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Tuesday, 27 September 2016

NYLC-MCCHR Strategic Litigation Camp 2016



18 – 21 August 2016

Training Room at Avillion, Port Dickson, Negeri Sembilan

Report by Nadra Fatima binti Mannan


From 18 to 21 August 2016, the National Young Lawyers Committee (NYLC) in collaboration with the Malaysian Centre for Constitutionalism and Human Rights (MCCHR) organised an action packed Strategic Litigation Camp at Avillion, Port Dickson, Negeri Sembilan which was attended by twenty participants from all over Malaysia. With sponsorship courtesy of the Kuala Lumpur Bar Committee (KLBC), the author and several KLBC members attended the said camp which turned out to be a memorable and wonderful learning experience.

Training for the camp actually begun before 18 August 2016 when the participants received email instructions to prepare for a moot scheduled for 19 August 2016. Each group was to draft written submissions and to prepare oral submissions for the said moot. Although the moot was held for the very first-time by camp organisers, the hiccoughs were few and far outweighed by the fun and camaraderie among the participants. The moot should indeed be a recurring feature at future camps as it gives the participants to hone their courtroom skills. The author’s group consisted of the following participants:

Name
Law Firm
Chong Pei Yen (Emily)
Tan Law Practice
Priscilla Chin Hooi Sze
Kanesalingam & Co.
Tiu Foo Woei (Cyrus)
Foo Woei & Co.
Datuk Yeo Heng Hau
Halim Hong & Quek

We were assigned the role of counsel for the Respondent in the case of Maria Chin Abdullah & 2 Others v Menteri Dalam Negeri & Another to resist the appeal brought by the Applicant after having lost in the High Court in her bid to judicially review the yellow T-shirt ban during the “Bersih 4.0” rally. As some of you will remember, the Home Minister had issued an order under the Printing Presses and Publications Act to ban yellow T-Shirts which had been associated with the rally. 

The group vividly recollected the first group meeting where Datuk Yeo candidly stated that it was a losing battle for the Respondent. This sentiment was shared by one of the camp facilitators but the point was to demonstrate the ability to make sustained submissions in support of the Respondent’s case. Feedback from the facilitators cum judges was useful and provided an insight as to how to approach the submissions.

Another aspect of the camp was to expose the participants to how Strategic Litigation may be used to address socio-legal issues in various areas of human rights. The concept of strategic litigation is new to some of the participants and our attention was kept focused on various case studies and discussions on current issues such as the depiction of the Prophet Muhammad S.A.W. in a cartoon by Charlie Hebdo, gender discrimination and many more.

Groups were then given the task of analysing various issues. Our group tackled the issue of unilateral conversions whereas other groups focused on issues such as gerrymandering and whether Muslim women ought to be allowed to eat in public during Ramadhan. Group interaction was key and there was a fluid exchange of ideas and opinions which culminated in a group presentation. 

There was a second mooting session which was judged by Aston Paiva, Goh Siu Lin and Edmund Bon, all of whom gave excellent feedback and comments which we will all seek to incorporate into practice.













Overall, the whole training Camp was enlightening and meaningful with tremendous experience and memories. We would like to pay tribute to the organisers: NYLC, MCCHR, Liberal Banter, KLBC, the facilitators: Khairil Zhafri, Long Seh Lih, Sherrie Razak and Syahredzan Johan for conducting and coordinating this training camp smoothly and efficiently.

I am glad to have had the opportunity of working together with fellow comrades: Emily, Priscilla, Foo Wei, and Datuk Yeo and we worked well as team despite distractions in the form of the badminton singles match for gold between Datuk Lee Chong Wei and Cheng Long from China at the Rio Olympics. 


NYLC-MCCHR Strategic Litigation Camp 2016



Date : 18 – 21 August 2016

Venue : Avillion Resort, Port Dickson

Report by Donovan Lee ShyunHyn


Introduction
1.    The Bar Council’s National Young Lawyers Committee (“NYLC”) in collaboration with the Malaysian Centre for Constitutionalism and Human Rights (“MCCHR”) jointly organised a strategic litigation camp from 18 to 21 August 2016 at Avillion Resort, Port Dickson (the “Camp”). The theme for the Camp was freedom of expression.

2.    The Camp’s attendees (the “Campers”) comprised of 19 young lawyers and pupils-in-chambers who hail from Johor, Kuala Lumpur, Perak, Sabah and Selangor, some of whom were sponsored by their respective State Bar Committees. Yours truly was able to attend the Camp due to the generosity of the Kuala Lumpur Bar Committee in providing the sponsorship.

Day 1: Thursday, 18 August 2016
3.    A bus was chartered to ferry the majority of the Campers who were from Kuala Lumpur and Selangor to the Resort. The Campers from further afield reached the Resort via train and/or flight. With most Campers having reached the Resort at around 4:00 pm, room keys were distributed and bags were unpacked. Following a short safety briefing, the Campers tucked into dinner.  


Photo Description: Taken with my roommate, Cyrus

Photo Description: The Conference Room

Photo Description: Day 1Round Table Dinner

4.    At 7:00 pm, we proceeded to the conference room for the introduction and our very first session. Khairil Zhafri, the Project Officer from MCCHR (“Khairil”) started the ball rolling by introducing himself and also the facilitators for the Camp who are none other than Long Seh Lih, the co-founder of MCCHR (“SehLih”); Khaizan Sharizad Ab Razak, Chair of the National Young Lawyers Committee (“Sherrie”); and Syahredzan Johan, member of the Bar Council (“Syah”).

5.    The Campers and facilitators all contributed to and agreed to be bound by some ground rules which included a ban on playing Pokemon Go and to silent/switch-off our mobile phones during the Camp sessions. Especially important was the strict observance of punctuality for which Campers faced a sanction in the event of its breach.

The Camp’s first session was a film screening and group discussion on freedom of expression, facilitated by Sherrie. The said film was a good eye opener to most of the Campers present as it presented a fresh perspective and set the tone for the remainder of the Camp.

6.    A moot was scheduled for the following morning and written submissions were to be “filed” by 8:00 am the next morning with Khairil. Campers broke into their respective groups to discuss and prepare for the moot.

Day 2: Friday, 19 August 2016
7.    Breakfast began from as early as 7:00 am. Cyrus and I were the earliest at the cafeteria while the rest of the Campers and facilitators started to show up after 8:00 am. Judging by the amount of food served buffet style during the Camp, it is fair to say that the Campers were never left hungry.

Photo Description: The earliest for breakfast on Day 2

8.    At 9:00 am sharp, we were all in the conference room, eagerly and anxiously waiting for the moot to begin. There were 4 groups of Campers with each group either assigned to represent an applicant or a respondent and there were two sets of cases. I was in Group A whereby we acted for the applicants in Maria Chin Abdullah & 2 Others v Menteri Dalam Negeri & Another. My group mates were Nur Zalika Mohd Asri Redha (from Kuala Lumpur); Noraziah Bt Abdul Aziz and Jespreet Kaur Gurdip Singh (from Ipoh); and Mohammad Muzammil Mohamamd Hairiri (from Johor Bahru).

 
Photo Description: My Group A mates, (from the left) Muzammil, Ika, Jespreet, Azee and myself

9.    Groups C and D mooted first followed by my group and Group B who was the Respondent in our case. Each group was given about 15 minutes to present their side of the case followed by the judges’ comments at the end of each case. The judges were Seh Lih, Sherrie and Syah.


 
Photo Description: First Moot Session before (from the left) Sherrie, Seh Lih and Syah

10.    Immediately after the moot session, there was a 30-minute coffee break where light refreshments comprising two types of kuih were served, together with coffee/tea. Campers finally got to unwind a bit after the previous night-long preparation for the moot.

11.    At 11:00 am, Seh Lih introduced to us the concept of strategic litigation and generously shared with us how it all started when she co-founded MCCHR. We were informed, among others, that strategic litigation cases are undertaken by lawyers who are passionate about protecting public interest and upholding the rule of law and MCCHR provides funding for these cases.

12.    Lunch break was between 12:30 pm to 1:30 pm, back at the cafeteria. Some of the Campers including myself went back to our respective rooms to get a power nap before we had our lunch while the rest spent the entire hour at the cafeteria; enjoying the variety of food and chit-chatting.

13.    The session after lunch was also facilitated by Seh Lih. The Campers were taught the international human rights standards where treaties such as the Universal Declaration of Human Rights (“UDHR”) and International Covenant on Civil and Political Rights (“ICCPR”) were referred to. However, before the treaties came into the picture, we were first given a brief talk on the United Nations and its structure. As the theme for the Camp was on the freedom of expression, the relevant provisions of the said treaties that we primarily focused on were Article 19 of the UDHR and Article 19(2) & (3) of the ICCPR. Seh Lih then went on to talk about the permissible restrictions under international human rights law.

 
Photo Description: Seh Lih on the Structure of United Nations

14.    A lightning recap was conducted immediately after Seh Lih’s session by Khairil. It was actually a pop quiz segment where we were asked questions related to the sessions facilitated by Seh Lih earlier. For every question that we answered right, we will be rewarded with a ‘star’ but the ‘star’ will be removed if we get the next question wrong. It was an individual pop quiz and the winner will receive a mystery gift. Campers were all excited to attempt answering the questions and the winner of the pop quiz was none other than Nurainie Haziqah who got herself a pair of LoyarBurok cufflinks! Congratulations, Ainie!

15.    Soon it was the afternoon tea break followed by the session on human rights advocacy experience exchange led by all the facilitators present. Seh Lih, Sherrie and Syah each took turns to sit at a round table with Campers who were reshuffled and divided into three groups. They had about 15 minutes each to share with the Campers seated at the respective tables on their experiences working on strategic litigation matters. Campers were also encouraged to ask them questions and share their expectations of the Camp.

16.    Next in the agenda was the moment that all of us could not wait for i.e. personal downtime! As the Resort has breathtaking scenery, white sandy beaches, spectacular swimming pools and a well-equipped fitness centre, we thought that it was finally the time that we could actually let loose and truly enjoy the Resort’s facilities for the day, after the long day of lecture plus the preparation for moot the previous night!

Photo Description: The breathtaking view of the Resort!
 
Photo Description: The Fitness Centre!

17.    To our dismay, we were given two sets of homework to do! One was to read up the press statements of the Bar Council and identify the issues to be presented the next morning while the other was a case study pursuant to the session on international human rights standard that we will also have to present the next day. There goes our downtime! Nevertheless, we still managed to squeeze in some leisure activities, being lawyers who are expected to have good time management.

Day 3: Saturday, 20 August 2016
18.    Day 3 began with the presentation of issues extracted from the press releases given on the previous day followed by the presentation of case study by the respective groups. Since Day 2 was about international human rights standards, the crux of Day 3 was predominantly focused on the Federal Constitution of Malaysia (“FC”). Syah then enlightened the Campers on the fundamental liberties enshrined in the FC wherein freedom of expression is one of them whereas Sherrie touched on the restrictions on freedom of expressions in Malaysia, after the break.

19.    Lunch was at 12:30 pm for about an hour as usual. Thereafter, Khairil took charge of the next session on human rights advocacy beyond litigation where we were introduced to other methods of human rights advocacy. Within our original groups of four, the Campers were asked to select a cause that they would like to advocate and prepare the presentation on how they were going to go about it, advocating the cause.

Photo Description: Me presenting for the group

20.    Just like Day 2, a pop quiz was carried out right after the group presentations but the questions this time revolved around the topic covered in Day 3 i.e. in the Malaysian context. Instead of an individual effort, it was made a group effort to get as many right answers as possible and the prizes given for each correct answer was a LoyarBurok sticker!

21.    Day 3 ended with the briefing on the final moot session by the facilitators which will take place on Day 4. The Campers were encouraged to incorporate and apply all the knowledge gained in the past two days into their respective written and oral submissions during the final moot. With that in mind, Campers left to prepare for their respective moots.

Day 4: Sunday, 21 August 2016
22.    Day 4 was the final day of the Camp. The moot session this time was adjudicated by external judges namely Goh Siu Lin, Edmund Bon and Aston Paiva, who are all well-known strategic litigators. Groups A and B were the first two groups to present their side of the case followed by Groups C and D. Invaluable feedback were given by the external judges at the end of each case’s presentations.

Photo Description: The Final Moot before (from the left) Aston Paiva, Goh Siu Lin and Edmund Bon

23.    As the final moot session came to an end, the relieved and joyful feelings were evident on the faces of all the Campers. All of us including the facilitators and external judges took a group photograph in the conference room before we proceeded to check out.

 
Photo Description: The All Inclusive Group Photo!

24.    We had our final lunch at 12:30 pm together and we bade farewell to each other thereafter.
 
 
Photo Description: Final Lunch

Closing
25.    Overall, the Camp was really worth attending albeit intensive as we were bombarded with vast amount of information in respect of human rights, particularly on freedom of expression. It was eye-opening for me and the rest of the Campers. My expectations were met and I now know what strategic litigation is all about. The knowledge gained during the Camp coupled with the practical moot sessions has increased my awareness on human rights and boosted my confidence to begin assisting with strategic litigation matters.

26.    I would like to express my gratitude to the organisers of the Camp for accepting my application to participate in the Camp and the Kuala Lumpur Bar Committee for sponsoring my participation.

Friday, 2 September 2016

KLBC Activities Report for July 2016

14 July 2016
Pupils Introduction Session
As a monthly tradition organised by the KLBC Pupils Committee, the Pupils Introduction Session for July was held on 14 July 2016. The session, attended by 102 pupils, was led by Shashi. The purpose of the session is to introduce pupils to the structure of the Malaysian Bar and the Kuala Lumpur Bar, the election to both the Bar Council and the Kuala Lumpur Bar Committee (KLBC) and the highlights of the Malaysian Bar. It included a session for pupils to raise issues and problems faced by them during their pupillage period and other members of the KLBC were also present to provide input and possible solutions. Like previous sessions, the pupils were also shown a video montage of the History of the Malaysian Bar.



15 July 2016
KL Bar Golf Invitational Tournament 2016
The Sports Committee revived the KL Bar Golf Invitational Tournament which was last held in 2005. The Tournament, held at the Bukit Jalil Golf & Country Resort on 15 July 2016, received encouraging response with 44 participants. The winners were:

1.         Champion: Azuan Abdul Aziz, Handicap 9, 37 Points On Count Back (“OCB”)
2.         2nd Place: Sirius Saqti Aros, Handicap 13, 37 Points
3.         3rd Place: Yoong Chee Min, Handicap 10, 36 Points OCB
4.         4th Place: Anuar Hafiz Abu Hassan, Handicap 12, 36 Points OCB
5.         5th Place: S. Mahendran, Handicap 19, 36 Points
6.         6th Place: P. Param, Handicap 19, 35 Points OCB
7.         7th Place: Aminruddin Salleh, Handicap 19, 35 Points OCB
8.         8th Place: Ridzmann Abdullah, Handicap 24, 35 Points
9.         9th Place: Kunasekaran, Handicap 20, 34 Points OCB
10.       10th Place: Anand Ponnudurai, Handicap 22, 34 Points

•           Best Gross Score: Amran Parimon, Handicap 7, 79 Gross
•           Longest Drive On Hole No. 7: Surendran Sreetharan
•           Nearest To Pin On Hole No. 8: Anuar Hafiz Abu Hassan
•           Nearest To Pin On Hole No. 16: Sirius Saqti Aros

Click here to view the photos.



19 July 2016
PDC Seminar on Memorandum of Understanding
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Lim Kien Chai on 19 July 2016 at the KL Bar Auditorium from 2:30 pm to 4:30 pm. The seminar was attended by 44 participants. The seminar covered the following topics: “Introduction regarding the use of an MOU in the business, commercial and corporate world”; “The legal nature”; “Why is an MOU not legally binding?”; “How could an MOU be made legally binding?”; “Under what circumstances could an MOU be legally binding or not legally binding?”; “Drafting an MOU”; “With full practical illustrations of drafting a non-legally binding or a legally binding MOU”; “Even if the MOU itself is not legally binding, to obtain a critical understanding of an MOU and whether it has the force of the law to protect your client’s business interests and other formalities, notwithstanding its non-legal nature".



22 July 2016
KLBC-SBC Annual Get-Together 
Hosted by the KLBC this term, the Annual Get-Together between the KLBC and Selangor Bar Committee (SBC) was held on 22 July 2016 at the President’s Room, Royal Selangor Club, Dataran Merdeka. This Annual Meet was for the office bearers of the KLBC and SBC for the 2016/17 term to get to know each other and to discuss how to work closely to cater to the mutual needs of members of both Bars.

26 July 2016
PDC Seminar on The Companies Bill 2015 Vis-À-Vis Malaysian Companies Law (Part 2)
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Wong Tat Chung on 26 July 2016 at the KL Bar Auditorium from 2:30 pm to 5:30 pm. The seminar was attended by 111 participants. Part 1 of the seminar was held on 21 June 2016.




27 July 2016
YLC Seminar on The Fundamentals of Intellectual Property
Organised by the KLBC Young Lawyers Committee (YLC), this seminar was presented by Eunice Chan Wei Lynn on 27 July 2016 at the KL Bar Auditorium from 2:30 pm to 5:00 pm. The seminar was attended by 36 participants. The scope of the seminar was as follows: "What is intellectual property and why is it important"; "Overview of the different types of intellectual property"; "Trade Marks"; "Patents"; "Copyright"; "Industrial Design"; "Confidential Information"; and "Recent case law on intellectual property".


Friday, 15 July 2016

KLBC Activities Report for May and June 2016

4 May 2016
PDC Seminar on Understanding Annual Reports And Its Financial Statements
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Lim Kien Chai on 4 May 2016 at the KL Bar Auditorium from 9:30 am to 4:30 pm. The seminar was attended by 41 participants. The seminar covered, amongst others, "Introductory on its importance", "Accounting jargons made understandable for lawyers", "What are the components of Annual Report?", "What are these: ledger accounts, journal entries, double-entries, T-accounts?", "Why this term “Trial Balance”?", "Why this term “Balance Sheet”?", "What are the salient features of a Balance Sheet?", "What are and the types of Assets?", "What are and the types of Liabilities?", and "Are Balance Sheet’s liabilities an indication of “not good” financial position and/or poor financial management”.


6 May 2016
Courtesy Call and Meeting between the KLBC Civil Practice Committee (“CvPC”) and the Kuala Lumpur Court’s Administrators 
The Meeting was held at the Kuala Lumpur Courts and was attended by the Kuala Lumpur Courts’ Director, Supervising Judges as well Registrars in charge of the various Divisions. KLBC was represented by its Chairman Ravin Singh, Chairperson of the CvPC Harleen Kaur, and Chairperson of the Sports Committee Alwin Rajasurya. Summary of the issues discussed had been circulated to members via e-blast on 1 June 2016 and may be accessed here.

11 May 2016
YLC Seminar on An Introduction To Aviation LA: Carrier Duties Under Contract And Tort
Organised by the KLBC Young Lawyers Committee (YLC), this seminar was presented by Mohd Azinuddin Abd Karim on 11 May 2016 at the KL Bar Auditorium from 2:30 pm to 5:00 pm. The seminar was attended by 19 participants. The scope of the seminar was as follows: "Introduction to Aviation Law in Malaysia and the relevant legal framework."; "Contractual obligations under the Civil Aviation Act 1969, the Civil Aviation Regulations 1996 and the Civil Aviation Conventions."; "Liabilities of the carrier under tort"; and "Case review".


12 May 2016
Pupils Introduction Session
As a monthly tradition organised by the KLBC Pupils Committee, the Pupils Introduction Session for May was held on 12 May 2016. The session, attended by 103 pupils, was led by Ravin Singh. The purpose of the session is to introduce pupils to the structure of the Malaysian Bar and the Kuala Lumpur Bar, the election to both the Bar Council and the Kuala Lumpur Bar Committee (KLBC) and the highlights of the Malaysian Bar. It included a session for pupils to raise issues and problems faced by them during their pupillage period and other members of the KLBC were also present to provide input and possible solutions. Like previous sessions, the pupils were also shown a video montage of the History of the Malaysian Bar.


17 May 2016
PDC Workshop on Basic Conveyancing and Banking Practices
Organised by the KLBC Professional Development Committee (PDC), this workshop was presented by Santha Menon and Kenneth Wong Poh Lim on 17 May 2016 at the KL Bar Auditorium from 11:00 am to 1:00 pm. The workshop was attended by 24 participants. The workshop covered key points relating to Sale and Purchase Agreements and Housing Loan Documentation including - "General Land Laws in Malaysia"; "Process Flow of a Sale and Purchase Agreement"; "Sub-sales transactions"; and "Process Flow of Housing Loan Documentation".



25 May 2016
YLC Seminar on An Introduction to Family Law
Organised by the KLBC Young Lawyers Committee (YLC), this seminar was presented by Choo Dei Wei on 25 May 2016 at the KL Bar Auditorium from 2:30 pm to 5:00 pm. The seminar was attended by 27 participants. The scope of the seminar was as follows: "An overview of the Law Reform (Marriage and Divorce) Act 1976 and the Rules thereunder"; "Divorce – Single or Mutual?"; "Reasons for Divorce – Where is the Love?"; "Matrimonial Property – I Want HALF"; "Maintenance of Spouse – Show Me the Money"; and "Protection of Children – Daddy & Mummy, Please don’t Leave".


27 May 2016
PDC Seminar on Voluntary Disclosure Options for Tax Evaders/Backlogs
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Renganathan on 27 May 2016 at the KL Bar Auditorium from 3:30 pm to 5:30 pm. The seminar was attended by 16 participants. The scope of the seminar was as follows: "Objectives Voluntary Disclosure Programme"; "Offences and Penalties"; "Payment System"; "Voluntary Disclosure Process – penalty waiver/reduction from March to December 15th of 2016"; and "Rights and Responsibilities of a Taxpayer and Tax Agent".


27 May 2016
Pupils’ Night Out
The Pupils' Night Out which was held on 27 May 2016 at Bilique, Bangsar was a success with a crowd of over 60 people, comprising pupils and members of the Bar, coming early and staying past midnight. The objective of the event was to allow young members of the legal fraternity to come together, forge good relationships, and meet and greet practising lawyers who were more than willing to share their experiences. It was the first event of the term of the KLBC Pupils Committee 2016/17.


28 May 2016
4th KL Bar Futsal Competition 2016
Organised by the KLBC Sports Committee, the 4th KL Bar Futsal Competition 2016 was held at SAMBA DE FUTSAL, Petaling Jaya on 28 May 2016 from 9:00 am to 3:00 pm. A total of 20 teams participated in the event and the winners were: Men’s Category – Victorious Secret 2 (Champion); Bola Senza (1st Runner-up); ZMM Club (2nd Runner-up). Men’s (Plate) – Victorious Secret 1 (Winner); Johore Bar A (Runner-up). Women’s Category – Foxes (Champion); Naqiz & Partners (Runner-up). Men’s Best Player - Ahmad Syafiq bin Ahmad Rujhan @ Ahmad Rajuhan (Victorious Secret 2). Men’s Best Goalkeeper - Tan Choon Keet (Victorious Secret 1). Women’s Best Player - Hanna Ameera binti Mohd Rosni (Foxes).


31 May 2016
CCPC 1-Day Workshop on Acting for Bank Financing Purchase from Developer
Organised by the KLBC Corporate and Conveyancing Practice Committee (CCPC), this workshop was presented by Lee Peck Ha, Nahzatul Ain and Donny Kwa on 31 May 2016 at the KL Bar Auditorium from 9:00 am to 5:00 pm. The seminar was attended by 19 participants. The scope of the workshop was as follows: “Variations in Sub-Sale – SPAs”; “Banking Documents (Islamic Banking & Government Loans)”; and “Risk Management, Rules of Bar Council and Aftermath Advice”.


3 June 2016
PDC Seminar on Admiralty Law and Practice in Malaysia
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Jeremy M Joseph on 3 June 2016 at the KL Bar Auditorium from 9:00 am to 5:00 pm. The seminar was attended by 69 participants. The scope of the seminar was as follows: "Introduction to Admiralty Jurisdiction"; "Action In Rem and Action In Personam"; "Ship Arrest as an effective Remedy"; "Security and Release"; "Preventing an Arrest and Wrongful Arrest"; "Maintenance of a Vessel and dealing with problems"; "Powers of the Sheriff and common issues that arise during an arrest"; "Judicial Sale of the Vessel and Priorities of Maritime Claims"; "Enforcing Liens in effective ways"; "Use of Injunctions and various interlocutory applications in admiralty disputes"; "Limitation of Liability"; "Stay of Proceedings and Maritime Arbitration"; "Tips and effective strategies for the Practitioner"; and "Using the Admiralty Court and the Practice Directions".


9 June 2016
Civil Litigation Workshop for Pupils
The KLBC Pupils Committee organised a Civil Litigation Workshop specifically for pupils on 9 June 2016. Presented by Colin Andrew Pereira and Sanjeev Kumar Rasiah, the workshop focused primarily on the practical aspects of handling a brief covering the following areas, “Opinion writing exercise”; “Drafting of pleadings exercise”; and “Presenting a case in court”. 45 pupils attended the workshop.



17 June 2016
PDC Seminar on Medical Law
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Karthi Kanthabalan on 17 June 2016 at the KL Bar Auditorium from 3:00 pm to 6:00 pm. The seminar was attended by 56 participants. The scope of the seminar was as follows: "Medical Law: A Wide Reach"; "Medical Litigation: Limitation Periods, Procedural Issues (including Capacity of Parties and Naming of Parties), Jurisdiction of the Various Courts, Causes of Action, and Relief; Taking Instructions, Access to Medical Records, Identifying and Preparing Instructions to Experts, Medical Examinations, Experts' Reports, Experts' Fees, and Preparation of Cause Papers; and Using Medical Literature and Aids to the Giving of Expert Evidence, Presentation of Lay and Expert Evidence, and Preparing Arguments"; "Legal Questions affecting Medical Negligence, including regarding the Standard of Care, Causation of Damage, Assessment of Damages, and Costs"; and "Some Types of Litigation with a Medical Content, including Disciplinary Proceedings, Judicial Review, Criminal Cases, and Employment Disputes".


21 June 2016
PDC Seminar on The Companies Bill 2015 Vis-À-Vis Malaysian Companies Law (Part 1)
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Wong Tat Chung on 21 June 2016 at the KL Bar Auditorium from 2:30 pm to 5:30 pm. The seminar was attended by 109 participants. The scope of the seminar was as follows: "Introduction"; "Wholly new provisions"; "Modification of existing provisions"; "Retention of existing provisions"; and "Some further aspects for reform".


23 June 2016
Pupils Introduction Session
As a monthly tradition organised by the KLBC Pupils Committee, the Pupils Introduction Session for June was held on 23 June 2016. The session, attended by 78 pupils, was led by Shashi Devan. The purpose of the session is to introduce pupils to the structure of the Malaysian Bar and the Kuala Lumpur Bar, the election to both the Bar Council and the Kuala Lumpur Bar Committee (KLBC) and the highlights of the Malaysian Bar. It included a session for pupils to raise issues and problems faced by them during their pupillage period and other members of the KLBC were also present to provide input and possible solutions. Like previous sessions, the pupils were also shown a video montage of the History of the Malaysian Bar.


25 June 2016
Buka Puasa with Rohingya and Myanmar Muslim Refugees
In the spirit of the holy month of Ramadhan, the KLBC together with the Association of Women Lawyers (AWL) jointly organised a Buka Puasa event with 250 Rohingya and Myanmar Muslim refugees at : MyWelfare Centre (Malaysian Humanitarian and Welfare Organisation), 14, Jalan 4, Selayang Baru, (Pasar Borong Selayang Lama), 68100 Batu Caves. We managed to raise RM9910 for Rainbow of Love Informal School for Refugee Children run by MyWelfare.

28 June 2016
YLC Charity Gala Audition @ Bilique Bar & Lounge
The Young Lawyers Committee (YLC) organised an Audition at Bilique Bar & Lounge on 28 June 2016 for the Charity Gala which will be held on 5 August 2016 at Glasshouse @ Seputeh.


Monday, 23 May 2016

KLBC Activities Report for April 2016

1 April 2016
PDC Seminar on Bankruptcy: Law and Practice
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Lua Ai Siew on 1 April 2016 at the KL Bar Auditorium from 2:30 pm to 5:30 pm. The seminar was attended by 64 participants. The scope of the seminar was as follows: "Commencing Bankruptcy Proceedings - S 6(3) Of Limitation Act 1953 Vs. ROC 46 Rule 2(1)(A). Dr Shamsul Bahar Bin Abdul Kadir Vs RHB Bank Berhad [2015]4 MLJ 1 (FC)"; "Bankruptcy Notice (BN), Setting Aside BN – BR Rules 95, 18"; "Presenting A Creditor's Petition (CP) - Position Of Secured Creditor; Presenting A Petition On Behalf Of A Corporation; Show Cause By The Debtor Under Rule 117.  Power Of The Court To Enter Receiving Order (RO) And Adjudication Order (AO), Stay Or Dismiss CP.  Test Applicable In An Application To Stay Bankruptcy Proceedings"; "Effect Of RO - S 8 BA And Section 349 NLC. Rights Of A Secured Creditor After RO.   Second Bankruptcy – S 49"; "Effect Of AO - Ss 24(4) And 48 Of BA And Its Effect On Antecedent Transactions – Ss 50 – 54 BA"; "Payments – Effect Of Payments After (I) Filing Of BN; (Ii) Filing Of CP And (Iii) ROAO"; "Disabilities Of A Bankrupt - Ss. 36, 37 And 38 Of BA"; "Proof Of Debts - S 42 And Schedule C.  MBB V Boau Yoon Fut [2015] 2 MLJ 353(CA); HLBB V Sheikh Ahmad Marzuki Bin Sheikh Yusof [2015] 2 MLJ 12 (CA)"; "First Creditors Meeting And Public Examination"; "Annulment Of AO And Rescission Of RO – Ss 14 And 105 BA & Rule155"; "Discharge Of Bankrupt - By The Court (S 33) And By The DGI (S 33A).  Factors To Be Considered And Challenging The Decisions"; and "Miscellaneous - Application Of Rules Of Courts 2012 And Effect Of Adjudication By The Court In The Republic Of Singapore."


5 and 6 April 2016
CCPC 2-Day Practical Workshop on the Conveyancing Practice
Organised by the KLBC Corporate and Conveyancing Practice Committee (CCPC), this workshop was presented by Lee Peck Ha (Team Leader), R Yogeswari, Dennis Teoh, Susan Joseph, Nahzatul Ain binti Mohd Khalid, Chong Wai Kuan, Sarah binti Kambali, Daphne Lew Chah Yee and Ow Hui Ching on 5 and 6 April 2016 at the KL Bar Auditorium from 9:00 am to 5:00 pm. The workshop was attended by 24 participants. The scope of the workshop was as follows: "Are Options Really Crucial And Necessary? Why?"; "Why Do Some Transactions End Up In The Trash?"; "What Should You Look Out For When Transacting For Your Clients?"; "How Is It That Despite The 'Standard' Terms And Conditions In SPAs, Conveyancers Can Still Disagree On Certain Issues?"; "When Does A Conflict Of Interest Arise For You To Worry About?"; and "How Do You Safeguard Yourself Against A Complaint Being Lodged Against You In A Conveyance?".



7 April 2016
Pupils Introduction Session
As a monthly tradition organised by the KLBC Pupils Committee, the Pupils Introduction Session for April was held on 7 April 2016. The session, attended by 84 pupils, was led by Shashi Devan. The purpose of the session is to introduce pupils to the structure of the Malaysian Bar and the Kuala Lumpur Bar, the election to both the Bar Council and the Kuala Lumpur Bar Committee (KLBC) and the highlights of the Malaysian Bar. It included a session for pupils to raise issues and problems faced by them during their pupillage period and other members of the KLBC were also present to provide input and possible solutions. Like previous sessions, the pupils were also shown a video montage of the History of the Malaysian Bar.


8 April 2016
PDC Seminar on Real Property Gains Tax
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by N. Rajagopal and K.Kanthaiah on 8 April 2016 at the KL Bar Auditorium from 3:00 pm to 6:00 pm. The seminar was attended by 33 participants. The scope of the seminar was as follows: "Background Of RPGT"; "Land Speculation Act 1974"; "Tax On Capital Gains"; "Scope Of Charge"; "Chargeable Person"; "Corporate Bodies, Partnerships, Individuals, Rulers, Executors, Trustees Hindu Joint Families And Incapacitated Persons"; "Meaning Of “Real Property”"; "Basis Of “Year Of Assessment”"; "Examples Of Disposals"; "Rates Of Tax Applicable"; "Recent Developments"; "Meaning Of The Terms “Disposal” And “Acquisition”"; "Date Of A Disposal And Date Of An Acquisition"; "Date Of Completion Of The Disposal"; "Computation Of RPGT"; "Computation Of Disposal Price"; "Computation Of Acquisition Price"; "Exemption For Residential Home - Section 8"; "Election To Be Done. Properties Which Qualify For The Exemption?"; "Duties Of An Acquirer / Duties Of A Disposer"; "Treatment Of Losses"; "When Can Losses Be Carried Forward"; "Situations Of No Gain No Loss / Situations Where The Disposal Price Is Equal To The Acquisition Price"; "Real Property Company (RPC)"; "Disposal Of RPC Shares"; and "Guidance On Filing Up Of RPGT Forms".



12 April 2016
PDC Seminar on Joint Ventures and Strategic Alliances
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Jeremiah R. Gurusamy on 12 April 2016 at the KL Bar Auditorium from 2:00 pm to 4:00 pm. The seminar was attended by 34 participants. The scope of the seminar was as follows: "What Are The Essential Considerations When Entering Into A Joint Venture"; "Key Pointers For Handling Negotiations And Dealing With Compliance And Regulatory Issues"; "Critical Clauses To Be Incorporated In A JV And Shareholders Agreement"; and "Exits And Termination – What To Do If Things Go Wrong".


15 April 2016
PDC Seminar on An Overview of the Appointment and Powers of a Receiver and Manager
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by V. Vijakumar (“Vijay”) on 15 April 2016 at the KL Bar Auditorium from 3:00 pm to 5:00 pm. The seminar was attended by 31 participants.


19 April 2016
PDC Seminar for Lawyers on Mergers and Acquisitions – Commonly Encountered Issues
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Lim Kien Chai on 19 April 2016 at the KL Bar Auditorium from 9:30 am to 4:30 pm. The seminar was attended by 56 participants. The scope of the seminar was as follows: "The Type And Nature Of M & A, Being A Form Of Business Combination Or Pursuant To Section 176 Of The Companies Act 1965 Under The Big Umbrella Of Corporate Restructuring Strategies"; "The Type And Nature Of Companies Ripe For M & A"; "The Preliminary Matters And Issues Prior To The Formal Contract And How To Address It"; "Evaluation Of The Strategies"; "Due Diligence"; "The Commonly Encountered Issues In M & A And How To Address It"; "The Legal Issues In M & A And How To Address It"; "The Methods Employed To Effect The M & A"; "The Determination Of The Purchase Price"; "The Valuation Of The Target"; "The Variants In Funding The M & A"; and "Relevant Accounting And Tax Issues".


26 April 2016
PDC Seminar on an Introduction to the Law of Reinsurance
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Michael Anthony on 26 April 2016 at the KL Bar Auditorium from 2:30 pm to 5:30 pm. The seminar was attended by 19 participants.


27 April 2016
PDC Seminar on the Impact of Competition Law on Malaysian Enterprises
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Anand Raj, Cynthia Lian and Wen-Ly Chin on 27 April 2016 at the KL Bar Auditorium from 2:30 pm to 5:30 pm. The seminar was attended by 43 participants. The scope of the seminar was as follows: "Competition Act 2010 (“CA”) – Key Provisions"; "The Objectives Of The CA"; "Recognised Pillars Of Competition Law"; "Prohibitions And Restrictions – What Are The Salient Considerations For Malaysian Enterprises"; "Mycc’s Broad Powers Of Investigation And Roadmap To Compliance"; "Offences And Penalties"; "Leniency, Undertaking And Settlements – What Are The Implications?"; "The Importance Of A Compliance Programme"; and "Key Competition And Antitrust Developments".



27 April 2016
KL Bar v EY DTC Darts
Hosted by the KL Bar, this friendly darts game was played on 27 April 2016 at Home & Away SS2, Petaling Jaya. The KL Bar emerged as overall winners.



28 April 2016
YLC Seminar on Firm Startups in Malaysia – Possible Pitfalls and Expectations
Organised by the KLBC Young Lawyers Committee (YLC), this seminar was presented by Lai Chee Hoe on 28 April 2016 at the KL Bar Auditorium from 2:30 pm to 5:00 pm. The seminar was attended by 21 participants. The scope of the seminar was as follows: "List Down The Essential Metrics A Start Up Should Measure Against"; "Tell You Whether You Require A VC"; "Share With You The Different Stages Of A Start Up"; and "Reveal Some Useful Tools To Manage Your Start Ups".


29 April 2016
PC Corporate Workshop
The KLBC Pupils Committee organised a Corporate Workshop specifically for pupils on 29 April 2016 at the KL Bar Auditorium from 3:00 pm to 5:30 pm. Conducted by Sheba Gumis and attended by 42 pupils, the Workshop focused primarily on the practical aspects of handling a brief covering the following areas, "Overview: Negotiation, Due Diligence And Drafting Process"; "Commercial Considerations"; "Practical Pointers Including Common Mistakes When Drafting"; "Salient Clauses Including Consideration, Conditions Precedent, Completion, Etc"; "Covenants And Warranties By Both Vendors And Purchasers"; "Boiler Plate Clauses"; and "Remedies For Breach Of Contract".