Bar objects to provisions in law academy bill
"The Bar Council has expressed its views that it supports the setting up of an Academy of Law but not one envisaged by the parameters delineated in its Bill," said its president Mah Weng Kwai in his address at the 11th Malaysian Law Conference in Kuala Lumpur.
"The Bar Council views some of the objectives of the Academy as stated in the bill as incompatible with the provisions of the 1976 Legal Profession Act," Mah added.
In a press conference on Sept 20, the leadership of the 10,000-strong Malaysian Bar criticised the upcoming Malaysian Academy of Law Bill mooted early this year by Minister in the Prime Minister's Department Dr Rais Yatim, stating that certain provisions in the bill were unclear.
"The provision speaks on the issue of conduct but in terms of conduct and discipline, the Legal Profession Act provides for that. The academy therefore, should not concern itself with conduct," he said.
His objections on Sept 20 were based on fears that the Malaysian Bar would be undermined. He urged the government not to allow the academy to duplicate the former's function.
Mah also noted that if members of the Bar were compelled to join the academy, it would become an undue burden as members would have to pay extra fees.
Stating that a memorandum had been sent to the Prime Minister's Department on Aug 9, Mah, today said that the Bar did not disagree to the idea but to the provisions in the draft bill.
"Rais was quoted as saying that the government 'may not extend an invitation again to them (the Bar Council) for an opinion' as he thought that the Council 'agreed with only a sentence or two of the bill'," said Mah.
"With the greatest respect, Rais, the Bar Council is saddened at what appears to be a plain dismissal of the Council's views which seek only to promote the best interests of the profession at large," added Mah.
Close friends
Later, when asked to comment on Mah's statements, Rais said that the debate was only between close friends.
"I think it was a reaction between very good friends," Rais said , adding that the government would take into consideration the council's views.
The Bar has often been at odds with the government over restrictions imposed on it, especially with amendments to the Legal Profession Act which it deems prohibitive.
These include Section 46 of the act which restricts members of the Bar Council from holding political posts.
"The other matter is that once we disagree on many things we should not take it as a symbol of enmity. We can disagree but there is cordiality," Rais said.
The conference, which is a biennial affair, began today and ends on Saturday.
Other luminaries at the conference include Chief Justice Mohamed Dzaiddin Abdullah, Attorney-General Ainom Mohd Saaid, Court of Appeal president Wan Adnan Ismail, Chief Judge of Malaya Ahmad Fairuz Abdul Halim, Chief Judge of Sabah and Sarawak Steve Shim Lip Kiong.
