The Kuala Lumpur Bar Blog

Dear All, Calling all talented musicians of the Bar. Once again the KL Bar Young Lawyers Committee's Charity Nite is upon us. This year, and departing slightly from the usual, we hope to unearth some talented musicians from the Bar during the Charity Nite on Friday, 27 June 2008. Charity Nite 2007 This time around, the KL Bar Young Lawyers Committee is proud to present a "Battle of the Bands" aimed not only at raising money for charity but hopefully unearthing and showcasing new musical talent from the Bar as well! For those interested in showing off their talent as a musician, kindly get in touch with us. It does not matter if you have a full band or you are solo musician (guitarist, drummer or even a banjo player) looking for band mates, the KL Bar YLC will try and assist you. Charity Nite 2006 Don't think twice, it will be alright. Contact us, by sending me a private email at h.r.dipendra@gmail.com stating your name and the instrument that you play. I will take it...

The highlight of pupillage is inevitably, the long call. It marks the end of simply being referred to as a pupil and the entry of a new chapter as an Advocate and Solicitor. Therefore, in as much as one would like to exalt the occasion and make it his or her day, it cannot be overly emphasised that long call procedures are ultimately court proceedings. The following are the concerns in respect of long calls proceedings: (i) Arrangement for Movers More often than not, pupils are left to source for their movers. As a gentle reminder, it is the master’s duty and obligation to arrange for an Advocate and Solicitor of more than 7 years’ standing to move his or her pupil’s call. This is an express ruling of the Bar Council. (ii) Speeches A pupil being called is entitled to his or her few minutes of fame (so to speak) and hence, the need for a speech to introduce the pupil and ultimately, to move the Court to admit and enrol him or her as a fit and proper person. Some speeches can be excrucia...

Dear members of the KL Bar, On 23.05.2008, the President of the Malaysian Bar has sent out an appeal to all members of the Malaysian Bar for funds to help the families of the 4 members of the Malaysian Bar detained under the ISA who are facing financial hardship. The 4 members have been detained since 13.12.2007 and as pointed out by our President, their families and loved ones and their respective legal practices have suffered and continue to suffer during this period of detention. We hope to be able to raise as much funds as possible to ease their financial burden. On behalf of the Kuala Lumpur Bar Committee, I strongly urge all of you t...

This email serves as a warning to all lawyers. On 22 May 2008, when i walked out from the court to try to get a cab at around 5.45pm, I was approached by a motorcyclist of a Malay descent, who speaks perfect English, (just right in front of the court) who was fetching , presumably his wife and kid and claimed that his kid has severe bronchitis and needs oxgen treatment. I looked at his kid, he looks sick indeed. He then showed me his stack of RM10 notes and he said he was short of RM28 for the oxygen treatment. i then gave him RM30. He, like all con-men, promised to pay me back and even took my mobile number down on a piece of paper. Just right after he took down my number and the money, he sped off on his motorbike, rushing to save his kid. At that moment, I actually felt sorry for the kid and prayed that the kid does recover after the treatment. But to my disappointment, I was told by a friend that there were similar reported incidents happening around the court area. Lai Chee Ho...

I read with interest today's news on the Government's push to open up the legal sector to international foreign law firms. This is not something new, and the talk about market liberalisation has been mentioned for some time. It is inevitable that the Malaysian legal market will be liberalised and that foreign law firms will be allowed to practice, in some form or another, here in Malaysia. The legislation allowing the entry of foreign law firms is still a bit hazy. But from the information that I have come across, it appears that foreign law firms will be allowed into Malaysia through the Joint Law Venture (JLV) vehicle. This is similar to the JLVs and the foreign law alliances allowed in Singapore. The suggestion for standalone foreign firms, as mentioned in the Star article, is being considered by the Bar Council. This JLV vehicle could then assist in the transfer of expertise and knowledge from the foreign firms over to its local partners. Through the opening up of the le...

The Young Lawyers Committee (YLC) together with the Social, Arts and Culture Committe (SAC) of the KL Bar Committee is organising a Paintball Game at Tanamera Paintball Field, in Sungai Buloh. This will take place on Saturday 14 June 2008, from 9.30am - 5pm. Do email Seira (seirasacha @ gmail.com) so that we can know the number of people attending. Total cost for playing the whole day: RM85 for rental of the marker i.e. gun, face mask, 500 pellets. You can rent a “bulletproof” vest for an additional RM10. All in, you don’t need more than RM110 or so. Meeting place: Everyone to meet at the Sungai Buloh jejantas restaurant at 9am. Alternatively, you can follow the directions below and meet at Tanamera itself at 9.30am sharp. Directions: Take the NKVE (the highway that passes in front of One Utama, the Curve, etc) towards Sungai Buloh. After the toll (RM1.60), take the left exit heading for Sungai Buloh. Warning - the Sungai Buloh turnoff is a bit confusing - it seems to suddenly appear ...

The KLBC has just received from the Court of Appeal the above Practice Direction dated 20.05.2008. All appeals and applications to the Court of Appeal Malaysia shall comply with the said Practice Direction which shall take effect from 1 August 2008 except PART IV Paragraph (4)(CASE MANAGEMENT) which will take effect forthwith . " 4) Solicitors who have pending Civil Appeals, Criminal Appeals and Notices of Motion for Leave to Appeal in the Court of Appeal are required to fill up the Online Forms in one of the following: a. Appendix ‘G(i)’ for Civil Appeal; b. Appendix‘G(ii)’ for Criminal Appeals; OR c. Appendix‘G(iii)’ for Notices of Motion for Leave to Appeal." Brendan Navin Siva Honorary Secretary

We have just received a notification from the Senior Judge of the Shah Alam Sessions Courts that with effect from 28.05.2008, Civil Sessions Court 1& 3 (in Shah Alam) and 2 & 4 (in Wisma Denmark, KL) and Shah Alam Civil Magistrate's Court 1, 2 & 3 will be relocated to Menara MRCB, 19th & 20th Floor, Shah Alam. The relocation schedule is as follows: (a) Preparation for the relocation - 12.05.2008 to 27.05.2008 (b) Relocation to MRCB - 28.05.2008 to 30.05.2008 (no cases will be heard on these dates) (c) Commencement of mention of cases at MRCB - 02.06.2008. Click here for a copy of the notification, and a map to Menara MRCB is found here . Dahlia Lee Chair Civil Court Liaison Committee

Reported by Brendan Navin Siva This morning, the Federal Court panel comprising of Chief Judge of Malaya Justice Alauddin Mohd. Sheriff, Justice Arifin Zakaria, and Justice Hashim Yusoff unanimously dismissed the 5 Hindraf ISA detainees' appeal. The Federal Court held there was no misdirection on the law and affirmed the decision of the High Court. On Dec 13 last year, P Uthayakumar, M Manoharan, V Ganabatirau, R Kengadharan and K Vasanthakumar were detained under section 8(1) of the Internal Security Act 1960 for two years. The five filed a habeas corpus application to the High Court claiming that their detention was illegal and unconstitutional. However, High Court Judicial Commissioner Zainal Azman Ab Aziz on Feb 26 ruled that the detention orders issued by then internal security minister Abdullah Ahmad Badawi were valid.

The first issue of the Kuala Lumpur Bar newsletter was published in December 1994. It was then known as the 'KLBC Newsletter'. It was renamed to 'Relevan' in 1999 from the September issue onwards. Relevan has over the years, seen many improvements and updates in its cover and layout. In recent years though, one constant factor is the declining number of contributors for articles in Relevan. Past editors of Relevan have all raised the common concern of a decreasing number of contributors. Relevan reaches out to a wide audience, mainly based here in Kuala Lumpur. This year, the Publications Committee plans to continue with the publication of 4 quarterly issues. With a print run of more than 7500 copies, copies of Relevan are sent to members of the Judiciary, members of the KL Bar, chambering students as well as to the State Bar Committee members. Therefore, Relevan represents an excellent medium to profile yourself, your area of interest or specialisation, and to advance...

10 May 2008 : The Selangor Bar Committee staged their Malam Suai Mesra at the Shah's Village Hotel in Petaling Jaya, with the theme "Rock to the 70s". The annual Malam Suai Mesra represented an informal gathering for members of the Selangor Bench and Bar to mix and enjoy dinner together. The event was also open to all members of the Bar, and the Selangor Bar Committee had extended an invitation to the KL Bar Committee members to attend. Having tucked in to the buffet food, everyone was then kept entertained by the live band 'Reborn' as well as songs by the Social Chair of the Selangor Bar Committee, Suraj Singh.

Further to my post on the Malaysian Philharmonic Orchestra, the conductor for the night is Hannu Lintu and the pieces which will be played are: 1. HAYDN Symphony No. 103 in E flat also nicknamed the "Drum Roll"; and 2. MAHLER Symphony No. 10 Tickets are selling out fast so please call up Melissa at 03-2693 3585 to make your reservation and make payment by 21 May 2008. Update: The initial 25 tickets have all been snapped up. I have obtained an additional 10 tickets, and 5 of them have already been sold. I am trying to get more tickets. Lai Chee Hoe Chair Social, Arts and Culture Committee

The Court Complex It has been a year since the move of all the courts within Kuala Lumpur to the Court Complex at Jalan Duta. All things considered, the transition period has not been too painful and teething problems have mostly been ironed out. Of course, the pursuit for perfection is never ending and before the dust settles on old problems, new issues will crop up. The constant and more pressing issues which have yet to be solved include parking shortages and traffic congestion during peak hours around the court vicinity. Then there are the recent issues of haphazard parking of vehicles within the Court compound, access to the drop-off zones being blocked by lawyers’ vehicles, smoking in the cafeteria and so on. The Court Liaison Committee (CLC) is actively working with the relevant Judicial Officers on all the physical aspects of the Court premises and towards this end, has regular meetings with them. The CLC welcomes views from the members to assist in making our “working” env...

The Social, Arts and Culture Committee is organising a trip to watch the performance of the Malaysian Philharmonic Orchestra on 31 May 2008 at the Dewan Philharmonic at 8pm. Tickets are sold at RM25 each and the dress code is Long Sleeve Batik/Lounge Suit. Please take note that no jeans, shorts, t-shirts, sneakers and slippers are allowed at any time. If inappropriately dressed, ticket holders shall be denied admission and no refunds will be given. Since we have only very limited reserved tickets, please call up Melissa at 03-26933585 to make your reservation and make payment by 21 May 2008. Lai Chee Hoe Chair Social, Arts and Culture Committee

I personally feel the recent arrest of Raja Petra is not appropriate. Again the Sedition Act is used to try censure free speech. I've read that article "Let’s send the Altantuya murderers to hell" and I disagree that there is any seditious remark there. Ironically Raja Petra is charged in KL Court, on the very day this Blog is officially launched. KL Bar is celebrating the dawn of new age technology, embracing this wonderful tool of communication and the freedom it endows its contributors. But instead we see attempts to shut down this right to free speech by the power at large. In history, the 'Sedition Act' is primarily used to put down plots against the Government. In the USA, the " Sedition Act of 1798, gave federal authorities the right to prosecute any individual suspected of plotting against the federal government. This Act also allowed a provision that made it a criminal act to speak or write maliciously of the president or of Congress, which was def...

The idea of a KL Bar Blog was first mooted last term when the comm it tee felt that it would be beneficial to have an open forum for members to ventilate their views on issues that affect them at the Bar. I am happy to inform members that through the efforts of our IT chair ma n Richard Wee and his sub-comm it tee, the KL Bar Blog has become a real it y. For the vast ma jor it y of members, you are caught up w it h wo rk at the office and find l it tle time to significantly participate in the activ it ies of the KL Bar. The KL Bar Blog will offer you an opportun it y to express your thoughts and your contributions will naturally benef it not only the members but also the KL Bar Comm it tee who are here to serve all of you. During the in it ial tr ial run period set at 3 months, the interactive capac it y of the Blog will be disabled and you will get to see only the postings from members of the KL Bar Comm it tee. At the end of the trial run, the comm it tee intends to o...