Keynote Speech by YB Khairy Jamaluddin, Minister of Youth & Sports
at RWY Sports Law Conference 2015
Opening
Speech by the Minister of Youth and Sports
at the
RWY Sports Law Conference 2015
3
December 2015
1. I would like to express my thanks to Messrs Richard Wee
& Yip for inviting me to give this speech at their annual Sports Law
Conference. I understand this is the third edition of this event. I recall in
2013, Messrs. Richard Wee & Yip did invite me to officiate the first ever
RWY Sports Law Conference but I was unable to make it as I had a prior
engagement. The Ministry was well represented by the Deputy Secretary-General,
Dato’ Harun Bin Che Su. I was informed that the inaugural conference was very
well received by members of industry.
2.
I am happy to attend such a unique and timely conference. The
conferences that I usually attend as Minister of Youth & Sports tend to
general youth issues, or more rarely around the improvement of high-performance
sports. I understand that the primary
purpose of organising and hosting this Conference is to create
awareness of the importance of Sports Law in
the Sports industry, but that this conference in part isn’t
restricted to that. With the range of matters that will be discussed today, I
think that this Conference will go beyond that and try to come up with answers
to some of the most pressing issues in sport, both in this country and beyond.
3.
I understand that Sports Law isn’t restricted to the Sports
Development Act, but I’ll start on that first, before moving on to touch on the
policies that my Ministry have put in place for sports development and how
sports law can play a role in this. The particular act that governs sports
development in this country is the Sports Development Act 1997, as I’m sure all
of you know. The aim of this Act is to promote and to facilitate the
development and administration of sports in Malaysia. It spells out the roles
of the Olympic Council of Malaysia, Sports Commissioner and the Sports Advisory
Panel. It also defines the role of
the Minister, in deciding on international sports events, in the case of
disputes, sports science, and a slew of other things. In 1997, the Sports
Development Act was a fantastic piece of legislation in an attempt to
streamline sports in Malaysia. Over the years, it has helped to put us on
decent footing as we aimed to develop sports through agencies under the
Ministry and sports associations through the Olympic Council of Malaysia.
4.
However, there are parts of it that require amendments in
keeping with issues we’ve identified, and how the nature of sport has changed
over the years. For example, there are sports associations in this country that
haven’t changed their constitution since Independence, despite being asked
repeatedly to do so by the Sports Commissioner’s Office. There are associations
that bid for international events, win it, and then come to the government
asking for money. In many cases we are forced to help out for national
interests and to ensure the country does not lose face. There are associations
that can’t be investigated and enforced by us in the event of non-performance,
internal problems or even corruption.
5.
Some of the more specific issues follow. The Sports
Development Act was established to take over the Registrar of Societies role on
Registration and Governence of Sports Bodies in Malaysia. When sports bodies
transfered their registration to the Sports Commissioner, within 6 months all
Sports Bodies should have changed their old constitution to the new constitution
based on the guideline issued by the Sports Commissioner. Unfortunately, this
did not happen. Many sports bodies have archaic constitutions which lead to
many disputes and governance issues. The Sports Development Act does not give
power to the Sports Commissioner’s Office to order sports bodies to change
their constitution.
6.
The Sports Development Act does not give the Sports
Commissioner’s Office the power to audit governance and financial statements of
sports associations. If the office bearers of that association approve
financial misconduct or malfeasance, there are no powers invested in the
Commissioner to do anything about it. There have been several cases of that in
just the last few years alone.
7.
Too may sports associations are being created at the moment
which hampers sports development because it stretches our limited resources
with too many layers within the associations. Many associations have the
National-State-District-Club-Individual structure, which in many cases
infeasible because of the number of layers required. Many district associations
are not active, and this hampers sports development thru associations. The
Sports Development Act also currently caters for too wide a range of sports
under the First Schedule of the Act; Martial Arts and ‘Recreational’ being an
example.
9.
Firstly, the Paralympic Association of Malaysia is not
currently given recognition under the Act. Paralympics and the development of
sports for the physically challenged is an area that we’ve really looked at the
last few years. One of my first acts as Minister of Youth and Sports was to
ensure that physically challenged athletes got the same incentive bonus for
winning medals at international events as normal athletes. We’ve also set up
the Inspire programme to find and
train physically challenged athletes at the grassroots level. The ASEAN Para
Games starts today in Singapore, and I’ll be there over the weekend. The
Paralympic Association getting equal recognition under the Act is imperative to
me in moving forward.
10.
As you know, doping is currently a hot topic, not only in
Malaysian sports but all around the world. In the last year alone, we’ve seen
cases involving the world number 1 in badminton, the International Association
of Athletics Federation, the Champions League, the Tour de France, just to name
a few. This is a worldwide issue. We’re taking this very, very seriously. We
have adopted a culture of zero tolerance in this. We’re acting in a few ways.
Firstly, we want to strengthen the relevant agency, ADAMAS (Anti-Doping Agency
of Malaysia) to ensure that they’re able to test more athletes, when they’re
training and just before they go to international competition. We will
recognise ADAMAS officially as a body that is in charge of anti-doping through
the Sports Development Act. We will also move towards ADAMAS having their own
Parliamentary Act to strengthen it even further as an independent agency.
Earlier this year, sports associations signed the Acceptance of ADAMAS
Anti-Doping Rules and we want to ensure this is enforced.
11.
It would also be amiss to not mention the Kuala Lumpur
Centre for Regional Arbitration, with the Director Datuk Sundra Rajoo here. The
KLRCA signed a Memorandum of Understanding with the Court of Arbitration for
Sports in 2012. The Malaysian Sports Arbitration Tribunal is also to be formed,
with it being an option if both parties in dispute decide to use it. We’re also
in the midst of looking to form an internal tribunal for sports association
disputes that will allow the Minister to send cases their way, in case the
Tribunal under the KLRCA is prohibitively expensive. This tribunal will be
chaired by an ex-judge, and will include two other people who are experts in
their field. That proposal is currently with the Sports Advisory Panel, and
we’re looking to put this in to the Sports Development Act amendments.
12.
I also want to touch on other policies that we’re looking
into, that will have further spillover effects on Sports Law. Last year, my
Ministry launched a new campaign called FitMalaysia. We’ve done 15 events in
that time. We've covered the length and
breadth of Malaysia, and have seen hundreds of thousands of Malaysians come out
to run, ride, practice martial arts, take part in our physical challenges, get
nutrition advice, eat healthy food, or just dance.
We've also seen the inaugural
Hari Sukan Negara take place this year, that saw more than five million
Malaysians take part in more than 17,000 activities all around the country. Malaysians
of all stripes, from all walks of life. The aim of these campaigns are
to create awareness for the need of a healthy lifestyle. We want Malaysians to
keep fit and be active.
13.
But there’s also a very important secondary effect to what
we’re doing. More Malaysian involved in sports and physical activities means
more Malaysians thinking about sports as a career. Professional sports itself
is a huge industry around the world. Just look at the prices the best
footballers in the world command when they’re bought. Manchester United is
worth $3.5 billion. Michael Jordan is worth a billion dollars.
14.
Our nascent sports industry is currently worth around RM5
billion, or around 0.5% of our GDP. But all you need to do is look at the
number of sports shops there are around, and the number of rides and runs
happening every week. I myself almost take part in some run or ride on a weekly
basis. We’re seeing incredible growth here. Therefore, it is imperative that
the sports industry is properly and accurately managed. This is where services
such as sports marketing, auditing and a strong legal framework can be
components to ensure the sports industry is transparent and accountable.
15.
Sports
Law is the term used to describe the application of law in the world of sports
- a combination of corporate and contract law, tax and real estate planning,
intellectual property law, insurance, labour law and alternative dispute
resolution. In some occasions, the law of tort also comes into play. The ever-growing
interaction between sports and the law gives rise to the need for a special and
greater understanding of the sports industry and those related to it. Legal
compliance with existing legislation and rules has also become more important
in this day of technological advancement and commercialization in sports. Conferences
like this play a role in making sure that these discussions come to the
forefront. For that, I applaud Messrs Richard Wee & Yip.
16.
I also understand
that Messrs Richard Wee & Yip wish to launch a Malaysian Sports Law
Association. I applaud their effort and I believe this is something the sports
industry will receive warmly. With the formation of such an association,
parties involved in sports and lawyers who practice sports law would have a
platform to share views, collaborate and hopefully push Malaysia into becoming a
sports law hub in this region. I believe we have the legal expertise to offer
sports law services not only in Malaysia but also to the sporting community in ASEAN.
17.
In 2017,
Malaysia will host the SEA Games 2017 with Malaysia celebrating her 60th
year of independence. The SEA Games will be a good way to unite our people in
our chase for glory. I also hope that our hosting of the SEA Games is used as
an opportunity to develop sports law. Hopefully, when 2017 comes around, we will
be champions of the SEA Games, and leaders in sports law in South East Asia.
18.
I wish to
congratulate Messrs Richard Wee & Yip again for successfully hosting the 3rd
Sports Law Conference. I wish all of you a good conference ahead.
Thank you.
Khairy Jamaluddin
Minister of Youth & Sports
3rd Dec 2015
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