Malaysian Bar in two minds over proposals to amend Legal Profession Act 1976


Bede Hong

THE Malaysian Bar may hold an emergency general meeting to discuss whether it should engage with a consultative process regarding government proposals for comprehensive amendments to the Legal Profession Act 1976.

A special consultative committee, led by de facto law minister Azalina Othman, is formulating a “holistic blueprint” for the legal profession in Malaysia. 

It is in a public consultative phase.

Concerns have been raised regarding possible interference with the groups’ independence, as amendments may include changes to the internal management of the Bar Council and its election processes.

Bar president George Varughese, who was re-elected president at the groups 72nd AGM in Kuala Lumpur today, said although no motion was raised on the matter today, lawyers voiced concerns at the closed-door meeting. 

“Members raised concerns about the process taking place under this special consultative committee,” Varughese said after chairing the first Bar Council meeting for the 2018-2019 term. 

“Concerns were raised about the composition of the committee, as to who sits on it. Members have reservations. In view of the said reservations, the Bar Council has decided to review our engagement in the process.

“We may also consider convening an EGM to seek the members’ views on whether to continue our engagement or to suggest other proposals in respect to this entire process,” he said. 

A total of 836 lawyers turned up for the AGM. Of the fifteen motions that were submitted, six were carried. 

Varughese said lawyers called for broader legal reform, including a call to separate the attorney-general’s office from that of the public prosecutor’s, which is currently held by one person. 

“In many countries, two people hold these positions. In Malaysia, the AG is not required to report to Parliament. 

“There are concerns about judicial appointments, whether that process should also be looked at because the prime minister is not required to accept the recommendations by judicial appointments commission. 

“He can veto it. He then advises the Yang Di-Pertuan Agong whor he considers fit.”

Varughese said another concern is the manner in which public universities teach law as there has been a “decline in standards”.

He said a common bar course would arrest the decline.  

The Malaysian Bar has over 21,000 members in Peninsular Malaysia. – March 17, 2018.


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