SELAMAT HARI RAYA

SELAMAT HARI RAYA FROM RWY

ICCPR : International Convention on Civil & Political Rights

In recent times, Malaysia sees numerous comments and announcements made by Politicians and Leaders of Organisations which borders on insults and threats based on religious and racial lines. This is somewhat unfortunate and strongly discouraged.

What is more disturbing is the reliance by the makers of these insulting comments; on the Civil Liberty to Freedom of Speech, when making these unfortunate comments. 

The Federal Constitution allows and in fact guarantees the freedom of speech. Parliament has however curtailed that with the Sedition Act, which if a statement is defined to be seditious based on that Act, a person can be charged in Court. 

This is somewhat an unhealthy position of the Law.

The right to free speech ought to prevail at all times. However, the person relying on that right to free speech, must also be responsible. Sedition Act may be one way to control the kind of speech and comments a person can make, but the better way though is to educate the person and the people on respecting people. It would be ideal to educate the people that if one does not like to hear an adverse comment of himself/herself; that person ought not to the same to others. 

Also, freedom of speech by logic cannot mean to insult or to bully. It is incorrect to rely on the right of  freedom of speech to insult or to threaten another person. And it is also incorrect to gag the person by imposing the Sedition Act. 

Instead this Government, being an elected government of the people, by the mandate of the people should inspire the people and take responsible steps to ensure people are accountable and responsible when making careless and inconsiderate comments. 

The ICCPR, a Convention of the United Nations also recognises that people who incites hatred, can be taken action against. Article 19 mandates sanctions against people who incites hatred. So, even the progressive organisations like UN which heavily advocates human rights through its documents like the UNDHR acknowledges that the freedom of speech does not include the right to incite hatred. 

You may read more of ICCPR here. 

In time, we hope the Government of Malaysia will take the lead of appointing leaders who will make responsible comments and would not tacitly promote comments by irresponsible leaders of Organisations, which is calculated to incite hatred and division amongst the people. 

In Memoriam: Yang Mulia Raja Aziz Addruse

Our distinguished Past President, Yang Mulia Raja Aziz Addruse, passed away peacefully earlier today at the age of 75.

Allahyarham was called to the Malaysian Bar on 8 Jan 1966.  From Lincoln’s Inn, Allahyarham was the first President of the Malaysian Bar to serve three terms — 1976-1978, 1988-1989 and 1992-1993.  A leading advocate, Allahyarham continued to be active in Bar Council work, and appeared regularly in the Appellate Courts as a senior counsel.  He had led and argued many of the difficult and controversial cases for the Malaysian Bar.

Better Lawyers makes Better Bar (From The Star 8/7/2011)

by Richard Wee

http://www.thestar.com.my/news/story.asp?file=%2F2011%2F7%2F8%2Ffocus%2F9056215&sec=focus

THE National Young Lawyers Committee of the Bar Council recently held its Young Lawyers Convention on July 1-3 in Malacca. The convention, which takes place once every three years, saw about 140 lawyers from all over Malaysia in attendance.

The theme for the convention was “Towards a Better Bar”, which is consistent with the NYLC’s project to push our lawyers, particularly the young ones, to continue improving themselves.

The logic of this is that better lawyers will likely lead to better interpretation and implementation of the law. Higher standards incorporated into our legal profession and our legal system would result in Malaysia becoming an attractive regional legal hub like Hong Kong and Singapore.

The theme also included a holistic improvement of Malaysian lawyers, to not only advocate for intellectual progress, but also for moral and benevolent development.

In fact, many times at the convention, speakers reminded lawyers to maintain the highest ethical standards, and to conduct themselves with integrity and responsibility.

The convention impressed upon the delegates that being a lawyer signifies an important professional position in society, where elements of trust and principles are intertwined with the need to maintain high intellectual capacity when discharging their duties as advocates and solicitors.

In short, it isn’t easy to be a lawyer, but if you are one, you strive to be a good lawyer and an honest one, too.

With the theme in mind, the NYLC worked closely with the Bar Council’s Continuing Professional Develop ment (CPD) Committee.

The convention discussed the need to increase the quality of the content of the CPD at the Bar. Young lawyers were urged to attend CPD classes to acquire extra knowledge on practical aspects of legal practice.

Further to this theme of self improvement, the NYLC is proposing to form Work Practice Groups (WPGs), where young lawyers can join small groups under the mentorship of senior practitioners in specialised areas of the law like international arbitration or cross-border transactions.

The aim is for young lawyers to learn better and quicker under experienced mentors.

Going global

Young lawyers were also encouraged to attend conferences and conventions overseas. Subject to costs, these international law conferences would be a gateway to international networking and learning.

Other aspects of improvement would be for the NYLC to assist young lawyers to set up their own legal firms and to learn the proper way to do so.

The NYLC will be working with a department in the Bar Council which organises the “Getting Started” seminars. These seminars provide excellent insight into the “how and what” of setting up legal firms.

The NYLC also recognises that to ensure young lawyers continue to strive for excellence, the work conditions must also be commensurate with that desire.

The prospect of better remuneration and a better working environment at legal firms would be a good driving force to ensure that young lawyers will want to improve, and to continue staying in legal practice.

Bar Council statistics show that more than 60% of the lawyers in Peninsular Malaysia are in practice for less than three years. The principal reasons for many lawyers leaving practice after the third or fourth year are usually the high level of work stress and uncertain remuneration.

It would be difficult to urge young lawyers to improve themselves when they cannot see a bright future in terms of career advancement and better remuneration.

With that in mind, the NYLC will conduct a national survey on remuneration and career advancement within the next six months to obtain statistics on the views of young lawyers on their work conditions. The results of that survey may lead to forums and dialogues with the employers of the young lawyers.

The convention also saw the re-visiting of section 42 of the Legal Profession Act 1976 (LPA) which states that lawyers have a duty to uphold the cause of justice without regard to their own interests, without fear or favour, and that there is a duty to protect and assist the public in all matters ancillary or incidental to the law.

The delegates at the convention, in subscribing to the spirit and intent of the theme, spoke of their moral duties to uphold justice at all times. Section 42 of the LPA became a battle-cry in one of the sessions at the convention when discussing activism at the Bar.

When the Statement of the Con vention was issued at the end (as further described below), the delegates added a provision in the statement calling for the authorities in this country to adhere to the Federal Constitution and that the young lawyers are prepared to stand up and defend the law if the law is incorrectly and improperly implemented.

At first glance, the convention may look like a stew with too many spices or like a plate too full for the NYLC to handle. To the contrary, many spices are required to make the stew better and the varied ingredients will ensure the Bar remains progressive and at the cutting edge of the law.

A five-point statement was issued at the close of the convention. Fondly dubbed the “Malacca Statement”, reflecting the location of its birth, it reflects the theme of the convention, calling for the implementation of projects towards achieving a better Bar.

There are many classy and intelligent lawyers in Malaysia, and the Malaysian Bar is a strong Bar. Of course there may be a few bad apples among the Bar but the NYLC will focus on the strengths of the Bar and harness that quality to ensure the Bar strives forward.

The NYLC intends to challenge young lawyers who join the Bar to move outside their comfort zone and to push them to persevere and persist towards progress.

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> The writer is the Chairman of the National Young Lawyers Committee. Putik Lada, or pepper buds in Malay, captures the spirit and intention of this column – a platform for young lawyers to articulate their views and aspirations about the law, justice and a civil society. For more information about the young lawyers, please visitwww.malaysianbar.org.my

My Experience As An Intern at RWY (By Nicholas Er)

1st July 2011

My name is Nicholas Er, a current LLB (UOL) undergraduate in KDU University College. Firstly, I would like to thank Mr. Richard and Mr. Yip, the partners in RWY for accepting me as an attachment student in their legal firm. Whatever I have learnt here, it is beyond my LLB course.

The first thing that I have learnt is to send a letter of demand (LOD). It is called ‘precedent’ but not ‘sample’ if I am requesting for a previous LOD. It is not easy to write a LOD as it must be clear and easy to understand by the reader. Liability and quantum have to be clearly stated. Then, I have also come across with different modes of sending a mail such as Certificate of Posting, AR Registered and etc.

The next thing that I have learnt is that all the files must be kept tidy. “A messy file means a messy lawyer” is the advice from Mr. Richard. Then, the first thing to be read in a file is correspondence to understand the facts. Be prepared before going for hearing or trial is needed as the judge would ask all kinds of questions. To be a good lawyer, we must understand our facts and plan our strategy well. This is the advice from Mr. Yip.

I have gone to the High Court thrice with the partners to see how lawyers debate in the court. Thanks to Xiao Heng, he had explained to me how the court works and brought me to various places in the High Court. Although there are not many litigation cases in this month which enable me to go to the court frequently, I am feeling glad that I have learnt many things in the office including to do research on s. 232 Companies Act 1965 involving liquidators, meeting client, and also to read the high-profile cases which have involved drugs. This is the time when I have to study s. 39(B) of the Dangerous Drugs Act 1952 carefully.

In addition, I have also learnt on how superior courts and subordinate courts work in Malaysia. Different courts hear different civil matter which is based on the monetary amount of the claim. And then what steps should be taken if an appeal is to be made and what rules have to be complied with were explained to me by Ms. Salvindar. I certainly have a clearer picture on the Judiciary of Malaysia after the explanation.

There are times when I think that I am not good enough while having my internship in RWY especially when I was careless and not being initiative enough. There was once when I was asked to read a few files, and after I have read it I was just waiting for the further instructions. Subsequently I was told that I have to approach my senior once I have read the files and ask whatever questions that I do not understand. That was the time I realized I have to be more initiative in future. Moreover, I was advised to make two changes to myself: talk confidently and improve my English language.

Lastly, I would like to thank all the professionals in RWY for guiding me patiently and have treated me as if I am one of the family members here. I apologized if I have said or done anything wrongly in this period and I wish all the best to everybody in RWY.

Young Lawyers Convention 2011

Young Lawyers Convention 2011 @Everly Beach Resort, Malacca

Richard Wee & Yip supports the Young Lawyers Convention, and is proud to announce the sponsorship of 2 young legal eagle.

We urge the younger members of the Bar attend this Convention which takes place, once every 3 years.