CoverJB Anual Report17-1.indd 1 2/8/17 3:44 PMjohorebar.org.my/wp-content/uploads/2015/03/JBC-2017-ANNUAL-REPORT_bw.pdf · 3.3 Mr. Norman Fernandez referred to page 21 of the Chairman’s

CoverJB Anual Report17-1.indd 1 2/8/17 3:44 PM


JOHORE BAR ANNUAL REPORT 2016/17

1

47th ANNUAL GENERAL MEETINGJOHORE BAR

www.johorebar.org.my

CONTENTS Page

1. Agenda 2

2. Minutes of the Annual General Meeting held on 19th February 2016 3 - 14

3. Calendar of the Johore Bar 2016/17 15 - 20

4. Chairman’s Report 21 - 29

5. Honorary Secretary’s Report 30 - 31 6. Courts Liaison & Public Relations Sub-Committee Report 32 - 39

7. Building, House, Library & Member’s Welfare Sub-Committee Report 40 - 41

8. Conveyancing Sub-Committee Report 42 - 44

9. Legal Aid Sub-Committee Report 45 - 46

10. Continuing Professional Development Sub-Committee Report 47 - 50

11. Publication & Information Technology Sub-Committee Report 51

12. North Johore Affairs Sub-Committee Report 52 - 53

13. Sports Sub-Committee Report 54 - 55

14. Human Rights Sub-Committee Report 56 - 57

15. Social, Charity & Welfare Sub-Committee Report 58

16. Young Lawyers & Chambering Pupils Sub-Committee Report 59 - 60

17. Shariah Sub-Committee Report 61

18. Johore Bar Representative’s Report 62 - 69

19. Johore Bar Events Gallery 70 - 75

20. Statement of Accounts for the year ended 31st December 2016 76-97

21. Statement by the Internal Auditors 98


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47TH ANNUAL GENERAL MEETING OFTHE JOHORE BAR 2017/18

Date : Friday 24th February 2017Time : 3.00 p.m.Venue : Berjaya Waterfront Hotel, Johor Bahru

AGENDA

1. To confirm and if approved, to adopt the Minutes of the Annual General Meeting held on 19th February 2016.

2. To discuss matters arising therefrom.

3. To consider the Johore Bar Committee’s Annual Report for the year 2016/17.

4. To consider and if approved, to adopt the Johore Bar Committee’s Statement of Accounts for the year 2016.

5. To fix the annual subscription for the year 2017.

6. To elect :

(a) The Chairman for the year 2017/18.

(b) Not less than four (4) members and not more than ten (10) members to the Johore Bar Committee for the year 2017/18.

(c) One (1) member to represent the Johore Bar in the Bar Council, Malaysia for the year 2017/18.

(d) Two Internal Auditors for the year 2017/18.

7. To discuss any other matters.

Dated this 20th January 2017.

Aimi SyArizAd binti dAtuk Hj. kutHubul zAmAnHonorary SecretaryJohore Bar Committee2016/17

1. Any member wishing to bring up any resolution at the meeting must lodge notice of the same with the Hon. Secretary not less than seven (7) days before the date of the Annual General Meeting.

2. Immediately after the Annual General Meeting the Incoming Committee will hold its first meeting.Those elected are kindly requested to attend this meeting.

3. The quorum is 5% of the total number of members of the State Bar. We have 1939 and 5% is 97.


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MINUTES OF THE ANNUAL GENERAL MEETINGHELD ON 19TH FEBRUARY 2016

1.1 The Chairman, Mr. R Jayabalan addressed the Meeting at 3.00 p.m.

1.2 The Chairman informed the members that under Section 70(2) of the Legal Profession Act, 1976 the required quorum for the Annual General Meeting of the State Bar was 5% of the membership. As the membership of the Johore Bar was 1,870, the required quorum was 93 members, and since the quorum was not present, the meeting shall stand adjourned to 4.00 p.m. on the same day and at the same venue as per the Notice of Meeting issued to members.

1.3 The Chairman then called the meeting to order at 4.00 p.m. and announced that there were 140 members who had registered their attendance.

1.4 The Chairman made the following announcements before moving on with the agenda:

(a) Members were reminded to be concise and precise in making their points;

(b) Members were reminded to introduce themselves before making their comment or query;

(c) Members were requested to either switch off their handphones or to keep them in silent mode; and

(d) Only Members of the Johore Bar were entitled to vote and pupils in chambers shall be seated at the designated area and were ineligible to vote.

1.5 The Chairman then requested members to rise and observe a minute of silence as a mark of respect for the following members:

(a) Sethu a/l Arumugam who passed away on 24/2/2015;

(b) Dato’ Sauffee Afandi bin Mohamad who passed away on 11/3/2015;

(c) Santharan a/l Ganapathi who passed away on 4/8/2015; and

(d) Ahmad bin Kemin who passed away on 21/8/2015.

1.6 The Chairman thanked the Committee members and Secretariat staff for their effort in compiling and preparing the Annual Report for 2015/16 and to make it available to members two weeks before the AGM.

itEm 1 OF tHE AGEndA

tO COnFirm And iF APPrOVEd, tO AdOPt tHE minutES OF tHE AnnuAl GEnErAl mEEtinG HEld On 14tH FEbruAry 2015

1.7 There being no amendments, the minutes were adopted as proposed by Mr. T. Balaskanda and seconded by Mr. Chandra Sekran.

itEm 2 OF tHE AGEndA:

tO diSCuSS mAttErS AriSinG tHErEFrOm

2.1 There were no queries raised.


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tO COnSidEr tHE jOHOrE bAr COmmittEE’S AnnuAl rEPOrt FOr tHE yEAr 2015/16

3.1 The Chairman said that the Calendar of Events for 2015/16 was reported from pages 12 to 17 of the Annual Report.

3.2 The Chairman referred to page 17 of the forthcoming events and informed members that the Welcoming Hi-tea for YA Tuan Muhammad Jamil bin Hussin, Judicial Commissioner of the Muar High Court, was held on 17th February 2016.

A. Chairman’s report

3.3 Mr. Norman Fernandez referred to page 21 of the Chairman’s report, item “Poor response of members to Bar activities”, and said that the Chairman has informed in his report the lack of support from the members of the Johore Bar to the Bar activities. He was of the view that the members of the Johore Bar had not been supportive enough of the activities organised by the Committee. He further said that the Committee had done a thankless job to serve about 1,800 members and requested the House to give their support to the activities organized by the Committee.

3.4 Mr. Norman Fernandez informed the House that he had received for the first time a whatsapp

message on race and religion issue in relation to the Johore Bar apparently by certain members seeking to run for the Committee election later and asking for members to support them. He added that the Johore Bar had never stopped any member regardless of race or religion from coming forward to serve the Bar or to run for the Committee elections. He asked if the Committee had heard of the said message that appeared to have gone viral. He also said he felt sad about the nature of the message and strongly deplored what has happened.

3.5 The Chairman agreed that there could have been more support for the Bar activities. However this has been a perennial problem. The Committee members though understand that it is a thankless job had nevertheless been committed in serving the Bar.

3.6 The Chairman said that the Committee was there not to ‘memperkasakan’ any particular group of members or race at the Bar but to ‘memperkasakan Bar Johor’. The Johore Bar had members from the Malay, Chinese, Indians and Punjabi community in the Committee and the sole intention was always to serve the Bar and not any particular race or religion. He further said that anyone from amongst the members is free to run for the Bar but they should have good intention in doing so namely to serve the Bar. The Johore Bar had members like Datuk Zaman, Dato’ Abdul Rahman and Abdullah A. Rahman as the Chairman of the Johore Bar in the past and they had always received good support from members of the Johore Bar regardless of race or religion. Race and religion had never been an issue when it came to electing leaders at the Johore Bar. As an example, he added that, the Johore Bar auditorium was recently named as Abdullah A. Rahman Auditorium in order to recognize the services of the late Abdullah A. Rahman and the proposal had come from a non-Malay member of the Johore Bar. The Bar had always been multi-racial and members had participated at the Bar activities like sports, social events, seminars etc - and race or religion had never been an issue.


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3.7 The Chairman further added that he has seen the messages that Mr. Norman referred to and was disappointed by the contents and having personally known some of the members whose names were mentioned in the messages over the years, he believed that even these members would not had wanted to be associated with such messages.

3.8 Mr. N. Jegatheeson commented that the Committee had organized too many events for the Judges. He suggested that the Committee organise welcoming tea only instead of farewell dinner for the judges. He added that he too felt disappointed with the whatsapp messages on race and religion issue amongst members, of which had never happened in the past. Nevertheless he felt it should not be taken too seriously and should be ignored by the Committee.

3.9 The Chairman informed the members that less events were organised for judges this year compared to the previous year. He said that the Committee had merely continued with the tradition of the Johore Bar from the past in organising events like welcoming tea and farewell dinner for the judges. He believed that the events had their purpose including giving an opportunity for members of the Bar to get together. However, in view of the suggestions made he said that the incoming Committee would look into this matter and see whether the events should be reduced.

3.10 Mr. Norman Fernandez suggested that the Committee could meet the new judge on their own instead of organizing events like welcoming tea in order to save costs. However he said that the Committee should consider to continue organising farewell dinner for the judges. He further added that the traditions can still be changed. The Chairman replied that the incoming Committee would look into the matter.

b. Honorary Secretary’s report

3.11 The Chairman said the Honorary Secretary’s report was shown from page 24 to 25.

C. Courts liaison and Public relations Sub-Committee report

3.12 Mr. Norman Fernandez said that members had encountered problems in the e-filing system and had difficulty in contacting Formis IT support. He suggested that the incoming Committee should ask Formis to meet the lawyers in Johor Bahru in order to understand the problems faced by members in the e-filing system.

3.13 The Chairman informed members that the Bar Council had taken action on issues pertaining the e-filing system and that Formis was asked by the Bar Council to attend the Bar Council’s Courts Committee meetings to discuss issues on e-filing system.

d. building, House & library and members’ Welfare Sub-Committee report

3.14 The Chairman said the Building, House & Library and Members’ Welfare Sub-Committee report was shown from page 31 to 32.

E. Conveyancing Sub-Committee report

3.15 The Chairman said the Conveyancing Sub-Committee report was shown from page 33 to 35.


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F. legal Aid Sub-Committee report

3.16 The Chairman said the Legal Aid Sub-Committee report was shown from page 36 to 38.

G. Continuing Professional development Sub-Committee report

3.17 Mr. Norman Fernandez congratulated Ms. Santhi for a job well done for having conducted 19 seminars during the year and had generated a surplus of RM44,823.76.

H. Publications & information technology Sub-Committee report

3.18 Mr. Norman Fernandez commended En. Fadhil Ihsan for having produced the new format of the INFO Johore Bar.

3.19 En. Fadhil Ihsan in his reply hoped that members could accept the new format of the INFO Johore Bar.

i. north johor Affairs Sub-Committee report

3.20 The Chairperson of the Sub-Committee Pn. Shahareen referred to page 47, last paragraph and informed members that Tuan Jamil had not declined the Hi-Tea but his request was for change of the date for the Hi-Tea. The Hi-Tea was subsequently held on 17th February 2016.

3.21 Mr. N. Jegatheeson referred to page 47, fifth paragraph of item 3 and sought to amend the expression “were respectively crowned Best Dressed Male.”

3.22 Pn. Shahareen apologised and thanked Mr. N. Jegatheeson for pointing out the said paragraph and it was amended as “Best Dressed Male and Best Dressed Female.”

j. Sports Sub-Committee report

3.23 Mr. Norman Fernandez expressed his concern over the amount spent by the Sports Sub-Committee of RM30,739.15 for the year. He further said that traditions can be changed and requested the Committee to reduce the number of unnecessary Games like North vs South Games, Bench & Bar vs Police Games and Johore Bar vs Law Society Singapore Games. He said that the Sports Sub-Committee was spending money collected by other Sub-Committees.

3.24 The Chairman said that the current Sports Sub-Committee had initially wanted to reduce the number of games but members had requested that the existing games to be continued with.

3.25 Mr. Norman Fernandez reiterated his earlier suggestions.

3.26 The Chairman said that the incoming Committee would look into Mr Norman’s suggestions.

3.27 En. Mohd Rasheed said that the Sports Sub-Committee was not a “money collector” however the Committee should look into the necessary expenses needed in organising the sports activities. He further said that the Committee had to spend money for new jerseys, venue rentals and he believed that some players had even used their own money to pay venue rentals.


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3.28 Mr. P. Suppiah said he supported En. Mohd Rasheed’s views and added that sports are important activities for members to participate and must continue to be organised by the Committee.

3.29 The Chairman said that the incoming Committee would look into reducing expenses for future events.

k. Human rights Sub-Committee report

3.30 The Chairman said that there were several public forums organised jointly with Bar Council and the Committee had also rendered assistance by holding watching brief for members and public who were charged under the Sedition Act.

3.31 En. Hassan Karim thanked the Committee and the Bar Council for their assistance in his sedition case in Johor Bahru and Shah Alam Courts including for holding watching brief in his cases. He queried the Committee why similar assistance was not given to En. Kamal Hisham who was also a member of the Johore Bar and at the same time noted that the annual report at page 70 shows pictures of some Committee members with a certain person.

3.32 The Chairman replied that the Johore Bar Committee had rendered assistance in the case of En. Kamal Hisham including through the assistance of the Bar Council such as by holding watching brief.

l. Social, Charity & Welfare Sub-Committee report

3.33 The Chairman said the Social, Charity & Welfare Sub-Committee report was shown from page 53 to 54.

m. young lawyers and Chambering Pupils Sub-Committee report

3.34 The Chairman said the Young Lawyers and Chambering Pupils Sub-Committee report was shown at page 55.

n. Shariah Sub-Committee report

3.35 Pn. Hjh. Norfaizah informed members that she was an active shariah practitioner and that there were several issues affecting members in the shariah courts. She further said that the shariah lawyers would require guidance from the civil lawyers. She suggested that the incoming Shariah Sub-Committee look into having a meeting with the PPSM.

3.36 The Chairman said that the incoming Committee would look into it.

O. johore bar representative’s report

3.37 The Chairman invited Mr. S. Gunasegaran to comment on the Bar Rep’s report.

3.38 Mr. S. Gunasegaran said that he has included in his report of several issues discussed at the Bar Council especially on bread and butter issues and invited members to raise any queries on his report.

3.39 As there were no queries raised the Chairman moved on to the next agenda.


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tO COnSidEr And iF APPrOVEd, tO AdOPt tHE jOHOrE bAr COmmittEE’S StAtEmEnt OF ACCOuntS FOr tHE yEAr 2015

4.0 Mr. N. Jegatheeson referred to page 89 and queried why there were outstanding arrears in subscription for 50 members at RM10,000.00.

4.1 The Chairman said there were members who have not paid the subscription and reminders were sent.

4.2 Pn. Siti Norhafizah explained that the sum of RM10,000.00 had to be recorded in the account for the year because 50 members did not pay the Annual Subscription for the year 2015 as at 31st December 2015. She further said that some members paid their Annual Subscription late and the Johore Bar Committee received the subscription in January and February 2016. The sum will later be reconciled and the Bar Council notified in due course.

4.3 Mr. N. Jegatheeson said that he was unclear with the explanation given.

4.4 Mr. Norman Fernandez suggested that the Committee should request from the Bar Council the list of members who have not paid their subscription.

4.5 The Chairman replied that the Johore Bar Committee currently had the list and the names were identified.

4.6 Mr. Norman Fernandez asked whether the amount of RM7,600.00 were collected as shown in arrears in year 2014.

4.7 The Chairman replied that the said amount was collected.

4.8 The Johore Bar Committee’s Statement of Accounts for the year 2015 were adopted as proposed by Mr. S. Kandasamy and seconded by Mr. C. Sankaran.


mOtiOn nO. 1

tO COnSidEr And iF APPrOVEd, tO AdOPt A mOtiOn by tHE jOHOrE bAr COmmittEE tO inCrEASE tHE jOHOrE bAr SubSCriPtiOn FEE FOr tHE yEAr 2016

5.1 A summary of the motion is that: The Johore Bar resolves as follows:

“The Johore Bar Subscription fee for 2016 be fixed at RM250.00 for the year 2016.”

5.2 In moving the motion, the Chairman informed the members that the last increase in the Subscription was in 2004. The reasons for the increase were because of the additional costs of servicing the increased membership of the Johore Bar, the increase in costs of services, GST and operational costs of the Secretariat at Johor Bahru and Muar and increase in the expenses for the activities of the Johore Bar. The present subscription is RM200.00 and the Johore Bar Committee proposes an increase of RM50.00 to be considered by the members.


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5.3 Mr. N. Jegatheeson noted that the accounts reflected a surplus for the current year and queried the need for increase of the Subscription. He suggested that the Committee reduce some activities and save money.

5.4 Mr. Norman Fernandez said in view of the many activities organised by the Johore Bar, expenses would naturally increase. He further said that the Committee should manage the Bar with the money available and suggested that the number of activities be reduced. He felt strongly that the current Subscription at RM200.00 per member is sufficient to run the Johore Bar.

5.5 Mr. P. Suppiah suggested the increase in the Annual Subscription by RM50.00 be reduced to RM35.00 as a compromise or the Committee could consider deferring the motion to next year.

5.6 The Chairman said that there were 2 proposals that were suggested by Mr. P. Suppiah namely either to reduce the increase in Subscription or defer the motion to next year.

5.7 Mr. Mathews George informed members that the increase of RM50.00 was a small sum and he felt that the increase was fair enough in order for the Committee to run the activities for the Bar, to cater the needs at the Secretariat and to maintain the accounts in a healthy state. He further urged all members to support the motion.

5.8 Mr. N. Jegatheeson asked the Committee whether the proposed motion will be put to vote or the Committee would agree with the earlier suggestion by Mr. P. Suppiah.

5.9 Mr. P. Suppiah said that the Committee may decide to amend the motion by having other persons as proposer and seconder.

5.10 The Chairman thanked the House for the views and announced that in view of the concerns raised on the expenses and suggestions to reduce activities he would withdraw the motion for the time being and let the incoming Committee to look into the expenses again and decide whether an increase would still be necessary.

mOtiOn nO. 2

tO COnSidEr tHE mOtiOn by En. FAdHil iHSAn rEGArdinG tHE inFO jOHOrE bAr

5.11 A summary of the motion is: That the Johore Bar resolves as follows:

“1.

2.

3.

4.

5.

The Johore Bar continues the traditionof producing the INFO;

The Johore Bar to commit to and encourage the publishing of fresh and diverse content (in both English and Bahasa Malaysia) by its members, of young and senior;

The Johore Bar adopts publishing the INFO on an internet publishing platform;

The Johore Bar adopts an opt-in subscription policy for the INFO whereby;

The Johore Bar is to print hard copies of the INFO for the said subscribers and for distribution to judges.”


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5.12 The Chairman invited En. Fadhil to table the motion.

5.13 En. Fadhil informed members that the motion was being proposed for reasons that (a) the general cost for goods and services in bulk printing of the INFO Johore Bar and (b) the distribution and labour costs incurred by the Secretariat for the INFO. En. Fadhil Ihsan gave a video presentation of the INFO on an internet publishing platform, which showed as follows:

i. members may have online access via their computers or tablets at a webpage https://issuu.com

ii. currently the page was being created and statistics showed as at todate showed 693 impressions, 70 reads. Several publications were also uploaded to the page.

iii. members may choose opt-in subscription policy to request for hard copies for the INFO at a webpage http://subscribe.johorebar.org.my

5.14 En. Fadhil informed members that the Committee will maintain the printing of the INFO Johore Bar but at a minimal printed copies and that could reduce the costs of printing charges up to 75%. The printed copies would be for distribution to the senior members of the Bar and local judges. He requested the House to comment on the motion.

5.15 Mr. N. Jegatheeson asked whether the online services are free for members.

5.16 En. Fadhil replied that the online services are free for members.

5.17 Mr. N. Jegatheeson asked whether there will be any increase in the printing costs by the printers for the reduced printing copies and whether that will affect the printing expenses.

5.18 En. Fadhil replied that it would not have much impact on the printing costs.

5.19 Mr. P. Suppiah said that he and the senior members of the Bar would prefer reading the INFO in a printed format compared to the online access. He felt that the printed format was useful as he used to pass the INFO to his staff in his firm after his reading.

5.20 Pn. Norhayati said that she was in support of the motion as she felt that it would reduce our expenses especially the printing costs. She further said that nowadays everyone could access the internet anytime for any search using their own mobile phones and computers and members may easily read the INFO Johore Bar online. She urged the members to consider the motion seriously.

5.21 The motion was put to a vote and passed unanimously.

5.22 The Chairman announced that the motion was carried.


tO FiX tHE AnnuAl SubSCriPtiOn FOr tHE yEAr 2016

6.1 The Chairman proposed that the Annual Subscription for the year 2016 remained unchanged at RM 200.00 and was seconded by Mr. N. Jegatheeson.


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tO ElECt:

(A) tHE CHAirmAn FOr tHE yEAr 2016/17

7.1 The Chairman invited nominations for Chairman for the year 2016/17.

7.2 The following nominations were received:

Mr. P. Suppiah

Mr. S. Gunasegaran

-

-

Nominated by Mr. C. SankaranSeconded by Mr. S. Kandasamy

Nominated by Mr. N. JegatheesonSeconded by Ms. K. Meneka

7.3 There being no other nominations, Ms. Manjit Kaur proposed that the nominations be closed and Ms. Vasanthi seconded.

7.4 Mr. Kuna Nadasen, En. Hassan Karim and Ms. Sharimilathevy were appointed as scrutineers.

7.5 The Chairman announced that the secretariat staff would distribute the ballot papers. Ballots were casts and the Chairman reminded the chambering pupils that they were not allowed to vote.

7.6 Voting was carried out by secret ballot and the results were announced as follows:

Total number of votes cast - 149 votes Mr. P. Suppiah - 29 votes Mr. S. Gunasegaran - 119 votes Spoilt votes - 1 vote

7.7 Mr. S. Gunasegaran was declared as the newly elected Chairman of the Johore Bar for the year 2016/17.

(b) nOt lESS tHAn FOur (4) mEmbErS And nOt mOrE tHAn tEn (10) mEmbErS tO tHE jOHOrE bAr COmmittEE FOr tHE yEAr 2016/17.

7.8 The Chairman said members should be given the choice to decide and invited nominations for the election of Committee members.

7.9 The following members were duly proposed and seconded to be elected to the Johore Bar Committee:

1. Pn. Shahareen Begum binti Abdul SubhanProposed bySeconded by

::

Mr. N. JegatheesonMs. K.Meneka

2. Mr. P. SuppiahProposed bySeconded by

::

Mr. S. KandasamyMr. John Fernandez


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3. Pn. Nik Raihan binti Datuk Nik Ja’afarProposed bySeconded by

::

Mr. R JayabalanMr. Norman Fernandez

4. Ms. K. MenekaProposed bySeconded by

::

Mr. R JayabalanMs. J. Chandrika

5. Pn. Hjh. Norfaizah binti Hj. ZainuddinProposed bySeconded by

::

Pn. Lydiana binti MansorPn. Nor Aishah binti Dato’ Abdul Rahman

6. Ms. Punitha a/p MariappanProposed bySeconded by

::

Pn. Shahareen Begum binti Abdul SubhanMs. K. Meneka

7. Ms. Santhi a/p BalachandranProposed bySeconded by

::

Mr. R JayabalanMs. Punitha Mariappan

8. Mr. Mathews GeorgeProposed bySeconded by

::

Mr. C. SankaranEn. Mohd Fairuz bin Mahmood

9. Ms. Gun Huei ShinProposed bySeconded by

::

Mr. N. JegatheesonMr. Norman Fernandez

10. Mr. Hardip SinghProposed bySeconded by

::

Mr. R JayabalanMr. Norman Fernandez

11. Pn. Napisah binti Narikkodan MammooProposed bySeconded by

::

En. Iskandar Shah bin Ibrahim Pn. Nor Aishah binti Dato’ Abdul Rahman

12. En. Fadhil IhsanProposed bySeconded by

::

Mr. N. JegatheesonMr. John Fernandez

13. Mr. K C NgProposed bySeconded by

::

Pn. Shahareen Begum binti Abdul SubhanMs. Punitha Mariappan

7.10 There being no other nominations, Pn. Shahareen Begum binti Abdul Subhan proposed that the nominations be closed and was seconded by Pn. Nor Aishah binti Dato’ Abdul Rahman.

7.11 The Chairman requested the secretariat staff to distribute the ballot papers to the members.

7.12 Votes were cast and counted and the following members were declared elected to the Johore Bar Committee for the year 2016/17:

1. Pn. Shahareen Begum binti Abdul Subhan2. Pn. Nik Raihan binti Datuk Nik Ja’afar


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3. Ms. K Meneka a/p E Kanasmoorthy4. Pn. Hjh. Norfaizah binti Hj. Zainuddin5. Ms. Punitha a/p Mariappan6. Ms. Santhi a/p Balachandran7. Mr. Mathews George8. Ms. Gun Huei Shin9. En. Fadhil Ihsan bin Mohamad Hassan10. Mr. Hardip Singh

(C) OnE (1) mEmbEr tO rEPrESEnt tHE jOHOrE bAr in tHE bAr COunCil, StAtES OF mAlAyA FOr tHE yEAr 2016/17:

7.13 The Chairman invited nominations for the election of one member as Johore Bar Representative to the Bar Council.

Mr. R Jayabalan - Proposed by Mr. N. Jegatheeson Seconded by Mr. Norman Fernandez

7.14 There being no other nominations, En. Iskandar Shah proposed the nominations be closed, which proposal was seconded by Mr. S. Kandasamy.

7.15 Mr R. Jayabalan was declared as the Representative of the Johore Bar to the Bar Council for the year 2016/17.

(d) tWO intErnAl AuditOrS FOr tHE yEAr 2016/17

7.16 The nominations were as follows:

1. Ms. Shyamala Manoharan - Proposed by Mr. N. Jegatheeson Seconded by Mr. Norman Fernandez

2. Ms. Sharimilathevy - Proposed by Mr. N. Jegatheeson Seconded by Mr. Norman Fernandez

7.17 There being no other nominations, Ms. J. Chandrika proposed that nominations be closed and was seconded by Ms. K. Meneka.

7.18 The Chairman announced that Ms. Shyamala and Ms. Sharimilathevy had been duly elected as the two (2) Internal Auditors for the year 2016/17.


tO diSCuSS Any OtHEr mAttErS

8.1 The Chairman informed members that the Bar Council will table a resolution at the coming AGM of the Malaysian Bar to introduce a Mandatory CPD Scheme for members under a 24-months cycle w.e.f 1st July 2016. The scheme will start with members who were issued with their Practising Certificate on or after 1st July 2011. He reminded members to attend the Malaysian Bar AGM on 14th March 2016 at Renaissance Hotel, Kuala Lumpur.


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8.2 There were no further issues for discussion.

COnCluSiOn

Mr. Norman Fernandez thanked the outgoing Chairman, Committee members and the Secretariat staff for a well job done for the year.

The Chairman thanked everyone and adjourned the AGM at 6.30 p.m.

r jayabalan nik raihan binti datuk nik ja’afar Chairman Honorary Secretary


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2016

FEbruAry

19th 46TH ANNUAL GENERAL MEETING OF THE JOHORE BAR at JOTIC Auditorium, Jalan Ayer Molek, Johor Bahru

20th JOHORE BAR ANNUAL DINNER & DANCE 2016 at KSL Hotel & Resort, Johor Bahru

25th 1ST MEETING OF THE JBC 2016/17 at Johore Bar Secretariat

mArCH

8th WELCOMING HIGH-TEA IN HONOUR OF Y.A PUAN AL-BAISHAH BINTI ABD MANAN, JUDICIAL COMMISSIONER OF THE JOHOR BAHRU HIGH COURT

at Grand BlueWave Hotel, Johor Bahru

10th 2ND MEETING OF THE JBC 2016/17 at Johore Bar Secretariat

16th JBC COURTESY CALL ON THE JUDGES AND JUDICIAL COMMISSIONERS OF THE JOHOR BAHRU HIGH COURT

at Johor Bahru High Court, Jalan Dato’ Onn, Johor Bahru

29th YBGK MEETING WITH HEAD OF PROSECUTION UNIT (NO. 1 OF 2016) at State Legal Advisor Meeting room, Nusajaya Johor

APril

7th 3RD MEETING OF THE JBC 2016/17 at Johore Bar Secretariat

21st JBC MEETING WITH THE HIGH COURT JUDGE, JUDICIAL COMMISSIONER, SESSIONS COURT JUDGES AND MAGISTRATES IN MUAR, JOHOR

at Muar Court Complex

mAy

5th JBC COURTESY CALL ON THE JUDGE AND JUDICIAL COMMISSIONER OF THE MUAR HIGH COURT

at Muar High Court, Muar, Johor

5th 4TH MEETING OF THE JBC 2016/17 at Muar High Court, Muar, Johor

Calendar of the Johore Bar 2016/17


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11th JBC COURTESY CALL ON THE JUDGE OF THE SHARIAH COURT, JOHOR BAHRU at Shariah Court, Johor Bahru

12th JOHORE BAR FORUM ON COURT MATTERS at Abdullah A. Rahman Auditorium, Johor Bahru

13th TALK ON INTERPRETATION OF CONTRACTS at Abdullah A. Rahman Auditorium, Johor Bahru

18th 1ST MEETING WITH JUSTICE DATO’ MOHD SOFIAN BIN TAN SRI ABD RAZAK, SENIOR JUDGE OF THE JOHOR BAHRU HIGH COURT TO DISCUSS COURT MATTERS


19th SEMINAR ON ‘TPPA: PERTINENT PROVISIONS, IMPACTS AND CHALLENGES’ at Abdullah A. Rahman Auditorium, Johor Bahru

21st 10TH JOHORE BAR FUTSAL TOURNAMENT 2016 at Millenium Soccer, Taman Anggerik, Johor Bahru

30th JBC MEETING WITH INSTITUT INTEGRITI KEPIMPINAN DAN LATIHAN SEMANGAT DATO’ ONN (IKLAS)

at Restoran Selasih, Dataran Bandaraya Johor Bahru

junE

1st REFERENCE CEREMONY AT JOHOR BAHRU HIGH COURT, JALAN DATO’ ONN, JOHOR BAHRU FOR

The Late Dato’ Sauffee Afandi bin Mohamad The Late Ahmad bin Kemin The Late Parthiban a/l M N Letchumanan

9th 5TH MEETING OF THE JBC 2016/17 AND MEETING WITH THE PRESIDENT AND SECRETARY OF THE MALAYSIAN BAR at Johore Bar Secretariat

24th TALK BY DR SIVAKUMAR THURAIRAJASINGAM ON MENTAL ILLNESS – THE EFFECT OF STRESS AND STRESS MANAGEMENT

at Abdullah A. Rahman Auditorium


30th WORKSHOP ON BASIC CONVEYANCING PRACTICE AND BRIEFING ON THE CPD SCHEME


july

14th 6TH MEETING OF THE JBC 2016/17 at Johore Bar Secretariat


17



21st SEMINAR ON “INDEFEASIBILITY OF TITLE UNDER THE NATIONAL LAND CODE IN MALAYSIA”


28th HARI RAYA AIDILFITRI HI-TEA at Marina Tanjung Emas, Muar, Johor

AuGuSt

1st HARI RAYA AIDILFITRI CELEBRATIONS at Abdullah A. Rahman Auditorium

3rd CPD CAMPS 2016 ORGANISED BY THE CPD BAR COUNCIL at Abdullah A. Rahman Auditorium


4th JOHORE BAR FORUM ON THE GOVERNMENT’S PROPOSAL TO AMEND THE LPA 1976


10th CPD CAMPS 2016 ORGANISED BY THE CPD BAR COUNCIL at Muar Traders Hotel, Muar, Johor

11th JBC COURTESY CALL ON JUSTICE DATO’ SRI TUN ABD MAJID BIN DATO’ HAJI TUN HAMZAH, JUDICIAL COMMISSIONER OF THE JOHOR BAHRU HIGH COURT

at Johor Bahru High Court, level 25, Menara MSC Cyberport, Johor Bahru

23rd & 24th PROFESSIONAL STANDARDS COURSE (1) at Abdullah A. Rahman Auditorium

24th PROFESSIONAL STANDARDS COURSE DINNER at Thistle Hotel, Johor Bahru

29th PUBLIC FORUM ON THE GOVERNMENT’S PROPOSAL TO AMEND THE LPA 1976 at Tropical Inn, Johor Bahru

30th GST HANDHOLDING PROGRAMME FOR SECTOR III (REAL PROPERTY, CONSTRUCTION AND PROFESSIONAL)

at Berjaya Waterfront Hotel, Johor Bahru

SEPtEmbEr


9th SEMINAR ON COMPANIES BILL 2015 VIS-À-VIS MALAYSIAN COMPANIES LAW at Berjaya Waterfront Hotel, Johor Bahru

17th JOHORE BAR vs PAHANG BAR FRIENDLY GAMES 2016 at Kuantan, Pahang


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24th JOHORE BAR HIKING TRIP at Gunung Pulai, Johor


OCtObEr

11th WORKSHOP ON BASIC CONVEYANCING PRACTICE at Muar Traders Hotel, Muar, Johor


14th & 15th ADVOCACY TRAINING COURSE JOINTLY ORGANISED WITH BAR COUNCIL ADVOCACY TRAINING COMMITTEE

at Johor Bahru Sessions Court, Jalan Ayer Molek, Johor Bahru

19th JBC MEETING WITH THE DIRECTOR OF JOHOR COURTS TO DISCUSS COURT MATTERS

at Johor Bahru Sessions Court, Jalan Ayer Molek, Johor Bahru

20th JBC COURTESY CALL ON JUSTICE TUAN COLLIN LAWRENCE SEQUERAH, JUDICIAL COMMISSIONER OF THE JOHOR BAHRU HIGH COURT


22nd JOHORE BAR NORTH vs SOUTH GAMES 2016 at Johor Bahru

nOVEmbEr

3rd JBC COURTESY CALL ON JUSTICE DR CHOO KAH SING, JUDICIAL COMMISSIONER OF THE JOHOR BAHRU HIGH COURT

at Johor Bahru High Court, level 25, Menara MSC Cyberport, Johor Bahru

8th SIJIL ANNUAL AND ONLINE PORTAL WORKSHOP ORGANISED BY MEMBERSHIP DEPARTMENT OF BAR COUNCIL



9th - 12th JOHORE BAR vs MAHKAMAH JOHOR GAMES 2016 (BAR BENCH CLUB) at Johor Bahru

18th SEMINAR ON CRIMINAL LITIGATION at Muar Traders Hotel, Muar, Johor


19



dECEmbEr

1st 11TH MEETING OF THE JBC 2016/17 at Johore Bar Secretariat

5th JBC 2ND MEETING WITH JUSTICE DATO’ MOHD SOFIAN BIN TAN SRI ABD RAZAK, SENIOR JUDGE OF THE JOHOR BAHRU HIGH COURT TO DISCUSS COURT MATTERS


8th PUBLIC FORUM ON THE STATE OF HUMAN RIGHTS IN MALAYSIA TODAY at Tropical Inn, Johor Bahru

27th YBGK MEETING WITH HEAD OF PROSECUTION UNIT (NO. 4 OF 2016) at IPK Johor, Jalan Tebrau

2017

jAnuAry

5th 12th MEETING OF THE JBC 2016/17 at Johore Bar Secretariat

12th JBC 3RD MEETING WITH JUSTICE DATO’ MOHD SOFIAN BIN TAN SRI ABD RAZAK, SENIOR JUDGE OF THE JOHOR BAHRU HIGH COURT TO DISCUSS COURT MATTERS


12th WORKSHOP ON DRAFTING WRITTEN SUBSMISSION AND CAUSE PAPERS ON CIVIL PROCEDURE


17th JBC MEETING WITH DIRECTOR OF PROSECUTION UNIT, JOHOR at Johore Bar Secretariat

18th JOHORE BAR HIGH-TEA WITH HIS MAJESTY SULTAN IBRAHIM, SULTAN OF JOHOR at Thistle Hotel, Johor Bahru

19th SEMINAR ON CONTSRUCTION LAW FOR PRACTITIONERS at Abdullah A. Rahman Auditorium

20th SHARIAH SUB COMMITTEE COURTESY CALL ON SHARIAH COMMITTEE OF THE LAW SOCIETY OF SINGAPORE

at Singapore

23rd & 24th PROFESSIONAL STANDARDS COURSE (2) at Abdullah A. Rahman Auditorium

24th PROFESSIONAL STANDARD COURSE DINNER at Grand Paragon Hotel, Johor Bahru


20



FOrtHCOminG EVEntS

FEbruAry

1st SEMINAR ON ISLAMIC PRINCIPLE OF FAMILY LAW at Abdullah A. Rahman Auditorium

2nd 13TH MEETING OF THE JBC 2016/17 at Johore Bar Secretariat.

6th DIALOGUE BETWEEN JOHOR PROSECUTION UNIT AND THE JOHORE BAR at Abdullah A. Rahman Auditorium

7th WELCOMING HIGH TEA IN HONOUR OF JUSTICE TUAN COLLIN LAWRENCE SEQUERAH AND JUSTICE DR CHOO KAH SING, JUDICIAL COMMISSIONERS OF THE JOHOR BAHRU HIGH COURT

at Double Tree Hotel, Johor Bahru

24th FINAL MEETING OF THE JBC 2016/17 at Johore Bar Secretariat

24th 47TH JOHORE BAR ANNUAL GENERAL MEETING 2017/18 at Berjaya Waterfront Hotel, Johor Bahru

25th JOHORE BAR ANNUAL DINNER & DANCE 2017 at Mutiara Hotel, Johor Bahru

REFERENCE CEREMONY AT MUAR HIGH COURT, MUAR, JOHOR FOR The Late Sethu a/l Arumugam The Late Santharan a/l Ganapathi The Late Veera Kumara Singham Allahyarhamah Najwa Izzatty Binti Abd Razak The Late Lee Kew Fin @ Lee Ah Heng


21



CHAIRMAN’S REpORT

S. Gunasegaran

Annual General meeting

The last Annual General Meeting of the Johore Bar held on 19th February 2016 was attended by 140 members. The meeting elected the Chairman and a ten-member Committee to manage the Johore Bar for the year 2016/17.

the Committee

Ms. Gun Huei Shin, a duly elected member of the Johore Bar Committee tendered her resignation w.e.f. 15th March 2016 and pursuant to section 70(7A) of the Legal Profession Act 1976 (“LPA”) the Committee appointed Mr. Loh Wei Cher to take her place.

The Committee also co-opted Mr. Andrew Wong Fook Hin as a member of the Johore Bar Committee pursuant to section 73 (vii) of the LPA w.e.f. 10th March 2016.

The Committee further invited Mr. R. Jayabalan, the Johore Bar Representative to the Bar Council, to attend its meetings.

The Committee appointed Pn. Azmelia Nabila binti Zainal Abidin as the Honorary Secretary pursuant to section 70(6) of the LPA and Mr. Mathews George as the Honorary Treasurer for the year.

Pn. Azmelia Nabila however resigned as the Honorary Secretary in mid-term and the Committee appointed Cik Aimi Syarizad binti Datuk Hj. Kuthubul Zaman to replace her w.e.f. 1st October 2016.

Sub-Committees

Twelve sub-committees, each headed by a member of the Johore Bar Committee, were formed to organize and carry out the activities of the Johore Bar for the ensuing year. The Sub-committees organized a large number of activities, particulars whereof may be found in the reports of the respective sub-committees.

meetings of the Committee

The Committee continued with the tradition of meeting monthly to carry out its statutory functions and to discuss issues and matters of concern to the Bar. The meetings were mostly held on the first Thursday of the month. The Committee met twelve times during the year.


22



membership of the johore bar

The membership of the Johore Bar has grown in leaps and bounds over the years and stands at 1,939 as at 31st December 2016. In 2000 we had only 961 members on our Rolls, but within 16 years our membership has more than doubled. We continue to be the third largest state Bar in the country after Kuala Lumpur and Selangor.

Admissions to the bar

There were 105 admissions to the Bar in Johor during the year.

Obituary

The Johore Bar mourns the loss of the following members who passed away last year and offers its deepest condolences to the bereaved families:

(1) the late Parthiban a/l M N Letchumanan (passed away on 18th March 2016);(2) the late Veera Kumara Singham (passed away on 31st July 2016);(3) the late Renganathan a/l Letchumanan (passed away on 31st August 2016);(4) Allahyarhamah Najwa Izzatty Binti Abd Razak (passed away on 2nd September 2016);(5) the late Chua Chen Cher (passed away on 17th September 2016);(6) the late Lee Kew Fin @ Lee Ah Leng (passed away on 5th October 2016); and(7) the late Chong Lung Fei (passed away on 30th December 2016).

reference

A Reference was held on 1st June 2016 at the Johor Bahru High Court to honour the memory of the following members of the Johore Bar:

(1) Allahyarham Dato’ Sauffee Afandi bin Mohamad who passed away on 11th March 2015;(2) Allahyarham Ahmad bin Kemin who passed away on 21st August 2015; and(3) the late Parthiban a/l M.N. Letchumanan who passed away on 8th March 2016.

On the Bench were the Honourable Justices Dato’ Indera Mohd Sofian bin Tan Sri Abdul Razak and Teo Say Eng and Judicial Commissioner Datuk Dr Sabirin bin Ja’afar.

disbursement of money under the law Care Fund

Payments under the Law Care Fund were made to the families of the following deceased members of the Johore Bar during the year:

(a) the late Santharan a/l Ganapathi;(b) the late Ahmad bin Kemin;(c) the late Renganathan a/l Letchumanan;(d) the late Parthiban a/l M N Letchumanan; and(e) the late Veera Kumara Singham.


23



disciplinary Proceedings

Disciplinary proceedings were taken against 17 members of the Johore Bar during the year, with the following outcome:

Struck off the Rolls - 1Suspension - NilFine - 15Censure - 1

Courtesy Calls

The Committee continued with the tradition of paying a courtesy call on the Judges and Judicial Commissioners of the High Court. The following courtesy calls were made during the year:

(1) courtesy call on the Judges and Judicial Commissioners of the Johor Bahru High Court on 16th March 2016;

(2) courtesy call on the Judge and Judicial Commissioner of the Muar High Court on 5th May 2016;

(3) courtesy call on the Honourable Dato’ Sri Tun Abd Majid, Judicial Commissioner of the Johor Bahru High Court on 11th August 2016;

(4) courtesy call on the Honourable Tuan Collin Lawrence Sequerah, Judicial Commissioner of the Johor Bahru High Court on 20th October 2016; and

(5) courtesy call on the Honourable Dr Choo Kah Sing, Judicial Commissioner of the Johor Bahru High Court on 27th October 2016.

transfers and new Postings

There are presently seven Judges and Judicial Commissioners of the High Court in Johor; 5 in Johor Bahru and 2 in Muar.

There was the usual movement of Judges both to and from Johor. The following Judges went on transfer or left the service:

(1) Dato’ Mat Zara’ai bin Alias; and(2) Datuk Dr Sabirin bin Ja’afar.

The following Judicial Commissioners were posted to the Johor Bahru High Court during the year:

(1) Puan Al Baishah binti Abd Manan (w.e.f. 1st January 2016); (2) Dato’ Sri Tun Abd Majid (from 3rd August 2016 to 15th October 2016 when he was transferred

to the Shah Alam High Court) ;(3) Tuan Collin Lawrence Sequerah (w.e.f. 1st September 2016); and(4) Dr Choo Kah Sing (w.e.f. 15th October 2016).

Activities of the johore bar

The year under review has been a very busy one for the Johore Bar as can be seen from the Calendar of Events and the reports of the various Sub-committees.


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As a matter of policy the Committee gave top priority to issues pertaining to Litigation and Conveyancing issues, the two main practice areas of our members and constituting the “bread and butter issues.” Problems faced by our members in these two practice areas were taken up urgently and resolved expeditiously by the respective sub-Committees.

Continuing Professional Development (“CPD”) is the pride of the Johore Bar. Long before the Bar Council thought of making CPD mandatory for all members of the Malaysian Bar, the Johore Bar had embarked on the development of CPD to enhance the professional knowledge and skills of our members. We have over the years expended a tremendous amount of energy to develop a very strong and active CPD programme. Last year was no exception. The CPD Sub-Committee organized a total of eleven events during the year, out of which two were held in Muar for the benefit of members practising in North Johor.

The Legal Aid Sub-Committee had been busy during the year providing legal aid in criminal cases under the Yayasan Bantuan Guaman Kebangsaan (YBGK) or the National Legal Aid Foundation. We have two Legal Aid Centres in Johor, operating from the Johor Bahru High Court and the Muar Court Complex. YBGK faced a serious financial crisis during the year arising from the inordinate delay in the payment of emoluments to the hundreds of volunteers on the scheme throughout the country and threatening to derail the whole scheme. I am proud to note that the YBGK volunteers from the Johore Bar exercised such great understanding and patience during the crisis. The arrears of payment were eventually resolved and the scheme continues to function smoothly to this day.

The Social, Charity and Welfare Sub-Committee had a relatively quiet year. Two Welcoming High Tea for the newly posted Judicial Commissioners and a Hari Raya gathering were organized and the biggest social event, the Annual Dinner and Dance would be held at the end of our term.

The Sports Sub-Committee on the other hand, organized four sporting events during the year, including the inaugural Johore Bar v Pahang Bar Friendly Games played in Kuantan. However, the Annual Bench & Bar v Police Games could not be played due to no fault of ours.

The main activity of the Human Rights Sub-Committee was a Public Forum on the State of Human Rights in Malaysia held in conjunction with World Human Rights Day, which was a tremendous success.

The Young Lawyers & Chambering Pupils Sub-Committee continues to tackle the problem of insufficient interest shown by the younger members of the Bar, which has become a matter of some concern in recent years. A half-day Hike up to Gunung Pulai was organized for the young members. There was a slightly better participation by our young members in the sporting events, which provided some consolation.

The Shariah Sub-Committee organized a Courtesy Call on the Judge of the Johor Bahru Shariah Court and a meeting with the Shariah Committee of the Singapore Law Society.

The Building, House, Library and Members’ Welfare Sub-Committee organized a Talk by Dr Sivakumar Thurairajasingam on “Stress Management” for the benefit of our members who are under heavy stress. I am also pleased to inform you that the RM100,000.00 given by the Bar Council in January 2014 as a soft loan to help us refurbish our newly-acquired Johore Bar Building has been repaid in full.

Due to technical glitches the Publication & IT Sub-Committee could only come up with one issue of Info Johore Bar.


25



The North Johore Affairs Sub-Committee is an all-in-one committee that handles all matters of concern to the members practising in the northern region. The Sub-Committee took up issues pertaining to the courts with the Judge and the Registrar of the Muar High Court on a regular basis and also organised two social events. Further two CPD activities were held in Muar, which were well received by the members practising in North Johor. I sincerely hope that the success of these events would serve as the impetus to hold more such activities in the future.

bench and bar Club (bbC)

The Johor Bench and Bar Club (BBC) launched by the Honourable Chief Justice of Malaysia Tun Dato’ Seri Arifin bin Zakaria at the Annual Dinner and Dance of the Johore Bar on 22nd February 2014 organized the 2nd Bench v Bar Games 2016. As the purpose of the BBC is to foster better relationship and camaraderie between the Bench and the Bar I hope that in the years ahead, we may extend the activities of the BBC beyond sports to cover social and CPD activities.

the Government’s Proposed Amendments to the lPA

On 26th April 2016, the Attorney-General’s Chambers dropped a bombshell when it announced the government’s proposal to amend the LPA, the effect of which was to weaken and to stifle the independence of the Malaysian Bar. Apart from rendering the Bar impotent, the amendments are detrimental to the rule of law and the administration of justice in the country. The Bar Council took various initiatives to oppose the said amendments, including a meeting with the Honourable Minister in the Prime Minister’s Department to express our concerns and to urge her to reconsider the proposal.

The government planned to table the Bill to amend the LPA in Parliament twice, but on both occasions it was shelved. There has been no indication so far as to when the Bill would be tabled.

johore bar initiatives in respect of the lPA Amendments

The Johore Bar gave its full support to the Bar Council in its endeavours to oppose the LPA amendments and on its part took the following initiatives on the said matter:

(1) Inviting the President and the Hon Secretary of the Malaysian Bar to give a briefing on the LPA Amendments to the members of the Johore Bar Committee during its monthly meeting on 9th June 2016;

(2) Holding the Johore Bar Forum on the Government’s Proposal to Amend the LPA for members of the Johore Bar, conducted by Mr. George Varughese, the Vice President of the Malaysian Bar on 4th August 2016;

(3) Organizing the Johore Bar Public Forum on the Proposed LPA Amendments: Serious Threat to the Independence of the Bar on 29th August 2016 to create public awareness on the subject. The panelists were Mr. Steven Thiru (President of the Malaysian Bar), Datuk Hj Kuthubul Zaman bin Bukhari (Past President of the Bar Council and Past Chairman of the Johore Bar Committee) and Mr. S. Gunasegaran (Chairman of the Johore Bar Committee). Mr. S. Balarajah (Past Chairman of the Johore Bar Committee) was the moderator.


26



(4) Issuing a Press Statement by the Chairman of the Johore Bar Committee on 29th August 2016 rejecting the proposed amendments and calling on the Government to withdraw the same immediately.

Public Forum on the State of Human rights in malaysia

In conjunction with World Human Rights Day, the Johore Bar Committee organized a Public Forum on the State of Human Rights in Malaysia on 8th December 2016 which was well attended by the public and members of the Johore Bar.

The Panel Speakers were:

(1) Mr. Tommy Thomas, Advocate & Solicitor;(2) Mr. Rama Ramanathan from PROHAM;(3) YB Rafizi Ramli, Ahli Parlimen Pandan; and(4) YB Khaled Samad, Ahli Parlimen Shah Alam.The Forum was moderated by Dato’ Yeo Yang Poh.

johore bar High-tea with His majesty the Sultan of johor

Following the Johore Bar Committee’s Audience before His Majesty Sultan Ibrahim Ibni Almarhum Sultan Iskandar, the Sultan of Johor on 10th January 2016 during the Chairmanship of Mr. R. Jayabalan, the Committee with the consent of His Majesty organized a High-Tea on 18th January 2017 to enable members of the Johore Bar to meet His Majesty. This was the first time that the Johore Bar organized such a function and it was a tremendous success with 240 members attending.

bar Council Activities

The State Bar Chairman and the Bar Representative are members of the Bar Council and are required to attend its monthly meetings held in Kuala Lumpur.

Both the Bar Representative and I participated actively in the meetings of the Bar Council and raised or participated in various issues of concern to the profession, in particular the “bread and butter” issues.

I also continued to chair the Bar Council’s Ad Hoc Committee on Conditional Fee Rules, a task that was given to me two years earlier. The Committee had finalised the draft of the Conditional Fee Rules in Personal Injury Claims and submitted the same to the Attorney General’s Chambers for approval.

meeting with yb datuk Seri Azalina Othman, minister in the Prime minister’s department

On 5th October 2016, I accompanied the Office Bearers of the Bar Council to a meeting with YB Datuk Seri Azalina Othman, the Honourable Minister in the Prime Minister’s Department to express the concerns of the Malaysian Bar over the government’s proposal to amend the LPA and to discuss certain other issues of concern to the profession. As the Chairman of the Bar Council’s Ad Hoc Committee on Conditional Rules I was given the task of briefing the Honourable Minister on the rationale for the Conditional Fee Rules in Personal Injury Claims which had been submitted to the Attorney General’s Chambers earlier in the year. The Honourable Minister agreed to consider our representations.


27



General bar news

Among the important developments during the preceding year are the following:

1. The Malaysian Bar became the first recipient of the inaugural Rule of Law Award by the Union Internationale des Advocats (UIA) which the President received on behalf of the Bar during the Opening Ceremony of UIA’s 60th Congress in Budapest on 28th October 2016.

2. After several failed attempts in the past to introduce a Mandatory Continuing Professional Development (CPD) Scheme for all members, the AGM of the Malaysian Bar on 19th March 2016, adopted a resolution to implement a mandatory CPD for all members admitted to the Bar from 1st July 2011 which would take effect for a 24-month cycle from 1st July 2016 to 30th June 2018. This is a modest start that would hopefully pave the way for the adoption of a mandatory CPD Scheme for the entire Malaysian Bar in future.

3. The Ethics and Professional Standards (EPF) Course for pupils-in-chambers will be replaced by an online EPS Course w.e.f January 2017. The Johore Bar will not be affected by this change and will continue to conduct the EPS Course with the face to face format as is being done now.

4. The Bar Council has agreed in principle to participate in the Qualifying Board’s proposal to set up an institution for the purpose of running the Common Bar Course and the Common Bar Examination. The Qualifying Board is drafting a Cabinet Paper with the Bar Council’s input on the matter.

5. Conditional Fee Rules 2012 for Personal Injury Claims have been finalised, adopted by the Bar Council and submitted to the Attorney General’s Chambers for approval on 25th February 2016.

6. Conditional Fee Rules 2012 for Other Practice Areas is still in the process of being finalised. I have recently been invited by the Bar Council to sit in the Ad Hoc Committee on Amendments to the Legal Profession Act 1976 that will, inter alia, make provisions for the adoption of the said Rules in the LPA.

7. The Revised Legal Profession (Group Practice) Rules 2013 were adopted by the Bar Council on 18th March 2016 and forwarded to the Attorney General’s Chambers on 3rd January 2017 for approval.

8. A resolution was passed at the 70th Annual General Meeting of the Malaysian Bar on 19th March 2016 to amend the Solicitors Remuneration Order 2005 to allow Solicitors to give a discount up to 25% on fees specified in the First and Third Schedules, except for any transaction governed by the Housing Development (Control and Licensing) Act 1966 or any subsidiary legislation made under that Act and further to disallow discount on fees specified in the Second, Fourth, Fifth and Sixth Schedules. The Bar Council team led by Datuk Roger Tan, Chairman of the Bar Council’s Conveyancing Practice Committee met the Honourable Chief Judge of Malaya Tan Sri Zulkefli bin Ahmad Makinudin on 20th January 2017, who endorsed the Bar’s proposals on the matter and the date for the coming into force of the amended Order has been fixed on 15th March 2017.

9. Further to the resolutions passed at the 70th Annual General Meeting of the Malaysian Bar on19th March 2016, the Malaysian Bar filed a Suit at the Kuala Lumpur High Court against


28



Attorney-General Tan Sri Mohamed Apandi Ali for judicial review of his decision to exonerate the Honourable Prime Minister of any wrong doing in respect of the transfers of RM2.6 billion and funds from SRC International to the Prime Minister’s personal bank accounts and for directing the anti-corruption body, the MACC, to close all investigations into the alleged scandal (commonly referred to as “the 1MDB Scandal”). Two similar Suits were filed by the former de facto Law Minister Zaid Ibrahim and sacked Umno Batu Kawan division vice-chief Khairuddin Abu Hassan. The Bar’s case is that it had a duty under the LPA 1976 to uphold the cause of justice and that as an active participant in the administration of justice, the Bar had an interest in the matters decided by the Attorney General, that the Attorney General’s decision undermined the rule of law, and that the discretionary prosecutorial powers conferred on the Attorney General by Article 145(3) of the Federal Constitution are not absolute or unfettered but could be challenged in a judicial review action. The Bar filed this Suit as a “public interest litigation” to prevent the AG from acting in excess of his power and to “vindicate the rule of law.” However on 11th November 2016 the High Court refused to grant leave to commence the judicial review proceedings for all 3 Suits on the ground that the AG’s actions, covered by Article 145 of the Federal Constitution, were “not justiciable” and thus cannot be reviewed by a court of law. The Malaysian Bar has since filed an appeal against that decision and the matter is now pending appeal in the Court of Appeal.

10. The Bar Council through Circular No. 203/2016 dated 14th September 2016 informed all members of the Bar about the new position adopted by the Customs Department that disbursements such as filing fee, registration fee, stamp fee and search fees are subject to GST.

11. The application for the Sijil Annual and the Practicing Certificate will go online through the Bar Council online portal and the Federal Court’s e-kehakiman 2 system and will be completely paperless, with the expected rollout in April 2017. The Bar Council had approved a sum of RM 316,100.67 for the integration of the Malaysian Bar Online portal and the Federal Court’s e-kehakiman 2 system for online applications of Sijil Annual and Practising Certificate.

12. The Judiciary planned to introduce an e-bidding process for public auctions conducted by the High Court which would provide for a standard auction process and to ensure that quality is maintained w.e.f. December 2016.

13. The new Companies Act 2016 (except for section 241 and Division 8 of Part III of the Act) would take effect from 31st January 2017.

14. The list of Assigned Counsel in Capital Cases is to be revised and a CRT-based audit system will be put in place to assess the quality of representation on a periodical basis with a view to weed out extreme cases of incompetence. Together with it, there will be a representation to the Judiciary to increase the assigned counsel’s fee and to pay the disbursements incurred in conducting of the cases.

15. The International Malaysia Law Conference (IMLC) 2016 was successfully held from the 21st to 23rd September 2016 at the Royale Chulan Hotel, Kuala Lumpur with the theme “Challenges of as ASEAN Community: Rule of Law, Business and Being People Oriented.”

16. The Bar Council proposes to purchase the Straits Trading Building in Kuala Lumpur to house the Secretariat of the Malaysian Bar as the present building has proven to be inadequate to meet the needs of the Bar.


29



Participation of members in the activities of the johore bar

The poor response and participation of members in the activities of the Johore Bar is still a matter of concern, although I must add that there was some improvement in the past year. CPD activities saw a better attendance and sporting events attracted more young members. There was however, overwhelming support by members for the High Tea with His Majesty the Sultan of Johor. If the same enthusiasm is shown for our other events and activities, it would motivate and encourage the Committee to do more for our members in future.

Acknowledgements

First and foremost, I wish to express my deepest gratitude to the following persons for their help and co-operation in resolving problems and issues faced by our members in court: (a) the Honourable Justice Dato’ Indera Mohd Sofian bin Tan Sri Abdul Razak, the Hakim Utama or

Senior Judge of the Johor Bahru High Court; (b) the Honourable Justice Datuk Wira Halijah binti Abbas, the Hakim Utama of the Muar High

Court; and (c) Puan Sabariah bte Atan, the Pengarah Mahkamah Negeri Johor.

My sincere appreciation also goes to all the Judges and Judicial Commissioners of the Johor Bahru High Court for their support and participation in the activities of the Johore Bar.

I owe a depth of gratitude to the members of the Johore Bar Committee for not only carrying out the tasks entrusted to them diligently, but for giving me their unwavering support, co-operation and guidance in carrying out my duties as Chairman.

Our efforts would have been in vain, if not for the continuous support, help and co-operation of the members of the Johore Bar, for which I am very grateful.

Last but not least, I thank from the bottom of my heart, the staff of the Johore Bar Secretariat, ably led by Pn. Siti Norhafizah binti Mohd Umar and comprising of Ms. Cicelia Mani, En. Shuhaimi bin Mohd Ali @ Adam, Pn. Nurhuda binti Mohd Fadzil (in Johor Bahru) and Pn. Rosita binti Abdul Razak (in Muar) for their sincere dedication and tireless efforts to ensure the success of the activities organized by the Johore Bar during the year.


S. GunASEGArAnCHAirmAn


30



HONORARY SECRETARY’S REpORT

Aimi Syarizad binti datuk Hj. kuthubul zaman

The Johore Bar has a total of 1939 members as at 31st December 2016.

The elected members of the Johore Bar Committee for 2016/17 are as follows:

CHAirmAnS. Gunasegaran

COmmittEE mEmbErSPn. Shahareen Begum binti Abdul SubhanHardip SinghPn. Hjh. Norfaizah binti Hj. ZainuddinMs. K. Meneka a/p E KanasmoorthyMathews GeorgeMs. Santhi a/p BalachandranMs. Punitha a/p MariappanPn. Nik Raihan binti Datuk Nik Ja’afarMs. Gun Huei Shin (resigned on 15/3/2016)Fadhil Ihsan bin Mohamad HassanAndrew Wong Fook Hin (Co-opted)Allen Loh Wei Cher (Co-opted)

Mr. R Jayabalan was elected as Johore Bar’s Representative to the Bar Council for the term 2016/17.

The Johore Bar Committee appointed Pn. Azmelia Nabila Binti Zainal Abidin as the Honorary Secretary. However, she resigned on 30th September 2016.

On 1st October 2016, the Johore Bar Committee appointed Cik Aimi Syarizad binti Datuk Hj. Kuthubul Zaman as the Honorary Secretary.

Mr. Mathews George was appointed as the Treasurer for the term 2016/17.

The Committee held 12 Monthly Meetings (as at 5th January 2017) and the attendance of members is as follows:


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S. Gunasegaran - 12/12Pn. Shahareen Begum binti Abdul Subhan - 7/12Hardip Singh - 7/12Pn. Hjh. Norfaizah binti Hj. Zainuddin - 10/12Ms. K Meneka a/p E Kanasmoorthy - 9/12Mathews George - 10/12Ms. Santhi a/p Balachandran - 7/12Ms. Punitha a/p Mariappan - 11/12Pn. Nik Raihan binti Datuk Nik Ja’afar - 8/12Ms. Gun Huei Shin - 1/2 (as at 15/3/2016)Fadhil Ihsan bin Mohamad Hassan - 4/12Andrew Wong Fook Hin (Co-opted) - 5/12Allen Loh Wei Cher (Co-opted) - 4/9 (w.e.f from 7/4/2016)Pn. Azmelia Nabila Binti Zainal Abidin (Hon. Secretary) - 5/7 (as at 30/9/2016)Cik Aimi Syarizad binti Datuk Hj. Kuthubul Zaman (Hon. Secretary) - 2/4 (w.e.f from 1/10/2016)R Jayabalan (Bar Rep) - 9/12

The Johore Bar Sub-Committee’s Chairperson and Deputies are as follows:

Courts Liaison and Public Relations S Gunasegaran

Conveyancing Andrew Wong Fook Hin

Continuing Professional Development Ms. Santhi a/p BalachandranDeputy Pn. Shahareen Begum binti Abdul Subhan

Human Rights Mathews George

Building, House, Library & Members Welfare Ms. K Meneka a/p E Kanasmoorthy

Legal Aid Ms. Punitha a/p Mariappan

Publications & Information Technology Fadhil Ihsan bin Mohamad Hassan

North Johor Affairs Pn. Shahareen Begum binti Abdul Subhan

Shariah Pn. Hjh. Norfaizah binti Hj. Zainuddin

Young Lawyers and Chambering Pupils Pn. Nik Raihan binti Datuk Nik Ja’afar

Social, Charity & Welfare Allen Loh Wei Cher

Sports Hardip Singh

As at 31st December 2016, a total of 105 pupils have filed their petitions for Admission to the Bar at the Johor Bahru and Muar High Courts.


Aimi Syarizad binti datuk Hj. kuthubul zamanHonorary Secretary


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COURTS LIAISON AND pUBLIC RELATIONSSUB-COMMITTEE REpORT

S. GunasegaranChairman

Overview

Court issues continued to keep the Committee busy throughout the year. There were several complaints or representations by members regarding problems they faced in court, including inappropriate conduct by court officials. The Committee also received complaints and concerns from the Judiciary regarding the conduct of some members of the Bar.

the Committee’s Approach

The Committee proposed to hold four meetings during the year but only met twice as there were not that many serious issues and problems referred to it.

The Committee decided to continue with the practice of holding Forums on Court Matters to obtain feedback from members on the problems they faced in court. In addition, members could forward their complaints and grievances regarding any issues in court, directly to the Johore Bar Committee by letter or email.

For the convenience of members, Complaint Forms were made available at the Johore Bar Secretariat, the Bar Rooms at the Civil Courts in Menara MSC Cyberport, Johor Bahru, the Criminal Courts in Jalan Air Molek, Johor Bahru, the Bar Room at the Muar Court Complex and at the Johore Bar Website.

The issues brought to the attention of the Committee were taken up with Dato’ Indera Mohd Sofian bin Tan Sri Abdul Razak, the Hakim Utama of the Johor Bahru High Court for resolution.

We also decided to engage the Pengarah Mahkamah Negeri Johor, Puan Sabariah binti Atan, in respect of the problems faced by our members in the Subordinate Courts.

deputyMs. J Chandrika (Civil)

Bustaman Menon (Criminal)

SecretaryCik Anis Syarizad binti

Datuk Hj. Kuthubul Zaman

membersDato’ Teo Say Koon

S KandasamyMs. K Meneka

Pn. Nas Idalina NasruddinK. Vijay Kumar

Ms. Shyamala ManoharanLim Chon SinTee Yee Koon


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Appointment of Court Liaison Officers

The following members were appointed as Courts Liaison Officers to receive and handle issues and complaints from members requiring urgent action:

Civil Courts1. Ms. J. Chandrika 2. S. Kandasamy3. Dato’ Teo Say Koon4. Ms. Shyamala Manoharan

Criminal Courts1. Bustaman Menon2. Lim Chon Sin

The Court Liaison Officers were authorized to take up any matter referred to them with the relevant Judicial Officer or Registrar, as the case may be, on an urgent basis for resolution, and if the same could not be resolved immediately or within seven days, depending on the nature of the problem, it would be referred to the Chairman to be pursued with the Hakim Utama of the High Court.

johore bar Forum on Court matters

The Committee planned to hold three Forums during the year to enable members to ventilate their grievances and to provide the Committee with the necessary input for action, but only one was held as the attendance was poor. Despite a circular and personal reminders made in the courts, the Forum on 12th May 2016 attracted only 4 members prompting the Committee to review the value of holding these forums.

issues raised and dealt with

During the year the Committee dealt with, inter alia, the following issues raised by members.

Civil Courts

(a) Cases (especially accident cases) were being transferred from one Sessions Court to another, without prior notice to the Solicitors, usually at the 11th hour, and without getting the counsel’s free dates.

(b) When a counsel has a few cases fixed for hearing in a particular court on the same day, the court of its own volition and without reference to counsel, transfers one or more of his cases to another court on the same day, thereby requiring him to attend more than one court on the same day.

(c) The filing of a Certificate of Urgency, especially in matrimonial and custody disputes, is rendered meaningless with the court failing to treat the matter with any sense of urgency and insisting upon fixing the matter for management, just like any other matter and refusing to hear the matter ex-parte. Further if the Judge in charge of matrimonial matters is for some reason not available on a particular day, the matter is not referred to any other Judge. note: The complaint was taken note of by the Hakim Utama.

(d) Some courts insist upon counsel appearing in open court and to apply for Judgment-in-Default after the filing of the Certificate of Non-Appearance.

(e) Out-of-pocket expenses incurred by the Plaintiff being deleted or slashed by the Registrar when approving the draft judgment or order.


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(f) The imposition of exorbitant charges for the Grounds of Judgment (Alasan Penghakiman). (g) Hourly charges were being imposed for conducting a file search by the Muar courts.(h) Courts were awarding very low costs to the successful litigant. (i) A JBC Feedback Form was received from a Solicitor in Johor Bahru stating that as the Solicitors

for the Petitioner and the Respondent in a Divorce Petition in Johor Bahru could not agree on the Draft Decree Nisi an application was made to the court for an appointment before the Judge to determine the order pursuant to Order 42 Rule 8(4) of the Rules of Court 2012, but instead of fixing the matter before the Judge, the Registrar fixed it for Case Management before himself and despite four reminders the draft Decree Nisi had not been approved.

(j) A letter of complaint was received from a law firm in Johor Bahru about a certain court that insists upon the filing of Witness Statements for all witnesses including subpoenaed witnesses, reprimanding counsel in open court for failing to comply and refusing to proceed with the case for that reason.

(k) A letter of complaint was received from a law firm in Kajang, Selangor, stating that a certified true copy of the Grant of Probate issued by the Johor Bahru High Court was presented for transmission to the Kuala Lumpur Land Office, but was rejected because it was not sealed, and when the Solicitor met the Deputy Registrar of the Johor Bahru High Court, he was told that pursuant to a circular from Putrajaya sealing was no longer required. note: The problem was resolved after the Committee met the court officials and they agreed to seal the document.

(l) A letter was received from a law firm in Johor Bahru complaining about the misuse of the the firm’s and partner’s name in a scam transaction. note: The matter was referred to the Bar Council for consideration and further action.

Criminal Courts

(a) A letter was received from a law firm in Johor Bahru drawing the attention of the Committee to certain alleged improprieties and/or irregularities in remand proceedings under section 117 of the Criminal Procedure Code. note: The matter was conveyed to the Senior Judge of the High Court for his further action.

(b) Undue delay in getting a reply to representations made to the Ketua Bahagian Pendakwaan of the State Legal Advisor’s Chambers.

(c) Deputy Public Prosecutors seeing Magistrates and Sessions Court Judges in Chambers without the presence of counsel.

(d) Lack of transparency in the distribution of cases to Assigned Counsel.

Complaint against a Judicial Officer

The Committee also received a written complaint about a Magistrate who was rude and made unnecessary remarks about counsel in open court.

miscellaneous matters

(a) Acute parking problem at both the civil courts at Menara MSC Cyberport and the criminal Courts at Jalan Air Molek.

(b) Closure of the canteen at Menara MSC Cyberport(c) Poor air-conditioning at Level 23A of Menara MSC Cyberport.(d) Lack of a suitable venue to hold the Reception after the Call to the Bar since the Senior Assistant

Registrar of the High Court had informed us that the Meeting Room at Level 23 of Menara MSC Cyberport would no longer be made available.


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meetings with the Hakim utama of the johor bahru High Court

The Committee held 3 meetings with the YA Dato’ Indera Mohd Sofian bin Tan Sri Abdul Razak, the Hakim Utama of the Johor Bahru High Court to discuss issues and problems faced by our members, particulars whereof are as follows:

1st Meeting : 18th May 20162nd Meeting : 5th December 20163rd Meeting : 12th January 2017

The issues raised were resolved as follows: (1) Cases should not be transferred from one court to another without taking counsel’s

free dates into consideration, as agreed previously between the bar Council and the Honourable Chief justice of malaysia and as stated in the Cjm’s Practice directions no. 1 & 2 of 2011.

(2) There is no necessity to file witness statements for subpoenaed witnesses and the magistrate concerned had been advised accordingly.

(3) the police and the majlis bandaraya johor bahru would be approached to allow our members to park their cars outside both buildings, especially in the morning and to refrain from issuing summons for parking offences.

(4) the courts will consider the Committee’s proposal to install vending machines to serve hot and cold drinks at the bar room (for members only) and the court corridor (for the public).

(5) the courts will consider the Committee’s proposal to allow the Conference room at level 23 of menara mSC Cyberport to be used for the post-call reception with the attendees to be strictly confined to the Judges, the Johore Bar Committee, the newly admitted Advocates and Solicitors, their masters and parents; or alternatively to fix all Calls at the Criminal Court in jalan Ayer molek where there is no problem in using the meeting room.

meeting with the Pengarah mahkamah negeri johor

The Committee also met Puan Sabariah binti Atan, the Pengarah Mahkamah Negeri Johor on 19th October 2016 to discuss complaints and problems brought to our attention, especially in the Subordinate courts. It was a very cordial and fruitful meeting. A number of issues were raised and resolved on the spot, in particular, the following:(1) the practice of requiring the Plaintiff or his Solicitor to appear in open court and to apply

for default judgment will cease immediately, and the procedure set out out by rule 13 of the rules of Court 2012 would be followed and that she would issue a notice to all courts in johor to follow the uniform practice.

(2) the issue of the court records showing that Solicitors “not Appointed” when in fact the parties are represented by Solicitors will be attended to and rectified by the Service Bureau. For all filing made through the Service Bureau, the Solicitors can refer to the Site Administrator to edit the relevant particulars, namely, Puan zahilah binti mohammad yusof for the High Court and Pn Saba’aton binti Hj. daud for the Subordinate courts. And for online filing they may refer to Omesti.

(3) the rejection or reduction of out-of-pocket disbursements (incurred by a party) by the registrar when approving the draft judgment or order may be avoided by submitting the relevant vouchers and/or receipts.


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johore bar dialogue with the north johor judiciary

A Dialogue between the Johore Bar and the North Johor Judiciary was held on 21st April 2016 at the Muar Court Complex to discuss issues and problems faced by members practising in North Johor. The North Johor Judiciary was led by the Hakim Utama of the Muar High Court the Honourable Datuk Wira Halijah binti Abbas and comprised of all the Sessions Court Judges, Magistrates and Registrars (High Court and Subordinate Courts) of North Johor. The Johore Bar was represented by the Chairman of the Johore Bar Committee, the Chairperson of the North Johor Affairs Sub-Committee and some members of the Sub-Committee.

Among the matters raised were the following (the names of the courts are withheld):

Court “A”

(a) delay in the extraction of documents which may sometimes extend up to 3 to 4 months;(b) difficulty in filing documents in court on Thursday afternoons, especially after 2.30p.m.;(c) court not starting on time;(d) accident cases starting late and not going on in the afternoon;(e) dates for hearing of accident cases not given unless Witness Statements are filed; and(f) court staff are not very co-operative.

Court “b”

(a) delay in the extraction of documents;(b) the original receipts for payment in Writs of of Seizure and Sale are not issued but kept in the

court file; (c) Judgment-in-default not given automatically upon filing the Certificate of Non-Appearance; and(d) Poor air-conditioning in two court rooms.

Court “C”

(a) insufficient parking;(b) filing counters closed during lunch hours (closing at 12.30 and not 1.00p.m);(c) filing is supposed to be until 3.30p.m, but the ticket for filing is not issued after 3.15pm, thus there

can be no filing after that;(d) documents filed in the morning not sent to the court file in certain matters like foreclosure, etc.,

and(e) filing fee being charged for Witness Statements.

Concerns of the judiciary

The members of the Judiciary in Johor Bahru and Muar are generally pleased with the performance and attitude of our members in court. There were no serious complaints, but the following concerns were raised:(a) Improper attire when appearing in court by some members of the Bar, especially the females. (b) Failure to observe punctuality in court.(c) Failing to inform the Registrar or interpreter beforehand if they would be late.(d) Failing to tender apology for coming late and/or when making an application to reinstate a matter

that had been struck off for non-attendance.


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(e) PTCM not taken seriously by some members of the Bar and failing to comply with PTCM directions given by the court. The Judges preferred the counsel handling the matter or at least his legal assistant to attend PTCM and not a pupil-in-chambers who has no clue about the matter.

(f) The lack of competency of some of the counsel doing assigned cases in the High Court, manifested in not asking the right questions or worse still asking the wrong questions and failing to put the defence case to the prosecution witnesses.

(g) Some members of the Bar appeared not to be aware of the increase in jurisdiction of the subordinate courts and kept filing cases in the High Court which were within the jurisdiction of the subordinate courts to hear.

(h) Asking the Judges for opinion, view or advice in respect of the matters they were handling before them.

inaugural meeting with the Pengarah Pendakwaan negeri johor

On 17th January 2017 the Johore Bar Committee held a meeting with Tuan Roslan bin Mat Nor, the Pengarah Pendakwaan Negeri Johor (the Director) and his team of 3 Deputy Public Prosecutors to discuss matters of mutual concern to the Bar and the Prosecution. This was the first such meeting and the following issues were discussed:

(a) representations to withdraw or amend chargesThe Director acknowledged that his office often took some time to reply to representations made by counsel in criminal cases, thus resulting in delay in the disposal of cases. He said that his office was taking steps to give a reply as soon as possible. He advised all lawyers making representations to write to his office at Nusajaya and to state the Court and the case number apart from other relevant information about the case in question which would assist his office in giving a prompt reply. The Director also said that an acknowledgment would be given for any letter sent by lawyers. Further, as one of the causes for delay, especially with respect to outstation cases, was the delay in referring the investigation papers (IP) to him, he planned to travel to the districts personally on a regular basis to go through the IPs and give a quick reply.

(b) Hearings to go on without delayThe Honourable Attorney General has given instructions to his office to go on with the cases fixed for hearing and to be strict with adjournments.

(c) documents furnished pursuant to section 51A Criminal Procedure CodeSection 51A of the Criminal Procedure Code requires the prosecution to furnish certain documents to the defence as part of the pre-hearing protocol and that the failure to provide the said documents may result in the case being adjourned by the court. His office proposed to give the documents only once to the counsel and that if the accused changes counsel the succeeding counsel should obtain the documents from the previous counsel and be ready to proceed with the matter.

Proposed dialogue with Criminal lawyers

At the said meeting it was agreed to have a Dialogue Session between members of the Johore Bar, in particular the Criminal Law Practitioners and the Director on 6th February 2017 at 4.00p.m. at the Abdullah A. Rahman Auditorium at the Johore Bar Secretariat to enable both parties to exchange views about the conduct of criminal cases in Johor and to develop a better working relationship between the criminal law practitioners and the deputy public prosecutors.


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Assigned Counsel

The following steps were or would be taken to address the concerns of both our members and the Judiciary regarding the distribution of cases to those on the Assigned Counsel list and to improve their level of competence:(1) The Committee has finally procured the List of Assigned Counsel for Johor containing 39 names,

which would be made public to promote transparency.(2) The distribution of cases would be monitored closely to ensure that it is done fairly and following

a system of rotation. (3) The performance of counsel would also be monitored to ensure that there is some quality control

and to weed out those found wanting. (4) Seminars and/or workshops will be held for all those on the List of Assigned Counsel to enhance

their skills and performance.(5) Increase the number of Assigned Counsel, if need be.(6) Support the Bar Council initiative to increase the remuneration and disbursements payable to

counsel.

Circular on dress Code

Following complaints by Judges both in Johor Bahru and Muar about the inappropriate attire worn by some members, especially the females, in court, the Committee issued Circular No. 45/16 dated 25th October 2016 drawing their attention to the matter and enclosing the Dress Code issued by the Honourable Chief Justice of Malaysia.

Circular on the Award of Costs by the Courts

As a result of rumblings at the Bar that the courts have been awarding very meager amounts as costs to the successful litigants, I raised the issue at the Bar Council. A decision was taken by the Bar Council to make appropriate representations to the Honourable Chief Justice of Malaysia and in order to build a strong case, the Bar Council requested the State Bar to provide more information on it. Pursuant to the Bar Council’s request, the Johore Bar Committee issued Circular No. 28/16 dated 2nd August 2016, asking our members to share their experiences with us together with our assurance that the information provided would be treated confidentially. Sadly there was not a single response to the said circular. The issue was subsequently dropped from the Action Sheet of the Bar Council.

letter to the Cjm Seeking Additional Sessions Court judges and magistrates

In order to alleviate the delay in the disposal of cases in the Sessions and Magistrate’s Courts in Johor Bahru due to a shortage of Sessions Court Judges and Magistrates and to cope with the ever increasing number of cases being filed in these courts, the Johore Bar Committee wrote a letter dated 9th January 2017 to Y.A.A. Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin, the Chief Judge of Malaya urging him to increase the number of Sessions Court Judges and Magistrates for Johor Bahru.

Letter to the President of the Malaysian Bar regarding e-filing system

Arising from a call by a member at the last Annual General Meeting of the Johore Bar to conduct a briefing for our members on the e-filing system in Johor Bahru, the Committee wrote a letter dated 14th October 2016 to the Courts Liaison Committee (CLC) of the Bar Council requesting to organize the said briefing by OMESTI. The CLC replied that OMESTI does not conduct such briefings and that


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if the states still wanted to have it, they would have to pay for it. As we were not very pleased with that, we wrote a letter dated 27th January 2017 to the President of the Malaysian Bar seeking his intervention in the matter.

reminder to members

Members are reminded that at a meeting between the Bar Council and the Judiciary led by the Chief Justice of Malaysia, the Rt. Honourable Tun Dato’ Seri Arifin bin Zakaria and the Chief Judge of Malaya, the Rt. Honourable Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin on 6th January 2014, it was agreed that: (a) When dealing with issues and a matters that frequently arise in court, the CJM’s Practice

Directions No. 1 & 2 of 2011 must be followed; and(b) The time-frames provided by the Rules of Court 2012 for doing things must be followed

and that the courts cannot override the same by imposing their own time frames.

Appreciation

The Committee had put in a lot of effort to deal with the issues that were brought to its attention during the year, most of which were resolved satisfactorily while some are pending and in respect of which efforts to resolve are ongoing. I sincerely hope that members are satisfied with the overall results.

I take this opportunity to express my heartfelt appreciation to all members of the Courts Liaison and Public Relations Sub-committee for sacrificing their invaluable time and energy and for supporting me in discharging my function as the Chairman of this Sub-Committee.

I also wish to acknowledge and record my gratitude to the Judiciary for the support and co-operation given to the Bar during the year. In particular I wish to thank the Honourable Justice Dato’ Indera Mohd Sofian bin Tan Sri Abdul Razak, the Hakim Utama of the Johor Bahru High Court, the Honourable Justice Datuk Wira Halijah binti Abbas, the Hakim Utama of the Muar High Court and Puan Sabariah binti Atan, the Pengarah Mahkamah Negeri Johor for helping us with the problems that were referred to them.


S GunASEGArAnChairmanCourts Liaison and Public RelationsSub-Committee 2016/17


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BUILDING, HOUSE, LIBRARY AND MEMBERS’ WELFARESUB-COMMITTEE REpORT

k meneka a/p E kanasmoorthyChairperson

HOuSE & buildinG

The Johore Bar continued to occupy three (3) floors of the Johore Bar Building and the fourth (4th) floor was rented out to tenant One Suria Mgmt Resources.

As at September 2016, the Johore Bar has repaid to the Bar Council a sum of RM100,000.00 in respect of the renovation loan.

From January until December 2016, sixteen (16) Johore Bar events were held at the Abdullah A. Rahman Auditorium.

librAry

In the year 2016, we have continued our subscriptions with the following online journals and resources:

(a) CLJ online; and (b) PNMB Lawnet.

No new law text books were acquired during the year 2016. However, one of our members, Mr. S Satheesan from Messrs S. Satheesan & Co very kindly donated “Personal Injury Claims by S Santhana Dass to the Library. We have continued with the annual subscriptions for the All Malaysia Reports, Malayan Law Journal, Atkin’s Court Forms Malaysia, MCP Court Practice, Annotated Statutes of Malaysia, Halsbury Laws of Malaysia, and the Mallal’s Digest.

The Johore Bar Committee also received a sum of RM10,000.00 from the Bar Council as its annual allocation to State Bars for expenditures relating to the library.

mEmbErS’ WElFArE

The Sub-Committee had organised Talk on 24th June 2016 by Dr Sivakumar Thurairajasingam on Mental Illness – The Effect of Stress and Stress Management which was well received amongst the

membersPunitha Mariappan

S Satheesan


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members who attended. The Johor Bahru chapter of The Befrienders were on hand to give us their input on the topic and conducted a “depression screening” so members would be able to perceive symptoms of mental illness. The talk was insightful and definitely an eye opener for most of us as it would appear that a cheerful demeanour did not necessarily equate to a happy human being. In light of certain recent events involving members of the Johor Bar, it is rather clear that such talks should be held more often.

APPrECiAtiOn

My sincere appreciation to members of the Sub-Committee and our wonderful Secretariat, in particular our ever efficient Siti who is always armed with a sweet smile. My appreciation to our members who have supported the activities of this Sub-Committee.


k mEnEkA A/P E kAnASmOOrtHyChairpersonBuilding, House, Library And Members’ Welfare Sub-Committee 2016/17


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CONVEYANCING SUB-COMMITTEE REpORT

Andrew WongChairperson

1. Conveyancing issues with land registry johor

1.1 On 05/04/2016, the sub-committee wrote to the Pengarah Tanah dan Galian Johor (PTG Johor) to request for a dialogue and listed out twelve (12) issues which they wished to raise in a dialogue with the land registry.

1.2 Subsequently, two (2) reminders were sent to the PTG Johor, requesting them to fix a date of the dialogue.

1.3 At the time of this report, the sub-committee did not receive any response from PTG Johor.

2. discussion with majlis bandaraya johor bahru on filing of Borang I

2.1 On 08/12/2016, the sub-committee issued a circular advising all members:

(a) that the documents required for the filing of Borang I with MBJB are as follows:

(i) A photocopy of the identity card or passport.

(ii) The current assessment receipt.

(iii) A photocopy of the title, or the instrument of transfer with the “resit urusan” issued by the land registry/land office as evidence that the relevant instrument of transfer had been presented for registration.

(b) that the cheque for the payment of the filing fees shall be issued on the same date as the filing of the Borang I and that each cheque for the payment of the filing fees shall be limited for payment of a maximum of twenty (20) Borang I.

deputyMs. Lee Mei Yeng

membersLim Eng Siang

Tho Kam ChewMs. Manjit Kaur

Ms. Low Huei ShyanStephen Ng

Roger Lo Dato’ Lawrence Chiong

Ms. Evelyn Eng Hui XianPn. Farina Mohamad Yahya

Ms. T. Shamini Ms. Teh Yin ChiewMs. Gan Huey Pin

Pn. Fatin Sara ZulkifliPn. Zaharah Othman


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(c) to ensure that the current assessment receipt is in the name of the vendor or transferor when taking instructions for the transaction; and

(d) if necessary, to provide in the sale and purchase agreement provisions to the effect that it shall be the vendor’s obligation to furnish the purchaser with a photocopy each of the current quit rent receipt and the assessment receipt in the vendor’s name on the date of execution of the sale and purchase agreement or within a reasonable time period thereafter.

3. Briefing by Jabatan Kastam on GST Handholding Programme for Sector III (Real Property, Construction and Professional)

3.1 On 30/08/2016, on the invitation of the sub-committee, Jabatan Kastam conducted a briefing to members on the above subject matter at the Hotel Berjaya Waterfront, Johor Bahru, which was attended by 239 participants.

3.2 During the GST briefing, the Kastam officer conducting the briefing had made it abundantly clear that land search fees, registration fees and court filing fees for which invoices or receipts are issued in the name of legal firms are GST chargeable “reimbursements” and are not “disbursements which are not subject to GST”.

3.3 Although the information on GST chargeable reimbursements had shocked all members present, many stayed back to enjoy the lunch hosted by Jabatan Kastam.

3.4 The issue on GST chargeable reimbursements has been taken up at the Bar Council level with Jabatan Kastam in Putrajaya, and the Bar Council had issued several circulars to members on this subject matter, a summary of which are as follows:

• Members’ attention is drawn to paragraphs 24 and 25 of the revised guidelines on Goods and Services Tax (“GST”) issued by Jabatan Kastam on 22 Dec 2015, entitled “The Guide on Legal Practitioners”;

• Jabatan Kastam has taken the position that certain items — such as court filing fees, registration fees at land offices, land search fees, and fees payable to Commissioners for Oaths — fall within the definition of “reimbursements” and thereby attract the imposition of Goods and Services Tax (“GST”) on such items when Members recover these items from clients.

• Jabatan Kastam is of the view that since the official receipts issued by the relevant authorities are in the names of law firms rather than the names of clients, the items therefore do not qualify as “disbursements” for the purposes of GST, but instead constitute “reimbursements”. According to Jabatan Kastam’s stance, in order for these items to be categorised as “disbursements”, the official receipts issued by the authorities must be made in the names of clients.

• The Bar Council disagreed with the Customs Department’s position, and will actively and continually follow up with the relevant authorities, and will notify Members as and when there are developments.


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• In the interim period, Members are advised to consult and verify with their respective tax advisors regarding the GST treatment under the revised guidelines, in respect of the above-mentioned items.

4. Workshops on Conveyancing Practice

4.1 On the invitation of the Continuing Professional Development Sub-Committee, the sub-committee conducted the following workshops on conveyancing practice:

Date: Venue: No. of participants

30/06/2016 Bar Auditorium 48

11/10/2016 Muar 25

5. information for members

5.1 During the course of the year under report, the sub-committee had issued several circulars informing members of developments in conveyancing practice, including:

• No dealings or search or private caveats relating to strata titles at the Johor Land Registry from 01/12/2016 to 31/12/2016.

• The counters for collection of quit rent in all the Pejabat Tanah Daerah in the State of Johor, shall be closed from 22 December 2016 until 31 December 2016, and Online Payment shall be closed from 18 December 2016.

6. Appreciation

I would like to extend my sincere appreciation to all members of the sub-committee, and all members of the Johore Bar Committee, in particular the Chairman of the Johore Bar, for their untiring support towards the activities of this sub-committee.


AndrEW WOnG ChairpersonConveyancing Sub-Committee 2016/17


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LEGAL AID SUB-COMMITTEE REpORT

Punitha a/p mariappanChairperson

We had four (4) meetings during the year to discuss various issues on YBGK with the Johor State Legal Advisor and the Prosecution Unit at Nusajaya, as follows:

a) 29th March 2016;b) 28th June 2016; c) 20th September 2016; andd) 27th December 2016.

There are about 85 lawyers in the list of volunteers for Legal Aid and 154 lawyers for YBGK in the state of Johor.

The Legal Aid Centre opened 18 files and YBGK about 459 files for the period from 1st January 2016 to 30th December 2016.

The breakdown of Legal Aid Centre Cases as follows:-

a) Qualified - 18b) Not qualified - 10c) Closed file - -

The breakdown of YBGK cases as follows:-

a) Criminal - 459

i) S. 392 PC ii) S. 379 PC iii) S 376 PC iv) S. 381 PC v) S. 411 PC vi) S. 394 PC vii) S. 395 pcviii) S. 420 PC ix) S. 324 PCx) S. 39 A DDAxi) S. 12 DDAxii) S. 6 DDA

deputyMs. Bharathi Krishnan

membersKuna Nadasen

Ms. Vimala a/p ArunasalamMs. Yvonne Young Ai Peng

Ms. Kala Lakshmi a/p Annamalai (Treasurer)Subash a/l Ramasamy

Vijayan a/l Kunjappa


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b) Matrimonial - 18

i) Divorce mattersii) Custodyiii) Maintenance

c) Syariah Matters - -

The statistics are as below:

Month (2016)

No. of persons seen by lawyers at IPD/Agency

No. of persons assisted at Remand Hearing

No. of persons assisted at Charge, Mitigation or Bail stage

No. of criminal files assigned to YBGK lawyers

Fax received from all IPD

JANUARY NIL 1981 258 23 322

FEBRUARY NIL 1539 114 26 370

MARCH NIL 1676 153 40 486

APRIL NIL 1610 244 26 432

MAY NIL 1263 126 64 867

JUNE NIL 1417 133 44 370

JULY NIL 1208 90 31 478

AUGUST NIL 1401 9 21 618

SEPTEMBER NIL 1275 47 39 1138

OCTOBER NIL 1091 68 35 2198

NOVEMBER NIL 1113 17 57 507

DECEMBER NIL 924 18 53 634

tOtAl nil 16498 1277 459 8420


PunitHA A/P mAriAPPAnChairpersonLegal Aid Sub-Committee 2016/17


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CONTINUING pROFESSIONAL DEVELOpMENTSUB-COMMITTEE REpORT

Santhi a/p balachandranChairperson

With effect from 1 July 2016, the mandatory CPD cycle for members admitted to the Bar from 1 July 2011 onwards and pupils who have commenced their pupilage from 1 July 2016 onwards came into effect. However the participation of members in seminars have continued to remain moderate.

The CPD Sub-Committee has successfully organized 16 events related to Professional Development Courses/Seminars for Year 2016/2017:

tAlkS/SEminArS

1. TALK ON INTERPRETATION OF CONTRACTS held at Abdullah A. Rahman Auditorium, Johore Bar Building

Date : 13th May 2016 Speaker : Mr. Chok Chin You No. of participants : 51 persons CPD Code : T3/13052016/JHB/JHB164231/1 2. SEMINAR ON ‘TPPA: PERTINENT PROVISIONS, IMPACTS

AND CHALLENGES’ jointly organised with Shariah Sub-Committee held at Abdullah A. Rahman Auditorium, Johore Bar Building

Date : 19th May 2016 Speaker : Pn. Fakihah Azahari No. of participants : 40 persons CPD Code : T3/19052016/JHB/JHB164244/2

3. WORKSHOP ON BASIC CONVEYANCING PRACTICE AND BRIEFING ON THE CPD SCHEME held at Abdullah A. Rahman Auditorium, Johore Bar Building

Date : 30th June 2016 Speaker : Mr. Andrew Wong No. of participants : 55 CPD Code : T3/30062016/JHB/JHB164296/3

deputyShahareen Begum binti

Abdul Subhan

membersHjh. Norfaizah binti

Hj. ZainudinNik Raihan binti

Datuk Nik Ja’afarNg Kai Choy


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4. SEMINAR ON “INDEFEASIBILITY OF TITLE UNDER THE NATIONAL LAND CODE IN MALAYSIA” held at Abdullah A. Rahman Auditorium, Johore Bar Building

Date : 21st July 2016 Speaker : Mr. Sudharsanan Thillainathan No. of participants : 96 CPD Code : T3/21072016/JHB/JHB161093/2

5. CPD CAMPS 2016 ORGANISED BY THE CPD BAR COUNCIL held at Abdullah A. Rahman Auditorium, Johore Bar Building

Date : 3rd August 2016 Speakers : Mr. Ravi Nekoo and Ms. Pushpa Ratnam Topics : Introduction to Civil Litigation and Basics of Family Law No. of participants : 41 persons CPD point : 4 points for each training camp

6. CPD CAMPS 2016 ORGANISED BY THE CPD BAR COUNCIL held at Muar Traders Hotel, Muar, Johor

Date : 10th August 2016 Speakers : Ms. Karen Cheah Yee Lynn and Hj. Mokhtar bin Abdullah Topics : Basic Conveyancing Practice and Basics Principles of Islamic Family

Law No. of participants : 16 persons CPD point : 4 points for each training camp

7. PROFESSIONAL STANDARDS COURSE (Ethics Lecture Programme) held at Abdullah A. Rahman Auditorium, Johore Bar Building and followed by Dinner with the Johor Bahru High Court Judges at Thistle Hotel, Johor Bahru

Date : 23rd & 24th August 2016 Speaker : Mr. S Balarajah, Pn. Norhayati Mohamed, Ms. Tay Bee Choo, Mr. K Mohan, Mr. R Jayabalan, Mr. S Gunasegaran, Mr. K Mohan (Guest Speaker) No. of participants : 53 persons CPD point : 4 points

8. GST HANDHOLDING PROGRAMME FOR SECTOR III (REAL PROPERTY, CONSTRUCTION AND PROFESSIONAL) organised by Conveyancing Sub-Committee held at Berjaya Waterfront Hotel, Johor Bahru

Date : 30th August 2016 Speaker : Mr. Lau Thye Mun No. of participants : 239 persons CPD Code : T3/17082016/JHB/JHB161114/3

9. SEMINAR ON COMPANIES BILL 2015 VIS-À-VIS MALAYSIAN COMPANIES LAW held at Berjaya Waterfront Hotel, Johor Bahru

Date : 9th September 2016 Speaker : Mr. Wong Tat Chung No. of participants : 146 persons CPD Code : T3/09092016/JHB/JHB161183/2


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10. WORKSHOP ON BASIC CONVEYANCING PRACTICE held at Muar Traders Hotel, Muar, Johor

Date : 11th October 2016 Speaker : Mr. Andrew Wong No. of participants : 28 persons CPD Code : T3/11102016/JHB/JHB161222/3

11. ADVOCACY TRAINING COURSE JOINTLY ORGANISED WITH BAR COUNCIL ADVOCACY TRAINING COMMITTEE held at Johor Bahru Court Complex.

Date : 14th and 15th October 2016 Trainers : Pn. Shahareen Begum, Ms. Wong Keat Chin, Mr. James Khong, Mr. David Mathews, Ms. Janice Selvanathan, Mr. Yudistra Darma Dorai, No. of participants : 18 persons CPD Code : T3/1415102016/PSDATC/JH/161190/12

12. SIJIL ANNUAL AND ONLINE PORTAL WORKSHOP organised by Membership of Bar Council held at Abdullah A. Rahman Auditorium, Johore Bar Building

Date : 8th November 2016 No. of participants : 32 persons CPD Code : T7/08112016/BC/JH161279/1

13. SEMINAR ON BASIC CRIMINAL LITIGATION held at Muar Traders Hotel, Muar, Johor Date : 18th November 2016 Speaker : En. Salim Bashir No. of participants : 26 persons CPD Code : T3/18112016/JHB/JHB161284/2

14. WORKSHOP ON DRAFTING WRITTEN SUBMISSIONS AND CAUSE PAPERS ON CIVIL PROCEDURE held at Abdullah A. Rahman Auditorium, Johore Bar Building

Date : 12th January 2017 Speaker : Mr. Foo Joon Liang No. of participants : 94 persons CPD Code : T3/12012017/JHB/JHB172044/2

15. SEMINAR ON PRACTICAL CONSTRUCTION LAW FOR PRACTITIONERS held at Abdullah A. Rahman Auditorium, Johore Bar Building.

Date : 19th January 2017 Trainers : Mr. T Kuhendran, En. Aniz Ahmad Amirudin, Ms. Chan Kheng Hoe, Mr. Choon Hon Leng, Mr. Darshendev Singh, Mr. Lim Hock Siang, Mr. Nadesh Ganabaskaran, Mr. Wallace Wong Hur Shiaw No. of participants : 86 persons CPD Code : T2/19012017/BC/JH172026/5


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16. PROFESSIONAL STANDARDS COURSE (Ethics Lecture Programme) held at Abdullah A. Rahman Auditorium, Johore Bar Building and followed by Dinner with the Johor Bahru High Court Judges at Grand Paragon Hotel, Johor Bahru

Date : 23rd & 24th January 2017 Speaker : Mr. S Balarajah, Mr. Edwin James, Mr. S Gunasegaran, Ms. Tay Bee Choo, Mr. R Jayabalan, Mr. Kuna Nadasen, Datuk. Hj. Kuthubul Zaman bin SNS Bukhari (Guest Speaker) No. of participants : 41 persons CPD point : 4 points

I would like to give a big shout out to all speakers and members who have come forward to volunteer their time and expertise with the participants of the seminars. No appreciation will also be complete without reference to our Johore Bar Secretariat Staff and our Northern region staff who have done an amazing job and their numerous efforts to get the members to attend the seminars.

I urge members to participate in the events/seminars. To quote, Benjamin Franklin, “An investment in knowledge pays the best interest.”

More particularly, a very special and personal thank you to the Chairman and the committee members, the sub-committee members, and all persons who directly or indirectly assisted me in organizing the training and seminars.

Thank you.


SAntHi A/P bAlACHAndrAnChairpersonContinuing Professional DevelopmentSub-Committee 2016/17


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pUBLICATIONS & INFORMATION TECHNOLOGY SUB-COMMITTEE REpORT

Fadhil ihsan bin mohamad HassanChairperson

This year’s committee endeavoured to continue its mission from last year, which is to maintain and upkeep of the Johore Bar website and continue with the tradition of publishing the INFO Johore Bar newsletter.

I am pleased to report that the committee has had no major issues in respect of the new email and web system implemented last year. Save for the usual hiccups with viruses and spam, access to the site and distribution of emails was at a 98.4% uptime.

However, this year we only managed to publish only one edition of the INFO Bar. I am happy to report that the INFO has had encouraging readership online at info.johorebar.org.my. The page has had 3525 impressions as at the date of this report.

I would like to express my appreciation to the sub-committee members and to Puan Siti Norhafizah for her help in maintaining the JBC website and towards the publication of the INFO Bar.


FAdHil iHSAn bin mOHAmAd HASSAnChairpersonPublications & Information TechnologySub-Committee 2016/17

membersKhairulazwad Sariman

N.G. VinodSalma Sakeena Binti

Mohamad Hassan


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NORTH JOHORE AFFAIRS SUB-COMMITTEE REpORT

Shahareen begum binti Abdul SubhanChairperson

EVEntS & ACtiVitiES

1. 7th march 2016

A forum on court matters was held in the Bar Room, Muar Court Complex. By comparison to the previous forum, it was an improved attendance with members being more vocal about their grievances and issues. The discussion covered issues arising in all the courts in the Northern Johore region.

2. 21st April 2016

Following the forum with members, a dialogue was held with the Muar High Court Judge YA Datuk Wira Halijah binti Abbas, Judicial Commissioner Tuan Muhammad Jamil bin Hussin and Judicial Officers of Muar High Court, the Sessions Court Judges as well as Magistrates of Northern Johore.

Mr. S Gunasegaran and I attended said dialogue, respectively as the Chairman of the Johore Bar and Chairperson of the Northern Johore Affairs Sub-Committee.

It was a fruitful discussion with issues being resolved and assurances from both the Bench & the Bar to look into and resolve matters raised by both.

3. 5th may 2016

The Johore Bar Committee paid its customary courtesy call on the Muar High Court Judge YA Datuk Wira Halijah binti Abbas and the Judicial Commissioner YA Tuan Muhammad Jamil bin Hussin.

The courtesy call was followed by JBC 4th Committee meeting at the Muar Court Complex.

membersCik Firus Said

Ms. Sujata LRamesh Vasan

Visvanathan NairMs. Helen Fong

T.Y LimMandave Singh


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4. 28th july 2016

Following the encouraging response to the last Hari Raya function, one was held this year, this time at Marina Tanjung Emas, Muar, Johor. Regrettably, I was unable to attend. From the feedback I received from members, it was a very enjoyable and pleasant evening. Thankfully, no complaints about the food either.

5. 22nd October 2016

This year the North vs South Games 2016 were held in Johore Bahru.

The games convened were golf, badminton and futsal. The number of games were reduced as Northern Johore faced difficulties putting together teams for those games.

Congratulation to South Johore for taking home the Challenge Trophy this year!

Congratulations to Mr. Hardip Singh and the Sports Sub-Committee for a job well done; it was a difficult task to pull off but they did it!

Future Event

To round up the calendar year, an informal get together has been organised for the 23rd February, 2017. This event will be held at Marina Tanjung Emas, Muar.

members’ response

While in the previous reports I have commented on the poor response from members to events organised by the State Bar, this year I am pleased to say that, the North South Johor Games aside, there has been a greater participation in events. What is even more heartening is the involvement of younger members of the Bar, not only by way of attendance but also in the organising of events.

I look forward to such participation growing from strength to strength.

Acknowledgement

My sincerest appreciation to Justice Datuk Wira Halijah binti Abbas and Puan Mageshwary Muniandy for working with the Bar in maintaining a good rapport between the Bar and the Bench.

As always, my unreserved, unconditional gratitude to the Johore Bar Secretariat staff, to Siti and Rosita, thank you for holding the forts together; you both at the helm of your respective stations made for an easier, smoother management of the State Bar affairs.

To the committee members of 2016/17, it was my honour and pleasure to have served with all of you. Thank you very much for taking the trouble to travel the distance to lend support to events held in Muar.


SHAHArEEn bEGum binti Abdul SubHAnChairpersonNorth Johor AffairsSub-Committee 2016/17


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SpORTS SUB-COMMITTEE REpORT

Hardip SinghChairperson

The Sport Sub-Committee as always had a busy year organizing the sporting events for benefit of members and to strengthen the relationship between North and South Johor Bar members, Courts, and Police.

1. 10th jOHOrE bAr FutSAl tOurnAmEnt On 14th mAy 2016

The most popular JBC futsal tournament was held on 14.05.2016 at Millennium Soccer Taman Anggerik, Johor Bahru. Eight (8) teams took part on the event and the game was won by futsal team from Othman Hashim & Co.

2. intErStAtE bAr GAmES At mAlACCA On 6th AuGuSt 2016

The Sport Sub-Committee participated in the Interstate Bar Games on 06.08.2016 held in Malacca. We took part in 5 events namely Badminton, Basketball, Football, Golf and Mixed Volleyball. The Golfers manage to come out in third place. This year Interstate Bar Games shows the increase of young lawyers joining the sports event.

3. jOHOrE bAr VS PAHAnG bAr FriEndly GAmES At kuAntAn On 17th SEPtEmbEr 2016

This is the first time we managed to organize and participate in Johore Bar vs Pahang Bar Friendly Games furtherance to request made by the Chairman of Pahang Bar. Despite of difficulties in searching for suitable date for it, we managed to finally have it on 17th September 2016 at Kuantan. We took part in 3 events (Badminton, Bowling and Futsal).

deputyMathews George

SecretaryCik Noor Atiqah binti

Mohd Thaib Teoh

members Mohd Rasheed bin Hassan

Ng Nam ChaiJohn Fernandez

S. KandasamyMs. Loh Chooi Fong

Richard TanLiew Hong Yi

Samsuddin bin SudirmanMohd Tarmeze bin Mohd Taib

Khairul Asri bin AhmadHaziq Bin Othman


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4. jOHOrE bAr nOrtH VS SOutH GAmES On 22nd OCtObEr 2016

The Johore Bar North vs South Games this time around was held in Johor Bahru on 22nd October 2016. 3 games were played (Futsal, Badminton and Golf). The overall winner of the Games was the South with a score of 3:0. The closing ceremony of the games was held in Arena Sports Futsal Kempas, Johor Bahru.

5. jOHOrE bAr vs mAHkAmAH GAmES 2016 (bbC) On 11th nOVEmbEr 2016 – 12th nOVEmbEr 2016

The Johore Bar vs Mahkamah Games was held under the banner of the BBC Club. Compared to the previous year, thirteen (13) games were played with the introduction of new games such as tug of war, bowling, and volleyball (male) this year.

This year, the overall winner was Mahkamah Johor with 7 ½ points while Johore Bar scored 5 ½ points. The Challenge Trophy (Dato’ Haji Abdul Halim Bin Aman Trophy) went to the Mahkamah Johor.

6. bEnCH & bAr (bbC) VS POliCE GAmES 2016

Both sides are still in the midst of discussing the suitable date for this game to be held. This time, the game will be organized by the Police.

I wish to thank all members for their effort and support in ensuring the success of the event. Thank you also to the generous sponsors from the Bar.

A special thanks to all the conveners who spent a lot of time and effort to ensure the participation from the younger members of the Bar. Special thanks goes to my Deputy, Mr. Mathews George, my dedicated secretary, Cik Noor Atiqah Binti Mohd Thaib Teoh and En. Khairul Asri bin Ahmad for assisting me in organizing the sporting events.

The Sports Sub-Committee hopes that members of the Johore Bar, especially young lawyers show more interest in sporting events by not only participating but even being part of organizing team in the future.


HArdiP SinGHChairpersonSports Sub-Committee 2016/17


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HUMAN RIGHTS SUB-COMMITTEE REpORT

mathews GeorgeChairperson

1) In conjunction with World Human Rights Day, the Johore Bar Human Rights Sub Committee organized a public forum titled ‘the State of Human rights in malaysia today’. This forum was held on 8.12.2016 at Tropical Inn, Johor Bahru and attended by 161 participants. The speakers at the forum were Mr. Tommy Thomas (Advocate & Solicitor from Messr Thommy Thomas & Partners), Mr. Rama Ramanathan (PROHAM), YB Rafizi Ramli (Member of Parliament - Pandan) and YB Khalid Samad (Member of Parliament - Shah Alam).

2) The Human Rights Sub-Committee also set up a special task force comprising 10 Committee members to act on arrest cases under the multi-media laws and the Sedition Act 1948. The special task force members had volunteered their time to render free legal services in the remand proceedings.

3) The Human Rights Sub-Committee also assisted the Bar Council in holding a watching brief in a death inquest of Mohd Redha Bin Hj Zakaria. The inquest was held on 20.7.2016 and 26.9.2016. On 26.9.2016, the Coroner Court ruled that the cause of death of the deceased was due to ‘Opiate Toxicity’ and there was no foul play in the deceased’s death as no injuries was found on his body. Mr. Mathews George together with Mr. Danny Loo held watching brief for BC at the said inquest.

4) The Sub-Committee is also currently assisting the Bar Council in holding a watching brief for another death inquest proceeding at Johor Bahru Session Court (Coroner Court) together with SUHAKAM representative and HINDRAF counsel. Mr. George John is holding a watching brief for SUHAKAM whereby Mr. Kartig Shan and Mr. Waytna Moorty is acting for the deceased’s family and Ms. Thilagavathy Rama Loo is holding watching brief for the Bar Council. The representatives and counsels had together with DPP Tuan Taufik and the Coroner Court Judge Tuan Kamarudin

deputyMs. Thilagavathy Rama Loo

membersJohn Fernandez

S KandasamyGeorge John

Norman FernandezChew Pong Him

Danny Loo Kheng Soo Mohd Fairuz Bin Mahmood

Ms. SharimilathevyNg Kai Choy


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visited the Kluang prison on 29.8.2016. The inquest is now set for continued hearing on 31/1/2017 & 1/2/2017 @ 9.00am at the Session Court.

5) The Human Rights Sub-Committee is also currently assisting a refugee namely Muhammad Salman bin Shah Alam who is detained under S.19(A) 1 Prevention of Crime Act 1959 (POCA) at Kluang remand centre. Muhammad Salman was arrested somewhere between the 11th -13th of November 2015 for purportedly having a transit house, housing migrant workers i.e probably amounting to smuggling migrants (Registrable categories under POCA). Our Committee members Mr. John Fernandez and Mr. KC Ng is assisting the Bar Council on this matter.

APPrECiAtiOn

My sincere appreciation to my committee members in particular my Deputy Chairperson Ms. Thilagavathy Rama Loo and the Johore Bar Secretariat for assisting me in respect of the above matters.


mAtHEWS GEOrGEChairpersonHuman RightsSub-Committee 2016/17


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SOCIAL, CHARITY & WELFARESUB-COMMITTEE REpORT

Allen loh Wei CherChairperson

It has been a fruitful year for the Social, Charity and Welfare Sub-Committee.

On behalf of the Committee, I would like to thank members who have supported our functions with their attendance and sponsorship. I am happy to report that participation of our events have been encouraging from both the senior and junior members of the Johore Bar.

Forthcoming Events

1. Professional Standards Course (Ethics) Dinner at Grand Paragon Hotel, Johor Bahru (24th January 2017)

2. WELCOMING HIGH TEA IN HONOUR OF JUSTICE TUAN COLLIN LAWRENCE SEQUERAH AND JUSTICE DR CHOO KAH SING, JUDICIAL COMMISSIONERS OF THE JOHOR BAHRU HIGH COURT at Double Tree Hilton, Johor Bahru (7th February 2017)

3. JOHORE BAR ANNUAL DINNER & DANCE 2017 at Mutiara Hotel, Johor Bahru (25th February 2017)


AllEn lOH WEi CHErChairpersonSocial, Charity and WelfareSub-Committee 2016/17

membersMs. K Meneka

Ms. Punitha MariappanPn. Nik Raihan binti

Datuk Nik Ja’afarFadhil Ihsan bin

Mohamad Hassan


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YOUNG LAWYERS AND CHAMBERING pUpILSSUB-COMMITTEE REpORT

nik raihan binti datuk nik ja’afarChairperson

The Young Lawyers and Chambering Pupils Sub Committee had organized a number of activities for the members during 2016 year. As at 31st December 2016, we have 70 new lawyers admitted to the Johore Bar. Overall, the participation by younger members and chambering pupils is quite poor.

Despite that, we had successfully organized the following activities for the year 2016/2017:

1. Orphans national Sport Competition at nusajaya Stadium

On 13.03.2016, the Young Lawyers and Chambering Committee (YLC) had joined Orphan National Sport Competition at Nusajaya Stadium. Members had lent their hands to help in preparing the event with the Rumah Berkat Bukit Chagar, Johor Bahru. The members turns out with approximately 20 young lawyers joining in this event. Members had a great time with orphans in Johor Bahru and had taken this opportunity become cheerleaders.

2. johor bahru ½ day Hike at Gunung Pulai

YLC had successfully organized the hiking activity at Gunung Pulai, Johor on 24.09.2016 whereby 26 members had joined this event. Members started hiking at 8.00 a.m and all members managed to reach the top after 2 hours of hiking despite many challenges throughout. During this event, the members enjoyed a chilling session at the waterfall nearby Gunung Pulai and ended the activities at 3.30 p.m.

3. jamuan raya at Abdullah A. rahman Auditorium, johore bar building

YLC also took the opportunity to have leisure time with the members during the Hari Raya month and on 1.08.2016, we managed to prepare some traditional dishes like satay, lontong, chicken rendang, ketupat, puddings and some traditional cakes. The Sessions Court Judicial Officers also attended the Hi-Tea. We had 48 members in attendance and had enjoyed the dishes.

membersNadiah binti Che Lokman

Nur Shuhadah Binti Mahzan

Noor Hazrinawaty binti Wahidon

Siti Rabiaah @ Siti Adawiah bt Hatmin


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Participation of members is the driving force behind all the events. YLC wishes to record this appreciation to members of the Johore Bar for your support, without them our events would not have been successful. YLC also records its appreciation to the Johore Bar Secretariat staff for their assistance during the year.

Last but not least, we hope that the members will give their comments and new ideas to enable us to organize better events for the benefit of members in the coming years.


nik rAiHAn binti dAtuk nik jA’AFArChairpersonYoung Lawyers and Chambering PupilsSub-Committee 2016/17


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SHARIAH SUB-COMMITTEE REpORT

Hjh. norfaizah binti Hj. zainudinChairperson

I was elected as a committee of the Johore Bar on 19th February 2016. I was given the task to chair the Shariah sub-committee to replace the previous Chairperson, Encik Fadhil Ihsan bin Mohammad Hassan.

Being the chairperson of this sub-committee, my goal is to promote my sub-committee so as to make members of the Johore Bar notice its existence and subsequently get involved in its activities. Based on that, the sub-committee has organized these following activities:

1. 19/4/2016 Courtesy call on Yang Amat Arif Ketua Hakim Jabatan Kehakiman Syariah Negeri Johor;

2. 19/5/2016 Co-organised a seminar with Continuing Professional Development Sub Committee on The Trans-Pacific Partnership Agreement (TPPA): Pertinent Provisions, Impacts and Challenges;

3. 20/1/2017 Visit to the Shariah Committee of Singapore Law Society; and

4. 1/2/2017 Seminar on Islamic Principle of Family Law.

On top of these activities, the sub-committee also has rendered assistance to solve matters relating to faraid certificate under the Bar Council Law Care Unit for the muslim members of the Johore Bar who had passed away.

Since the sub-committee plays quite an important role to satisfy the need of the shariah practicing civil lawyers, the sub-committee should continue its existence so as to benefit the shariah practitioners and the other members as well.


HjH. nOrFAizAH binti Hj. zAinudinChairpersonShariah Sub-Committee 2016/17

deputyPn. Napisah Binti

Narikkodan Mammoo

membersPn. Norhayati Binti

MohamedPn. Nurulhuda Binti Nit

Hafez Bin ZalkapliMohd Nor Bin Zabidin


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JOHORE BARREpRESENTATIVE’S REpORT

r jayabalan

As the Bar Representative I attended the Bar Council monthly meetings and special meetings held at the Bar Council in Kuala Lumpur. I also accepted the Johore Bar Committee’s invitation to attend and participate in its monthly meetings.

Together with the Chairman, I have brought issues and matters of importance to the Johore Bar to the attention of the Bar Council for the necessary resolution and action. I have also kept the Bar Committee informed of the important issues discussed and decisions taken at the Bar Council.

At the Bar Council I served as the Co-chairperson of the Bar Council Law Reform and Special Areas Committee (LRSAC) and as a member of the Bar Council Court Liaison Committee (CLC).

Some of the major issues discussed, decisions taken and developments at the Bar Council are reported herein.

Proposed Amendments to the legal Profession Act 1976

This was the biggest threat faced by the Bar Council in 2016; and the threat has not come to pass yet. The Attorney General’s Chambers (AGC) informed the Bar Council in April of the government’s proposal to amend the Legal Profession Act 1976. The proposal is well documented by now. In short, the proposal amongst others, was to enable the appointment of two members to the Bar Council to represent the government, a complete overhaul of the election process of members of the Bar Council, abolition of postal ballots, stringent and prohibitive quorum requirement for general meetings of the Malaysian Bar and State Bars, direct election of office bearers, divisioning of members based on 10 years of practice and empowering the minister in charge of legal affairs to determine the electoral rules and regulations of the Malaysian Bar.

The proposed amendments were an attack on the independence, internal management and self regulation of the Bar. If approved, the Bar as we knew it would cease to exist.

The Bar Council immediately devised a plan of action to oppose this proposal. Steps were taken to put forward the Bar’s views and opposition to the proposal. Engagement and discussions were held with the AGC and the Law Minister to make clear the Bar’s opposition and the implication of the proposed amendments.


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Steps were also taken to create awareness and garner support for the Bar in the face of the threat. This included nationwide briefings, forums, press statements and engagement with civil society and foreign law associations. All this effort has brought about tremendous amount of support and expression of solidarity for the Malaysian Bar.

Following constructive engagement with the Law Minister and the AGC, the government for the time being, appears to have slowed down its move in order to further study the proposal and its implication. Decision was also taken to engage with the Bar Council in devising a new blueprint for the future of the legal profession in Malaysia and this will involve an overhaul of the LPA by incorporating amendments currently being advocated by the Bar, apart from the proposals from the government and other stakeholders of the profession.

A tentative timeline has been drawn up to finalise this blueprint. Both sides are now working on the proposed blueprint and at the same time negotiating on the initial proposal from the government that had started the whole process.

Whilst this engagement is ongoing, the Bar Council remains on alert and watchful of the possibility of the original proposal being brought to the Parliament for approval without prior notice to the Bar.

Goods and Services Tax (GST)

During the implementation of the GST in 2015, the Customs Department had on 3.1.2015 issued an initial guidelines for legal practitioners known as ‘Guide on Legal Practitioners’ (Guide). This Guide was then replaced by a revised Guide on 22.12.2015.

One serious issue arising from the revised Guide is the imposition of GST on items such as court filing fees, registration fees at land offices, land search fee and fees payable to Commissioner for Oaths.

The Customs Department is of the view that since the official receipts issued by the relevant authorities are in the name of the law firms instead of clients, the items do not qualify as “disbursements” (which do not attract GST) but constitutes “reimbursement” (that attracts GST). In order for these items to be categorized as “disbursements”, the official receipts issued by the authorities had to be in the name of the clients, which at the moment is not possible.

Meetings were held with the Customs Department to urge them to reconsider their position. The latest meeting took place on 9.11.2016. The Bar’s reasoned opinion and comparative study with other countries were submitted for their consideration.

The Bar Council is also seeking a meeting with the Judiciary to consider issuance of receipts in the name of clients in order to avoid GST.

At the moment, the Customs Department is maintaining their position but nevertheless is keeping discussions open. One of the options being considered by the Bar Council, in the event this issue cannot be resolved amicably with them, is to commence legal proceedings to challenge the imposition of GST on these items.

Group Practice rules

The Bar Council has completed the draft rules for implementation of group practice known as the Legal Profession (Group Practice) Rules 2013. This will allow small firms with less than 5 lawyers to practice as a group from one office. The total number of lawyers in such group practice should not exceed 25 lawyers. The group practice may not set up a branch.


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The firms in the group practice will be able to share their back-room resources and reduce their operating costs whilst implementing procedures to maintain client confidentiality. The group is also allowed to operate under a common name but would not have a legal entity of its own. The firms within the group will still retain their separate firm name and respective retainer with their clients. The rules are now ready and subject to approval from the Attorney General’s Chambers.

Legal Professional Privilege and the Income Tax Act 1967

There have been reports recently of the Inland Revenue Board (IRB) asking law firms to disclose specific details pertaining to the client’s account with the threat that failure to comply could amount to an offence.

This gave rise to the issue of whether lawyers can be compelled to disclose such details in view of the legal professional privilege or solicitor–client privilege. There appears to be a conflict. The IRB is relying on s 142 (5)(b) of the Income Tax Act 1967 which appears to have pierced the legal professional privilege.

The Bar Council has discussed and taken opinion on this. S 142 (5)(b) of the Act which appears to have been intended to overcome the privilege.

For the time being, lawyers are obliged to comply with the IRB’s request. In the meanwhile however, the Bar Council is already engaging with the IRB on this issue with the view that legal professional privilege is fundamental, ought to be taken cognizance of and cannot be overridden through statutory means.

In the event that the IRB persists with their position, the Bar Council is prepared to commence legal proceedings to challenge the validity of s 142 (5)(b) of the Act in the face of legal professional privilege.

E-kehakiman (E-Courts) Phase 2

The Judiciary is now extending the e-Courts system to all states and to cover all matters – civil and criminal. Currently in Johor, the e-Court system covers only civil matters (with some exceptions). However, with the launch of the Phase 2 in April 2017, all civil and criminal cases in Johor will be handled solely by way of e-filing; including public auctions (e-Lelong).

This extension of e-Courts will entail in members who have already subscribed to e-filing to migrate to a new, improved and more user–friendly e-filing portal. Discussions are being held between the Bar Council and the Courts to point out the difficulties and weaknesses in the proposed extension and to make the system easier, accessible and cheaper for lawyers.

The Bar Council will also carry out nationwide briefing for lawyers and this will be done jointly with the Courts and the system provider. Lawyers are urged to be ready for this new development.

Sijil Annual and Practising Certificate via E-Kehakiman (E-Courts)

As stated above, the Judiciary will be moving into Phase 2 of e-Courts by end of this year whereby all filings and submissions will be processed electronically without physical submissions at the counter. This will also include the application for and issuance of our Practising Certificate.


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At the moment, the Bar Council handles the application for both Sijil Annual and Practising Certificate. The Sijil Annual is prepared by the Bar Council internally. As for the Practising Certificate, once the applications for Practising Certificate are received from members and processed they are sent to the Court for signing. The Court signs and sends them back to Bar Council and the Bar Council makes it available for collection by members. As far as members are concerned the Bar Council secretariat is the one stop center to obtain Sijil Annual and Practising Certificate.

This was due for change with the extension of e-Courts. Members would have to apply directly to the Courts for their Practising Certificate through e-filing upon receipt of the Sijil Annual from the Bar Council. This will become a two-tier system.

The Bar Council took the view that this new system will be onerous on the members as the application for Sijil Annual and Practising Certificate will become more complicated. Not all members may be competent or have resources to make the application electronically by themselves. The courts however are not prepared to make an exception for this under the e-Courts.

In view of this the Bar Council has decided to develop an online portal that interfaces with the e-Courts portal and allows for application and retrieval of Sijil Annual and Practising Certificate to be done through the Bar Council’s online portal in a single tier system.

This means that application for Sijil Annual and Practising Certificate will now be paperless and all payments made online. The system is targeted for launch in April 2017. Assistance will be made available at the Bar Council and State Bar offices for members who have difficulties in making the application from their respective office.

national legal Aid Foundation (ybGk)

The YBGK scheme ran into problem this year. Claims were not paid expediently to members and many claims were also rejected. All states were affected by this. This has left many members upset and disappointed with the scheme. The Bar Council only facilitates the running of the scheme and not the approval of claims or payment.

The Bar Council took serious view of the problem and took steps to rectify the same. Representations were made questioning the delay in payment and the manner of approval of claims. The efficiency and diligence of the officers in charge of the payment was also brought into focus. The assistance of the Attorney General’s Chambers was also sought to resolve the problem. The Bar Council also rendered assistance including seconding members of staff to the YBGK to assist and expedite approval of claims.

As a result of these actions, payments have been expedited now although not all pending claims have been paid.

Unfortunately, it was also discovered that there were many questionable or false claims submitted by members. There were also members who were charged by MACC for submitting false claims and YBGK offices in several State Bars were also subjected to inspection by the MACC. In view of this the Bar Council has taken steps to train members on submission of proper and accurate claims.


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The breakdown of outstanding claims nationwide as of 3.1.2017 are as follows:

No. State Claim Submitted Payments by YBGK Outstanding

1. Johor RM389,492.32 RM131,284.45 RM258,207.87

2. Kedah RM755,536.25 RM453,155.45 RM302,380.80

3. Kelantan RM468,616.96 RM339,879.14 RM128,737.82

4. Kuala Lumpur RM348,359.78 RM219,407.09 RM128,952.69

5. Melaka RM119,246.10 RM91,705.55 RM27,540.55

6. N. Sembilan RM263,013.35 RM136,750.40 RM126,262.95

7. Pahang RM359,136.10 RM230,264.01 RM128,872.09

8. Penang RM794,158.59 RM298,444.38 RM495,714.21

9. Perak RM856,675.84 RM471,884.04 RM384,791.80

10. Perlis RM98,216.69 RM84,416.10 RM13,800.59

11. Selangor RM1,065,102.83 RM474,812.18 RM590,290.65

12. Terengganu RM186,833.70 RM171,383.45 RM15,450.25

13. Sabah RM150,460.48 RM78,818.90 RM71,641.58

14. Sarawak RM13,285.60 RM9,192.10 RM4,093.50

Total RM5,868,134.59 RM3,191,397.24 RM2,676,737.35

judicial review Application Against the Attorney General

Following the resolution adopted at the 2016 AGM, the Malaysian Bar filed an application for judicial review against the Attorney General’s decision in January 2016 not to commence prosecution and to close the three investigation papers submitted by the MACC in respect of the 1MDB issue.

Leave from the High Court is required to commence the judicial review. The Attorney General’s Chambers had opposed the leave application on the grounds of non-justifiability of the Attorney General’s discretionary prosecutorial powers under Article 145(3) of the Federal Constitution.

The High Court allowed the objections and had dismissed the leave application on 11.11.2016. The Malaysian Bar has filed an appeal against the High Court decision. The appeal is still pending.

Continuing Professional development (CPd) update

The mandatory CPD scheme was resolved to be implemented on a staggered basis at the 2016 AGM of the Malaysian Bar after much debate. The scheme took effect from 1.7.2016 with a 24 month CPD cycle confined to the initial starting group of 0-5 years of practice (admitted to the Bar from 1.7.2011 onwards) and pupils in chambers who commenced their pupillage from 1.7.2016.


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The approved scheme has a provision for extension to other members on a staggered basis according to years of practice. The next extension would be for members in the 5-10 years of practice category. There will not be any fresh motion by the Bar Council to extend the mandatory scheme at the coming AGM as the starting 0-5 years cycle is to run for 2 years before the next extension. This scheme will be revisited in the 2018 AGM and a motion for extension will likely be tabled in the 2018 AGM.

Solicitors’ remuneration (Amendment) Order 2016 and Solicitors’ remuneration (Enforcement) rules 2016

Both the Solicitors’ Remuneration (Amendment) Order 2016 (SRAO 2016) and Solicitors’ Remuneration (Enforcement) Rules 2016 (SRER 2016) came into effect on 22.12.2016.

The SRAO 2016 contains amendments to the Solicitors’ Remuneration Order 2005. The amendments were made to adjust the scale fees upwards for several chargeable items in respect of professional fees for the preparation of non-contentious documents. These were amendments that were approved by the Bar Council in November 2012.

At the 2016 AGM, a resolution was adopted which pertains to amendments to Order 6, the First Schedule and the Third Schedule. These amendments had been approved by the Bar Council and now in the process of approval by the Solicitors Cost Committee chaired by the Chief Judge of Malaya. The Bar Council expects the approval and gazetting to be completed by this year.

The SRER 2016 is to facilitate the enforcement, by the Bar Council, of compliance with the Solicitors’ Remuneration Order 2005. The SRER 2016 was made under s 77 of the Legal Profession Act 1976.

The SRER 2016 came about after the earlier Solicitors’ Remuneration (Enforcement) Rules 2004 made under s 57(a) of the Act was declared null and void by the High Court and the decision was upheld by the Court of Appeal in 2012. The decision was on the grounds that s 57 of the Act on the powers of the Bar Council does not include the power to make enforcement rules.

meeting between the bar Council and the judiciary on Court matters

The Bar Council held a meeting with the Chief Justice, Chief Judge and President of the Court of Appeal on 19.8.2016 to discuss some of the court issues.

Amongst the issues that were raised were status of part heard cases when the judge is transferred, imposition of allocator fee, one prayer per notice of application circular in bankruptcy matters, e-Lelong, e-Purse, e-filing system and CRT, unclaimed deposits and conduct of judicial officers.

The decisions taken amongst others were that the new judge will continue with part heard cases unless there is approval from the Chief Judge for the previous judge to continue with the case; allocator fee is allowed under the Rules of Court 2012 and hence will be implemented despite there being no formal taxation process; the one prayer per notice of application circular will be reconsidered, e-Lelong and e-Purse will be implemented on staggered basis and the issues raised by the Bar will be addressed; new procedures to be implemented to enable faster return of deposits and recovery of unclaimed deposits; and the judiciary will speak to the officers whose conduct was called into question.


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Watching briefs

The Bar Council has held watching briefs in about 138 proceedings in 2016. These are usually in matters that potentially affects members, members’ interest, public interest, the legal profession, rule of law and matters that affects freedom and liberty under the Federal Constitution. The proceedings amongst others were civil trials and appeals, criminal trials and appeals and inquests.

Conditional Fee in Personal injury Claims

The Bar Council has completed and approved the Legal Profession (Conditional Fee) Rules 2014 after various revisions and amendments following discussions with the stakeholders such as the insurers, consumer groups, Bank Negara and the Attorney General’s Chambers.

The Rules would apply only to personal injury and death claims arising from road and industrial accidents. It is not a mandatory scheme but as a matter of choice available to clients. The scheme would enable an initial minimum retainer fee to be paid by the client and in the event of success a further agreed percentage, not exceeding 20%, of the damages as fees. The solicitor would also be entitled to party and party costs of 10% of the damages and actual disbursements. The Rules have been submitted to the Attorney General’s Chambers for final approval.

The Bar Council is also currently in the process of formulating similar rules that allows conditional fees in non-personal injury claims and general civil matters. This exercise is however still at the initial phase and the rules have not been finalized as yet.

rule of law Award to the malaysian bar

The Malaysian Bar has been selected as the first recipient of the advancement of the rule of law within the legal community award by the Union International des Advocats (International Association of Lawyers) (UIA).

The UIA was founded in 1927. It is the oldest worldwide legal association and brings together around two million lawyers from more than 110 countries. The main aims of the UIA are to promote the fundamental principles of the legal profession; to contribute to the establishment of an international legal order based on principles of justice between nations, through law and in the cause of peace; and, to defend lawyers and their clients.

The Rule of Law Award was created to honour individuals and organizations who actively contribute to the advancement of rule of law within the legal community.

The Award was presented to the Malaysian Bar for its strong commitment to the defence and promotion of the rule of law as well as its vigilance in demanding and supporting law and justice reform in Malaysia. The Award was received by the President of the Malaysian Bar during the UIA Congress in Budapest on 28.10.2016.

the malaysian bar lifetime Achievement Award 2017

This award was established to honour a member of the Malaysian Bar who has demonstrated dedication, exemplary service and made outstanding contributions to the Bar. Nominations were sought from the members and the nominees may be living or deceased members of the Malaysian Bar. Previous recipients of the award were Raja Aziz Addruse, Peter Mooney, Mahadev Shanker, Dr R Ramani and


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Karpal Singh. For the year 2017, the recipient selected was Tan Sri Dato’ V. C George and the award will be presented at the Annual Dinner and Dance of the Malaysian Bar in March 2017.

Reminder :

The 71st AGM of the Malaysian Bar will take place on Saturday, 18th March 2017 at 10.00 a.m. at Renaissance Hotel, Kuala Lumpur.

The Annual Dinner and Dance of the Malaysian Bar will be on Saturday, 18th March 2017 at 7.00 p.m. at The Majestic Hotel, Kuala Lumpur.


r jAyAbAlAnJohore Bar Representative 2016/17


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JOHORE BAR COMMITTEE

STATEMENT OF ACCOUNTS FOR THE YEAR 2016

31ST DECEMBER 2016

K. E. CHEN & ASSOCIATESCHARTERED ACCOUNTANTS

MALAYSIA


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jOHOrE bAr COmmittEE

ACCOuntS AS At 31St dECEmbEr 2016

COntEntS

Pages

STATEMENT BY THE CHAIRMAN AND TREASURER 78

STATUTORY DECLARATION 78

INDEPENDENT AUDITORS’ REPORT 79

BALANCE SHEET 80 - 81

INCOME AND EXPENDITURE ACCOUNTS

• JOHORE BAR COMMITTEE 82 - 83

• SOCIAL, CHARITY & WELFARE SUB-COMMITTEE 84

• NORTH JOHORE AFFAIRS SUB-COMMITTEE 85

• SPORTS SUB-COMMITTEE 86

• CONTINUING PROFESSIONAL DEVELOPMENT

SUB-COMMITTEE 87

• YOUNG LAWYERS & CHAMBERING PUPILS SUB-COMMITTEE 88

NOTES TO ACCOUNTS 89 - 97


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StAtEmEnt by tHE intErnAl AuditOrS

We, Shyamala Manoharan a/p K Manoharan and Sharimilathevy a/p Santhirasekaranathan being the Internal Auditors of the Johore Bar Committee, do hereby certify that the accompanying Balance Sheet together with the notes attached thereto are properly drawn up so as to give a true and fair view of the financial position of the Johore Bar Committee as at 31st December 2016.


....................................................................Shyamala manoharan a/p k manoharan

....................................................................Sharimilathevy a/p Santhirasekaranathan


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Documents

CoverJB Anual Report17-1.indd 1 2/8/17 3:44 PMjohorebar.org.my/wp-content/uploads/2015/03/JBC-2017-ANNUAL-REPORT_bw.pdf · 3.3 Mr. Norman Fernandez referred to page 21 of the Chairman’s