Amendments to the 1976 Legal
Profession Act:
An open attack on the independence
of the Malaysian Bar
Gabungan Bertindak
Malaysia (GBM) and the following civil society organisations are gravely
concerned with the decision of the government to make several
amendments to the 1976 Legal Profession Act (LPA). Such amendments are
open attacks on the independence of the Malaysian Bar and blatant
violations of the right to freedom of association as guaranteed in the
Federal Constitution.
It sets a dangerous precedent of government interference in the
operations of independent statutory bodies and civil society
organisations. We urge the government to withdraw such proposals
immediately.
The amendments, due to be tabled in parliament in October 2016,
empowers the government to abolish the current direct elections of 12
members of the Bar Council through postal votes and replace it with
elections at the state level, the appointment of two representatives by
the minister in charge of legal affairs to sit in the Bar Council and to
increase the quorum of the annual general meeting of the Malaysian Bar
from 500 to 4,000 members.
The government purportedly made the amendments to improve
transparency and representation of the Bar Council, when in reality, it
does the exact opposite.
First and foremost, these proposals were not mooted by the members of
the Malaysian Bar. Furthermore, the proposed bill has not been made
available either to the Malaysian Bar or the public. Hence, its claim of
improving transparency and representation is highly questionable.
It is ironic that the attorney-general who had complained about the
inadequate representation of the current Bar Council had no qualms about
government appointees, a measure that is totally devoid of transparency
and representation of the members of the Bar.
The proposal to raise the quorum of the annual general meeting to 25
percent of the membership or 4,000 members, smacks of ill intent. It is
absolutely unreasonable and unrealistic, since the highest turnout for
any of her AGM has not surpassed 1,910 lawyers, out of their 17,000
membership. It is designed to paralyse the functions of the Malaysian
Bar.
In comparison, the quorum for the AGM of the Canadian Bar Association
with 37,000 members, is only 100. The Hong Kong Bar Association with
about 1,300 members, requires not less than 20 members as its quorum to
convene a general meeting.
We
strongly urge the federal government and the attorney-general to
withdraw the planned amendments and to respect the principle of
self-regulation and the right to freedom of association of the Malaysian
Bar.
It is the right of the members of the Malaysian Bar to choose her
leaders and representatives, through a democratic electoral process. The
government must not interfere nor impose conditions on this legitimate
and transparent electoral process.
Endorsed
by member organizations of Gabungan Bertindak Malaysia:
1. Anak Muda Sarawak (AMS)
2. ENGAGE
3. Islamic Renaissance Front (IRF)
4. Japan Graduates Association Malaysia (JAGAM)
5. Kumpulan Aktivis Mahasiswa Independen (KAMI)
6. Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH)
7. LLG Cultural Development Centre (LLG)
8. Majlis Perundingan Malaysia Agama Buddha, Kritisian, Hindu, Sikh dan Tao (MCCBCHST)
9. Muslim Professionals Forum (MPF)
10. National Indian Rights Action Team (NIAT)
11. Negeri Sembilan Chinese Assembly Hall (NSCAH)
12. Partners of Community Organisations (PACOS)
13. Persatuan Aliran Kesedaran Negara (Aliran)
14. Pusat Komas (KOMAS)
15. Saya Anak Bangsa Malaysia (SABM)
16. Suara Rakyat Malaysia (SUARAM)
17. Tamil Foundation (TF)
18. The Association of Graduates from Universities and Colleges of China, Malaysia (Liu Hua)
19. The Federation & Alumni Associations Taiwan University, Malaysia (FAATUM)
20. Tindak Malaysia
21. United Chinese School Alumni Associations of Malaysia (UCSAAM)
Endorsed by other non-governmental organzations:
1. Angkatan Warga Aman Malaysia (WargaAMAN)
2. Center for Orang Asli Concerns (COAC)
3. Federation of Malaysian Indian Organisation (PRIMA)
4. Friends of Kota Damansara
5. Green Friends Sabah
6. Jaringan Orang Asal SeMalaysia (JOAS)
7. JIHAD for JUSTICE
8. Kajian Politik untuk Perubahan (KPRU)
9. Komuniti Muslim Universal (KMU)
10. Malaysians Against Death Penalty and Torture (MADPET)
11. Malaysian Indians Progressive Association (MIPAS)
12. Malaysian Indians Transformation Action Team (MITRA)
13. Malaysian Youth And Students Democratic Movement (DEMA)
14. Malaysian Youth Care Association (PRIHATIN)
15. National Human Rights Society (HAKAM)
16. Oriental Hearts and Mind Study Institute (OHMSI)
17. Perak Women for Women Society (PWW)
18. Persatuan Kesedaran Komuniti Selangor (EMPOWER)
19. Persatuan Komuniti Prihatin Selangor dan Kuala Lumpur
20. Persatuan Rapat Malaysia (RAPAT)
21. Persatuan Sahabat Wanita Selangor (PSWS)
22. Projek Dialogue
23. Sabah Women’s Action Resource Group (SAWO)
24. Sahabat Rakyat
25. Save Open Spaces, KK
26. Save Sarawak’s Rivers Network (SAVE Rivers)
27. Sekolah Pemikiran Asy Syatibi
28. Sisters in Islam (SIS)
29. Sunflower Electoral Education Movement (SEED)
30. WE ARE MALAYSIANS
31. Writers Alliance for Media Independence (WAMI)
32. Women’s Centre for Change (WCC)
33. Women Development of Malaysia PJ Branch
2 media that had covered the statement.
Good job Charles!
ReplyDeleteI wish I was back in active legal practice!
;-)