 - 79
Selan gor Bar Representative ........................................................................
80 - 82
Calen der Of Ev ents ........................................................................................
83 - 85
SBC Audited Acco unts For The Year 2007 ..................................................
86 - 97
1
NOTICE OF THE 17T H ANNUAL GENERAL MEETING OF THE SELANGOR BAR
The 17th Annual General Meeting of the Sel angor B ar will be held on Wedn esday, 25th Febru ary, 2009,
3.00 pm at the Kel ab Golf Sultan Abdul Azi z Shah, Shah Alam, Sel an gor Darul Ehsan.
AGENDA:
1.
To consider, and i f approved, to adopt t he Minut es of t he 15th Annual General M eet ing held on
Tuesday, 27th F ebruary, 2007;
2.
To discuss matt ers arising therefrom;
3.
To consi der t he Reports on the activities of the S elangor Bar for the year 2007/2008;
4.
To consi der, and if approved, t o adopt the Audit ed Accounts of t he S elangor Bar for t he year endi ng
31st December, 2007;
5.
To fix the Annual Subscription for t he year 2008;
6.
To el ect one (1) member as Chai rman of t he Sel angor Bar Committee for the year 2008/ 2009;
7.
To el ect ten (10) members as members of the Sel angor B ar Commit tee for the year 2008/2009;
8.
To el ect one (1) member to represent Sel angor B ar on the Bar Council for the year 2008/2009;
9.
General.
The quorum for the Annual General Meeting shall be 168 memb ers whi ch represent five percent of t he tot al
number of members of t he Selangor Bar (3,341) as at the dat e of this noti ce.
In t he event the required quorum is not present wit hin one hour from t he ti me appoi nted for hol ding the
meeting, the Annual General Meeti ng shall be adjourned t o the following day at t he same time and pl ace i. e.
to 28th February 2008, 3.00 p. m. at the Kelab Golf Sultan Abdul Azi z Shah, Shah Al am, S elangor.
In t he event the required quorum is not present wit hin one hour from t he ti me appoi nted for hol ding the
adj ourned meeti ng, the members present shall constit ute the quorum.
Dat ed: 14t h January, 2008
A.G. Kalid as
Hon orary S ecretary
Sel angor Bar Committee
NOTE:
1. Members are kindly requested to make every effort to att end the meeting punctually to ensure quorum
for the Meeting.
2. Registration Counters will be opened from 1.00 p.m. onwards and light refreshments will be served.
3. Only members of the Sel angor Bar shall be entitled to attend and vote at the Meeting. Pupils may att end
as observes but shall not vot e and shall be seated only at the area(s) designat ed for pupils.
4. At the Meeting every member present shall have one vote and where there is an equality of vot es, the
presi ding member shall have a casting vote.
5. All members shall, upon registering thei r names, wear their Tags for the purpose of identi fication and
admission.
6. If any member desires to propose any motion to be considered at the Annual General Meeting, t he
member shall serve to the Secretary of the Sel angor Bar Committee a noti ce of such motion in writing on
or before 20th February 2008.
2
16TH ANNUAL G ENERAL MEETING
CHAIRM AN’S REPORT
R V Lingam
A.
Introd uctio n
It is a gr eat Honour for m e as the Chairm an of the Selan gor Bar Comm ittee ( SBC) to report
to all our Selan gor member s of the activities of the Selan gor Bar for the term 2007-2008.
The SBC through its var io us Sub- Com mittees have or ganised an d carried o ut several
appropriate activities for the benefit of o ur mem bers an d the detailed reports are fo und in
the respective Ann ual Report of the Sub- Com mittee.
As the Chairm an it is also my humble duty to high light the main activities an d also
important developments of the Selan gor Bar as o ur prim ary objective is to up grade the
standar d of the Legal Profession as well as to protect the interest and welfare of o ur
members.
B.
The Secreta riat
st
From the time of m oving into our own building i. e 1 April 2006 the secretariat staff occupy
the Gro un d Floor and the Fir st Floor comprises of the Selangor Legal Aid Centre an d the
Library. The Auditorium and the Conference Room are stationed at the Secon d Floor of o ur
buildin g.
The maintenance of the building is no w bein g m anaged by the Selangor Bar and there were
som e m inor defects an d repairs were carried o ut by the SBC at a reasonable cost as this
wo uld be a contin uing process.
th
The Secretariat is curr ently m anaged without an Ex ecutive Secr etary sin ce 17 August 2007
and we have f ive (5) staff who have p erform ed well without an Executive Secretary for the
term 2007-2008. The diver sified needs of our m ember s hav e been taken care of with
minimal complaints.
C.
Com mittee Activities
The Primary Objective of the SBC is basically to protect the interests an d welfare of o ur
members and at the sam e time to im prove and up grade the standar d of our lawy ers
practicing in Selan gor.
To achieve that, the Selangor Bar this year has substantially succeeded in achiev ing its
objectives by havin g courtesy calls an d m eetings as follo ws:(1) Meetings with the Chief Justice (CJ) Y. A.A T un Dato’ Sri Ahm ad Fair uz bin Dato’
Sheikh Abdul Halim and the Ch ief Judge of Malay a (CJM) Y. A.A Dato’ Alauddin bin
Dato’ Mohd Sheriff.
(2) Meeting with the High co urt Judges of Shah Alam Selan gor an d Kuala Lum pur.
20
(3) Meeting with the Attorney General Tan Sri Ghan i Patel.
(4) Meeting with the Selan gor St ate Legal Advisor Dato Zauyah Bte Lothkan and the Head
of Prosecution Encik Nik Suh aim i.
(5) Meeting with Datin Zabariah Head of the Subodinate Co urts Selan gor, the Sessions
Judges, Magistrate and Registrars of Selangor Co urts.
(6) Meeting with the Chief Police Off icer ( CPO) Selangor an d the Heads of the District
Police Station s.
(7) Meeting with the Lan d Off ices, Stam pin g Office Selangor.
- Durin g the co urtesy calls with the CJ and CJM the SBC addressed several important
issues faced by the Selangor Bar m em ber s, in particular the movin g of the two Shah
Alam Civil Session s Co urts No: 2 an d 4 to Denmark House Kuala Lum pur which
caused so much inconvenience to our mem bers an d the public an d what are the steps
taken to rem edy the situation.
- Other issues raised are as fo llows:(i)
Pertaining to shortage of car park s at the Shah Alam Courts an d Duta Complex
were also raised.
(ii)
Backlo g of cases an d long dates
Certificates Of Ur gency h ave been filed.
given
for ur gent
m atters
where
(iii) Shortage of High Court Judges in Selan gor and the delay in replacem ent of the
Magistrate in Klan g co urt.
(iv) To Stan dar dise Case Managem ent in all courts.
(8) Sports
An important event as regar ds sports for this term was the Selan gor Law Gam es and
th
Fam ily Day held at the UITM Sports Complex on 4 August 2007 which was jointly
organised project by the Selangor Courts, Selangor Police, Selan gor Bar Com mittee
and Un iver siti Teknologi Mara ( UITM) which hosted this event. It was a very
successf ul event an d all p arties have agreed to organise such an event at least once in
three years.
(9) Selangor Legal Aid C entre
Apart from the various activities carr ied o ut by the Selangor Legal Aid Centre to
improve the Legal Aid Sy stem and to benefit the poor and needy litigants, this year we
have opened another Legal Aid Centre in Kuala Selangor which has started its operation
with effect from 10th Decem ber 2007 to cater for the rural residents in the outskirts of
Selangor.
(10)Chambering Pupils/ Young Lawyers
The Bar Co un cil has now revam ped the Ethics Pro gramm e for the Ch am ber ing pupils
and the Selangor Bar Com mittee have br iefed all P upils of the new program me during
the introductory session to prepare themselv es.
21
The Cham berin g Pup ils and Yo ung Lawyer s Sub- Comm ittee organised a trip to the
rd
th
Kuchin g Co urts in Sarawak from 23 to 25 Novem ber 2007.
It was a fr uitful visit and we wish to thank the Chief Justice of Sabah & Sarawak Y. A.A
Tan Sri Dato Rich ar d Malanjum , Y. A. Tuan Ham id Sultan Bin Abu Backer Judicial
Com missioner, the Sessions Judges, Magistrates, Registrars an d also not forgetting the
Chairm an and member s of the Kuching an d Sarawak Advocates Association for their
hospitality.
The Selan gor members had the benefit of viewin g live-video conferen cin g and
com puterisation of the Kuching Co urts an d there were exchange of views regarding
several issues bet ween members of o ur Selan gor Bar an d the Kuching an d Sar awak Bar
members.
(11)Other Activities o f SBC
The SBC also or ganised a Forum on “No Fault Liability Scheme” on 21 st Nov ember
2007 wher e our Selan gor Bar member s actively participated in the For um and pr esented
their views to the Task Force appointed by the Bar Council.
The SBC also or ganised the “Bar Council Walkabout” on 7 th September 2007 at the
Selangor Bar Auditorium wherein the Bar Co un cil m em ber s had the opportunity to hear
the problem s an d issues f aced by o ur Selangor Bar m em bers.
In not forgetting o ur social ev ents or gan ised by the Social & Welfare Sub- Com mittee
the usual Malam Suai Mesra nam ed as “Retro Night” was held at Shah Village Hotel,
th
Petaling Jaya on 25 May 2007 an d the Ann ual Dinner an d Dance was held at the
nd
Concor de Hotel Shah Alam on 2 November 2007 with reasonably goo d participation
from our m em bers.
(12)Co nference/Conventio n
Apart from the Continuin g Legal Education (CLE) and Convey ancin g Practice, SROE,
Corporate & Bankin g Law Comm ittees organ isin g sev eral talk s on important and
practical issues the SBC sponsored 20 members to attend the 14 th Malaysian Law
Confer ence or gan ised by the Bar Co uncil held at the Kuala Lumpur Convention Centre
th
st
(KLCC) for three day s from 29 to 31 Octo ber 2007.
As a m ark of enco uragem ent to our youn g lawyers the SBC also spon sored 10 of them
to attend the Third Yo un g Lawyers Convention 2008 from 18 th to 20 th January 2008 at
City Bayview, Pen ang.
The SBC have sacrificed tim e , money an d effort to im prove and also to assist our
young lawyer s to become com mitted to the Legal Profession as it is incum bent upon the
SBC to look into the interest an d welfare of the yo ung lawyers who con sist of the
majority of our membership in Selan gor.
(13)Ad- Rem
For this year we hav e only one (1) issue of the Ad Rem p ublish ed at the time of this
Report and the Secon d issue is in the process of p ublication.
The reason is due to lack of articles an d materials provided by m em ber s to the Editor
and the other reason is that the Editor Mr.Biliwi Sin gh has been workin g alone as
22
regards the Ad Rem and I per sonally wish to express my gratitude to Mr.Biliwi Sin gh
for all his hard work.
(14)Finance
This term the SBC has been very pr udent in the m anagem ent of fun ds an d have taken
rem edial m easures to cut costs e. g. reducing photostatin g, facsimile and telephone
char ges an d using E-m ail to Com municate with mem bers an d currently the SBC is quite
stable in its financial stan ding.
Ho wever due to escalatin g co st in the administration an d m anagem ent of the Secr etariat
due to incr ease in mem bership pro blems and also activities to cater for our member s, the
SBC m ay enco unter finan cial restraints in f uture an d this can only be solv ed by getting
income from other so urces e. g. or ganisin g seminar s, seekin g advertisements for o ur Ad
Rem an d by or gan isin g other form of income der ivin g projects.
(15)Library
The Library is quite well equipp ed with the purchase of new practitioners books and
Law Jo urnals and CLJ on line an d therefore there is an in crease in the usage of o ur
library activities compared to previo us year s as the library is also opened on Saturdays
from 9.00 a.m to 1.00 p.m .
(16)Future Challenges of Selangor Bar Committee
The main challenges of the Selan gor Bar Comm ittee are as follo ws:(i)
to ensure that the Secretariat is well equipped with dedicated an d experienced
staff to cater for the needs of o ur increasin g m em bership;
(ii)
our facilities at the Secretariat and Library are f urther im proved;
(iii)
to increase the level of particip ation of our m embers;
(iv)
and to ensure that the Incom ing Comm ittee wo uld en deavour to have a better
adm inistration of Justice System , a better and eff icient government authorities
e.g. Land Off ice, Stamp Office an d other related departments to enable o ur
members to have a better practice in the years to come. This y ear the Selan gor
Bar Comm ittee has already started to look into all those issues an d hope to
achiev e greater eff iciency in f uture.
(17)Acknowledgement and Conclusion
As the current Chairm an, and after servin g as the Bar Representative for the term 20062007 and also as a Comm ittee m ember for several year s, I wish to express m y personal
view that in or der to have a good Bar Comm ittee to achieve efficiency in all aspects we
need comm ittee m embers who are dedicated, hon est, in dustrious an d comm itted to carry
out this honorary po sition, other wise the SBC wo uld be hin dered in carry ing o ut its
objectives to the satisfaction of our m embers.
I therefore hum bly ur ge all our m em bers to be cautious an d prudent in exercisin g yo ur
right to elect suitable per sons to become Com mittee members for the next term .
It has been a great honour in serving as the Chairman for one term an d I wish to extend
my gratitude an d thanks to all the m ember s of the Selangor Bar, the Representative to
the Bar Co un cil, the Honor ary Secretary, the Comm ittee m embers, the staff of the
23
Secr etariat an d Legal Aid Centre an d to all others who h ave p articipated for their cooperation and support ren der ed durin g this term . I also wish to appeal to all m em ber s to
extend their moral support to the incoming Chairman an d the Committee m em bers.
R.V. LING AM
Chairm an
Selangor Bar Committee
24
ANNUAL REPO RT 2007 /08
AS AT 18TH JANUARY, 2008
1.
15TH ANNUAL GE NE RAL MEETING
The 15t h Annual General M eeting was hel d on Tuesday, 27th February, 2007 at 3. 00 p.m. at the
Functi on Room, Kel ab Shah Al am, S el angor Darul Ehsan.
2.
OFFICE BE ARERS
At the 15th Annual General Meeting the followi ng office bearers were el ect ed:
Chairman
: RV Lingam
Committ ee Members
: A. G. Kali das
Alvin Neo
Kunamony Kandi ah
N. Logend ran
Murali Vel autham
Ng Chung Yee
Rajpal Sin gh
Suraj Singh
Sumathi Muru gi ah
Su zan awati Ismail
Representative t o the
Bar Council
: George Varu ghese
3.
HONORARY S ECRET ARY
Mr. A.G. Kalidas was el ect ed as the Honorary S ecretary at t he fi rst meeti ng of the C ommitt ee.
4.
COMM ITT EE ME ETINGS
As at 18th January, 2008 the C ommitt ee met 12 ti mes and t he att endance of each member are as
foll ows:
RV Lingam
A. G. Kalidas
Al vin Neo
Kunamony Kandiah
N. Logendran
Murali Velautham
Ng Chung Yee
Raj pal Singh
Suraj Si ngh
Sumat hi Murugi ah
Suzanawati Ismail
- 12
- 12
-6
-9
-7
- 10
-6
- 12
-9
-6
- 11
George Varughese, the Represent ati ve to the B ar Council was invit ed t o att end all Committ ee
meetings as an observer and also to report to t he Bar Council mat ters rel evant to t he S el angor Bar as
and when perti nent and necessary. He att ended a total of 10 meeti ngs.
5.
FINANCE
The fi nanci al position of the Committ ee remains accept abl e. As at 31-12-2007 the accumul at ed
fund comprising of moni es i n fixed deposit i s RM290,918.00, Amanah R aya is RM265,803.00 and
current account i s about RM25,949. 00. Det ails of t he fi nancial position are as set out in the
Audited Account s endi ng 31-12-2007.
25
6.
SUB SCRIPTION
The subscri ption for the year 2007 was fi xed at RM150.00 at the 15th Annual General M eeti ng held
on 27th February, 2007.
As at 31-12-2007, a tot al of 256 members are still i n arrears of t he 2007 subscri ption amounting to
RM37,650. 00.
7.
NUMBE R OF ME MBE RS
As at 15th January, 2008 the Sel angor B ar has a t ot al of 3,341 members.
9.
SUB -COMMITTEES AND LE GAL AID
The Committ ee appoint ed the followi ng Sub-Committees to facilitat e the organisation of its various
activities:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
Chambering Pupils & Young Lawyers Affai rs'
Continuing Legal Education & Syari ah
Conveyancing Practi ce, SROE, C orporat e & Banking Law
Court Liaison
Finance, Secret ariat, Library & B uildi ng
Human Rights & Cri minal Law
Informat ion Technol ogy
Legal Aid
Publi cati on
Social, C harity & W elfare
Sports
10.
PET ITION FOR ADMISS ION
From 1st February, 2007 t o 15t h January, 2008, 129 P etiti ons for Admi ssion were served on the
Sel angor B ar C ommitt ee and 107 chamberi ng pupils were admitt ed t o the Bar during the year
2007/2008 in S el angor.
11.
OBITUARY
The Committ ee records with deep sorrow the passing away of 7 members of Selangor Bar namely: NO.
1
2
3
4
5
6
7
12.
NAME
Chai Kai W ooi
James Loh Ching Yew
Tan Ji ng P hong
Dato P alanivel oo a/l S angal imuthu (Dato S.P.Veloo)
Sonni Pill ai
Ni k Mari ah Bt Tan Sri Ahmad Kamil
Mohd S uradi B Makht ar
PASSE D AWAY ON
11/ 08/ 2006
25/ 11/ 2006
01/ 03/ 2007
23/ 05/ 2007
18/ 06/ 2007
15/ 10/ 2007
21/ 10/ 2007
ACKNOWL EDGE ME NT
The Committee acknowl edges the co-operati on and assistance recei ved from t he Chi ef Justice, the
Presi dent of the Court of Appeal, the Chi ef Judge of Mal aya, Judges of the F ederal Court, Judges of
the Court of Appeal, Judges of t he High Court s, the Attorney General, the St at e Legal Advi sor, the
Chi ef Police Offi cer of Sel angor, R egist rars of Shah Al am High Court, Sessions Court Judges and
Magi strates of S elangor, the Registrars of Lower Courts of Sel angor and all ot her court offi ci al s of
the Stat e of S el angor Darul Ehsan and the B ar Council during the year.
We express our gratitude and thanks to the Chi ef Judge of M al aya for all owing t he adjournment of
cases t o enable our members t o at tend t his 16th Annual General Meeting of t he S elangor Bar.
26
We wish to put on record our profound appreciati on to t he vol unt eer l awyers and chambering pupils
who rendered their servi ces t o the Legal Ai d Cent re and also to members of the vari ous SubCommitt ees who have i n one way or anot her hel ped and contributed towards the success of the
events held duri ng t he year under revi ew.
Last but in no way l east, we thank all our members for thei r continuous support and co-operati on
and hope that t hey would continue to ext end t he same to the i ncoming Committee.
Report submitt ed for and on behalf of the Committee by:
A.G. KALIDAS
Hon orary S ecretary
Sel angor Bar Committee
27
SUB- COMMITTEE REPORTS
CHAMBERING PUPILS AND YOUNG LAWYERS AFFAIRS
Chairperson
:
Co-Chairperson :
Murali Velautham
Ng Chun g Yee
Mem bers
:
Johanna Soloman
V. Pavani
Jane Mary Pragasam
Savinderjeet Kaur
Tejindarpal Kaur
Ponm alar
Mishant Thiruchelvam
Visnuvarm a
Norm ala Mohamad Mukhtar
Ex-officio
:
RV Lingam
A.G. Kalidas
Murali Velau tham
Ng Chung Yee
The Chambering Pupils & Young Lawyers Affairs Sub-Committee apart from organising several
Introductory sessions for the chambering pupils, we have also organised the following talks, seminars and
events, as follows:1. BANKING LITIGATIO N - FO RECLOSURE PROC EEDINGS
This talk was conducted by Mr Suresh Sachinathan of Messrs Rastam Singa & Co. Approxim ately 29
m embers and pupils attended this talk.
2. BANKRUPTCY - ITS EFFECT AND TH E LAW
This talk was con ducted by Ms. Tejinderpal Kaur who was an Official Assignee for many years. A total
of 37 members and cham bering pupils attended this talk.
3. SELANGO R LAW GAMES AND FAMILY DAY
This event was held on 4 th August 2007 at UITM between the Selangor Bar Committee, UITM, the
Selangor Judiciary and the Selangor Police Contingent.
This sub-committee took charge of the Fam ily Day event where 14 stalls were set up by all the above
parties. The Selan gor Bar set up 6 stalls comprising of food, drinks, clothing, henna tattoo and other
stalls. We also hired a clown to entertain the children.
Further this sub-committee also helped out in the Opening and Closing Cerem ony. The opening
cerem ony was officiated by YA Datuk Su Geok Yim and the closing ceremony was officiated by YA
Tuan Abang Iskandar Bin Abang Hashim . Overall this was a very successful event and the Dean of
UITM has indicated to continue this event with the incoming comm ittee.
28
4. TRIP TO KUCH ING COURTS
This trip was attended by a team of 19 m em bers including the Chairman and Secretary of the Selan gor
Bar Committee from 23.11.07- 25.11.07.
The team left for Kuching on 23.11.07 and upon arrival we were given a warm welcome by the
Kuching Bar i.e. the Kuchin g Bar Chairman Mr. Khairil Azmi and Mr Sabarjit Singh. We were then
taken for a delicious breakfast "Laksa Sarawak". We left for the Kuching Courts in the afternoon and
were briefed on the video conferencing by two of the Sessions Court judges Puan Robzariah Bt Bujang
and Mr Nixon Kennedy. We watched two cases via video conferencing between the Kuchin g court
and the Sibu and Miri Courts. Further, we were also shown and explained to us in detail about the
process of filing court docum ents, and taken on a tour of the Courts.
We also had the opportunity to view the launching of the Computerisation of the Sessions Co urt. This
function was attended by the Chief Judge of Sabah & Sarawak, YAA Tan Sri Dato’ Richard Malanjum .
We also witnessed the first case via computerisation in the Session Court by Sessions Court Judge
Puan Anelaphy Parnell. Finally, we were invited for tea with the Session court Judges and the CJ.
In the night a wonderful dinner was organised by YA Tuan Ham id Sultan Bin Abu Backer. This
dinner was also attended by the Chief Judge, the Kuching Bar and our team .
On day t wo, our team played futsall with the Kuching Bar and the score was level. Our team was also
taken to few of the m ain sights in Kuchin g. In the night the Kuching Bar organised a dinner which was
also attended by the Sarawak Advocates President Mr Sim Hui Chuang an d the Sessions Court Judge
Mr.Nixon Kennedy. Our Chairm an, Mr R.V.Lingam presented a token of appreciation to the Chairman
of the Kuching Bar and The Sarawak Advocates President. Finally all adjourned for a karaoke session.
Day three, was free and easy day for our m embers to do som e shopping. We flew back in the
afternoon.
The committee would like to thank Mr Puspalingam , without whom the Sarawak trip would not have
m aterialised.
5. YO UNG LAWYERS CO NVENTIO N
This convention was attended by 8 m embers of the Selangor Bar where all eight members were
sponsored by Selangor BAR. It was held from 18-20th January in Penang.
Every state Bar was given an opportunity to attended this convention. One of our members who
attended this convention Mr Mishant Thiruchelvam , was invited to give a short talk on the topic of
“The Tired Bar”.
Our m em bers who attended this convention informed us that it was very beneficial as the talks which
were given were very inform ative.
6. ADMISSIO N TO THE BAR
Throughout the year this committee was involved in a number of admissions to the Bar where a total of
29 admissions to the Bar were held in the Shah Alam High Court.
29
Finally, I would also like to take this opportunity to thank all my sub-com mittee mem bers who have
worked very hard to make all the events organised by this sub-committee a success an d without whom this
sub comm ittee is meaningless.
Report submitted by:
MURALI VELAUTHAM
Chairperson,
Cham bering Pupils & Young Lawyers Affairs Sub-Committee
30
SUB- COM MITTEE REP ORTS
CONTINUING LEGAL EDUCATION & SYARIAH
CONTINUING LEGAL EDUCATION
Chairperson
:
Co- Chairperson :
Alvin Neo
Suzanawati Ism ail
Members
:
Ng Chun g Yee
Kir upak aran
Johanna Solom an
V. Pavan i
Nisha Supaya
Jane Mary Pragasam
Savinderjeet Kaur
Logendran
Ex-officio
:
RV Lin gam
A.G. Kalidas
Alvin Neo
Suzanawati Ismail
For this term as the Chairm an of the CLE Sub- Comm ittee, we in the sub-com mittees have
conducted sev eral sem inar s an d talks for the benefit of our m em ber s as follows:1.
DATE
TIME
VENUE
SP EAKERS
ST
: 1 JUNE 2007
: 3PM-6PM
: SELANGOR BAR COMMITTEE AUDITORI UM
: MS SUMATHI MURUGI AH;
MS. GRACE DHI LLON;
MS. SHUNITA M AGHJI;
MR. MOHAN SI VASUBRAMANI AM;
CI K. NOOR SUHAI LA BT SAAD; AND
MR. SANDOSH ANANDAN
TALK ENTITLED :“AN OVERVIEW UNDERSTANDING OF: THE STRATA TITLES
(AMENDMENT) ACT 2007, THE HOUSI NG DEVELOPMENT
(CONTROL & LICENSING) (AMENDMENT) ACT 2007 AND THE
BUILDING & COMMON PROPERTIES (MAINTENANCE AND
MANAGEMENT) ACT 2007”
ATTENDANCE
: 71
The talk was divided into 3 parts. Mr. Sando sh, assisted by Cik Noor Suh aila presented the talk
on Housin g Developm ent (Control & Licensing) (Amen dment) Act 2007.
Ms. Sumathi with the assistance of Ms Grace discussed the Buildin g & Comm on Properties
(Maintenance & Management) Act 2007 an d Mr. Mohan Ms Shun ita spoke on the Strata
31
Titles (Am endment) Act 2007.
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2. DATE
: 27 JULY 2007
TIME
: 2.30PM – 6.30PM
VENUE
: SELANGOR BAR COMMITTEE AUDITORI UM
SPEAKERS
: MR BALWANT SINGH SIDHU
TALK ENTITLED: “CONVERSION OF A SPOUSE IN A NON-MUSLIM MARRI AGE:
EFFECT S AND CONSEQUENCES & ALL YOUR OTHER FAMILY
LAW QUESTIONS ANSW ERED”
ATTENDANCE : 25
Mr. Balwant spoke at len gth on the issues ar isin g from a conv ersion such as the rights of the
parent to convert their child’s/children’s faith, care an d custody of the child/children.
Jurisdiction s of the Civil and Syariah Co urts wer e also discussed at the event.
3.
DATE
TIME
VENUE
EVENT
: 25 August 2007
: 9PM – 5.30PM
: LAW FACULTY, UNI VERSITY MALAYSI A
: LAW CAREER 2007
This is an annual event organized by the Law Faculty of Univ ersity Malaya. The
Sub- Comm ittee was invited this y ear an d was given a booth. Our Mr. Lo gen dran, Mr. Rajp al,
Mr. Kir upakaran an d Mr. Neo attended the same. Private f irms wer e also inv ited wh ereby talks
on specific areas of the law were presented.
There was a good attendance at the event as students an d yo un g lawyers en quired on the nat ure
and work of the no ble prof ession.
4. NO FAULT LIABILITY ON INSURANCE CLAIM: EFFECT ON THE PROFESSION AND
LIABILITY
-To be scheduled in 2008
- Speak ers and dates h ave yet to be confirmed.
5. CRIMINAL P ROCEDURE CODE: THE 2007 AMENDMENT S AND IT’ S EFFECT
-To be scheduled in 2008
- Speak ers and date are have yet to be confirm ed.
ALVIN NEO
Chairperson,
Contin uing Legal Education Sub- Com mittee
32
CONTINUING LEGAL EDUCATION & SYARIAH
SYARIAH
Chairperson
:
Suzanawati Ism ail
Members
:
Jam ilah Bt Hj Radzi
Fir daus Bt A Hussain
Kam a Azura Bt Md Kamel
Rodziah Ro sy Bt Daud
Herlina Ahm ad Basri
Mardhiah Binti Kassim
Zain uddin Bin Abdul Razak
Suriah Binti Har is Fadilah.
Ex-officio
:
RV Lin gam
A.G. Kalidas
Suzanawati Ismail
This year I hav e been entrusted to chair this sub-com mittee.
Since we have not many lawyer s who practice in this field an d co up led with the fact that Syar iah
practitioners have their o wn society governin g them , it was rather difficult to coordinate activities
for syariah lawyer s.
Despite the im pediments, we had managed to gather syariah lawy ers and addr essed their problems
before making an appo intment with Ket ua Hakim Sy arie’ Selan gor.
Our meeting with the Honour able Sy arie’ Judge was cor dial, an d h e welcomed respon ses, ideas and
accepts short-com ings an d readily open for future meetings by the Sy ariah Bar mem ber s and
him self.
Occassion ally, we do sen d o ut letters to lawy ers to o btain feedback on the syariah practice in
Selangor.
Last but not least, we hope m uch more can be done in f ut ure with strong response and help more
members concerned in this area of practice. I thank the m ain comm ittee and m y sub- com mittee
members for their coop eration an d support.
SUZANAWATI ISMAIL
Chairperson,
Syariah Sub-Comm ittee
33
CONVEYANCING PRACTICE, SROE, CORPORATE & BANKING LAW
Chairperson
:
Sum athi M urugiah
Members
:
Grace Dhillon
Sh unita Maghji
Mohan Sivasubram aniam
Noor Suhaila Bt Saad
San dosh An an dan
Ex-officio
:
RV Lin gam
A. G. Kalidas
Sum athi Murugiah
Another year has been completed an d it is time again for this Sub- Com mittee to report to members
of the Selan gor Bar the tasks which had been un dertaken througho ut the year.
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The first event which was hosted by this Sub- Comm ittee ie. on 4 May 2007 was the meetin g with
the Directors of the Inland Reven ue Boar d (I RB) of the State of Selan gor (Shah Alam, Klan g an d
Petaling Jay a). This meeting had enabled us to raise m any issues wh ich were of great concern to
members of the Selan gor Bar. Altho ugh, the meetin g was successf ul in terms of creatin g a cor dial
relationship bet ween the Selan gor Bar Committee and the IRB of Selangor, we had only managed
to receive clarification s on certain issues which we h ad raised. Ho wever, we had again r aised
sim ilar issues at the m eeting with the IRB Malay sia wh ich was held on 4 th Decem ber 2007 wher ein
we wer e invited as representatives from the State of Selan gor. The I RB Malay sia had agreed to
have dialo gue session s with members of the Bar (represented by the Bar Council and State Bar
representatives) in or der to address and resolve ( if possible) the queries from members of the Bar
with the view of creating a better workin g relationship and environment.
Pursuant to the m eeting bet ween this Sub- Comm ittee and the I RB of Selan gor, the I RB of
Selangor had graciously volunteered to conduct a talk on " E-Filling and E- Stam pin g" which was
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held on 20 June 2007. The talk was very informative and well received by Members of the
Selangor Bar.
st
On 1 June 2007, the member s of this Sub-Comm ittee held a talk entitled "An Ov erview
Un der standing Of : The Strata Titles (Am en dment) Act 2007, The Housin g Development (Control
& Licencin g) ( Am endment) Act 2007 An d The Buildin g & Comm on Properties (Maintenance And
Management) Act 2007". This was con ducted by the members of this Sub- Comm ittee with the
view of assistin g the m em ber s of the Selangor Bar to un der stand the effects of the said am endments
th
and the new Act which had come into force on 12 April 2007. W e had an over whelming t urn o ut
for this talk.
Pursuant to a com plaint from a member of the Selan gor Bar that the Petaling Lan d Office was
rejectin g registrations of private caveats by p urch aser(s) of a sale & p urch ase transaction if the
sam e was not attached with a copy of the sale & purchase agreement and as this requirem ent is not
in accor dance with the NLC, we h ad to p ut an imm ediate stop to this requirement hence this
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prompted us to have a m eetin g with the Officer s of the Petaling Lan d Off ice on 17 September
2007. We managed to resolve this m atter and since then they have ceased their pr actice of insisting
for a copy of the sale & purchase agr eem ent to be attached with the private caveat forms.
34
As a follo w-up to the m eeting which was held between this Sub- Com mittee and the Pengarah
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Tanah dan Galian Selangor ( PT G Shah Alam ) on 14 Febr uary 2007 (attended by the previo us
members of the Selan gor Bar Com mittee and the Sub-Committee), we wer e called for a m eeting on
14 th Novem ber 2007. In both these m eetings we had raised m any issues which wo uld enable
transactions at the PTG Shah Alam to be more efficient, faster an d convenient for both the
members of the Bar an d the PTG Shah Alam . En. Abd. Nasir, Pen gar ah at the PTG Shah Alam had
been very approachable, receptive and enco ur agin g in wanting to reso lve issues in a pro active
manner in both the m eetings. We also prom ised to work with the PTG Shah Alam by providin g
them with the latest directory of the Members of the Selan gor Bar and assistin g them to contact or
sen d letters to members of the Selan gor Bar who had failed to collect their documents from PTG
Shah Alam . As a result of o ur m eetings with the PTG Shah Alam , their co unter s are open no w for
transactions durin g lunch tim e on every work in g day except on Friday s. In the f irst m eeting (h eld
on 14th February 2007) the Pengarah had agreed to meet us t wice a year to discuss and reso lve (if
possible) issues or matters arisin g in r elation to PTG Sh ah Alam . As agreed by the Tuan Pen garah,
we had two m eetings this y ear and we hope to continue this goo d workin g relationsh ip for the
betterm ent of all parties.
Overall, this year had been a trying year for this Sub-Committee especially havin g to deal with the
th
com ing into force of the Amendm ents an d the New Act on 12 April 2007 an d the constant issues
which h ad to be dealt with at the PTG Shah Alam. W e had tried our best to resolve if not all, at
least m ost of the issues wh ich were brought to our attention.
We sincer ely hope that m em ber s had taken the opportunity to browse through the website and
gained the information posted on it pertainin g to conveyancing issues.
Last but not least, I as Chairp erson of this Sub- Comm ittee wo uld like to take this opportunity to
thank all m y Sub- Com mittee members who had sacrificed their precio us tim e in assisting m e and
for bein g there to carry o ut this Sub-Comm ittee’s un dertakin gs. I would like to also thank the
members of the Selan gor Bar Committee for their support an d enco uragem ent sho wn to me in
carryin g o ut m y duties dur ing my tenure.
Thank you.
Sumathi Murugiah
Chairperson,
Convey ancing Practice, SROE, Corporate & Bankin g Law Sub- Comm ittee
35
COURT LIAISON & PUBLICATION
COURT LIAISON
Chairperson
:
Kunam ony Kan diah
Members
:
Savinderjeet Kaur
Dheem a Ariyap ala
P. Dev An and Pillai
Logen dran
Ganesar ajah
Yesotha Nathan
Teoh Lib Peng
Neo Lok Tian
Kunam ony Kandiah
Ex-Officio :
R. V. Lingam
A. G. Kalidas
The Court Liaison Sub-Comm ittee in the year 2007 had its fair sh are of schedule hav in g met with
the various High and Subordinate Co urt officer s in Selangor an d in Kuala Lumpur. Courtesy calls
and meetin gs with the High Co urt Judges, Session s Court Judges an d Magistrates are stated as
follo ws:th
1)
4 May 2007 – Sh ah Alam Sessions Co urt (Judges, Magistrates, Public Prosecutors and
Registrars from Shah Alam , Ban gi, Selayang an d Kuala Kubu Bahr u Co urts);
2)
8 June 2007 – Puan Noradidah Binti Haji Ahmad – Judge, Magistrates, Public
Prosecutor and Registrars from Ampang Co urt;
3)
15 th June 2007 – Y.A. A. Tun Ahmad Fairuz Bin Dato’ Sheikh, Chief Justice and Chief
Registrar of the Federal Co urt;
4)
19 Septem ber 2007 – Selangor St ate Legal Adv isor – Dat uk Zauyah and Dep uty Public
Prosecutors;
5)
25 October 2007 – Meetin g with Judges of the Civ il Div ision of KL Subor din ate
Co urt;
6)
26 th October 2007 – Y. A. Datuk Syed Ahmad Helmy Bin Syed Ahmad, Sh ah Alam
High Co urt (Hakim Kanan) an d other High Court Judges at Shah Alam ;
7)
20 th Novem ber 2007 – Meetin g with Judge of the Family Division of KL High Co urt;
8)
5 Decem ber 2007 – YAA Dato Alauddin Bin Dato Mohd Sheriff, Chief Judge of
Malaya; an d
9)
18 th Jan uary 2008 - Meetin g with Judges of the Com mercial Div ision of KL High Co urt.
th
th
th
th
The purpo ses of these m eetings were pr imarily to p ut forth the pro blem s faced by lawy ers
practicing in the St ate of Selan gor Dar ul Ehsan when dealin g with the mem bers of the judiciary and
36
the court staff. The m ajor issues raised dur ing the meetings were sp ecif ically in relation to filing
and extraction of documents. Power of Attorney, misplaced / m issin g f iles and docum ents, Letter of
Administrations, Probate matters, striking off cases, co urt attire, attitude of court’s staff and
lawy ers, inadequate parkin g space, late arrival of pr ison ers.
In the year 2007, not only we witnessed the appointment of Judicial Comm issioners but the
assignm ent of additional judges to the Shah Alam High Co urt. Hence crim inal m atters at the Shah
Alam High Co urt are able to be dispo sed off with shorter dates, but unfortunately it is not the case
for civil m atters because there are still only there (3) judges sitting to dispose off civil m atters for
the State of Selangor. This is grossly in adequate for a developed state like Selangor.
In the early part of 2007, lawyer s wer e also taken by surpr ise when the Civil Sessions Co urt II and
Sessions Co urt IV, moved to Denmark House at Kuala Lumpur to accom modate the setting up of
an additional High Co urt at Shah Alam. In view of the gro ss inconv enien ce, repr esentations have
been m ade to the Chief Judge of the High Co urt of Malaya and the Ch ief Justice to relocate the said
Sessions co urts back to Sh ah Alam. We hope this will materialise sometime in 2008. B. C. Box es
were also relo cated to the new site near the canteen to facilitate easy access for solicitors an d their
staff from the north side of the buildin g.
A.
th
Meeting with Y.A. Datuk Syed Ahmad Helmy Bin Syed Ahmad on 26 O ctober 2007
st
We had o ur 1 m eeting with Y. A. Dat uk Syed Ahmad Helm y Bin Syed Ahm ad and all
other Selan gor High Court Judges an d Judicial Com missioner s. W e had the opportunity to
raise issues an d p ut forth pro blems and com plaints comm only raised by lawyer s. I ssue of
long hear in g dates for matters wh ich required to be hear d urgently supported with
certificates of urgency was also raised. Adjo urnment of cases at short notice, striking out of
cases was also raised. Bankr uptcy matters – lawyer s having to wait lon g perio ds to be heard
because of late arriv al of Bankr uptcy Officer s. The issue of m isplaced f iles was also
discussed.
The Yang Ar if has gracio usly agreed to look into these ur gent problems an d at the same
tim e inform ed us that the volume of cases filed in Shah Alam High Co urt is im mense.
B.
Meeting with Kuala Lum pur C ourt Judges
Recognisin g that many lawyers in Selan gor also appear and repr esent their client at the
Kuala Lum pur Co urt and in trying to resolv e some of the problems faced, the Co urt Liaison
Com mittee on the invitation of the KL Bar Com mittee m et with the Judges, Sessions Judges
of the KL Courts.
C.
Meeting with Chief Judge of Malaya at Putrajaya
Issues and lawyer s grievance was raised; includin g the atitude an d the r ude treatm ent
accorded to Selan gor Bar members by certain mem ber s of the judiciary were r aised. The
lack of Civ il High Co urts for the State of Selangor resulting in long hearin g dates. Nonreplacement of Magistrates who were tran sferred at short notice, causin g cases to be
adjo urned p en ding the appointment of new judicial officers, were som e of the issues raised.
The Chief Judge agreed to attend to the problem s raised.
Members who hav e wr itten their com plaints to the Secretariat were attended to an d their com plaints
have been r eso lved. Since not many com plaints were r eceived, the sub- comm ittee will assum e that
37
lawy ers are generally satisfied with the state of affair s at the co urt registries. But if this not the case
the members ar e en co uraged to write their complaints because only on receipt can these complaints
be addressed.
The comm ittee also wishes to state that to have an effective sub- com mittees, we need the full cooperation of all members to give us a f eed back on whether their gr ievances has been reso lved.
I also take this opport unity to thank all sub-comm ittees mem bers for their services to the
com mittee.
Kunam ony Kandiah
Chairperson,
Co urt Liaison Sub- Comm ittee
38
COURT LIAISON & PUBLICATION
PUBLICATION
Chairperson
:
Kunam ony Kan diah
Members
:
Tieh Siaw Sion g
Logen dran
Editorial Boar d
:
Biliwi Sin gh
Zalina Abidin
Gerard Lazarus
Balan Nair
Shanta Kum ar
Advisors
:
S. S Muker
S. S. Ravich an dran
George Var ugh ese
Ex-Officio
:
R. V. Lingam
A. G. Kalidass
Kunamony Kandiah
The year 2007 was a fr uitf ul one with the publication of newsletter Ad Rem, although we had
hiccup s in the early part of the calendar y ear. The license to facilitate printing of Ad Rem had
lapsed and had to be renewed by makin g the necessary representations to the relevant authorities.
The license was o btained on 10 April 2007. Havin g overcom e the license issue, the agreement
entered with a third party to produce the magazin e was saddled with problem s as there were
rd
com munication br eak do wns on how the magazine wo uld be portrayed an d what part the 3 Party
played in the p ublication of the Ad Rem.
Having put things in place, the editorial board took the task under the win gs of Biliwi Sin gh to
com e up with an issue in the later part of this y ear. In my mind the issue was informative, made
interesting reading an d was well r eceived.
Advertisem ent revenue was weak, but hopes that we would be able to improve on this with the
assistance of all m em ber s of the Selangor Bar. In o ur 1 st issue of the Ad Rem for 2007, we were
only able to obtain two (2) adv ertisements through the assistance of Mr. R. V. Lin gam and Mr.
Sivapr agasam A/L P. Kum aran. After all it is yo ur m agazine an d on ly the mem ber s can help r educe
the publication co st which is on the up war d tren d.
Biliwi Sin gh an d his editorial bo ard have carried o ut their job diligently and have con ducted some
profile interviews with formidable Malay sian figur es. W e hope to p ublish the second issue without
having to put a financial strain on the coff ers of Selangor Bar.
I further wish to extend my gr atitude and appreciation to the Editorial Board who worked and
sacr ificed their tim e to publish the AdRem.
Kunam ony Kandiah
Chairperson,
Publication Sub-Comm ittee
39
SUB-COMMITTEE REPORTS
HUMAN RIGHTS AND CRIMINAL LAW
Chairperson
Co-Chairperson
:
:
Suraj Singh
M urali Velautham
M embers
:
Jagathisvaran Ramachandran (Honorary Secretary)
Rajpal Singh
Salim Bashir
James George
Sreekant Pillai
Vasudevan
Wan M . Razali Bin Wan A. Kadir
Sukhdev Singh
Kailesh
Ex-Officio
:
R. V. Lingam
A.G. Kalidas
Suraj S ingh
Murali Velautham
INTRODUCTION
Similar to the year 2006/2007, the Selangor Bar, Human Rights and Criminal Law Sub-Committee
(HR & CL SC) members were selected to represent the various districts in Selangor. The selection
process was based on the locality the members are practicing and/or frequently appearing in the courts.
M ost of the members who were actively involved in the HR & CL SC in the year 2006/2007 have
shown their interest and were keen to be part of the sub-committee for the year 2007/2008.
The members participated actively in various discussions and meetings held internally and with other
government bodies as part of the HR & CL SC agenda for the year 2007/2008 in order to meet the
challenges in human rights and criminal law within our vicinity. The members have been supportive of
the agenda and interacted without fear or favour during the deliberations.
S UB-COMMITTEE - OBJECTIVES
A barrister or an advocate plays a crucial role in the upholding of the Rule of Law in any democracy
despite the legal profession being classified by the ignorant as second to the oldest profession in the
world. There can be no doubt it is the barrister and the advocate who are best equipped to ensure the
Rule of Law is nurtured and enhanced in society.
With the above in mind, the objectives of the HR & CL SC for the year 2007/2008 are to have as many
discussions and meetings possible with the government bodies to deliberate on various issues
concerning human rights and criminal law. The HR & CL SC felt that there is definitely a need to
create an effective networking with these government bodies to explore the various concerns of the HR
& CL SC and vice versa in appreciating the topic governing human rights and criminal law. The HR &
CL SC believed that networking with these government bodies would allow parties to exchange their
ideas and views and most importantly facilitating the practice of human rights and criminal law.
40
Ultimately, the lawyers and public as a whole would benefit from the deliberations concerning various
human rights and criminal law issues.
COURTES Y CALLS
Through our internal discussions and meetings, the HR & CL SC short listed several government
bodies for the purposes of meeting and deliberating on issues concerning human rights and criminal
law. Whilst we have attempted to arrange for courtesy calls, we must admit that few of these
government bodies although initially were willing to meet up with us, somehow or rather had to call
off the meetings due to unavoidable circumstances. Nevertheless, we are determined to meet up with
these government bodies by the end of February 2008, if time permits. The courtesy calls held were on
the following government bodies:
a)
b)
c)
d)
e)
f)
1.
Sungai Buloh Prison on 24.04.2007
Immigration Department, Selangor on 19.06.2007
OCPD Shah Alam on 05.07.2007
Chemistry Department, Malaysia on 11.07.2007
OCPD Kuala Langat on 17.08.2007; and
Head of Prosecution of Selangor on 16.11.2007
S UNGAI BULOH PRIS ON
The meeting was chaired by Tuan Darussalam, Director, Sungai Buloh Prison. According
to Tuan Darussalam, as at 24.04.2007, the Prison has 5,554 inmates, out of which 4,861 (5
blocks) were under remand whilst 693 (1 block) convicted. There were approximately 900
inmates (Tahanan M ahkamah Tinggi) for M elaka, Seremban and Selangor that have been sent to
the Prison. The Prison was too congested with inmates. In order to achieve the comfortable level,
it was suggested that the Prison should only house 2,500 inmates. It was also quite difficult to
achieve the Prison’s target due to overcrowding. There were approximately 1,000 foreign
inmates in the Prison.
Tuan Darussalam informed the members that there were approximately 700 wardens in the
Prison. We were informed that the increase in the foreign numbers is due to the Immigration Act
which does not allow them to be kept at the camp but the Prison. According to Tuan Darussalam,
each block shall be observed by an officer assisted by 3 or 4 wardens. There were also HIV
inmates, approximately 200 of them and they were segregated from the rest. Tuan Darussalam
was not certain on the number of death cases reported in the Prison. According to him, fights
occur in the Prison because the inmates seem to have their own priorities. The wardens are not
able to stop any fights in the Prison cells as the numbers are too large to handle. It is for security
reasons that the wardens refrain from getting involved.
2.
IMMIGRATION DEPARTMENT
The meeting was chaired by Tuan Che Mamat, Director, Immigration Department,
Selangor. We enquired if overcrowding was an issue in Semenyih and Lengging camps.
According to Tuan Che M amat, these 2 camps were overloaded. There were more than 2000
41
foreigners in Semenyih camp alone. The deportation exercise goes on non stop. Those who came
out of Sungai Buloh Prison will be placed at Semenyih.
According to Tuan Che M amat, those without documents or passports at times can be held up in
Semenyih for more than 6 months. Those from India, Bangladesh, Africa and M yanmar, it was
quite difficult to obtain the required documents from them and even their respective embassies
have difficulties identifying them. It is sufficient to deal with them if they have a photocopy of
the required documents but most often than not, they don’t even have a photocopy. M any of
these foreigners came through the northern border, Kedah & Perlis. Not much problem
encountered with Indonesians as they have an agreement where their photos are attached and the
embassy certifies them.
We were informed that with effect from 15.12.2007, foreigners caught at KLIA, Federal
Territory of Kuala Lumpur and Putrajaya and Selangor will be prosecuted in Semenyih. As at
19.06.2007, there were approximately 6,400 cases in Semenyih court.
3.
OCPD S HAH ALAM
The meeting was chaired by Tuan Azam, OCPD, Shah Alam. According to Tuan Azam, the
crime rate in Shah Alam was manageable. Theft of motorbikes is the most due to carelessness of
the owners. “Lumba haram” was also manageable in Shah Alam. However, it was stressed that
the police lack IOs, for e.g. 1 AIO has to handle approximately 8 cases a day. They have about 16
IOs and 4 AIOs who just joined the force. These figures are not enough in order to solve crime
rates.
It was brought to our attention that lawyers are not allowed to sit with the suspects during section
112 statements or else statement will be taken from the lawyers too. We were informed that the
police will normally invoke section 111 CPC if suspects do not wish to cooperate, failing which a
warrant will be issued. We also brought up issues concerning some cases involving the Narcotic
Department whereby the IO instructs the accused to plead guilty and not to appoint any lawyers.
Issues relating to "bogus lawyers" were raised wherein the Police needed information from Bar
Council to verify the status of the said lawyers. We informed the Police that the Bar Council is
quite effective and fast in providing information on lawyers when requested.
4.
CHEMIS TRY D EPARTMENT
The meeting was chaired by Mr. N. Hithaya Jeevan, Director General (DG), Chemistry
Department, Malaysia. According to the DG, for drug trafficking cases it normally takes 1 – 2
months to complete the report. It may extend beyond 2 months for certain cases only. In regard to
possession cases, it does not take more than 30 days to complete the report. In fact, the Chemistry
Department is thinking of reducing it to 25 days. The report may extend beyond the 30 days
period for certain cases only.
The DG further informed us that there is no client charter for trafficking cases. He could not
understand why accused are remanded for such a long time for drug trafficking cases. In some
cases, the drugs are not given to the Chemistry Department on time for analysis. In fact,
42
according to the DG, they have asked the prosecutors to liaise with them should there be a delay
in the analysis.
The DG clearly spelt out that their function is to help the administration of justice. Therefore,
they do not compromise on integrity. They are impartial and there are no reasons to favour the
police. There are more than 60 chemists in the Forensic Department and more than 20 in Drugs.
5.
OCPD KUALA LANGAT
The meeting was chaired by Tuan Zul, OCPD, Kuala Langat. The OCPD agreed that the
crime rate is high in Selangor. The combination of the crime rate in Johor, Penang and Kuala
Lumpur is nowhere near to the crime rate in Selangor. However, the crimes committed in
Selangor are mainly theft of motorbikes. The focus of IPD Kuala Langat is more on violent
crimes and robbery.
The OCPD also agreed that at times the lawyers are not given the opportunity to see the accused
after arrest which is in clear breach of Article 5 of the Federal Constitution. However, the OCPD
believes that his office has not violated the rights of accused after arrest as he has informed his
force against such practice. The OCPD also informed that he has done quite a bit to improve the
quality of services based on Suhakam’s recommendation.
We informed the OCPD that the Prison Authorities have complained of overload. This overload
is partly due to excessive bail amount imposed. According to PO Ranjit, for Section 15 (1) DDA
offence, normally the bail amount is RM 2,000. Theft, if accused below 18 with no previous
convictions, normally in the range of RM 1,000. VCD cases, roughly around RM 5,000 and higher
bail is imposed on robbery cases involving foreigners.
The main lock up at the moment is at Telok Panglima Garang. Child suspects are segregated
from adults and are placed at the corridor and not the lock up. Normally, according to the OCPD,
he will allow police bail for child suspects. Only he can provide police bail but he does not
determine the amount to be imposed. In fact, the OCPD makes sure that he is informed of all
arrests. The OCPD admits that he controls everything that goes on in the Balai. So far, the last 8
months he has been around, no assault in the lock up has been reported.
6.
MEETING WITH HEAD OF PROS ECUTION, S ELANGOR
The meeting was chaired by Tuan Nik S uhaimi, Head of Prosecution for S elangor and
accompanied by several DPP’s for the Selangor state. Several issues were discussed mainly on
the views on Representation and the required format. Also issue’s on Bail in regards to the
quantum, as there seem to be no uniformity in the offering of Bail by the PO’s. Issue’s of 39B
DDA Cases in regards to transmission cases, to the High Court was also raised and also the delay
in obtaining the Chemist Reports. Issues of foreigners charged in court in which Bail were not
offered as the IO had yet to obtain the verification of the accused passport at the Immigration
office, as a result of the Prosecuting Officers were unable to offer Bail to the foreigners charged,
were also highlighted to the DPP.
43
The Committee had also informed the DPP’s office of an incident in the M agistrate Court in
which several postponement was granted to the PO whilst the accused (an Indonesian woman)
was in remand while waiting for the IO to verify the accused passport with the Immigration
Department. The Head of Prosecution had given us the assurance that he would personally look
into this matter.
CONCLUS ION
The members of the HR & CL SC for the year 2007/2008 have been very supportive and committed
toward our agenda. I wish to take this opportunity in thanking them for their tireless efforts and
commitments in discharging their responsibilities. Their deliberations and contributions during
discussions and meetings have been very fruitful indeed. We, the HR & CL SC hope that we have
contributed effectively on the issues pertaining to human rights and criminal law.
We honestly feel that a lot more could have been done if not for the time constraints. We had to juggle
between our commitments to our clients and the HR & CL SC. It was due to the tremendous efforts
and courage from the members that made 2007/2008 a memorable term. I also wish to thank the
members of the Selangor Bar for the trust bestowed upon me to chair the HR & CL SC for 2007/2008.
We are happy with the efforts and achievements during this short span of time and look forward to
better our efforts, contributions and achievements in 2008/2009.
Special thanks to M r. Jagathisvaran Ramachandran for his great support as the Secretary of this SubCommittee and also to all my Committee members who have spend a lot of time and effort to make
this year a memorable one.
Thank you.
S URAJ S INGH
Chairperson,
Human Rights & Criminal Law Sub-Committee
44
INFORMATION TECHNOLOGY
Chairperson
:
Ng Ch ung Yee
Members
:
Teh Tai Yong
Mishant Thiruchelvam
Ex-Officio
:
R. V. Lingam
A. G. Kalidas
Ng Chung Yee
1.
Selangor Bar Web-Site
The Selan gor Bar web site is con stantly up dated with reports an d anno uncements of
upcoming events. The traffic to our website has incr eased trem endously an d as a result, the
com mittee is in the m idst of seeking a new serv ice provider to create a m ore user-fr ien dly
site for our member s and improve on interactive f unctions.
2.
Events in 2007
The comm ittee has organised a talk open to all Selangor Bar m em bers free of charge titled
‘ICT-Obstacles to the Future Development of Law’ on the 28th of August 2007. Attendance
was encour agin g with goo d turno ut from chamberin g p upils an d practitioners alike. The talk
was delivered by Mr. Rajasekar an an d Mr. Teh Tai Yon g, a mem ber of this sub-comm ittee.
The talk also touched on the CTOS saga an d the need for a Data Protection Act a viable
means of protecting a per son’s right to privacy which includes their financial data.
One mamm oth task wh ich the comm ittee has been assigned to and wh ich is still at its initial
stages of p lannin g is the im plementation of video and teleconferencing in the courts
nation wide.
All State Bar have been inv ited to propose f eedback on the video and teleconfer encing
technology which sho uld benef it the Bar on the whole in terms of costs an d time. Eight
centres have been proposed for setting up of this system the chargeable r ate is the primary
concern am on gst others.
The sub-comm ittee had also participated in an event or ganised by the Yo ung Lawyer s and
Cham berin g Pupils Aff air’ s visit to the Kuch ing Co urt Com plex where 15 particip ants from
the Selan gor Bar witnessed a live proceeding takin g place using the video and
teleconferen cin g facilities.
The attendees were also briefed on the tracking system utilised by the courts. This serves as
a file monitoring sy stem which h as been im plemented in Sabah an d Sarawak. The
utilisation of technolo gy in the co urts system is impressive an d there ar e fut ure plans
whereby co unsel are no lon ger r equired to take down notes. A specially assigned co urt
interpreter wo uld be given the task of takin g do wn notes and these notes will be av ailable
for a nominal char ge.
Ng Chung Yee
Chairperson,
Inform ation Technology Sub- Com mittee
45
LEGAL AID CENTRE SELANGOR (LACS)
Management Panel:
Chairperson
Hon. Secretary
Members
Rajpal Singh
: Rajpal Sin gh
: Ramesh K. Supramanian
: Mejar(B) Abdul Kadir Bin Abdul Ghan i,
Renuk a, T.Balasubramaniam , K. A. Ram u,
R. V. Lin gam , A. G. Kalidas, Alvin Neo,
Kunamony Kan diah, Lo gen dran, M urali Velautham,
Ng Ch un g Yee, Suraj Sin gh, Sum athi Mur ugiah,
Suzan awati Ismail, Geor ge Var ughese.
Legal Aid Centre Staff: Alan Goh Heng Jin - Legal Officer
: Gomathy Balasupramaniam – Officer Admin strator/Program me
Coordin ator.
: Velv ashini Vembarasan
– Accounts Assistant/Do ck Brief
Coordin ator.
Fir st and forem ost, allow me to express my heartfelt appreciation to the Selangor Bar Com mittee
( SBC) for their trust and confiden ce in offering me this challen ge as the Chairper son of Legal Aid
Centre Selangor (LACS) for the year 2007 / 2008.
I am grateful to my esteem ed predecessor, Mr. Ramesh K. Supr am aniam for his ex cellent
management an d leadership an d setting a high standard for me to emulate.
The year under review h as been challengin g in term s of organisation and management of the
LACS. The Managem ent Panel (MP) has unan imously agreed that its m onthly meetings shall be
indepen dent of the SBC. Ho wev er, the Chairper son of LACS sh all report on the MP’s decisions
and propo sals at the SBC’s meetin gs. Further all SBC mem ber s are welcome to join the MP
meetings to contribute towar ds the welfare of LACS. On this note, contributions from the
respective mem ber s have been en couragin g and effective.
In addition, LACS has recr uited a Legal Officer in July 2007 to further strengthen the existin g staff
force which comprised of t wo other legally qualif ied per sonnel and this is in line with LACS’s
intention to provide better service and improve on the m anagement of this Centre. The Legal
Officer has vast workin g experience having work ed as a practicing lawyer an d also served as Head
of Legal Department in one of the public listed company prior to joinin g LACS.
For the respective pro gram mes un dertaken by LACS in collabor ation with AW AM, W AO, SI S and
Con sum er Association, the trainin g for the ch am ber ing p upils is provided by the resp ective centres.
The prisons visit programme is or ganised by LAC KL an d all these pro gramm es are currently being
organised as usual with emphasis in providing the required legal aid trainin g to the cham bering
pupils. Pro gramm es or ganised by LACS have increased m ar ginally; the outreach clinics on law
awar eness have achieved its desired result in creatin g over whelming r espon se an d awar eness
among the general public.
Monfort Boys To wn (6 th May 2007)
th
In conjunction with Montfort Boys Town (“Monfort”) open house carnival on 6 May 2007, LACS
conducted a law awareness programm e at one of the stalls prov ided by Montfort. This is the second
46
consecutive year in which the ev ent was or ganised at Monfort. The objective is to em power the
public with the necessary kno wledge in var ious asp ects of the law, the un der standin g of which is
crucial in avoidin g or r eso lvin g potential pro blems/disp utes. At Montfort a total of 7 lawy ers an d 2
chamber in g pupils assisted on a voluntary basis in adv isin g the p ublic on v ario us matters which
included employm ent, estate/letters of administration/probate/wills, contract, fam ily an d criminal.
User frien dly materials in the form of leaflets an d booklets prepar ed by the Bar Co uncil were
distributed to the public and the volunteers were at han d to explain any quer ies that arose on the
said m aterials. For this program me, LACS distributed 297 leaflets/booklets an d interviewed 38
clients. The respon se from the public was enco ur aging and LACS hopes to organise further events
of such nature and hope that m ore lawyer s will volunteer a little precio us time to make these events
a success.
Kota Kem unin g (22 nd July 2007)
Besides the usual o utreach clinics of wh ich LACS h ave been a regular participant for the past year,
we are pleased to report the inclusion of several new areas notably Kota Kem un in g wher e a social
com munity event was organised by its Resident Association in collaboration with LACS, Yayasan
Am al Malaysia an d m any others. At Kota Kemun in g, a total of 3 lawy ers and 1 cham berin g st udent
were pr esent to provide the necessary inform ation and advice required by the residents dur ing the
said event. For this programm e, LACS distributed 251 leaflets/booklets an d the volunteer lawy ers
interviewed 10 clients. W e appreciate the tireless effort of En. Zainal Said for coor din ating this
outreach for LACS.
th
St Anne’s Church (29 July 2007)
In conjunction with St Anne’s f east, LACS con ducted a law awaren ess program me at St.Ann e’s
Ch urch, Port Klan g.
The celebration at the Ch urch was well attended by the p ublic an d in particular devotees from all
over the country includin g m igr ants from other countries. The Ch urch comm ittee provided LACS
with 2 tents for our p urpo se and after each pr ayer session the pilgr ims conver ged to m ake en quir es
or asked for legal advice from our 10 vo lunteer lawyers who were present to assist on the said day.
User frien dly materials in the form of leaflets an d booklets prepar ed by the Bar Co uncil were
distributed to the public and the volunteers were at han d to explain any quer ies that arose on the
said materials. At St. Anne’ s, LACS distributed 275 leaflets/booklets an d o ur volunteer lawy ers
interviewed 14 clients.
We look for war d to conductin g similar pro gram me durin g the chur ch’s annual celebration
capitalisin g on the attendance of the huge crowd presence wh ich enables us to reach o ut to m ore
people thus creating awareness an d empo wering them with the necessary knowledge of the
diff erent aspects of our co untry’s laws.
st
Another event that deserv ed mention is the National Law Awareness W eek from 1 September
2007 to 9th Septem ber 2007 of wh ich LACS spearh eaded in or ganisin g var io us programmes in the
State of Selan gor, the events ar e as follo w:
th
Dataran Merdeka (30 August 2007)
A total of 600 copies of the “Red Book” leaftlets were distributed by Mr. K.A. Ramu an d his wife
to the gen eral public tar getin g especially the yo uth at the said location. Som e of the yo uth were
very enthusiastic, cur io us and even m anage to ask some questions.
th
Stamfor d College P.J. (4 Septem ber 2007)
47
A special talk with Question & Answers on the “ Red Book” was conducted at 8pm on the said day.
It was organised by Ms. Ren uka, the said talk was given by Mr. Ng Chun g Yee and the panel for
the Q & A consisted of Mr. Rajpal Singh, Mr. Ng Chung Yee an d Mr. Lo gen dr an. The audiences
were a mixture of yo uth, law students, adults an d a few senior citizen s. The Q & A session was
very lively with active p articipation from both the audience an d the pan el of lawyers. Ms.
Ren uk a’s initiative also includes the distribution of the “Red Book” leaf lets to secon dary schoo ls
around Petalin g Jaya totalling 2000 copies
Law awareness pro gramm e at Dewan MP S Tam an Gom bak (8 th Septem ber 2007)
The National Law Awareness W eek in Selangor culm inated with LACS’s program me at Tam an
Gombak. The follo win g participants were in strumental in h elpin g to m ake it an eventf ul day:
- Polis Di Raja Malaysia
- Suruhanjaya Pilihan Ray a
- Persatuan Pen gasih Malaysia
- Jabatan Keselam atan Jalan Raya Negeri Selan gor
- Sisters In I slam Center
- Pusat Komunikasi Masy arakat
- Awam Centre
- Amnesty International Malay sia
- LAC, Selangor
All the participants wer e given souven irs spon sored by the LACS, Silv er Bir d Group Bh d and
Unilever (M) Sdn Bhd.
We were hono ured to have with us Tuan ASP Moham ed Rafiq B. Hj. Mohamed M ustafa (Ketua
Bah agian Ketenteram an Awam/Ketua Trafik Daerah Gom bak) as our special guest for the
occasion. Those pr esent for the day p atronised the respective booths set up an d many were attracted
to the booth set up by PDRM Traffic/Nar cotics Division an d Jabatan Keselam atan Jalan Raya
Neger i Selangor. For this programm e, LACS distributed 412 leaflets/book lets, 27 clients were
interviewed by our 8 volunteer lawyers an d 4 cham berin g p upils.
The highlight of the day’s event was the musical performance by the rock ban d “Reborn” The band
san g an d play ed son gs that were well received by the cro wd most of whom were enjoying
themselves enorm ously. The event en ded with the lucky draw which bro ught sm iles all round for
the winner s followed by a final sp eech given by me.
All the events or gan ised by LACS was a success an d sp ecial thanks an d appr eciation m ust be
extended to all the m em bers of LACS MP and also the support, contribution and assistance
rendered by all members of SBC and the respective lawyer s from Selan gor.
The year under review witnessed a sur ge in the number of walk in clients and en quiries via the
telephone. This is a r esult of LACS’ s thr ust towards its law awareness outreach programmes where
more people are m ade aware of the existence of LACS. It is h eartenin g to note that certain Session
and Magistrate courts in Selan gor have also assisted in directin g unrepresented accused or his /her
fam ily mem bers to LACS for assistance in o btainin g legal r epresentation.
Another m ilestone that heralds the efficiency an d eff ectiveness of LACS is the r ecent op enin g of a
distinct Disbur sem ent Acco unt to streamline the management of acco unts in LACS. W e are
grateful for the advice given by SBC on the necessity for such an acco unt to avoid difficulty in
reconciling of acco unts in the LACS.
48
Encouraged by the extensive p ublicity and awareness of LACS, another legal aid serv ice centre was
th
set up in Kuala Selan gor and has comm enced operation since 10 Decem ber 2007. Many factors
influenced the choice of this new centre; fir stly there is a n eed to reach out to the poor and needy in
the outskirt of the Klang Valley. Secondly, a suitable centralised location to serve the surro unding
areas like Batang Ber juntai, Kuang, Ijok, Batu Aran g, Jeram , Assam Jawa, Sekinchan, Sun gai
Besar and parts of northern Klan g.
LACS h as r ented a fir st floor shop office havin g its address at No. 32, 1 st. Floor, Jalan Ben dahara
1/1, Taman Ben dah ara, 45000, Kuala Selangor, Selangor Darul Esh an.
The location of this centre is ideal, fronting the main tr unk road leading towards the old to wn of
Kuala Selangor an d within the vicinity of the Police Station and the neighbo urin g Magistrate
courtho use. The centre will oper ate in itially at t wice a week from 10.00am to 5.00pm on Tuesdays
and Th ursdays. The Legal Officer from Shah Alam shall comm ute on the said days to provide
adv ice and record brief s for f urther action.
We are pro ud to inform that LACS un der the guidan ce of SBC is among a few LACs that operates
a branch in a rural area providin g legal repr esentation to the poor and needy. Ho wever the success
of this new centre will depen d largely upon the combined efforts of SBC, volunteer lawyer s and
LACS staff in the spirit of volunteerism and justice.
We are confident that with the support of SBC m em bers an d Selan gor lawy ers, much can be
achiev ed in fulf illing the ultim ate aim of volunteer ism through legal aid, an aspiration an d concern
of the Bar Co uncil as evident from its resolutions passed during the 49th AGM held in 1995 and
reiterated durin g its recent AGM h eld in 2007.
Although m any lawyers in Selan gor have vo lunteered to offer their services to LACS, sadly there is
still a n eed for m ore dedicated volunteers due to the incr ease n umber of cases that qualify for
assistance. We believed that this situation will improve, now that SBC has intensified and in itiated
its effort to encourage m ore lawyer s to register with LACS thro ugh their appeal to all the legal
firm s in Selan gor. We sincer ely con gratulate SBC for painstakingly sending out lar ge n umbers of
letters to all the legal firm s an d which we are gratef ul for their accomplishment of such a Herculean
task. W e anticipate with hope that assistance is forthcoming an d that quality legal representation is
made av ailable to more legal aid clients in the near f uture.
Besides my role as Chairperson in LACS, I have participated actively in the Hum an Rights &
Criminal Law Com mittee of wh ich m eetings h ave been conducted with the resp ective Shah Alam
High Court judges an d sp ecif ically I have initiated an d offered to assist the Sh ah Alam Session
Co urts thro ugh LACS in prov idin g legal aid for unrepr esented accused appearin g befor e the said
courts. To date, LACS vo lunteer lawyer s are currently han dlin g 18 assigned cases. Such
collabor ation bet ween LACS an d the courts have entrenched the concept of justice, hope and
conserv ation of human rights made available to every h uman being.
In term s of fut ure p lan, with the assistance, support and encour agement of all mem ber s of SBC and
volunteer lawyers in Selan gor, LACS asp ire and work to war ds the follo win g:-
Set up another new legal aid centre probably in Semenyih to extend legal aid to a m ore
div erse an d needy clients in the r ural areas aroun d the so uthern corr idor of the Klang Valley
and also to provide legal representation to m igrant detainees ho used at Semenyih detention
centre.
49
-
To conduct do ck brief pro gr amm e at proposed Magistrate courts in the respective districts
of Selan gor with prior consent from SBC an d the respective co urts.
To indepen dently or ganised the resp ective legal aid programmes in collo bration with the
curr ent NGOs and prison visit to Sg. Buloh.
To conduct in dependently orientation progr amm e for pup ils, motivation cour ses an d dock
brief trainin g sessions.
Set up a mobile legal aid centre.
LACS wo uld lik e to appeal to volunteer lawyer s to extend their assistance in or gan isin g the
relevant talks/seminars for our pup ils an d special thanks goes to members of the Managem ent Panel
for helping LACS thro ughout this year in conductin g the relevant training sessions for the ben efit
of the cham bering pup ils.
We are pleased to inform that the National Legal Aid Comm ittee (NLAC) at their recent Budget
meeting have acknowledged the efforts made by LACS in cluding its achievement for the current
year. NLAC in principle have approved and increased LACS’ s budget by about 40% of the
previo us y ear’s approved budget. LACS is indeed enco ur aged by this confidence given by NLAC
and we her eby wish to recor d o ur thanks an d appreciation to the Chairm an of NLAC, Mr. Cecil
Rajendra an d the Finance Com mittee of the Bar Co uncil for its support an d henceforth LACS sh all
endeavo ur to perform better in the year 2008.
In conclusion, I wo uld lik e to express m y heartfelt gratitude to all members of SBC and my sub –
com mittee for 2007/2008 for extendin g their invaluable assistance, suggestion, constructive
criticism and un selfish support, without which I m ay not have performed m y duties and
respon sibilities to expectation. My thanks to all volunteer lawyers who have off ered their assistance
and to all the LACS staff for their comm itment and dedication in servin g the LACS.
RAJ PAL S INGH
Chairm an,
Legal Aid Centre Selan gor
50
16TH ANNUAL GEN ERAL MEETING
PROGRAMMES UNDERTAKEN BY LEGAL AID CENTRE SELANGOR FOR 2007:Programmes
Batch
Date
Time
AWAM
SIS
WAO
CONSUMER
Batch
Batch
Batch
Batch
10
10
10
7
26.02.07
26.02.07
26.02.07
26.02.07
- 26.05.07
- 26.05.07
- 26.05.07
- 05.06.07
10.00am
10.00am
10.00am
10.00am
SG. BULOH
AWAM
SIS
WAO
Batch
Batch
Batch
Batch
7
11
11
11
13.03.07
21.05.07
21.05.07
21.05.07
- 22.05.07
- 18.08.07
- 18.08.07
- 18.08.07
CONSUMER
SG. BULOH
AWAM
SIS
Batch
Batch
Batch
Batch
8
8
12
12
11.06.07
05.06.07
13.08.07
13.08.07
WAO
CONSUMER
SG. BULOH
AWAM
Batch
Batch
Batch
Batch
12
9
9
13
13.08.07
24.09.07
21.08.07
05.11.07
SIS
WAO
CONSUMER
SG. BULOH
Batch
Batch
Batch
Batch
13
13
10
10
Venue
- 4.30pm
- 4.30pm
- 4.30pm
- 4.30pm
Petaling
Petaling
Petaling
Petaling
Num. of Students
Jaya
Jaya
Jaya
Jaya
6
2
1
5
8.30am - 3.00pm
10.00am - 4.30pm
10.00am - 4.30pm
10.00am - 4.30pm
Legal Aid Centre (KL)
Petaling Jaya
Petaling Jaya
Petaling Jaya
4
6
2
1
- 15.09.07
- 07.08.07
- 10.11.07
- 10.11.07
10.00am - 4.30pm
8.30am - 3.00pm
10.00am - 4.30pm
10.00am - 4.30pm
Petaling Jaya
Petaling Jaya
Petaling Jaya
5
2
7
3
- 10.11.07
- 28.12.07
- 06.11.07
- 02.02.08
10.00am - 4.30pm
10.00am - 4.30pm
8.30am - 3.00pm
10.00am - 4.30pm
Petaling Jaya
Petaling Jaya
Petaling Jaya
1
5
4
6
05.11.07 - 02.02.08
05.11.07 - 02.02.08
Next Y ear
20.11.07 - 22.01.08
10.00am - 4.30pm
10.00am - 4.30pm
10.00am - 4.30pm
8.30am - 3.00pm
Petaling Jaya
Petaling Jaya
Petaling Jaya
3
1
None
4
TO TAL
Programmes
Dock Brief
Num. of Students
61
Duration
Jan - Dec 2007
68
Venue
Shah Alam Magistrate Court
Mitigation
155
TOTAL FILES OF THE CENTRE:Files Opened in 2007
FILE CATEGORY
Criminal
Family / Syariah
Employment
Court assigned files
Miscellaneous
TO TAL
NUM. OF FILES
57
32
4
18
0
111
Files Closed in 2007
FILE CATEGORY
Criminal
Family / Syariah
Employment
Court assigned files
Miscellaneous
TO TAL
NUM. OF FILES
43
11
4
1
0
59
Advice File for 2007
FILE CATEGORY
Criminal
Family / Syariah
Employment
Miscellaneous
Law Awareness files (Interview Sheets)
Law Awareness files (Leaflets)
TO TAL
NUM. OF FILES
67
75
37
142
89
3835
4245
51
LAW AWARENESS
(A). MONFORT BOYS TOWN ( 6th MAY 2007 )
ISSUES INVOLVED
FAMILY
LAND
CONTRACT
COMPANY
OTHERS
5
2
2
1
28
NO. OF PAMPHLETS
DISTRIBUTED / ADVISED
:297
NO. OF CLIENTS INTERVIEWED
: 38
VOLUNTEER LAWYERS
:7
CHAMBERING STUDENTS
:2
(B). KO TA KEMUNING ( 22nd JULY 2007 )
ISSUES INVOLVED
CONTRACT
OTHERS
5
5
NO. OF PAMPHLETS
: 251
: 10
VOLUNTEER LAWYERS
:3
CHAMBERING STUDENT
:1
52
(C). ST.ANNE'S CHURCH ( 29th JULY 2007 )
ISSUES INVOLVED
FAMILY
CRIMINAL
LAND
CONTRACT
EMPLOYMENT
OTHERS
6
1
2
1
1
3
NO. OF PAMPHLETS
:275
: 14
VOLUNTEER LAWYERS
: 10
CHAMBERING STUDENTS
:0
(D) NATIONAL LAW AWARENESS WEEK
(1). DATARAN MERDEKA (30TH AUGUS T 2007)
NO. OF PAMPHLETS (RED BOOK)
: 600
VOLUNTEER LAWYERS
:2
(2). STAMFORD COLLEGE ( 4th SEPTEMBER 2007 )
NO. OF PARTICIPANTS
: 47
VOLUNTEER LAWYERS
:5
CHAMBERING STUDENTS
:0
NO. OF "REDBOOK" PAMPHLETS
DISTRIBUTED TO SCHOOLS
: 2000
Q & A "RedBook"
53
(3). DEWAN MPS TAMAN GOMBAK ( 8th SEPTEMBER 2007)
(i) PARTICIPANTS / EXHIBITION BOOTH
POLIS DIRAJA MALAYSIA (TRAFIK / NARKOTIK)
SURUHANJAYA PILIHAN RAYA
PERSATUAN PENGASIH MALAYSIA
JABATAN KESELAMATAN JALAN RAYA NEGERI SELANGOR
SISTERS IN ISLAM CENTRE
PUSAT KOMUNIKASI MASYARAKAT
AWAM CENTRE
AMNESTY INTERNATIONAL MALAYSIA
LAC, SELANGOR
(ii) ENTERTAINMENT - ROCK BAND "REBORN"
(iii) LAC, SELANGOR.
ISSUES INVOLVED
CRIMINAL
FAMILY
CONTRACT
LAND
OTHERS
7
3
2
7
8
NO. OF PEOPLE ATTENDED
: 300
: 27
NO OF PAMPHLETS
: 412
VOLUNTEER LAWYERS
:8
CHAMBERING STUDENTS
:4
54
TOTAL ACTIVE FILES FROM 2002 - 2007
FILE CATEGORY
Criminal
Family / Syariah
Employment
Miscellaneous
Law Awareness Files
YEAR
2002
2
2
0
0
0
YEAR
2003
7
2
0
0
0
YEAR
2004
17
6
0
0
0
YEAR
2005
18
9
0
2
0
YEAR
2006
31
15
0
0
0
YEAR
2007
56
30
2
0
0
4
9
23
29
46
88
YEAR
2002
1
0
0
0
0
YEAR
2003
15
16
0
0
0
YEAR
2004
35
20
0
0
0
YEAR
2005
0
11
0
0
0
YEAR
2006
37
47
0
0
318
YEAR
2007
67
75
37
142
3924
1
31
55
11
402
4245
TO TAL
TOTAL ADVICE FILES FROM 2002 - 2007
FILE CATEGORY
Criminal
Family / Syariah
Employment
Miscellaneous
Law Awareness Files
TO TAL
MANAGEMENT PANEL MEETINGS FOR 2007
NAMES
Mr. Rajpal Singh
Mr. R.V. Lingam
Mr. A.G. Kalidas
Mr. Ramesh K Supramaniam
Mr. Mejar Abdul Khadir Bin Abdul Ghani
Mr. Ramu
Ms. Renuka
Mr. Murali Velautham
Mr. Ng Chung Yee
Mr. Logendran
Mr. Alvin Neo
Mr. Suraj Singh
Ms. Kunamony Kandiah
Ms. Suzanawati
Ms. Sumathi Murugiah
Mr. George Varughese
ATTENDANCE
6
3
3
4
4
3
4
3
3
0
0
2
0
1
1
3
55
NATIONAL LEGAL AID MEETINGS FOR 2007
Total Meetings
5
Attendance (Chairperson)
4
TRAINING SESSION FOR PUPILS AT SLAC
DATE
04.06.2007
30.08.2007
TIME
3.00pm - 5.00pm
3.00pm - 5.00pm
SPEAKER
Renuka & Ramesh
Rajpal Singh & Ramesh
ATTENDANCE
29 pupils
32 pupils
LIST OF VOLUNTEER LAWYERS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
A.G. Kalidas
Abdul Razak Bin Jamaludin
Abdul Razak Hussain
Abdul Shukor Bin Mohd Yusof
Abun Sui Anyit
Adi Harman Bin Hj Mawardi
Adri Amrul Bin Ariffin
Alvin Loo Wi Chung
Alvin Neo
Anand
Anita John
Arvinder Singh
B.S Ananthan
Bernard Scott
Boestamam Bin Ahmad
Chan Chin Chye
Chan Yiew Hock
Clement G Lopez
Danendra Markandu
Dasmit Kaur
David Lingam
Dev Anand
Devadason
Edwin Johnson
Esther
Esther Tan Siew Choo
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
Musa Awang
Nadarajan
Ng Chung Yee
Nor Hazura Binti Hamzah
Norhayati Binti Abd Manan
Nur Hidayaty Binti Maidin
Pramjit Kaur
R. Paranjothi Avaiya Selvi
R. V. Lingam
Raippen
Raja Ismail
Rajpal Singh
Ramesh K. Supramaniam
Ramu
Raymond Chu Hon Fai
Razie Aini Binti Abdul Razak
Rehvathi
Renuka
Rodzim
Roland Engan
Rozita Binti Shaikh Salleh
S. Rathakrishnan
S. S Ravichandran
Saladin Bin Mohd Yasin
Salim Bin Bashir Bhaskaran
Sandosh Anandan
56
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
Ganabatirau a/l Veraman
George Varughese
Gerard Lazarus
Haji Nordin
Hanif
Hasshahari Johari Mawi
Huzaini Bin Hussin
Imran
J. Christoper Joseph
J.R. Ravendren
Jacqueline Lee Hwai Chuen
Jamaludin Bin Ibrahim
Jane Pragasam
Jayamurugan
K. Ravindran
Kanarasan
Krishnamurthy
Kuek Wee Teng
Kulasekar
Kunamony Kandiah
Lana Azman Bin Eli
Lee Teong Hooi
Lo Soo Jeng Daniel
Logendran
M. K Thas
M.J. Amutha Murugasan
Maria Vivienne Pereira
Mary Ann John
Mary Song
Ghani
Moeis
Razali
Mohammad Rosli Bin Mohd Ayub
Mohd Hisham Bin Mohd Nazir
Mohd Shah Hime Nazir
Murugan
Murugesan
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
Saravanan
Savinderjeet Kaur
Selayamani
Shahul Hameed Bin Abdul Wahab
Shalini Devi
Shengar
Shirdieswaran
Shuib
Sivarajan
Sivashankar
Sonia Jayantkumar Shah
Sritheran
Steven Tai
Suhaida
Sukdev
Sumathi Murugiah
Suriati Binti Ghani
Suzana Ismail
T.K. Lee
Tay Keng Seng
Tejindarpal Kaur
Teng Chang Khim
Thangadurai
Theivaendran
Toh Ah Noi
Vasudevan Appu
Vicky
Vignesh
Vijay Chander Rajendran
Vilasini Menon
Vincent Vijayan
Visnuvarman
Wong Kim Ho
Wong Wai Yee
Yoganathan Ramasamy
Yong Soon Ching
Zalina Binti Abidin
57
SUB-COMMITTEE REPORTS
SECRETARIAT, FINANCE, LIBRARY & BUILDING
Chairperson
: A G Kalidas
Ex-Officio
: RV Lingam
A G Kalidas
The committee this year conducted its affairs having in mind that it is the members funds which are
being utilised. The challenge was to give value added services while keeping total expenses lower or
at least equal to total expenses of the preceding year. The total expenditure incurred by Selangor Bar
for the year 2007 was RM531,989.00. It is rather satisfying to note that the total expenditure after
deducting expenses specific to 2006 like building renovation cost and etc, value added service like
SM S alert, CLJ online and purchase of jerseys for Selangor Bar sports contingent were possible
without any significant difference in the expenditure.
The total income derived by Selangor Bar in the year 2007 has also increased (without taking into
account renovation of building funds specific to 2006) to RM607, 254.00. The primary sources of
income were again members' annual subscriptions.
Although there has been increase in cost of providing some of the following services, it has not been
passed on to general members of the Bar and the fees charged have been maintained and in some cases
even reduced as compared to year 2006 so as not to burden members who used the said facilities and
services. The relevant rates for members are as follows:
• Photocopying charges in the library
• Photocopying charges in S.A Bar Room
• Use of CLJ Online in the library
• Printing from CLJ Online
• Placing of classifieds on website
• Rental of bands/bibs in S.A. Bar Room
• Rental of collars/robes in S.A. Bar Room
• Registration fee to attend Seminars/Talks
-
RM 0.20 per copy
RM 0.30 per copy
RM 5.00 per 30 minutes
RM 0.20 per page
RM 20.00 per week
RM 5.00 per item
RM 5.00 per item
RM 30.00 or below, chambering pupils
free for some talks.
The response for other income generating services such as advertisements placed in the Ad Rem
publication and the Selangor Bar website are still not encouraging. These facilities are provided at
nominal charges and members are encouraged to use them as it will provide an income source for the
Selangor Bar which will in the long run benefit members themselves.
The Selangor Bar Building expenses demands special mention. A facility of RM455, 000.00 was
taken in August 2005 to part-finance the purchase of the building. So far interest of about RM55,
590.26 (as of December 2007) has been paid. Current interest rate is BLR(6.75%)+0.8% = 7.55%p.a.
and we have a balance of RM397,037.79 to pay. That would mean the Selangor Bar will have to pay
interest of about RM200,000.00 for the loan tenure of almost 152 months left provided the BLR
remains the same. Otherwise we will end up paying more.
69
The Selangor Bar is in a healthy financial state and it will not harm the Selangor Bar to pay an
additional sum of RM50, 000.00 a year for the next 7 to 8 years and complete the loan repayment
sooner in order to save a substantial amount in interest. The money saved can be used for the benefit of
the members instead. This is a crucial point for the general members of the Selangor Bar and the
incoming Committee to ponder as the discounted interest rate period has ended.
The Selangor Bar's income and expenditure account for 2007 reveals a surplus of RM75,265.00.
Selangor Bar’s accumulated funds as at 31st December 2007 comprise RM556,720.00 in fixed
deposit accounts and RM25,949.00 in the current account. Therefore, it is only prudent to decrease
Selangor Bar’s Liability as the cost of fund for the facility taken is high.
We have seen cost of living going up in the year 2007 and directly or indirectly this has affected the
Selangor Bar expenses which demanded vigilance and prudence in the management of the funds
available. While it would definitely put the incoming committee in a very comfortable position if the
annual subscription is increased (a RM 50.00 increase per member would produce an additional income
of more than RM 150, 000.00 a year), I am of the humble view that the time has not come for such a
measure. With proper financial management, the committee can proceed comfortably with its yearly
affairs with the current healthy and stable financial position. It is pertinent, taking into consideration of
the current uncertain economic climate, to not to saddle the members with this additional burden.
The details of Selangor Bar's income & expenditure and balance sheet are set out in the Audited
Accounts annexed in the Annual Report.
S ECRETARIAT
The Selangor Bar Secretariat faced additional challenges this term as two of its staff namely, M s. Ann
M aria (Executive Secretary) and M r. Thilainathan resigned on M ay 2007 as they have found
alternative employment. Some of the sub-Committees under the stewardship of the respective
Chairpersons have performed extraordinarily well this term which in turn demanded a high level of
commitment from the secretariat especially when some committees failed to attract enough general
members of the Selangor Bar to serve in the respective committees. However, I am proud to say that
the staff have risen to the challenge and performed their duties well regardless of the fact that the
secretariat was short of staff at material time.
The Committee was also deprived of an Executive Secretary. So far the committee could not find a
suitable candidate to fill the post. The committee did not want to fill the post for the sake of filling it
as it is now in the drive of engaging suitable candidates in the secretariat to meet the increasing
demand of the committee members and general members of the bar.
The office hours of the Secretariat remain unchanged i.e. M ondays to Fridays from 8.30am to 5.30pm.
Despite their designated workload, all staff do contribute and assist one and other in executing their
respective duties. Further all staff are collectively involved in the running of all major functions and
events organized by the Committee and its sub-committees. The staff's respective designations and
departmentalised workload are as follows:Vasantha
Executive Officer
Attend to reception, attend to correspondences and e-mails, assist in issuance of
Sijil Caruman, and assist in organization of events and functions
70
Staff in charge of 'Secretariat & Building', Human Rights & Criminal Law' and
Court Liaison' sub-committees.
Shariza
Accounts Executive
Administration of Secretariat finances, preparation of Secretariat accounts,
issuance of Sijil Caruman, update membership programme.
Staff in charge of 'Secretariat, Finance & Building', 'Conveyancing Practice,
SROE, Corporate & Banking Law' and 'Publication' sub-committees.
Shahnizam
Executive Officer / Librarian
Administration of the library, administration of the website, issuance of
circulars and notices.
Staff in charge of 'Library' and 'IT' sub-committees.
Norazlina
Executive Officer
Administration of chambering pupils affairs, update record of chambering
pupils, organization of SeminarslTalks, attend to outgoing works.
Staff in charge of 'Chambering Pupils Affairs & Continuing Legal Education'
and 'Continuing Legal Education & Syariah' sub-committees.
Khairul NizamGeneral Clerk
Administration of secretariat office in the Shah Alam Bar Room, administration
of the B. C. Boxes, administration of the Bar Rooms, update notice boards,
recording and filing of Sijil Caruman, attend to outgoing works.
Staff in charge of 'Sports' sub-committee.
LIBRARY
Selangor Bar Library is now one of the best equipped law libraries in Selangor.
The library houses M LJ, CLJ, AM R, Industrial law and All England Law reports. The library also
houses CLJ online for two users.
Over and above the books, added services like wireless internet facilities (free of charge) and
photocopier are available for the sole use of members.
A full time librarian is always present in the library to assist the members.
Substantial amount of monies have been invested by previous committees and the current committee
in the purchase of books having the interest of the members in mind. However, the usage of the library
by members is rather disappointing. M embers are encouraged to make full use of the library in order
for the committee to consider upgrading it in the future.
The details of books purchased in 2007 and cost of the same are as follows:
Purchase From
Description
KH LAW BOOKS
SERVICES
Vohrah & Hami d on the Mal aysian Penal C ode'06
Net Amt.
Total
Amt.
335.75
Hisyam Teh : T he Law on Drugs Possession and Traffic king'06
297.50
Chan & Koh : Malaysian Company Law 2nd ed'06
420.75
Wan Azlan & Ni k Ahmad: Admi nistrati ve Law i n M'sia'06
212.50
71
JOSHUA LEGAL ART
GALLERY
SWEET & MAXWELL
ASIA
MLJ Hbk Sers : Specific Perfor manc e'06
238.00
MLJ Hbk Sers : Land Acquisition Hbk'06
195.50
MLJ Hbk Sers : Labour Law'06
408.00
MLJ Hbk Sers : Insurance
408.00
Nasser : Default Judgements -Setti ng Aside'06
170.00
Desktop Research Series : Medical Negligence'06
153.00
Poh : Principl es of Ins uranc e Law 6th Ed
637.50
Augustine Eviden Pract & Proc're 3Ed'03
408.00
Industrial Relati ons M'sian 3Ed'03
246.50
MLJ Hbk Sers-Enforcement Of Charges
408.00
MLJ Hbk Sers-Insurance
408.00
MLJ Bhk Sers-Child
408.00
MLJ Hbk Sers-Civil Appeals 2Ed
408.00
MLJ Hbk Sers-Bankg & N egotbl
408.00
MLJ Hbk Sers-Bankrc y 2Ed
408.00
MLJ Hbk Sers-Companies Winding Up
408.00
MLJ Hbk Sers-Marriage & Dissolutions
408.00
MLJ Hbk Sers-Defamation
408.00
MLJ Hkb Sers-Enforcement J udgment
408.00
Singapore Prec edents of Pleadings
JOSHUA LEGAL ART
GALLERY
4,734.50
1,170.00
Law of Confessions
265.50
Divorce & Matrimonial Proceedings
135.00
M'sian Stamp D uty Handbook 3Ed
81.00
Equity & Trusts i n Malaysia
162.00
The Trial Lawyer's Companion
252.00
Customs Offenc es (HB)
166.50
Keati ng on C onstruc tion Contracts 8Ed
3,476.50
1,984.50
The Arbitr ation Act 2005:A Commentar y
162.00
Civil Remedies In M alaysia
225.00
MLJ Hbk Sers-Injuncti ons
408.00
MLJ Hbk Sers-Companies General
408.00
MLJ Hbk Sers-Judicial Review
408.00
SWEET & MAXWELL
ASIA
Gatley Libel & Sl an 10Ed+Sup1
2,387.70
SWEET & MAXWELL
ASIA
Cw&Percy:Neg 11Ed
1,732.50
4,603.50
1,224.00
4,120.20
72
MARSDEN LAW
BOOK SDN.BHD.
Real Property-Limitation of Acti ons Limitation Act 1953 (Act 254), Sabah
Limitation Ordinance (CAP 72), Sarawak Limitation Ordinanc e
Sihombing on m'sian Conveyancing - 3 Vol
207.00
1,950.00
Internet Banking: Law & Practice
207.00
Nelson's Law Of Injunctions , 4th Edi-2005
351.00
Sihombing on The National Land Code-A Commentar y - 3 Vol
Company Law, Powers & Acc ountability, 2003
1,850.00
805.50
5,370.50
89.90
89.90
8,500.00
LexisNexis
Constitutional Landmarks i n Malaysi a
Prolaw Librar y
Management
1983-2003 ILR -2nd H and Set
8,500.00
JOSHUA LEGAL ART
GALLERY
All England Law Reports 1999 Vol 1-4
1,200.00
1,200.00
1,200.00
1,200.00
1,200.00
1,200.00
1,200.00
1,200.00
1,200.00
10,800.00
Prolaw Librar y
Management
2004 ILR Bound Volumes
835.00
Prolaw Librar y
Management
855.00
Prolaw Librar y
Management
895.00
Prolaw Librar y
Management
795.00
The M'sian Current
Law Journal S/B
2008 CLJ
The M'sian Current
Law Journal S/B
2008 CLJ Supplementary Series
535.00
The M'sian Current
Law Journal S/B
2008 Industrial Law Reports
850.00
2,600.00
SWEET & MAXWELL
ASIA
All M'sia Reports 2008
1,170.00
1,170.00
MLJ SDN BHD
M'sian Prece & Frms Vol M-Noter Up'06
320
MLJ SDN BHD
Halsbur y Laws Of M'sia V 21 Reissue 2006
900
1,220.00
MLJ SDN BHD
M'sian Crt Frm - Iss 49
330
330.00
3,380.00
1,215.00
73
MLJ SDN BHD
MLJ SDN BHD
MLJ SDN BHD
MLJ Consl Idx 2003-2005 T able Idx
330
Halsbur y Laws Of M'sia V 14 Reiss 2006
900
Halsbur y Laws Of M'sia V 6 (1) Reiss 2006
900
M'sian Prece & Frms-Vol C-Noter Up'06
336
900
MLJ 2006 Vol 7 Bnd
300
Halsbur y Laws Of M'sia Curr Sr vc 11 2006
250
M'sian Crt Fms - Iss 50
350
900
1,250.00
1,850
1,850.00
MLJ SDN BHD
MLJ 2007
MLJ SDN BHD
Halsbur y Laws Of M'sia Curr Sr vc 12 2007
250
M'sian Crt Fms - Iss 51
375
M'sian Prece & Frms-Vol A-Noter Up'07
650
900
Atkin's Court F ms Iss 52 -20 Sept 07
450
MLJ SDN BHD
MLJ SDN BHD
MLJ SDN BHD
900
900
900
900
900
M'sian Prece & Frms-Vol E-Noter Up'07
700
MLJ 2008 PTS Onl y Subn
MLJ SDN BHD
1,850
330.00
1,800.00
1,786.00
625.00
2,000.00
2,700.00
4,350.00
Atkin's Crt Fms M'sia Iss 53
380
900
1,280.00
Total:
69,590.10
BUILD ING
It is a huge step, and in the right direction, to be able to buy a building of our own. However as
with any other building the Selangor Bar building also needed attention as there were repairs
needed to be done and it has to be maintained regularly.
74
There were several problems which needed to be rectified. Some of the problems are electrical and
wiring problems at the first and second floors of the building. The toilets on the ground floor have
experienced serious plumbing problems. The pipe from the 1st floor was leaking and the ceiling
had water stains and it finally gave way. There was backflow of smelly and dirty water. There were
also termite infestations in the ground floor bathroom doors. All the problems were given due
attention and all faults were rectified accordingly.
Note of Thanks
I wish to record my appreciation to the members of the Selangor Bar for voting me into the
committee and giving me an opportunity to serve my learned brothers and sisters in the very
profession of which I am proudly a member. I wish to also thank the Chairman, Committee
members and the staff of the secretariat for their valuable input, guidance and hard work.
Report submitted by :
A. G. KALIDAS
Hon.Secretary Of Selangor Bar &
Chairperson
Of Finance, Secretariat & Library SubCommittees
75
SOCIAL, CHARITY & WELFARE
Chairperson
Co- Chairperson
:
:
Suzanawati Ism ail
Suraj Singh
Members
:
Zain uddin Bin Abdul Razak
Haslin a Bt Mohd Nor
Aziana Bt Abu
Salim Bin Bash ir
Shariah Bt Abu
Ex-officio
:
RV Lin gam
A. G. Kalidas
Suzanawati Ismail
Suraj Singh
For year 2007 – 2008, I was made chairperson for this comm ittee, and in m anagin g a practice of
my own, wife and mother, I am very well awar e of the arduo us task ahead of m e in r unnin g this
com mittee, but it nev er dampened m y spir it to pull m y strength together to make it a successf ul
com mittee.
My immediate work was to organise the custom ary event of Selan gor Bar, that is the Malam Suai
Mesra, wh ich I adjectively branded as “Retro-Nite”, that took off on 25/5/2007. The response was
goo d an d recor d br eaking in term s of m em bers particip ation. Cr edit also ought to be given to my
Co-chair, Mr. Suraj Singh in helpin g me to or ganise an d m ore so in talent scouting for the Ban d
gro up that entertained the cro wd on that Nite’.
There was particip ation of fellow members from other state Bars, members of Judiciary ( 3 High
Co urt Judges ), an d members of governm ent.
Annual Dinner and Dance
nd
Selangor Ann ual Dinner & Dan ce was hosted on 2 Novem ber 2007 at Concorde Hotel, Shah
Alam. It was enco uraging to note the particip ation of m ember s an d government officials. We had a
sitting High Co urt Judge, a form er Court of Appeal Judge and State Legal adviser as our guest of
Honour. W e had the privilege of welcomin g the Bar pr esident her self to grace the occassion and
deliver her maiden speech, in Selangor Bar, since sh e was elected the Bar president.
Neger i Sem bilan Roy al Cultural gro up added flavour to the event, it was an excellent cult ural
perform ance an d the stand- up comedian “Helmi the Gim mic” performed with his usual cro sscultural jokes and son gs. We m anage to secure a lot of sponsor s from members and corpor ate
bodies like Puncak Niaga and Sy abas (M). The event was reported by som e dailies.
In short, it was memorable event that left a lastin g im pression on some of us.
Visit to Children Ward, HTAR, Klang
This event was jointly organised with Syariah Sub- Com mittee and was held on 23/1/2008 at 10.00
a.m . There were about 100 patients with diff erent illn ess. We en gaged a clo wn to entertain them
76
and presented with gifts from lawyer s. We also donated books an d m agazines given by sponsors
Karangkraf an d Galeri Ilm u.
It was a gr eat success and there was a con siderable interest by m em ber s of the legal profession.
Fam ily Day
It was a jointly event with the sports sub- comm ittee an d was held on 4/8/2007. At fir st we p lanned
for a separ ate fam ily day, health campaign and jum ble sale but because of busy a schedule, we
thought it would be better to com bine this ev ent.
There were other visits plann er for example, Visit to Sri Ken an gan Old Folk Hom e an d Rum ah
Kebajikan Ten gku Budriah but due to their renovation in process, the plan s have to be aban doned
and hop e f uture comm ittee will take it from where we off.
Note of Thanks
Members, I hav e tried my utmost best to serve the State Bar on this portfolio given, an d I believe
som e progress an d chan ges have been made on som e fronts, and my sincere apo lo gy on any
shortcomings. I like to take this opport unity to thank Chairman an d fello w friends in the main
com mittee for their co-operation, to m y sub-committee mem bers an d secr etariat staff for their
hardwork and dedication in m akin g every event successf ul, an d last but not least the Bar members
for your support and tr ust given to me.
Thank you.
SUZANAWATI ISM AIL
Chairperson,
Social, Welfar e & Char ity Sub-Comm ittee
77
SUB- COMMITTEE REPORTS
SPORTS
Chairperson
:
Co-Chairperson :
Logendran
Alvin Neo
Advisor
:
K.Puspalin gam
Mem bers
:
Danendra Markandu
Dev Anand Pillai
Johanna Solomon
Law How Chong
Marian Nisha Supaya
Mohan Ramakrishnan
Muhamm ad Rafique Rashid Ali
Murali Velautham
Ng Sor Peng
Norhisham uddin Mohd Nordin
Norm ala Mohammad Mukhtar
Ponm alar
Rodzim Zaim y
Sandosh Anandan
Savinderjeet Kaur
V Kir upakaran
V Pavani
Yesotha Nathan
Ex-officio
:
RV Lingam
A.G. Kalidas
Logend ran
Alvin Neo
The Sports Sub-Com mittee has been active since the beginning of the year 2007 with activit ies/sports
events, organised by the mem bers. The committies activities for the year 2007/2008 so far are:1. SELANGO R BAR C UP
The tournam ent was graced by the fans of the English Premiership clubs nam ely Manchester United,
Liverpool and Arsenal. The teams com prised of mem bers of the Bar who supports the three teams
and they turned up in full force for the tournament. The fans of Manchester United team walked
away as cham pions. The event was organised at the Petaling Jaya (Old Town) field.
2. SELANGO R/NEGERI SEMBILAN G AM ES SERIES
These games were held in Serem ban, where the Negeri Sem bilan played host this year. A total of 7
games were played an d Negeri Sembilan team emerged as the overall winner with a score of 4-3.
3. SELANGO R LAW GAMES 2007
The event was held on 4/8/2007 at UITM Shah Alam sports com plex. This games were hosted jointly
by the Polis DiRaja Malaysia (PDRM) Selan gor, Mahkamah Selangor, UITM Shah Alam and Selan gor
78
Bar Com mittee. A total of 6 gam es were played and PDRM Selangor emerged as the overall
cham pion.
Finally, the sports sub-committee wish to thank all the m embers who have participated and assisted in
organising the above mentioned events.
LOG ENDRAN
Chairperson,
Sports Sub-Comm ittee
79
16 TH ANNUAL G ENERAL M EETING
SELANGOR BAR REPRESENTATIVE'S
George Varughese
This term Selangor Bar had t wo member s in the Bar Council ( BC) namely the Chairman an d the
undersigned. At the first BC m eeting I was elected as the Treasurer.
The Selan gor Bar Chairm an was appointed as Chairm an of the Law Reform & Special Areas
Com mittee and Dep uty Chairm an of the LawCare Fun d Managem ent Comm ittee, and I was
appointed to chair the Finance an d Sports Committees. I also served in the PII and the Malaysian
Law Conf erence Com mittees and the No Fault Liability Ad Hoc Comm ittee.
To up date member s of the activities of the BC, besides the regular publications and circulars,
Gener al Statem ents and Decisions were publish ed after every BC m eetin g to keep the members
informed of the activities and decision s of the BC.
The following are som e of the more important activities, issues and decisions todate:
(i)
BC Walk Abouts – In order to reach o ut to m embers, the BC decided to do a “Walk
Abo ut” in all the states to inform member s of the latest happ enings at the Bar, to explain
the position taken on various issues an d m ore importantly to get members’ feedback,
their needs an d concerns. These Walk Abo uts were in deed an eye opener an d en abled
the BC to serve the members better as the problems an d requir em ents of members
varied from state to state. In view of fin ancial position of the BC the office bearer did
the Walk Abo uts at their o wn expense;
(ii)
Professional Standards Course (PSC) - to im prove the declinin g standards of pupils,
the new PSC was implemented for p upils replacing the Ethics Lecture Course;
(iii)
Workshops - one- day workshop s on management of law firms, managem ent of clients’
acco unt, risk m anagement etc were con ducted to enhan ce the lev el of knowledge and
professionalism among m em ber s especially for members intendin g to start their own
practice;
(iv)
Malaysia International Islamic Financial Centre (MIFC ) - Bank Negara Malay sia is
proposing amendm ents to the Legal Profession Act to perm it the entry of foreign
lawy ers to practise Islamic finance an d cap ital markets laws either by way of a foreign
law firm without any local p artner or a Joint Law Venture (JLV). The BC’s position is
that entry of foreign lawyers shall be only by way of JLVs with local lawyer s and the
JLVs sh all only be permitted to engage in certain p erm itted practice ar eas. BC will also
focus on Islamic bankin g and finance education to enhance the expertise of our
members to make them m ore com petitive and to develop this area of pr actice. The BC is
80
no w conducting a Diplom a in Islamic Law (Islamic Banking) (Executive) co urse with
the International Islam ic Univ ersity Malaysia;
(v)
(vi)
Review of Judicial Crisis – an indepen dent panel of eminent persons will be
established to review the 1988 Judicial Crisis and is expected to comm ence in early
2008;
Am endment to the Legal Profession (Amendment) Act 2006 – the further
amendm ents m ay possibly be tabled durin g the next sitting of Parliament;
(vii)
CTO S – Bank Negara confirmed that law f irm s should not comply with their clients’
instructions to supply information to CTOS;
(viii)
Appointment of Dr Badariah Sahamid – The Feder al Court by a majority decision
dism issed the BC’ s suit seekin g a declaration on the issue of wh ether a per son appointed
as a Judicial Com missioner, ought to have been in practice for 10 years preceding
his/h er appointment by virtue of Article 122 AB of the Federal Con stitution read
together with Article 123. The BC at its monthly meeting in Jan uary 2008 decided to
seek a review of the abov e decision;
(ix)
Rights of Audience in the Industrial C ourts of Sabah and Sarawak – Advocates and
Solicitors were required by the Sabah an d Sarawak Immigr ation Departm ents to obtain
ad hoc adm ission to the Sabah/Sar awak Bar as a pre-r equisite to any application for
work pass. After the annual dialo gue with MITI, a letter has been sent to the
Immigration Departm ent conveying the stand of the Attorney General’s Chamber s and
MITI that work pass should be granted as a matter of cour se upon pro duction of a letter
from the Industrial Co urt;
(x)
IRB Ruling – From 2008, PII pr emiums is allo wed as a deductible item for income tax
purposes. The BC is follo win g up with the IRB for confirmation that all PII premiums
includin g pr em ium s for top-up are deductible;
(xi)
Walk for Justice – Following the revelation of the inf am ous video clip, the BC
th
organised the Walk for Justice on 26 September 2007 to ur ge the gov ernment to set up
an Indepen dent Judicial Com mission to enquire into the contents of the video tape and
to make recom mendation to im prove the judiciary an d to set up a Comm ission on
Judicial Appointm ents. At the en d of the walk the office bear ers deliv ered t wo
memorandums in respect of the sam e to the Prim e Minister’s office. A video
documentary of the W alk as well as other challen ges faced by the Bar througho ut its
history will be launch ed in early 2008;
(xii)
14 Malaysian Law Conference – The biennial law conference focussin g on 50 years
of indepen den ce an d the constitution at the Kuala Lumpur Conv ention Centre from 29 th31 st October 2007 was in deed a success. The SBC spon sored 24 m embers to particip ate
in this Conferen ce;
(xiii)
La wNet – The LawNet Serv ices was officially launched during the Malay sian Law
Confer ence an d nationwide road trips ar e being or ganised to other States to raise
awar eness of this Service;
(xiv)
Memorandum s – The BC inter alia pr esented/for war ded memorandums in respect of
the follo win g m atters:
th
81
(a) Prevention & Protection Against Fraudulent land Transactions – proposing
am endments to sections 187 B an d 340(3) an d (4) of the National Lan d Co de;
(b) Taxand Malay sia Sdn Bh d the consultants for Malaysian Bar made repr esentations
in resp ect of income reco gnition for tax purposes to the IRB;
(c) Proposed Constr uction In dustry, Payment and Adjudication Act;
(d) The authenticity of the video clip to the Special Indepen dent Panel ;
(e) The proposed No Fault Liability Sch eme
(xv)
La w Reform/Legislations – The BC was involved in the follo win g:
(a) Draft Regulation for the Buildin g and Comm on Property (Maintenance &
Managem ent) Act 2007;
(b) Amendments to the Industrial Relations Act 1967
In view of the curr ent financial position, details of which ar e in the BC Annual Report, the BC will
be tabling a motion to increase the annual subscription payable by m em bers.
There were 11 BC m onthly meetings and 3 Special Meetin g up to time of this report. The
attendance r ecord for the sam e are as follows:
R. V. Lingam
-
10
George Var ugh ese -
14
This term has indeed been hectic an d trying, jugglin g bet ween managing a sm all firm , serving the
SBC an d as a BC office bear er, but thoroughly enjoyin g the ch allenge an d experien cin g im mense
satisfaction from it, all at the sam e time. For this I thank the mem bers of Selan gor Bar for giving
me this opportunity to continue servin g the Bar.
Last but not in any way the least, I wish thank my colleagues in the Com mittee for all the support
and encouragement and the staff for all the assistance ren der ed during the year.
George Varughese
Selangor Bar Repr esentative to the Bar Council 2007-2008
82
No
Date / Day / Time/Venue
Events
Remarks
FEBRUARY
1
27th - Tuesday, 3.00pm Kela b Sha h
Alam
15th AGM Selangor Bar Committee
Meeting ended at 6.50 p.m.
MARCH
2
5th – Monday, 5.00pm
Selangor Bar Conference Room
1st Committee Meeting
3.
20th -Tuesday, 2.30 p. m.
5.30 p.m.
1st Introduction Session
2nd Committee Meeting
Addressed by Mr. Murali
APRIL
4.
3rd Committee Meeting
5.
16th - Monday, 2.30 p.m.
PJ Court
Courtesy call with the PJ Court.
Report by Ms. Kuna.
6.
20th - Friday, 3.00 p.m.
Courtesy call with the Klang Court.
Report by Ms. Kuna.
7.
24th - Tuesday, 2.00 p. m.
Sg. Buloh Prison
Courtesy call with the Pengarah, Penjara Sg Buloh.
Report by Mr. Suraj
MAY
8.
04th -Friday, 2.45 p.m.
Mahka ma h Sesyen, Shah Ala m
Courtesy call with the Shah Alam Sessio ns Court
Report by Ms. Kuna.
9.
4th Committee Meeting
10.
12th-Saturday, 9.00 a.m.
Padang 10, Petaling Jaya
Selangor Bar Cup (Football)
Report by Mr. Logen
11.
24th- Thursday, 9.30 a. m
Meeting with Lembaga Has il Dala m Negeri
Report by Ms. Sumathi
12.
Shah's Village Hotel, PJ
Malam Sua i Mesra/Retro Nite
Report by Puan Suzana
Talks o n "An Overview Understanding Of: The Strata
Titles (Amendment) Act 2007, The Housing
Development (Control & Licensing) (Amendment) Act
2007 And The Building & Commo n Properties
(Maintenance And Management) Act 2007" by Ms.
Sumathi, Ms. Grace, Ms. Shunita, Mr. Mohan, Cik
Noor Suhaila a nd Mr. Sando sh
Family Day, Health Campaign & J umble Sale
Report by Ms. Sumathi / Mr. Alvin Neo
Courtesy call with the CPO
Report by Mr. Suraj
JUNE
13.
1st - Friday, 3.00 p.m.
Selangor Bar Auditorium
14.
1st - Friday
15.
Ibu Pejabat Polis Kontijen
83
16.
17.
Mahka ma h Sesyen, Ampang
Courtesy call with the Ampang Sessions Court
Report by Ms. Kuna
18.
12th - Tuesday, 9.30 a.m.
Pejabat Pengarah Imigresen Ng.Sel
Courtesy call with the Pengarah, Imigration Selangor
Report by Mr. Suraj
19.
Mahka ma h Persekutua n Malaysia,
Putrajaya
20th - Wednesday, 2.30 p.m.
Courtesy call with the Chief Justice
Report by Ms. Kuna
Talks o n "E-Filling a nd E- Stamping" by Officers of
Lembaga Has il Dalam Negeri Selangor
Report by Ms. Sumathi
Talks o n "Banking Litigatio n-Foreclosure
Proceedings" by Mr. Suresh Sachinatha n
Report by Mr. Murali
20.
21.
JULY
22.
11th -Wednesday, 5.30 p.m.
23.
11th -Wednesday, 2.30 p.m.
Jabatan Kimia, Petaling Jaya
Courtesy call with the Pengarah Jabatan Kimia, Dato
Khalid Bin Safan
Report by Mr. Suraj
24.
13th & 14th - Friday & Saturday,
8.00 a.m.
Seremban, Negeri Sembilan
Malacca/Negeri Sembilan vs Sela ngor Bar Tripartite
Games
Report by Mr. Logen
2nd Introduction Session
Addressed by Mr. Murali
Talks o n "Bankruptcy-Its effect and the Law" by Ms.
Tejinderpal Kaur
25.
26.
AUGUST
27.
3rd - Friday, 2.30 p.m.
Talks o n "Conversion of a spo use in a Non-Muslim
Marriage" by Mr. Balwant Singh Sidhu
Report by Mr. Alvin Neo
28.
4th - Saturday, 8.00 a.m.
UITM Sports Complex Shah Ala m
Report by Mr. Logen
29.
9th -Thursday, 5.30 p.m.
Selangor Law Games And Family Day
Tripartite/Q uadrangular Games & The Judges
Trophy (Uitm/Judiciary/Police//SBC)
30.
Jabatan Peguam Negara, Putrajaya
Courtesy call with the Attorney General, Y.B Tan Sri
Abdul Gani Bin Patail
Report by Ms. Kuna
31.
Balai Polis Kuala La ngat
Courtesy call with the OCPD Daerah Kuala La ngat,
Banting, Supt. Tn. Zulkifli Bin Mohama d
Report by Mr. Suraj
32.
Pusat Biro Bantuan Guaman, Sha h
Alam
28th - Tuesday, 2.30 p. m.
Meeting with the Director, En. Mazlan Bin Jamaludin
Report by Mr. A G Kalidas
Talks o n "ICT-Obstacles to the Future Development
of Law" by Mr. Rajasekaran and Mr. Teh Tai Yong
Report by Mr. Ng Chung Yee
Dialogue-Bar Council Walk-Abouts/Dinner with Bar
Council Members
(Dialogue at Selangor Bar Auditorium a nd Dinner at
Kelab Sha h Alam)
National Law Awareness
Report by Mr. A G Kalidas
33.
Meeting ended at 9.35p.m.
SEPTEMBER
34.
35.
8th- Saturday - 9.00 a.m.
Dewan MPS, Taman Gomba k
Report By Mr. Rajpal
84
36.
37.
17th- Monday,2.30 p.m.
Bilik Mesyuarat Bunga Raya,
Petaling Land Office
19th- Wednesday,10.00 a.m
Meeting with the Petaling Land Office
Report By Ms Sumathi
Courtesy Call On State Legal Adviser, Datuk Zauya h
(SUK, Shah Ala m)
Report By Ms Kuna
OCTOBER
38.
1st - Monday, 5.30pm
39.
22nd - Monday, 5.30pm
3rd Introduction Session
40.
29th - 31st - Monday - Wednesday
Kuala Lumpur Convention Centre
14th Malaysian Law Conference
Report by Mr. R V Lingam
NOVEMBER
41.
2nd - Friday, 7.30 p. m.
Concorde Hotel, Shah Alam
Annual Dinner and Dance
42.
14th - Wednesday, 9.30 a.m.
Bilik Mesyuarat Gemilang 1,
Bangunan SSAAS, Shah Ala m
16th - Friday, 4.30p.m.
DPP Office, SUK, Shah Ala m
Meeting with the Pengarah Pejabat Tanah Dan Galian
Selangor
Report By Ms Sumathi
Courtesy call with the Ketua Unit Penda kwaan (DPP),
Tuan Nik Suhaimi Bin Nik Sulaiman
Report By Mr. Suraj
44.
21st - Wednesday, 4.00p.m.
Forum on No Fault Liability Scheme
Reported By Mr. R V Lingam
45.
23th - 25th - Friday - Sunday
Kuching, Sarawa k
3D 2N - A trip to the High Court Complex of Kuching
46.
29th - Thursday, 5.30 pm
Meeting with the Lembaga Hasil Dalam Negeri
Malaysia
Report By Ms. Sumathi
Courtesy call with the Chief Justice of Malaya, Y.A.A.
Dato' Alauddin Bin Dato' Mohd Sheriff
Report By Ms Kunamony
43.
DECEMBER
47.
48.
4th - Tuesday, 9.00 a.m.
Bilik Mesyuarat Perdana,
Komple ks Banguna n Kerajaan
Jalan Duta, Kuala Lumpur
5th - Wednesday, 10.00 a.m.
Pejabat Y.A.A., Istana Keha kima n
Putrajaya
JANUARY
49.
3rd - Thursday, 5.30p. m.
50.
18th - 20th - Friday - Sunday
City Bayview, Penang
National Young Lawyers Convention
Report by Mr. Murali / Mr. Ng Chung
Yee
51.
18th - Thursday, 5.30 p.m.
52.
23rd - Wednesday, 10.00a.m
Hospital Besar Tengku Ampuan
Rahima h, Klang, Selangor
Visit to the Children's Ward
16th Annual General Meeting of Selangor Bar
Meeting ended at
FEBRUARY
53.
27th - Wednesday, 3.00p.m.
Kelab Golf Sultan Abd. A ziz Sha h,
Shah Ala m, Sela ngor
85
SELANGOR BAR COMMITTEE
41, Jalan Bola Jaring 13/15, Sectio n 13,
40100, Shah Alam, Selangor Darul Ehsan.
Tel: 603-5519 6219 Fax: 603-5519 9037
Websit e: www.selangorbar.org
Email: [email protected]

27th FEBRUARY 2008 3.00pm KELAB GOLF SULTAN ABDUL AZIZ

Transcription

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