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Page 1: th FEBRUARY 2008 3.00pm KELAB GOLF SULTAN ABDUL AZIZ … · 11/23/2018  · 2 NOTICE OF THE 17TH ANNUAL GENERAL MEETING OF THE SELANGOR BAR The 17th Annual General Meeting of the

27th FEBRUARY 2008

3.00pm

KELAB GOLF SULTAN ABDUL AZIZ SHAH, SHAH ALAM, SELANGOR

PDF processed with CutePDF evaluation edition www.CutePDF.com

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The Selangor Bar Committee 2007-2008

Sitting (Left to Right): Pn. Suzanawati Ismail, Ms. Kunamony Kandiah, Mr. AG Kalidas (Hon. Secretary), Mr. RV Lingam (Chairman), Mr. George Varughese (Bar Representative), Mr. Rajpal Singh, Ms. Sumathi Murugiah

Standing (Left to Right): Ms. Ann Maria(Executive Secretary), Mr. Logendran, Mr. Alvin Neo,

Mr. Murali Velautham, Mr. Suraj Singh, Mr. Ng Chung Yee

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C ontents Page

Notice of Meeting and Agenda ...................................................................... 2

Minutes of the 15th Annual General Meeting ............................................... 3 - 19

Reports

Chairman's Report ......................................................................................... 20 - 24

Annual Report 2007 - 2008 ........................................................................... 25 - 27

Cham bering Pupils & Young Lawyers Affairs ............................................. 28 - 30

Continuing Legal Education & Syar iah ........................................................ 31 - 33

Conveyancing Practice, SROE, Corporate & Bank ing Law ......................... 34 - 35

Court Liaison & Publication .......................................................................... 36 - 39

Human Rights & Criminal Law .................................................................... 40 - 44

Information Technology ................................................................................ 45

Legal Aid Centre Selangor (LACS) .............................................................. 46 - 57

LACS Audited Accounts For The Year 2007 ............................................... 58 - 68

Secretariat, Finance, Library & Building ...................................................... 69 - 75

Social, Char ity & Welfare ............................................................................. 76 - 77

Sports ............................................................................................................ 78 - 79

Selangor Bar Representative ........................................................................ 80 - 82

Calender Of Events ........................................................................................ 83 - 85

SBC Audited Accounts For The Year 2007 .................................................. 86 - 97

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NOTICE OF THE 17TH ANNUAL GENERAL MEETING OF THE SELANGOR BAR The 17th Annual General Meeting of the Selangor Bar will be held on Wednesday, 25th February, 2009, 3.00 pm at the Kelab Golf Sultan Abdul Aziz Shah, Shah Alam, Selangor Darul Ehsan.

AGENDA: 1. To consider, and i f approved, to adopt the Minutes of the 15th Annual General M eet ing held on

Tuesday, 27th February, 2007; 2. To discuss matters arising therefrom;

3. To consider the Reports on the activities of the Selangor Bar for the year 2007/2008;

4. To consider, and if approved, to adopt the Audited Accounts of the Selangor Bar for the year ending 31st December, 2007;

5. To fix the Annual Subscription for the year 2008; 6. To elect one (1) member as Chai rman of the Selangor Bar Committee for the year 2008/2009; 7. To elect ten (10) members as members of the Selangor Bar Commit tee for the year 2008/2009; 8. To elect one (1) member to represent Selangor Bar on the Bar Council for the year 2008/2009; 9. General.

The quorum for the Annual General Meeting shall be 168 members which represent five percent of the total

number of members of the Selangor Bar (3,341) as at the date of this notice. In the event the required quorum is not present within one hour from the time appointed for holding the

meeting, the Annual General Meeting shall be adjourned to the following day at the same time and place i. e. to 28th February 2008, 3.00 p. m. at the Kelab Golf Sultan Abdul Aziz Shah, Shah Alam, Selangor.

In the event the required quorum is not present within one hour from the time appointed for holding the adjourned meeting, the members present shall constitute the quorum.

Dated: 14th January, 2008 A.G. Kalidas Honorary Secretary Selangor Bar Committee NOTE:

1. Members are kindly requested to make every effort to attend the meeting punctually to ensure quorum for the Meeting. 2. Registration Counters will be opened from 1.00 p.m. onwards and light refreshments will be served. 3. Only members of the Selangor Bar shall be entitled to attend and vote at the Meeting. Pupils may attend as observes but shall not vote and shall be seated only at the area(s) designated for pupils. 4. At the Meeting every member present shall have one vote and where there is an equality of votes, the presiding member shall have a casting vote. 5. All members shall, upon registering thei r names, wear their Tags for the purpose of identi fication and admission. 6. If any member desires to propose any motion to be considered at the Annual General Meeting, the member shall serve to the Secretary of the Selangor Bar Committee a notice of such motion in writing on or before 20th February 2008.

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CHAIRM AN’S REPORT

A. Introduction

It is a great Honour for me as the Chairman of the Selangor Bar Committee (SBC) to report to all our Selangor members of the activities of the Selangor Bar for the term 2007-2008. The SBC through its var ious Sub-Committees have organised and carried out several

appropriate activities for the benefit of our members and the detailed reports are found in the respective Annual Report of the Sub-Committee. As the Chairman it is also my humble duty to high light the main activities and also

important developments of the Selangor Bar as our primary objective is to upgrade the standard of the Legal Profession as well as to protect the interest and welfare of our members.

B. The Secretariat

From the time of moving into our own building i.e 1st April 2006 the secretariat staff occupy

the Ground Floor and the First Floor comprises of the Selangor Legal Aid Centre and the Library. The Auditorium and the Conference Room are stationed at the Second Floor of our building.

The maintenance of the building is now being managed by the Selangor Bar and there were

some minor defects and repairs were carried out by the SBC at a reasonable cost as this would be a continuing process.

The Secretariat is currently managed without an Executive Secretary since 17

th August 2007

and we have f ive (5) staff who have performed well without an Executive Secretary for the term 2007-2008. The diversified needs of our members have been taken care of with minimal complaints.

C. Committee Activities The Primary Objective of the SBC is basically to protect the interests and welfare of our

members and at the same time to improve and upgrade the standard of our lawyers

practicing in Selangor. To achieve that, the Selangor Bar this year has substantially succeeded in achiev ing its

objectives by having courtesy calls and meetings as follows:-

(1) Meetings with the Chief Justice (CJ) Y.A.A T un Dato’ Sri Ahmad Fairuz bin Dato’

Sheikh Abdul Halim and the Ch ief Judge of Malaya (CJM) Y.A.A Dato’ Alauddin bin Dato’ Mohd Sheriff.

(2) Meeting with the High court Judges of Shah Alam Selangor and Kuala Lumpur.

R V Lingam

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(3) Meeting with the Attorney General Tan Sri Ghan i Patel.

(4) Meeting with the Selangor St ate Legal Advisor Dato Zauyah Bte Lothkan and the Head

of Prosecution Encik Nik Suhaimi.

(5) Meeting with Datin Zabariah Head of the Subodinate Courts Selangor, the Sessions Judges, Magistrate and Registrars of Selangor Courts.

(6) Meeting with the Chief Police Off icer (CPO) Selangor and the Heads of the District Police Stations.

(7) Meeting with the Land Off ices, Stamping Office Selangor.

- During the courtesy calls with the CJ and CJM the SBC addressed several important

issues faced by the Selangor Bar members, in particular the moving of the two Shah Alam Civil Sessions Courts No: 2 and 4 to Denmark House Kuala Lumpur which

caused so much inconvenience to our members and the public and what are the steps taken to remedy the situation.

- Other issues raised are as fo llows:-

(i) Pertaining to shortage of car parks at the Shah Alam Courts and Duta Complex were also raised.

(ii) Backlog of cases and long dates given for urgent matters where Certificates Of Urgency have been filed.

(iii) Shortage of High Court Judges in Selangor and the delay in replacement of the Magistrate in Klang court.

(iv) To Standardise Case Management in all courts.

(8) Sports

An important event as regards sports for this term was the Selangor Law Games and Family Day held at the UITM Sports Complex on 4

th August 2007 which was jointly

organised project by the Selangor Courts, Selangor Police, Selangor Bar Committee and Universiti Teknologi Mara (UITM) which hosted this event. It was a very successful event and all parties have agreed to organise such an event at least once in

three years. (9) Selangor Legal Aid C entre Apart from the various activities carr ied out by the Selangor Legal Aid Centre to

improve the Legal Aid System and to benefit the poor and needy litigants, this year we have opened another Legal Aid Centre in Kuala Selangor which has started its operation with effect from 10th December 2007 to cater for the rural residents in the outskirts of Selangor.

(10)Chambering Pupils/ Young Lawyers The Bar Council has now revamped the Ethics Programme for the Chamber ing pupils

and the Selangor Bar Committee have br iefed all P upils of the new programme during the introductory session to prepare themselves.

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The Cham bering Pup ils and Young Lawyers Sub-Committee organised a trip to the

Kuching Courts in Sarawak from 23rd

to 25th

November 2007.

It was a fruitful visit and we wish to thank the Chief Justice of Sabah & Sarawak Y.A.A Tan Sri Dato Richard Malanjum , Y.A. Tuan Hamid Sultan Bin Abu Backer Judicial Commissioner, the Sessions Judges, Magistrates, Registrars and also not forgetting the Chairman and members of the Kuching and Sarawak Advocates Association for their hospitality.

The Selangor members had the benefit of viewing live-video conferencing and

computerisation of the Kuching Courts and there were exchange of views regarding several issues bet ween members of our Selangor Bar and the Kuching and Sarawak Bar

members.

(11)Other Activities o f SBC The SBC also organised a Forum on “No Fault Liability Scheme” on 21st November

2007 where our Selangor Bar members actively participated in the Forum and presented their views to the Task Force appointed by the Bar Council.

The SBC also organised the “Bar Council Walkabout” on 7th September 2007 at the

Selangor Bar Auditorium wherein the Bar Council members had the opportunity to hear the problems and issues faced by our Selangor Bar members.

In not forgetting our social events organ ised by the Social & Welfare Sub-Committee

the usual Malam Suai Mesra named as “Retro Night” was held at Shah Village Hotel, Petaling Jaya on 25

th May 2007 and the Annual Dinner and Dance was held at the

Concorde Hotel Shah Alam on 2nd

November 2007 with reasonably good participation from our members.

(12)Conference/Convention Apart from the Continuing Legal Education (CLE) and Conveyancing Practice, SROE,

Corporate & Banking Law Committees organ ising several talks on important and practical issues the SBC sponsored 20 members to attend the 14th Malaysian Law

Conference organ ised by the Bar Council held at the Kuala Lumpur Convention Centre (KLCC) for three days from 29

th to 31

st October 2007.

As a mark of encouragement to our young lawyers the SBC also sponsored 10 of them

to attend the Third Young Lawyers Convention 2008 from 18th to 20th January 2008 at

City Bayview, Penang. The SBC have sacrificed time , money and effort to improve and also to assist our

young lawyers to become committed to the Legal Profession as it is incum bent upon the

SBC to look into the interest and welfare of the young lawyers who consist of the majority of our membership in Selangor.

(13)Ad-Rem

For this year we have only one (1) issue of the Ad Rem published at the time of this Report and the Second issue is in the process of publication.

The reason is due to lack of articles and materials provided by members to the Editor

and the other reason is that the Editor Mr.Biliwi Singh has been working alone as

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regards the Ad Rem and I personally wish to express my gratitude to Mr.Biliwi Singh for all his hard work.

(14)Finance

This term the SBC has been very prudent in the management of funds and have taken remedial measures to cut costs e.g. reducing photostating, facsimile and telephone charges and using E-mail to Communicate with members and currently the SBC is quite stable in its financial standing.

However due to escalating cost in the administration and management of the Secretariat due to increase in membership problems and also activities to cater for our members, the SBC may encounter financial restraints in future and this can only be solved by getting income from other sources e.g. organising seminars, seeking advertisements for our Ad

Rem and by organ ising other form of income der iving projects.

(15)Library The Library is quite well equipped with the purchase of new practitioners books and

Law Journals and CLJ on line and therefore there is an increase in the usage of our library activities compared to previous years as the library is also opened on Saturdays from 9.00 a.m to 1.00 p.m.

(16)Future Challenges of Selangor Bar Committee

The main challenges of the Selangor Bar Committee are as follows:-

(i) to ensure that the Secretariat is well equipped with dedicated and experienced staff to cater for the needs of our increasing membership;

(ii) our facilities at the Secretariat and Library are further improved;

(iii) to increase the level of participation of our members;

(iv) and to ensure that the Incoming Committee would endeavour to have a better

administration of Justice System, a better and eff icient government authorities e.g. Land Off ice, Stamp Office and other related departments to enable our

members to have a better practice in the years to come. This year the Selangor Bar Committee has already started to look into all those issues and hope to achieve greater eff iciency in future.

(17)Acknowledgement and Conclusion

As the current Chairman, and after serving as the Bar Representative for the term 2006-2007 and also as a Committee member for several years, I wish to express my personal view that in order to have a good Bar Committee to achieve efficiency in all aspects we need committee members who are dedicated, honest, industrious and committed to carry

out this honorary position, otherwise the SBC would be hindered in carry ing out its objectives to the satisfaction of our members. I therefore humbly urge all our members to be cautious and prudent in exercising your

right to elect suitable persons to become Committee members for the next term. It has been a great honour in serving as the Chairman for one term and I wish to extend my gratitude and thanks to all the members of the Selangor Bar, the Representative to the Bar Council, the Honorary Secretary, the Committee members, the staff of the

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Secretariat and Legal Aid Centre and to all others who have participated for their co-operation and support rendered during this term. I also wish to appeal to all members to extend their moral support to the incoming Chairman and the Committee members.

R.V.LINGAM Chairm an Selangor Bar Committee

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ANNUAL REPORT 2007 /08 AS AT 18TH JANUARY, 2008

1. 15

TH ANNUAL GENERAL MEETING

The 15th Annual General M eeting was held on Tuesday, 27th February, 2007 at 3. 00 p.m. at the Function Room, Kelab Shah Alam, Selangor Darul Ehsan.

2. OFFICE BEARERS

At the 15th Annual General Meeting the following office bearers were elected:

Chairman : RV Lingam

Committee Members : A. G. Kalidas

Alvin Neo Kunamony Kandiah N. Logendran

Murali Velautham Ng Chung Yee Rajpal Singh

Suraj Singh Sumathi Murugiah Suzanawati Ismail Representative to the : George Varughese Bar Council

3. HONORARY SECRETARY Mr. A.G. Kalidas was elected as the Honorary Secretary at the fi rst meeting of the Committee.

4. COMMITTEE MEETINGS As at 18th January, 2008 the Committee met 12 times and the attendance of each member are as follows:

RV Lingam - 12 A. G. Kalidas - 12 Alvin Neo - 6

Kunamony Kandiah - 9 N. Logendran - 7 Murali Velautham - 10 Ng Chung Yee - 6 Rajpal Singh - 12 Suraj Singh - 9 Sumathi Murugiah - 6 Suzanawati Ismail - 11 George Varughese, the Representative to the Bar Council was invited to attend all Committee

meetings as an observer and also to report to the Bar Council mat ters relevant to the Selangor Bar as and when pertinent and necessary. He attended a total of 10 meetings.

5. FINANCE

The financial position of the Committee remains acceptable. As at 31-12-2007 the accumulated fund comprising of monies in fixed deposit i s RM290,918.00, Amanah Raya is RM265,803.00 and current account i s about RM25,949. 00. Details of the financial position are as set out in the

Audited Accounts ending 31-12-2007.

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6. SUBSCRIPTION

The subscription for the year 2007 was fixed at RM150.00 at the 15th Annual General M eeting held on 27th February, 2007.

As at 31-12-2007, a total of 256 members are still in arrears of the 2007 subscription amounting to RM37,650. 00.

7. NUMBER OF MEMBERS

As at 15th January, 2008 the Selangor Bar has a total of 3,341 members.

9. SUB-COMMITTEES AND LEGAL AID

The Committee appointed the following Sub-Committees to facilitate the organisation of its various

activities:

a) Chambering Pupils & Young Lawyers Affai rs' b) Continuing Legal Education & Syariah c) Conveyancing Practice, SROE, Corporate & Banking Law d) Court Liaison e) Finance, Secretariat, Library & Building f) Human Rights & Criminal Law g) Informat ion Technology h) Legal Aid i) Publication j) Social, Charity & Welfare k) Sports

10. PETITION FOR ADMISSION From 1st February, 2007 to 15th January, 2008, 129 Petitions for Admission were served on the Selangor Bar Committee and 107 chambering pupils were admitted to the Bar during the year

2007/2008 in Selangor. 11. OBITUARY

The Committee records with deep sorrow the passing away of 7 members of Selangor Bar namely: -

NO. NAME PASSED AWAY ON

1 Chai Kai Wooi 11/08/2006

2 James Loh Ching Yew 25/11/2006

3 Tan Jing Phong 01/03/2007

4 Dato Palaniveloo a/l Sangal imuthu (Dato S.P.Veloo) 23/05/2007

5 Sonni Pillai 18/06/2007

6 Nik Mariah Bt Tan Sri Ahmad Kamil 15/10/2007

7 Mohd Suradi B Makhtar 21/10/2007

12. ACKNOWLEDGEMENT

The Committee acknowledges the co-operation and assistance received from the Chief Justice, the

President of the Court of Appeal, the Chief Judge of Malaya, Judges of the Federal Court, Judges of the Court of Appeal, Judges of the High Courts, the Attorney General, the State Legal Advisor, the Chief Police Officer of Selangor, Regist rars of Shah Alam High Court, Sessions Court Judges and Magistrates of Selangor, the Registrars of Lower Courts of Selangor and all other court official s of the State of Selangor Darul Ehsan and the Bar Council during the year. We express our gratitude and thanks to the Chief Judge of M alaya for allowing the adjournment of cases to enable our members to at tend this 16th Annual General Meeting of the Selangor Bar.

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We wish to put on record our profound appreciation to the volunteer lawyers and chambering pupils who rendered their services to the Legal Aid Cent re and also to members of the various Sub-Committees who have in one way or another helped and contributed towards the success of the events held during the year under review. Last but in no way least, we thank all our members for thei r continuous support and co-operation and hope that they would continue to extend the same to the incoming Committee.

Report submitted for and on behalf of the Committee by: A.G. KALIDAS

Honorary Secretary Selangor Bar Committee

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SUB-COMMITTEE REPORTS

CHAMBERING PUPILS AND YOUNG LAWYERS AFFAIRS

Chairperson : Murali Velautham

Co-Chairperson : Ng Chung Yee

Members : Johanna Soloman

V. Pavani

Jane Mary Pragasam

Savinderjeet Kaur

Tejindarpal Kaur

Ponmalar

Mishant Thiruchelvam

Visnuvarma

Normala Mohamad Mukhtar

Ex-officio : RV Lingam

A.G. Kalidas

The Chambering Pupils & Young Lawyers Affairs Sub-Committee apart from organising several

Introductory sessions for the chambering pupils, we have also organised the following talks, seminars and

events, as follows:-

1. BANKING LITIGATIO N - FO RECLOSURE PROC EEDINGS This talk was conducted by Mr Suresh Sachinathan of Messrs Rastam Singa & Co. Approximately 29

members and pupils attended this talk.

2. BANKRUPTCY - ITS EFFECT AND THE LAW

This talk was conducted by Ms. Tejinderpal Kaur who was an Official Assignee for many years. A total

of 37 members and chambering pupils attended this talk.

3. SELANGOR LAW GAMES AND FAMILY DAY

This event was held on 4th August 2007 at UITM between the Selangor Bar Committee, UITM, the

Selangor Judiciary and the Selangor Police Contingent.

This sub-committee took charge of the Family Day event where 14 stalls were set up by all the above

parties. The Selangor Bar set up 6 stalls comprising of food, drinks, clothing, henna tattoo and other

stalls. We also hired a clown to entertain the children.

Further this sub-committee also helped out in the Opening and Closing Ceremony. The opening

ceremony was officiated by YA Datuk Su Geok Yim and the closing ceremony was officiated by YA

Tuan Abang Iskandar Bin Abang Hashim . Overall this was a very successful event and the Dean of

UITM has indicated to continue this event with the incoming committee.

Murali Velautham

Ng Chung Yee

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4. TRIP TO KUCHING COURTS This trip was attended by a team of 19 members including the Chairman and Secretary of the Selangor

Bar Committee from 23.11.07- 25.11.07.

The team left for Kuching on 23.11.07 and upon arrival we were given a warm welcome by the

Kuching Bar i.e. the Kuching Bar Chairman Mr. Khairil Azmi and Mr Sabarjit Singh. We were then

taken for a delicious breakfast "Laksa Sarawak". We left for the Kuching Courts in the afternoon and

were briefed on the video conferencing by two of the Sessions Court judges Puan Robzariah Bt Bujang

and Mr Nixon Kennedy. We watched two cases via video conferencing between the Kuching court

and the Sibu and Miri Courts. Further, we were also shown and explained to us in detail about the

process of filing court documents, and taken on a tour of the Courts.

We also had the opportunity to view the launching of the Computerisation of the Sessions Court. This

function was attended by the Chief Judge of Sabah & Sarawak, YAA Tan Sri Dato’ Richard Malanjum.

We also witnessed the first case via computerisation in the Session Court by Sessions Court Judge

Puan Anelaphy Parnell. Finally, we were invited for tea with the Session court Judges and the CJ.

In the night a wonderful dinner was organised by YA Tuan Hamid Sultan Bin Abu Backer. This

dinner was also attended by the Chief Judge, the Kuching Bar and our team.

On day t wo, our team played futsall with the Kuching Bar and the score was level. Our team was also

taken to few of the main sights in Kuching. In the night the Kuching Bar organised a dinner which was

also attended by the Sarawak Advocates President Mr Sim Hui Chuang and the Sessions Court Judge

Mr.Nixon Kennedy. Our Chairman, Mr R.V.Lingam presented a token of appreciation to the Chairman

of the Kuching Bar and The Sarawak Advocates President. Finally all adjourned for a karaoke session.

Day three, was free and easy day for our members to do some shopping. We flew back in the

afternoon.

The committee would like to thank Mr Puspalingam, without whom the Sarawak trip would not have

materialised.

5. YOUNG LAWYERS CONVENTION

This convention was attended by 8 members of the Selangor Bar where all eight members were

sponsored by Selangor BAR. It was held from 18-20th January in Penang.

Every state Bar was given an opportunity to attended this convention. One of our members who

attended this convention Mr Mishant Thiruchelvam, was invited to give a short talk on the topic of

“The Tired Bar”.

Our members who attended this convention informed us that it was very beneficial as the talks which

were given were very informative.

6. ADMISSION TO THE BAR Throughout the year this committee was involved in a number of admissions to the Bar where a total of

29 admissions to the Bar were held in the Shah Alam High Court.

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Finally, I would also like to take this opportunity to thank all my sub-committee members who have

worked very hard to make all the events organised by this sub-committee a success and without whom this

sub committee is meaningless.

Report submitted by:

MURALI VELAUTHAM

Chairperson,

Chambering Pupils & Young Lawyers Affairs Sub-Committee

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SUB-COM MITTEE REPORTS

CONTINUING LEGAL EDUCATION & SYARIAH

CONTINUING LEGAL EDUCATION

Chairperson : Alvin Neo

Co-Chairperson : Suzanawati Ismail

Members : Ng Chung Yee

Kirupakaran

Johanna Soloman

V. Pavan i

Nisha Supaya

Jane Mary Pragasam

Savinderjeet Kaur

Logendran

Ex-officio : RV Lingam

A.G. Kalidas

For this term as the Chairman of the CLE Sub-Committee, we in the sub-committees have

conducted several seminars and talks for the benefit of our members as follows:-

1. DATE : 1ST

JUNE 2007

TIME : 3PM-6PM

VENUE : SELANGOR BAR COMMITTEE AUDITORIUM

SP EAKERS : MS SUMATHI MURUGIAH;

MS. GRACE DHILLON;

MS. SHUNITA M AGHJI;

MR. MOHAN SIVASUBRAMANIAM;

CIK. NOOR SUHAILA BT SAAD; AND

MR. SANDOSH ANANDAN

TALK ENTITLED :“AN OVERVIEW UNDERSTANDING OF: THE STRATA TITLES

(AMENDMENT) ACT 2007, THE HOUSING DEVELOPMENT

(CONTROL & LICENSING) (AMENDMENT) ACT 2007 AND THE

BUILDING & COMMON PROPERTIES (MAINTENANCE AND

MANAGEMENT) ACT 2007”

ATTENDANCE : 71

The talk was divided into 3 parts. Mr. Sandosh, assisted by Cik Noor Suhaila presented the talk

on Housing Development (Control & Licensing) (Amendment) Act 2007.

Ms. Sumathi with the assistance of Ms Grace discussed the Building & Common Properties

(Maintenance & Management) Act 2007 and Mr. Mohan Ms Shun ita spoke on the Strata

Alvin Neo

Suzanawati Ismail

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Titles (Amendment) Act 2007.

2. DATE : 27th

JULY 2007

TIME : 2.30PM – 6.30PM

VENUE : SELANGOR BAR COMMITTEE AUDITORIUM

SPEAKERS : MR BALWANT SINGH SIDHU

TALK ENTITLED: “CONVERSION OF A SPOUSE IN A NON-MUSLIM MARRIAGE:

EFFECT S AND CONSEQUENCES & ALL YOUR OTHER FAMILY

LAW QUESTIONS ANSWERED”

ATTENDANCE : 25

Mr. Balwant spoke at length on the issues ar ising from a conversion such as the rights of the

parent to convert their child’s/children’s faith, care and custody of the child/children.

Jurisdictions of the Civil and Syariah Courts were also discussed at the event.

3. DATE : 25 August 2007

TIME : 9PM – 5.30PM

VENUE : LAW FACULTY, UNIVERSITY MALAYSIA

EVENT : LAW CAREER 2007

This is an annual event organized by the Law Faculty of University Malaya. The

Sub-Committee was invited this year and was given a booth. Our Mr. Logendran, Mr. Rajpal,

Mr. Kirupakaran and Mr. Neo attended the same. Private f irms were also inv ited whereby talks

on specific areas of the law were presented.

There was a good attendance at the event as students and young lawyers enquired on the nat ure

and work of the noble profession.

4. NO FAULT LIABILITY ON INSURANCE CLAIM: EFFECT ON THE PROFESSION AND

LIABILITY

-To be scheduled in 2008

-Speakers and dates have yet to be confirmed.

5. CRIMINAL P ROCEDURE CODE: THE 2007 AMENDMENT S AND IT’S EFFECT

-To be scheduled in 2008

-Speakers and date are have yet to be confirmed.

Report submitted by:

ALVIN NEO

Chairperson,

Continuing Legal Education Sub-Committee

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SUB-COM MITTEE REPORTS

CONTINUING LEGAL EDUCATION & SYARIAH

SYARIAH

Chairperson : Suzanawati Ismail

Members : Jamilah Bt Hj Radzi

Firdaus Bt A Hussain

Kama Azura Bt Md Kamel

Rodziah Rosy Bt Daud

Herlina Ahmad Basri

Mardhiah Binti Kassim

Zainuddin Bin Abdul Razak

Suriah Binti Har is Fadilah.

Ex-officio : RV Lingam

A.G. Kalidas

This year I have been entrusted to chair this sub-committee.

Since we have not many lawyers who practice in this field and coup led with the fact that Syar iah

practitioners have their own society governing them, it was rather difficult to coordinate activities

for syariah lawyers.

Despite the impediments, we had managed to gather syariah lawyers and addressed their problems

before making an appo intment with Ket ua Hakim Syarie’ Selangor.

Our meeting with the Honourable Syarie’ Judge was cordial, and he welcomed responses, ideas and

accepts short-comings and readily open for future meetings by the Syariah Bar members and

himself.

Occassionally, we do send out letters to lawyers to obtain feed-back on the syariah practice in

Selangor.

Last but not least, we hope much more can be done in fut ure with strong response and help more

members concerned in this area of practice. I thank the main committee and my sub-committee

members for their cooperation and support.

Report submitted by:

SUZANAWATI ISMAIL

Chairperson,

Syariah Sub-Committee

Suzanawati Ismail

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SUB-COM MITTEE REPORTS

CONVEYANCING PRACTICE, SROE, CORPORATE & BANKING LAW

Chairperson : Sumathi M urugiah Members : Grace Dhillon Shunita Maghji Mohan Sivasubramaniam

Noor Suhaila Bt Saad Sandosh Anandan Ex-officio : RV Lingam

A.G. Kalidas Another year has been completed and it is time again for this Sub-Committee to report to members of the Selangor Bar the tasks which had been undertaken throughout the year.

The first event which was hosted by this Sub-Committee ie. on 4

th May 2007 was the meeting with

the Directors of the Inland Revenue Board (IRB) of the State of Selangor (Shah Alam, Klang and Petaling Jaya). This meeting had enabled us to raise many issues wh ich were of great concern to members of the Selangor Bar. Although, the meeting was successful in terms of creating a cordial relationship bet ween the Selangor Bar Committee and the IRB of Selangor, we had only managed to receive clarifications on certain issues which we had raised. However, we had again raised similar issues at the meeting with the IRB Malaysia wh ich was held on 4th Decem ber 2007 wherein we were invited as representatives from the State of Selangor. The IRB Malaysia had agreed to have dialogue sessions with members of the Bar (represented by the Bar Council and State Bar representatives) in order to address and resolve ( if possible) the queries from members of the Bar with the view of creating a better working relationship and environment.

Pursuant to the meeting bet ween this Sub-Committee and the IRB of Selangor, the IRB of Selangor had graciously volunteered to conduct a talk on "E-Filling and E-Stamping" which was held on 20

th June 2007. The talk was very informative and well received by Members of the

Selangor Bar.

On 1

st June 2007, the members of this Sub-Committee held a talk entitled "An Overview

Understanding Of : The Strata Titles (Amendment) Act 2007, The Housing Development (Control & Licencing) (Amendment) Act 2007 And The Building & Common Properties (Maintenance And Management) Act 2007". This was conducted by the members of this Sub-Committee with the

view of assisting the members of the Selangor Bar to understand the effects of the said amendments and the new Act which had come into force on 12

th April 2007. We had an overwhelming t urn out

for this talk.

Pursuant to a complaint from a member of the Selangor Bar that the Petaling Land Office was rejecting registrations of private caveats by purchaser(s) of a sale & purchase transaction if the same was not attached with a copy of the sale & purchase agreement and as this requirement is not in accordance with the NLC, we had to put an immediate stop to this requirement hence this

prompted us to have a meeting with the Officers of the Petaling Land Off ice on 17th

September 2007. We managed to resolve this matter and since then they have ceased their practice of insisting for a copy of the sale & purchase agreement to be attached with the private caveat forms.

Sum athi Murugiah

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As a follow-up to the meeting which was held between this Sub-Committee and the Pengarah Tanah dan Galian Selangor ( PT G Shah Alam) on 14

th February 2007 (attended by the previous

members of the Selangor Bar Committee and the Sub-Committee), we were called for a meeting on 14th Novem ber 2007. In both these meetings we had raised many issues which would enable

transactions at the PTG Shah Alam to be more efficient, faster and convenient for both the members of the Bar and the PTG Shah Alam. En. Abd. Nasir, Pengarah at the PTG Shah Alam had been very approachable, receptive and encouraging in wanting to reso lve issues in a proactive manner in both the meetings. We also promised to work with the PTG Shah Alam by providing

them with the latest directory of the Members of the Selangor Bar and assisting them to contact or send letters to members of the Selangor Bar who had failed to collect their documents from PTG Shah Alam. As a result of our meetings with the PTG Shah Alam, their counters are open now for transactions during lunch time on every work ing day except on Fridays. In the f irst meeting (held on 14th February 2007) the Pengarah had agreed to meet us t wice a year to discuss and reso lve (if

possible) issues or matters arising in relation to PTG Shah Alam. As agreed by the Tuan Pengarah, we had two meetings this year and we hope to continue this good working relationsh ip for the betterment of all parties. Overall, this year had been a trying year for this Sub-Committee especially having to deal with the coming into force of the Amendments and the New Act on 12

th April 2007 and the constant issues

which had to be dealt with at the PTG Shah Alam. We had tried our best to resolve if not all, at least most of the issues wh ich were brought to our attention.

We sincerely hope that members had taken the opportunity to browse through the website and gained the information posted on it pertaining to conveyancing issues. Last but not least, I as Chairperson of this Sub-Committee would like to take this opportunity to

thank all my Sub-Committee members who had sacrificed their precious time in assisting me and for being there to carry out this Sub-Committee’s undertakings. I would like to also thank the members of the Selangor Bar Committee for their support and encouragement shown to me in carrying out my duties dur ing my tenure.

Thank you.

Report submitted by:

Sumathi Murugiah Chairperson,

Conveyancing Practice, SROE, Corporate & Banking Law Sub-Committee

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SUB-COM MITTEE REPORTS

COURT LIAISON & PUBLICATION

COURT LIAISON

Chairperson : Kunamony Kandiah Members : Savinderjeet Kaur Dheema Ariyapala P. Dev Anand Pillai Logendran Ganesarajah Yesotha Nathan Teoh Lib Peng

Neo Lok Tian Ex-Officio : R. V. Lingam A.G. Kalidas

The Court Liaison Sub-Committee in the year 2007 had its fair share of schedule hav ing met with the various High and Subordinate Court officers in Selangor and in Kuala Lumpur. Courtesy calls and meetings with the High Court Judges, Sessions Court Judges and Magistrates are stated as

follows:-

1) 4th

May 2007 – Shah Alam Sessions Court (Judges, Magistrates, Public Prosecutors and Registrars from Shah Alam, Bangi, Selayang and Kuala Kubu Bahru Courts);

2) 8th

June 2007 – Puan Noradidah Binti Haji Ahmad – Judge, Magistrates, Public Prosecutor and Registrars from Ampang Court;

3) 15th June 2007 – Y.A.A. Tun Ahmad Fairuz Bin Dato’ Sheikh, Chief Justice and Chief

Registrar of the Federal Court; 4) 19

th September 2007 – Selangor St ate Legal Adv isor – Dat uk Zauyah and Deputy Public

Prosecutors;

5) 25th

October 2007 – Meeting with Judges of the Civ il Div ision of KL Subordinate Court;

6) 26th October 2007 – Y.A. Datuk Syed Ahmad Helmy Bin Syed Ahmad, Shah Alam

High Court (Hakim Kanan) and other High Court Judges at Shah Alam;

7) 20th Novem ber 2007 – Meeting with Judge of the Family Division of KL High Court;

8) 5th

December 2007 – YAA Dato Alauddin Bin Dato Mohd Sheriff, Chief Judge of Malaya; and

9) 18th January 2008 - Meeting with Judges of the Commercial Div ision of KL High Court.

The purposes of these meetings were pr imarily to put forth the problems faced by lawyers practicing in the St ate of Selangor Darul Ehsan when dealing with the members of the judiciary and

Kunam ony Kandiah

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the court staff. The major issues raised dur ing the meetings were specif ically in relation to filing and extraction of documents. Power of Attorney, misplaced / missing f iles and documents, Letter of Administrations, Probate matters, striking off cases, court attire, attitude of court’s staff and lawyers, inadequate parking space, late arrival of pr isoners.

In the year 2007, not only we witnessed the appointment of Judicial Commissioners but the assignment of additional judges to the Shah Alam High Court. Hence criminal matters at the Shah Alam High Court are able to be disposed off with shorter dates, but unfortunately it is not the case

for civil matters because there are still only there (3) judges sitting to dispose off civil matters for the State of Selangor. This is grossly in adequate for a developed state like Selangor. In the early part of 2007, lawyers were also taken by surpr ise when the Civil Sessions Court II and Sessions Court IV, moved to Denmark House at Kuala Lumpur to accommodate the setting up of

an additional High Court at Shah Alam. In view of the gross inconvenience, representations have been made to the Chief Judge of the High Court of Malaya and the Ch ief Justice to relocate the said Sessions courts back to Shah Alam. We hope this will materialise sometime in 2008. B.C. Boxes were also relocated to the new site near the canteen to facilitate easy access for solicitors and their staff from the north side of the building. A. Meeting with Y.A. Datuk Syed Ahmad Helmy Bin Syed Ahmad on 26

th October 2007

We had our 1st meeting with Y.A. Dat uk Syed Ahmad Helmy Bin Syed Ahmad and all

other Selangor High Court Judges and Judicial Commissioners. We had the opportunity to raise issues and put forth problems and complaints commonly raised by lawyers. I ssue of long hear ing dates for matters wh ich required to be heard urgently supported with certificates of urgency was also raised. Adjournment of cases at short notice, striking out of

cases was also raised. Bankruptcy matters – lawyers having to wait long periods to be heard because of late arrival of Bankruptcy Officers. The issue of misplaced f iles was also discussed.

The Yang Ar if has graciously agreed to look into these urgent problems and at the same time informed us that the volume of cases filed in Shah Alam High Court is immense.

B. Meeting with Kuala Lum pur C ourt Judges

Recognising that many lawyers in Selangor also appear and represent their client at the Kuala Lumpur Court and in trying to resolve some of the problems faced, the Court Liaison Committee on the invitation of the KL Bar Committee met with the Judges, Sessions Judges

of the KL Courts.

C. Meeting with Chief Judge of Malaya at Putrajaya

Issues and lawyers grievance was raised; including the atitude and the rude treatment

accorded to Selangor Bar members by certain members of the judiciary were raised. The lack of Civ il High Courts for the State of Selangor resulting in long hearing dates. Non-replacement of Magistrates who were transferred at short notice, causing cases to be adjourned pending the appointment of new judicial officers, were some of the issues raised. The Chief Judge agreed to attend to the problems raised.

Members who have wr itten their complaints to the Secretariat were attended to and their complaints have been reso lved. Since not many complaints were received, the sub-committee will assume that

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lawyers are generally satisfied with the state of affair s at the court registries. But if this not the case the members are encouraged to write their complaints because only on receipt can these complaints be addressed. The committee also wishes to state that to have an effective sub-committees, we need the full co-

operation of all members to give us a feed back on whether their gr ievances has been reso lved. I also take this opport unity to thank all sub-committees members for their services to the committee.

Report submitted by: Kunam ony Kandiah Chairperson, Court Liaison Sub-Committee

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SUB-COM MITTEE REPORTS

COURT LIAISON & PUBLICATION PUBLICATION

Chairperson : Kunamony Kandiah Members : Tieh Siaw Siong Logendran Editorial Board : Biliwi Singh Zalina Abidin Gerard Lazarus

Balan Nair Shanta Kumar Advisors : S. S Muker S.S. Ravichandran

George Varughese Ex-Officio : R. V. Lingam A.G. Kalidass

The year 2007 was a fruitful one with the publication of newsletter Ad Rem, although we had hiccups in the early part of the calendar year. The license to facilitate printing of Ad Rem had lapsed and had to be renewed by making the necessary representations to the relevant authorities.

The license was obtained on 10 April 2007. Having overcome the license issue, the agreement entered with a third party to produce the magazine was saddled with problems as there were communication break downs on how the magazine would be portrayed and what part the 3

rd Party

played in the publication of the Ad Rem.

Having put things in place, the editorial board took the task under the wings of Biliwi Singh to come up with an issue in the later part of this year. In my mind the issue was informative, made interesting reading and was well received. Advertisement revenue was weak, but hopes that we would be able to improve on this with the assistance of all members of the Selangor Bar. In our 1st issue of the Ad Rem for 2007, we were only able to obtain two (2) advertisements through the assistance of Mr. R. V. Lingam and Mr.

Sivapragasam A/L P. Kumaran. After all it is your magazine and on ly the members can help reduce the publication cost which is on the upward trend.

Biliwi Singh and his editorial board have carried out their job diligently and have conducted some

profile interviews with formidable Malaysian figures. We hope to publish the second issue without having to put a financial strain on the coffers of Selangor Bar.

I further wish to extend my gratitude and appreciation to the Editorial Board who worked and sacr ificed their time to publish the AdRem.

Report submitted by:

Kunam ony Kandiah Chairperson, Publication Sub-Committee

Kunamony Kandiah

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SUB-COMMITTEE REPORTS

HUMAN RIGHTS AND CRIMINAL LAW

Chairperson : Suraj Singh Co-Chairperson : Murali Velautham Members : Jagathisvaran Ramachandran (Honorary Secretary)

Rajpal Singh Salim Bashir James George Sreekant Pillai Vasudevan Wan M. Razali Bin Wan A. Kadir Sukhdev Singh Kailesh Ex-Officio : R. V. Lingam A.G. Kalidas

INTRODUCTION Similar to the year 2006/2007, the Selangor Bar, Human Rights and Criminal Law Sub-Committee (HR & CL SC) members were selected to represent the various districts in Selangor. The selection process was based on the locality the members are practicing and/or frequently appearing in the courts. Most of the members who were actively involved in the HR & CL SC in the year 2006/2007 have shown their interest and were keen to be part of the sub-committee for the year 2007/2008.

The members participated actively in various discussions and meetings held internally and with other government bodies as part of the HR & CL SC agenda for the year 2007/2008 in order to meet the challenges in human rights and criminal law within our vicinity. The members have been supportive of the agenda and interacted without fear or favour during the deliberations. SUB-COMMITTEE - OBJECTIVES A barrister or an advocate plays a crucial role in the upholding of the Rule of Law in any democracy despite the legal profession being classified by the ignorant as second to the oldest profession in the world. There can be no doubt it is the barrister and the advocate who are best equipped to ensure the Rule of Law is nurtured and enhanced in society. With the above in mind, the objectives of the HR & CL SC for the year 2007/2008 are to have as many discussions and meetings possible with the government bodies to deliberate on various issues concerning human rights and criminal law. The HR & CL SC felt that there is definitely a need to create an effective networking with these government bodies to explore the various concerns of the HR & CL SC and vice versa in appreciating the topic governing human rights and criminal law. The HR & CL SC believed that networking with these government bodies would allow parties to exchange their ideas and views and most importantly facilitating the practice of human rights and criminal law.

Suraj S ingh

Murali Velautham

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Ultimately, the lawyers and public as a whole would benefit from the deliberations concerning various human rights and criminal law issues. COURTESY CALLS Through our internal discussions and meetings, the HR & CL SC short listed several government bodies for the purposes of meeting and deliberating on issues concerning human rights and criminal law. Whilst we have attempted to arrange for courtesy calls, we must admit that few of these government bodies although initially were willing to meet up with us, somehow or rather had to call off the meetings due to unavoidable circumstances. Nevertheless, we are determined to meet up with these government bodies by the end of February 2008, if time permits. The courtesy calls held were on the following government bodies:

a) Sungai Buloh Prison on 24.04.2007 b) Immigration Department, Selangor on 19.06.2007 c) OCPD Shah Alam on 05.07.2007 d) Chemistry Department, Malaysia on 11.07.2007 e) OCPD Kuala Langat on 17.08.2007; and f) Head of Prosecution of Selangor on 16.11.2007

1. SUNGAI BULOH PRISON

The meeting was chaired by Tuan Darussalam, Director, Sungai Buloh Prison. According to Tuan Darussalam, as at 24.04.2007, the Prison has 5,554 inmates, out of which 4,861 (5 blocks) were under remand whilst 693 (1 block) convicted. There were approximately 900 inmates (Tahanan Mahkamah Tinggi) for Melaka, Seremban and Selangor that have been sent to the Prison. The Prison was too congested with inmates. In order to achieve the comfortable level, it was suggested that the Prison should only house 2,500 inmates. It was also quite difficult to achieve the Prison’s target due to overcrowding. There were approximately 1,000 foreign inmates in the Prison. Tuan Darussalam informed the members that there were approximately 700 wardens in the Prison. We were informed that the increase in the foreign numbers is due to the Immigration Act which does not allow them to be kept at the camp but the Prison. According to Tuan Darussalam, each block shall be observed by an officer assisted by 3 or 4 wardens. There were also HIV inmates, approximately 200 of them and they were segregated from the rest. Tuan Darussalam was not certain on the number of death cases reported in the Prison. According to him, fights occur in the Prison because the inmates seem to have their own priorities. The wardens are not able to stop any fights in the Prison cells as the numbers are too large to handle. It is for security reasons that the wardens refrain from getting involved.

2. IMMIGRATION DEPARTMENT

The meeting was chaired by Tuan Che Mamat, Director, Immigration Department, Selangor. We enquired if overcrowding was an issue in Semenyih and Lengging camps. According to Tuan Che Mamat, these 2 camps were overloaded. There were more than 2000

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foreigners in Semenyih camp alone. The deportation exercise goes on non stop. Those who came out of Sungai Buloh Prison will be placed at Semenyih. According to Tuan Che Mamat, those without documents or passports at times can be held up in Semenyih for more than 6 months. Those from India, Bangladesh, Africa and Myanmar, it was quite difficult to obtain the required documents from them and even their respective embassies have difficulties identifying them. It is sufficient to deal with them if they have a photocopy of the required documents but most often than not, they don’t even have a photocopy. Many of these foreigners came through the northern border, Kedah & Perlis. Not much problem encountered with Indonesians as they have an agreement where their photos are attached and the embassy certifies them. We were informed that with effect from 15.12.2007, foreigners caught at KLIA, Federal Territory of Kuala Lumpur and Putrajaya and Selangor will be prosecuted in Semenyih. As at 19.06.2007, there were approximately 6,400 cases in Semenyih court.

3. OCPD SHAH ALAM

The meeting was chaired by Tuan Azam, OCPD, Shah Alam. According to Tuan Azam, the crime rate in Shah Alam was manageable. Theft of motorbikes is the most due to carelessness of the owners. “Lumba haram” was also manageable in Shah Alam. However, it was stressed that the police lack IOs, for e.g. 1 AIO has to handle approximately 8 cases a day. They have about 16 IOs and 4 AIOs who just joined the force. These figures are not enough in order to solve crime rates. It was brought to our attention that lawyers are not allowed to sit with the suspects during section 112 statements or else statement will be taken from the lawyers too. We were informed that the police will normally invoke section 111 CPC if suspects do not wish to cooperate, failing which a warrant will be issued. We also brought up issues concerning some cases involving the Narcotic Department whereby the IO instructs the accused to plead guilty and not to appoint any lawyers. Issues relating to "bogus lawyers" were raised wherein the Police needed information from Bar Council to verify the status of the said lawyers. We informed the Police that the Bar Council is quite effective and fast in providing information on lawyers when requested.

4. CHEMISTRY DEPARTMENT

The meeting was chaired by Mr. N. Hithaya Jeevan, Director General (DG), Chemistry Department, Malaysia. According to the DG, for drug trafficking cases it normally takes 1 – 2 months to complete the report. It may extend beyond 2 months for certain cases only. In regard to possession cases, it does not take more than 30 days to complete the report. In fact, the Chemistry Department is thinking of reducing it to 25 days. The report may extend beyond the 30 days period for certain cases only. The DG further informed us that there is no client charter for trafficking cases. He could not understand why accused are remanded for such a long time for drug trafficking cases. In some cases, the drugs are not given to the Chemistry Department on time for analysis. In fact,

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according to the DG, they have asked the prosecutors to liaise with them should there be a delay in the analysis. The DG clearly spelt out that their function is to help the administration of justice. Therefore, they do not compromise on integrity. They are impartial and there are no reasons to favour the police. There are more than 60 chemists in the Forensic Department and more than 20 in Drugs.

5. OCPD KUALA LANGAT The meeting was chaired by Tuan Zul, OCPD, Kuala Langat. The OCPD agreed that the crime rate is high in Selangor. The combination of the crime rate in Johor, Penang and Kuala Lumpur is nowhere near to the crime rate in Selangor. However, the crimes committed in Selangor are mainly theft of motorbikes. The focus of IPD Kuala Langat is more on violent crimes and robbery. The OCPD also agreed that at times the lawyers are not given the opportunity to see the accused after arrest which is in clear breach of Article 5 of the Federal Constitution. However, the OCPD believes that his office has not violated the rights of accused after arrest as he has informed his force against such practice. The OCPD also informed that he has done quite a bit to improve the quality of services based on Suhakam’s recommendation. We informed the OCPD that the Prison Authorities have complained of overload. This overload is partly due to excessive bail amount imposed. According to PO Ranjit, for Section 15 (1) DDA offence, normally the bail amount is RM2,000. Theft, if accused below 18 with no previous convictions, normally in the range of RM1,000. VCD cases, roughly around RM5,000 and higher bail is imposed on robbery cases involving foreigners. The main lock up at the moment is at Telok Panglima Garang. Child suspects are segregated from adults and are placed at the corridor and not the lock up. Normally, according to the OCPD, he will allow police bail for child suspects. Only he can provide police bail but he does not determine the amount to be imposed. In fact, the OCPD makes sure that he is informed of all arrests. The OCPD admits that he controls everything that goes on in the Balai. So far, the last 8 months he has been around, no assault in the lock up has been reported.

6. MEETING WITH HEAD OF PROSECUTION, SELANGOR

The meeting was chaired by Tuan Nik Suhaimi, Head of Prosecution for Selangor and accompanied by several DPP’s for the Selangor state. Several issues were discussed mainly on the views on Representation and the required format. Also issue’s on Bail in regards to the quantum, as there seem to be no uniformity in the offering of Bail by the PO’s. Issue’s of 39B DDA Cases in regards to transmission cases, to the High Court was also raised and also the delay in obtaining the Chemist Reports. Issues of foreigners charged in court in which Bail were not offered as the IO had yet to obtain the verification of the accused passport at the Immigration office, as a result of the Prosecuting Officers were unable to offer Bail to the foreigners charged, were also highlighted to the DPP.

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The Committee had also informed the DPP’s office of an incident in the Magistrate Court in which several postponement was granted to the PO whilst the accused (an Indonesian woman) was in remand while waiting for the IO to verify the accused passport with the Immigration Department. The Head of Prosecution had given us the assurance that he would personally look into this matter.

CONCLUSION The members of the HR & CL SC for the year 2007/2008 have been very supportive and committed toward our agenda. I wish to take this opportunity in thanking them for their tireless efforts and commitments in discharging their responsibilities. Their deliberations and contributions during discussions and meetings have been very fruitful indeed. We, the HR & CL SC hope that we have contributed effectively on the issues pertaining to human rights and criminal law. We honestly feel that a lot more could have been done if not for the time constraints. We had to juggle between our commitments to our clients and the HR & CL SC. It was due to the tremendous efforts and courage from the members that made 2007/2008 a memorable term. I also wish to thank the members of the Selangor Bar for the trust bestowed upon me to chair the HR & CL SC for 2007/2008. We are happy with the efforts and achievements during this short span of time and look forward to better our efforts, contributions and achievements in 2008/2009. Special thanks to Mr. Jagathisvaran Ramachandran for his great support as the Secretary of this Sub-Committee and also to all my Committee members who have spend a lot of time and effort to make this year a memorable one. Thank you. Report submitted by: SURAJ SINGH Chairperson, Human Rights & Criminal Law Sub-Committee

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SUB-COM MITTEE REPORTS

INFORMATION TECHNOLOGY

Chairperson : Ng Chung Yee Members : Teh Tai Yong

Mishant Thiruchelvam Ex-Officio : R. V. Lingam A.G. Kalidas

1. Selangor Bar Web-Site

The Selangor Bar web site is constantly updated with reports and announcements of

upcoming events. The traffic to our website has increased tremendously and as a result, the committee is in the midst of seeking a new serv ice provider to create a more user-fr iendly site for our members and improve on interactive functions.

2. Events in 2007

The committee has organised a talk open to all Selangor Bar members free of charge titled ‘ICT-Obstacles to the Future Development of Law’ on the 28th of August 2007. Attendance

was encouraging with good turnout from chambering pupils and practitioners alike. The talk was delivered by Mr.Rajasekaran and Mr. Teh Tai Yong, a member of this sub-committee.

The talk also touched on the CTOS saga and the need for a Data Protection Act a viable means of protecting a person’s right to privacy which includes their financial data. One mammoth task which the committee has been assigned to and which is still at its initial

stages of p lanning is the implementation of video and teleconferencing in the courts nationwide. All State Bar have been inv ited to propose feedback on the video and teleconferencing

technology which should benef it the Bar on the whole in terms of costs and time. Eight centres have been proposed for setting up of this system the chargeable rate is the primary concern amongst others.

The sub-committee had also participated in an event organised by the Young Lawyers and Chambering Pupils Affair’ s visit to the Kuch ing Court Complex where 15 participants from the Selangor Bar witnessed a live proceeding taking place using the video and teleconferencing facilities.

The attendees were also briefed on the tracking system utilised by the courts. This serves as a file monitoring system which has been implemented in Sabah and Sarawak. The utilisation of technology in the courts system is impressive and there are fut ure plans

whereby counsel are no longer required to take down notes. A specially assigned court interpreter would be given the task of taking down notes and these notes will be available for a nominal charge.

Report submitted by:

Ng Chung Yee Chairperson, Information Technology Sub-Committee

Ng Chung Yee

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SUB-COM MITTEE REPORTS

LEGAL AID CENTRE SELANGOR (LACS)

Management Panel: Chairperson : Rajpal Singh

Hon. Secretary : Ramesh K. Supramanian Members : Mejar(B) Abdul Kadir Bin Abdul Ghan i, Renuka, T.Balasubramaniam, K.A. Ram u, R.V. Lingam, A.G. Kalidas, Alvin Neo, Kunamony Kandiah, Logendran, M urali Velautham,

Ng Chung Yee, Suraj Singh, Sumathi Murugiah, Suzanawati Ismail, George Varughese.

Legal Aid Centre Staff: Alan Goh Heng Jin - Legal Officer : Gomathy Balasupramaniam – Officer Adminstrator/Programme

Coordinator. : Velvashini Vembarasan – Accounts Assistant/Dock Brief

Coordinator.

First and foremost, allow me to express my heartfelt appreciation to the Selangor Bar Committee (SBC) for their trust and confidence in offering me this challenge as the Chairperson of Legal Aid Centre Selangor (LACS) for the year 2007 / 2008.

I am grateful to my esteemed predecessor, Mr. Ramesh K. Supramaniam for his excellent management and leadership and setting a high standard for me to emulate.

The year under review has been challenging in terms of organisation and management of the LACS. The Management Panel (MP) has unan imously agreed that its monthly meetings shall be independent of the SBC. However, the Chairperson of LACS shall report on the MP’s decisions and proposals at the SBC’s meetings. Further all SBC members are welcome to join the MP meetings to contribute towards the welfare of LACS. On this note, contributions from the

respective members have been encouraging and effective. In addition, LACS has recruited a Legal Officer in July 2007 to further strengthen the existing staff force which comprised of t wo other legally qualif ied personnel and this is in line with LACS’s

intention to provide better service and improve on the management of this Centre. The Legal Officer has vast working experience having worked as a practicing lawyer and also served as Head of Legal Department in one of the public listed company prior to joining LACS. For the respective programmes undertaken by LACS in collaboration with AWAM, WAO, SIS and Consumer Association, the training for the chamber ing pupils is provided by the respective centres. The prisons visit programme is organised by LAC KL and all these programmes are currently being organised as usual with emphasis in providing the required legal aid training to the chambering pupils. Programmes organised by LACS have increased marginally; the outreach clinics on law awareness have achieved its desired result in creating overwhelming response and awareness among the general public. Monfort Boys Town (6th May 2007)

In conjunction with Montfort Boys Town (“Monfort”) open house carnival on 6th

May 2007, LACS conducted a law awareness programme at one of the stalls prov ided by Montfort. This is the second

Rajpal Singh

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consecutive year in which the event was organised at Monfort. The objective is to empower the public with the necessary knowledge in var ious aspects of the law, the understanding of which is crucial in avoiding or reso lving potential problems/disputes. At Montfort a total of 7 lawyers and 2 chamber ing pupils assisted on a voluntary basis in adv ising the public on various matters which

included employment, estate/letters of administration/probate/wills, contract, family and criminal. User friendly materials in the form of leaflets and booklets prepared by the Bar Council were distributed to the public and the volunteers were at hand to explain any quer ies that arose on the said materials. For this programme, LACS distributed 297 leaflets/booklets and interviewed 38 clients. The response from the public was encouraging and LACS hopes to organise further events

of such nature and hope that more lawyers will volunteer a little precious time to make these events a success. Kota Kemuning (22nd July 2007)

Besides the usual outreach clinics of wh ich LACS have been a regular participant for the past year, we are pleased to report the inclusion of several new areas notably Kota Kemuning where a social community event was organised by its Resident Association in collaboration with LACS, Yayasan Amal Malaysia and many others. At Kota Kemuning, a total of 3 lawyers and 1 chambering st udent

were present to provide the necessary information and advice required by the residents dur ing the said event. For this programme, LACS distributed 251 leaflets/booklets and the volunteer lawyers interviewed 10 clients. We appreciate the tireless effort of En. Zainal Said for coordinating this outreach for LACS. St Anne’s Church (29

th July 2007)

In conjunction with St Anne’s feast, LACS conducted a law awareness programme at St.Anne’s Church, Port Klang. The celebration at the Church was well attended by the public and in particular devotees from all over the country including migrants from other countries. The Church committee provided LACS with 2 tents for our purpose and after each prayer session the pilgr ims converged to make enquires or asked for legal advice from our 10 vo lunteer lawyers who were present to assist on the said day.

User friendly materials in the form of leaflets and booklets prepared by the Bar Council were distributed to the public and the volunteers were at hand to explain any quer ies that arose on the said materials. At St. Anne’s, LACS distributed 275 leaflets/booklets and our volunteer lawyers

interviewed 14 clients. We look forward to conducting similar programme during the church’s annual celebration capitalising on the attendance of the huge crowd presence which enables us to reach out to more people thus creating awareness and empowering them with the necessary knowledge of the

different aspects of our country’s laws. Another event that deserved mention is the National Law Awareness Week from 1

st September

2007 to 9th September 2007 of wh ich LACS spearheaded in organising var ious programmes in the State of Selangor, the events are as follow:

Dataran Merdeka (30th

August 2007) A total of 600 copies of the “Red Book” leaftlets were distributed by Mr. K.A. Ramu and his wife to the general public targeting especially the youth at the said location. Some of the youth were

very enthusiastic, cur ious and even manage to ask some questions. Stamford College P.J. (4

th September 2007)

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A special talk with Question & Answers on the “ Red Book” was conducted at 8pm on the said day. It was organised by Ms. Renuka, the said talk was given by Mr. Ng Chung Yee and the panel for the Q & A consisted of Mr. Rajpal Singh, Mr. Ng Chung Yee and Mr. Logendran. The audiences were a mixture of youth, law students, adults and a few senior citizens. The Q & A session was

very lively with active participation from both the audience and the panel of lawyers. Ms. Renuka’s initiative also includes the distribution of the “Red Book” leaf lets to secondary schoo ls around Petaling Jaya totalling 2000 copies Law awareness programme at Dewan MP S Taman Gombak (8th September 2007)

The National Law Awareness Week in Selangor culminated with LACS’s programme at Taman Gombak. The following participants were in strumental in helping to make it an eventful day: - Polis Di Raja Malaysia

- Suruhanjaya Pilihan Raya - Persatuan Pengasih Malaysia - Jabatan Keselamatan Jalan Raya Negeri Selangor - Sisters In I slam Center

- Pusat Komunikasi Masyarakat - Awam Centre - Amnesty International Malaysia - LAC, Selangor All the participants were given souven irs sponsored by the LACS, Silver Bird Group Bhd and Unilever (M) Sdn Bhd. We were honoured to have with us Tuan ASP Mohamed Rafiq B. Hj. Mohamed M ustafa (Ketua Bahagian Ketenteraman Awam/Ketua Trafik Daerah Gombak) as our special guest for the occasion. Those present for the day patronised the respective booths set up and many were attracted to the booth set up by PDRM Traffic/Narcotics Division and Jabatan Keselamatan Jalan Raya Neger i Selangor. For this programme, LACS distributed 412 leaflets/book lets, 27 clients were

interviewed by our 8 volunteer lawyers and 4 chambering pupils. The highlight of the day’s event was the musical performance by the rock band “Reborn” The band sang and played songs that were well received by the crowd most of whom were enjoying

themselves enormously. The event ended with the lucky draw which brought smiles all round for the winners followed by a final speech given by me. All the events organ ised by LACS was a success and special thanks and appreciation must be extended to all the members of LACS MP and also the support, contribution and assistance

rendered by all members of SBC and the respective lawyers from Selangor. The year under review witnessed a surge in the number of walk in clients and enquiries via the telephone. This is a result of LACS’s thrust towards its law awareness outreach programmes where

more people are made aware of the existence of LACS. It is heartening to note that certain Session and Magistrate courts in Selangor have also assisted in directing unrepresented accused or his /her family members to LACS for assistance in obtaining legal representation.

Another milestone that heralds the efficiency and effectiveness of LACS is the recent opening of a distinct Disbursement Account to streamline the management of accounts in LACS. We are grateful for the advice given by SBC on the necessity for such an account to avoid difficulty in reconciling of accounts in the LACS.

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Encouraged by the extensive publicity and awareness of LACS, another legal aid serv ice centre was set up in Kuala Selangor and has commenced operation since 10

th December 2007. Many factors

influenced the choice of this new centre; fir stly there is a need to reach out to the poor and needy in

the outskirt of the Klang Valley. Secondly, a suitable centralised location to serve the surrounding areas like Batang Ber juntai, Kuang, Ijok, Batu Arang, Jeram, Assam Jawa, Sekinchan, Sungai Besar and parts of northern Klang. LACS has rented a fir st floor shop office having its address at No. 32, 1st. Floor, Jalan Bendahara

1/1, Taman Bendahara, 45000, Kuala Selangor, Selangor Darul Eshan. The location of this centre is ideal, fronting the main trunk road leading towards the old town of Kuala Selangor and within the vicinity of the Police Station and the neighbouring Magistrate

courthouse. The centre will operate in itially at t wice a week from 10.00am to 5.00pm on Tuesdays and Thursdays. The Legal Officer from Shah Alam shall commute on the said days to provide adv ice and record briefs for further action.

We are proud to inform that LACS under the guidance of SBC is among a few LACs that operates a branch in a rural area providing legal representation to the poor and needy. However the success of this new centre will depend largely upon the combined efforts of SBC, volunteer lawyers and LACS staff in the spirit of volunteerism and justice. We are confident that with the support of SBC mem bers and Selangor lawyers, much can be achieved in fulf illing the ultimate aim of volunteer ism through legal aid, an aspiration and concern of the Bar Council as evident from its resolutions passed during the 49th AGM held in 1995 and reiterated during its recent AGM held in 2007. Although many lawyers in Selangor have vo lunteered to offer their services to LACS, sadly there is still a need for more dedicated volunteers due to the increase number of cases that qualify for assistance. We believed that this situation will improve, now that SBC has intensified and in itiated

its effort to encourage more lawyers to register with LACS through their appeal to all the legal firms in Selangor. We sincerely congratulate SBC for painstakingly sending out large numbers of letters to all the legal firms and which we are grateful for their accomplishment of such a Herculean task. We anticipate with hope that assistance is forthcoming and that quality legal representation is

made available to more legal aid clients in the near future. Besides my role as Chairperson in LACS, I have participated actively in the Human Rights & Criminal Law Committee of wh ich meetings have been conducted with the respective Shah Alam High Court judges and specif ically I have initiated and offered to assist the Shah Alam Session

Courts through LACS in prov iding legal aid for unrepresented accused appearing before the said courts. To date, LACS vo lunteer lawyers are currently handling 18 assigned cases. Such collaboration bet ween LACS and the courts have entrenched the concept of justice, hope and conservation of human rights made available to every human being.

In terms of fut ure p lan, with the assistance, support and encouragement of all members of SBC and volunteer lawyers in Selangor, LACS asp ire and work towards the following:-

- Set up another new legal aid centre probably in Semenyih to extend legal aid to a more diverse and needy clients in the rural areas around the southern corr idor of the Klang Valley and also to provide legal representation to migrant detainees housed at Semenyih detention centre.

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- To conduct dock brief programme at proposed Magistrate courts in the respective districts of Selangor with prior consent from SBC and the respective courts.

- To independently organised the respective legal aid programmes in collobration with the current NGOs and prison visit to Sg. Buloh.

- To conduct independently orientation programme for pup ils, motivation courses and dock brief training sessions.

- Set up a mobile legal aid centre.

LACS would like to appeal to volunteer lawyers to extend their assistance in organ ising the

relevant talks/seminars for our pup ils and special thanks goes to members of the Management Panel for helping LACS throughout this year in conducting the relevant training sessions for the benefit of the chambering pup ils.

We are pleased to inform that the National Legal Aid Committee (NLAC) at their recent Budget meeting have acknowledged the efforts made by LACS including its achievement for the current year. NLAC in principle have approved and increased LACS’s budget by about 40% of the previous year’s approved budget. LACS is indeed encouraged by this confidence given by NLAC

and we hereby wish to record our thanks and appreciation to the Chairman of NLAC, Mr. Cecil Rajendra and the Finance Committee of the Bar Council for its support and henceforth LACS shall endeavour to perform better in the year 2008. In conclusion, I would like to express my heartfelt gratitude to all members of SBC and my sub – committee for 2007/2008 for extending their invaluable assistance, suggestion, constructive criticism and unselfish support, without which I may not have performed my duties and responsibilities to expectation. My thanks to all volunteer lawyers who have offered their assistance and to all the LACS staff for their commitment and dedication in serving the LACS. Report submitted by:

RAJPAL S INGH Chairman, Legal Aid Centre Selangor

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PROGRAMMES UNDERTAKEN BY LEGAL AID CENTRE SELANGOR FOR 2007:-

Programmes Batch Date Time Venue Num. of Students

AWAM Batch 10 26.02.07 - 26.05.07 10.00am - 4.30pm Petaling Jaya 6

SIS Batch 10 26.02.07 - 26.05.07 10.00am - 4.30pm Petaling Jaya 2

WAO Batch 10 26.02.07 - 26.05.07 10.00am - 4.30pm Petaling Jaya 1

CONSUMER Batch 7 26.02.07 - 05.06.07 10.00am - 4.30pm Petaling Jaya 5

SG. BULOH Batch 7 13.03.07 - 22.05.07 8.30am - 3.00pm Legal Aid Centre (KL) 4

AWAM Batch 11 21.05.07 - 18.08.07 10.00am - 4.30pm Petaling Jaya 6

SIS Batch 11 21.05.07 - 18.08.07 10.00am - 4.30pm Petaling Jaya 2

WAO Batch 11 21.05.07 - 18.08.07 10.00am - 4.30pm Petaling Jaya 1

CONSUMER Batch 8 11.06.07 - 15.09.07 10.00am - 4.30pm Petaling Jaya 5

SG. BULOH Batch 8 05.06.07 - 07.08.07 8.30am - 3.00pm Legal Aid Centre (KL) 2

AWAM Batch 12 13.08.07 - 10.11.07 10.00am - 4.30pm Petaling Jaya 7

SIS Batch 12 13.08.07 - 10.11.07 10.00am - 4.30pm Petaling Jaya 3

WAO Batch 12 13.08.07 - 10.11.07 10.00am - 4.30pm Petaling Jaya 1

CONSUMER Batch 9 24.09.07 - 28.12.07 10.00am - 4.30pm Petaling Jaya 5

SG. BULOH Batch 9 21.08.07 - 06.11.07 8.30am - 3.00pm Legal Aid Centre (KL) 4

AWAM Batch 13 05.11.07 - 02.02.08 10.00am - 4.30pm Petaling Jaya 6

SIS Batch 13 05.11.07 - 02.02.08 10.00am - 4.30pm Petaling Jaya 3

WAO Batch 13 05.11.07 - 02.02.08 10.00am - 4.30pm Petaling Jaya 1

CONSUMER Batch 10 Next Year 10.00am - 4.30pm Petaling Jaya None

SG. BULOH Batch 10 20.11.07 - 22.01.08 8.30am - 3.00pm Legal Aid Centre (KL) 4

TOTAL 68

Programmes Num. of Students Duration Venue Mitigation

Dock Brief 61 Jan - Dec 2007 Shah Alam Magistrate Court 155

TOTAL FILES OF THE CENTRE:-

Files Opened in 2007 Advice File for 2007

FILE CATEGORY NUM. OF FILES FILE CATEGORY NUM. OF FILES

Criminal 57 Criminal 67

Family / Syariah 32 Family / Syariah 75 Employment 4 Employment 37

Court assigned files 18 Miscellaneous 142

Miscellaneous 0 Law Awareness fi les (Interview Sheets) 89

TOTAL 111 Law Awareness fi les (Leaflets) 3835 TOTAL 4245 Files Closed in 2007

FILE CATEGORY NUM. OF FILES

Criminal 43 Family / Syariah 11

Employment 4

Court assigned files 1

Miscellaneous 0

TOTAL 59

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LAW AWARENESS (A). MONFORT BOYS TOWN ( 6th MAY 2007 )

ISSUES INVOLVED

FAMILY 5

LAND 2

CONTRACT 2

COMPANY 1

OTHERS 28

NO. OF PAMPHLETS

DISTRIBUTED / ADVISED :297

NO. OF CLIENTS INTERVIEWED : 38

VOLUNTEER LAWYERS : 7

CHAMBERING STUDENTS : 2

(B). KOTA KEMUNING ( 22nd JULY 2007 )

ISSUES INVOLVED

CONTRACT 5

OTHERS 5

NO. OF PAMPHLETS

DISTRIBUTED / ADVISED : 251

NO. OF CLIENTS INTERVIEWED : 10

VOLUNTEER LAWYERS : 3

CHAMBERING STUDENT : 1

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(C). ST.ANNE'S CHURCH ( 29th JULY 2007 )

ISSUES INVOLVED

FAMILY 6

CRIMINAL 1

LAND 2

CONTRACT 1

EMPLOYMENT 1

OTHERS 3

NO. OF PAMPHLETS

DISTRIBUTED / ADVISED :275

NO. OF CLIENTS INTERVIEWED : 14

VOLUNTEER LAWYERS : 10

CHAMBERING STUDENTS : 0

(D) NATIONAL LAW AWARENESS WEEK

(1). DATARAN MERDEKA (30TH AUGUST 2007)

NO. OF PAMPHLETS (RED BOOK)

DISTRIBUTED / ADVISED : 600

VOLUNTEER LAWYERS : 2

(2). STAMFORD COLLEGE ( 4th SEPTEMBER 2007 )

NO. OF PARTICIPANTS : 47 Q & A "RedBook"

VOLUNTEER LAWYERS : 5

CHAMBERING STUDENTS : 0

NO. OF "REDBOOK" PAMPHLETS

DISTRIBUTED TO SCHOOLS : 2000

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(3). DEWAN MPS TAMAN GOMBAK ( 8th SEPTEMBER 2007)

(i) PARTICIPANTS / EXHIBITION BOOTH

POLIS DIRAJA MALAYSIA (TRAFIK / NARKOTIK)

SURUHANJAYA PILIHAN RAYA

PERSATUAN PENGASIH MALAYSIA

JABATAN KESELAMATAN JALAN RAYA NEGERI SELANGOR

SISTERS IN ISLAM CENTRE

PUSAT KOMUNIKASI MASYARAKAT

AWAM CENTRE

AMNESTY INTERNATIONAL MALAYSIA

LAC, SELANGOR

(ii) ENTERTAINMENT - ROCK BAND "REBORN"

(iii) LAC, SELANGOR.

ISSUES INVOLVED

CRIMINAL 7

FAMILY 3

CONTRACT 2

LAND 7

OTHERS 8

NO. OF PEOPLE ATTENDED : 300

NO. OF CLIENTS INTERVIEWED : 27

NO OF PAMPHLETS

DISTRIBUTED / ADVISED : 412

VOLUNTEER LAWYERS : 8

CHAMBERING STUDENTS : 4

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MANAGEMENT PANEL MEETINGS FOR 2007

NAMES ATTENDANCE Mr. Rajpal Singh 6 Mr. R.V. Lingam 3

Mr. A.G. Kalidas 3

Mr. Ramesh K Supramaniam 4

Mr. Mejar Abdul Khadir Bin Abdul Ghani 4 Mr. Ramu 3

Ms. Renuka 4

Mr. Murali Velautham 3

Mr. Ng Chung Yee 3 Mr. Logendran 0

Mr. Alvin Neo 0

Mr. Suraj Singh 2

Ms. Kunamony Kandiah 0 Ms. Suzanawati 1

Ms. Sumathi Murugiah 1

Mr. George Varughese 3

TOTAL ACTIVE FILES FROM 2002 - 2007

FILE CATEGORY YEAR 2002

YEAR 2003

YEAR 2004

YEAR 2005

YEAR 2006

YEAR 2007

Criminal 2 7 17 18 31 56

Family / Syariah 2 2 6 9 15 30

Employment 0 0 0 0 0 2

Miscellaneous 0 0 0 2 0 0 Law Awareness Files 0 0 0 0 0 0

TOTAL 4 9 23 29 46 88

TOTAL ADVICE FILES FROM 2002 - 2007

FILE CATEGORY YEAR 2002

YEAR 2003

YEAR 2004

YEAR 2005

YEAR 2006

YEAR 2007

Criminal 1 15 35 0 37 67

Family / Syariah 0 16 20 11 47 75

Employment 0 0 0 0 0 37 Miscellaneous 0 0 0 0 0 142

Law Awareness Files 0 0 0 0 318 3924

TOTAL 1 31 55 11 402 4245

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LIST OF VOLUNTEER LAWYERS

1 A.G. Kalidas 64 Musa Awang 2 Abdul Razak Bin Jamaludin 65 Nadarajan 3 Abdul Razak Hussain 66 Ng Chung Yee 4 Abdul Shukor Bin Mohd Yusof 67 Nor Hazura Binti Hamzah 5 Abun Sui Anyit 68 Norhayati Binti Abd Manan 6 Adi Harman Bin Hj Mawardi 69 Nur Hidayaty Binti Maidin 7 Adri Amrul Bin Ariffin 70 Pramjit Kaur 8 Alvin Loo Wi Chung 71 R. Paranjothi Avaiya Selvi 9 Alvin Neo 72 R. V. Lingam

10 Anand 73 Raippen 11 Anita John 74 Raja Ismail 12 Arvinder Singh 75 Rajpal Singh 13 B.S Ananthan 76 Ramesh K. Supramaniam 14 Bernard Scott 77 Ramu 15 Boestamam Bin Ahmad 78 Raymond Chu Hon Fai 16 Chan Chin Chye 79 Razie Aini Binti Abdul Razak 17 Chan Yiew Hock 80 Rehvathi 18 Clement G Lopez 81 Renuka 19 Danendra Markandu 82 Rodzim 20 Dasmit Kaur 83 Roland Engan 21 David Lingam 84 Rozita Binti Shaikh Salleh 22 Dev Anand 85 S. Rathakrishnan 23 Devadason 86 S. S Ravichandran 24 Edwin Johnson 87 Saladin Bin Mohd Yasin 25 Esther 88 Salim Bin Bashir Bhaskaran 26 Esther Tan Siew Choo 89 Sandosh Anandan

NATIONAL LEGAL AID MEETINGS FOR 2007

Total Meetings Attendance (Chairperson) 5 4

TRAINING SESSION FOR PUPILS AT SLAC

DATE TIME SPEAKER ATTENDANCE 04.06.2007 3.00pm - 5.00pm Renuka & Ramesh 29 pupils

30.08.2007 3.00pm - 5.00pm Rajpal Singh & Ramesh 32 pupils

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27 Ganabatirau a/l Veraman 90 Saravanan28 George Varughese 91 Savinderjeet Kaur 29 Gerard Lazarus 92 Selayamani 30 Haji Nordin 93 Shahul Hameed Bin Abdul Wahab31 Hanif 94 Shalini Devi32 Hasshahari Johari Mawi 95 Shengar33 Huzaini Bin Hussin 96 Shirdieswaran34 Imran 97 Shuib35 J. Christoper Joseph 98 Sivarajan36 J.R. Ravendren 99 Sivashankar 37 Jacqueline Lee Hwai Chuen 100 Sonia Jayantkumar Shah38 Jamaludin Bin Ibrahim 101 Sritheran39 Jane Pragasam 102 Steven Tai 40 Jayamurugan 103 Suhaida 41 K. Ravindran 104 Sukdev42 Kanarasan 105 Sumathi Murugiah 43 Krishnamurthy 106 Suriati Binti Ghani 44 Kuek Wee Teng 107 Suzana Ismail 45 Kulasekar 108 T.K. Lee 46 Kunamony Kandiah 109 Tay Keng Seng47 Lana Azman Bin Eli 110 Tejindarpal Kaur48 Lee Teong Hooi 111 Teng Chang Khim 49 Lo Soo Jeng Daniel 112 Thangadurai50 Logendran 113 Theivaendran51 M. K Thas 114 Toh Ah Noi52 M.J. Amutha Murugasan 115 Vasudevan Appu53 Maria Vivienne Pereira 116 Vicky54 Mary Ann John 117 Vignesh55 Mary Song 118 Vijay Chander Rajendran56 Ghani 119 Vilasini Menon 57 Moeis 120 Vincent Vijayan 58 Razali 121 Visnuvarman 59 Mohammad Rosli Bin Mohd Ayub 122 Wong Kim Ho60 Mohd Hisham Bin Mohd Nazir 123 Wong Wai Yee61 Mohd Shah Hime Nazir 124 Yoganathan Ramasamy 62 Murugan 125 Yong Soon Ching63 Murugesan 126 Zalina Binti Abidin

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SUB-COMMITTEE REPORTS

SECRETARIAT, FINANCE, LIBRARY & BUILDING

Chairperson : A G Kalidas Ex-Officio : RV Lingam

The committee this year conducted its affairs having in mind that it is the members funds which are being utilised. The challenge was to give value added services while keeping total expenses lower or at least equal to total expenses of the preceding year. The total expenditure incurred by Selangor Bar for the year 2007 was RM531,989.00. It is rather satisfying to note that the total expenditure after deducting expenses specific to 2006 like building renovation cost and etc, value added service like SMS alert, CLJ online and purchase of jerseys for Selangor Bar sports contingent were possible without any significant difference in the expenditure. The total income derived by Selangor Bar in the year 2007 has also increased (without taking into account renovation of building funds specific to 2006) to RM607, 254.00. The primary sources of income were again members' annual subscriptions. Although there has been increase in cost of providing some of the following services, it has not been passed on to general members of the Bar and the fees charged have been maintained and in some cases even reduced as compared to year 2006 so as not to burden members who used the said facilities and services. The relevant rates for members are as follows:

• Photocopying charges in the library - RM0.20 per copy • Photocopying charges in S.A Bar Room - RM0.30 per copy • Use of CLJ Online in the library - RM5.00 per 30 minutes • Printing from CLJ Online - RM0.20 per page • Placing of classifieds on website - RM20.00 per week • Rental of bands/bibs in S.A. Bar Room - RM5.00 per item • Rental of collars/robes in S.A. Bar Room - RM5.00 per item • Registration fee to attend Seminars/Talks - RM30.00 or below, chambering pupils free for some talks.

The response for other income generating services such as advertisements placed in the Ad Rem publication and the Selangor Bar website are still not encouraging. These facilities are provided at nominal charges and members are encouraged to use them as it will provide an income source for the Selangor Bar which will in the long run benefit members themselves. The Selangor Bar Building expenses demands special mention. A facility of RM455, 000.00 was taken in August 2005 to part-finance the purchase of the building. So far interest of about RM55, 590.26 (as of December 2007) has been paid. Current interest rate is BLR(6.75%)+0.8% = 7.55%p.a. and we have a balance of RM397,037.79 to pay. That would mean the Selangor Bar will have to pay interest of about RM200,000.00 for the loan tenure of almost 152 months left provided the BLR remains the same. Otherwise we will end up paying more.

A G Kalidas

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The Selangor Bar is in a healthy financial state and it will not harm the Selangor Bar to pay an additional sum of RM50, 000.00 a year for the next 7 to 8 years and complete the loan repayment sooner in order to save a substantial amount in interest. The money saved can be used for the benefit of the members instead. This is a crucial point for the general members of the Selangor Bar and the incoming Committee to ponder as the discounted interest rate period has ended. The Selangor Bar's income and expenditure account for 2007 reveals a surplus of RM75,265.00. Selangor Bar’s accumulated funds as at 31st December 2007 comprise RM556,720.00 in fixed deposit accounts and RM25,949.00 in the current account. Therefore, it is only prudent to decrease Selangor Bar’s Liability as the cost of fund for the facility taken is high. We have seen cost of living going up in the year 2007 and directly or indirectly this has affected the Selangor Bar expenses which demanded vigilance and prudence in the management of the funds available. While it would definitely put the incoming committee in a very comfortable position if the annual subscription is increased (a RM50.00 increase per member would produce an additional income of more than RM150, 000.00 a year), I am of the humble view that the time has not come for such a measure. With proper financial management, the committee can proceed comfortably with its yearly affairs with the current healthy and stable financial position. It is pertinent, taking into consideration of the current uncertain economic climate, to not to saddle the members with this additional burden. The details of Selangor Bar's income & expenditure and balance sheet are set out in the Audited Accounts annexed in the Annual Report. SECRETARIAT The Selangor Bar Secretariat faced additional challenges this term as two of its staff namely, Ms. Ann Maria (Executive Secretary) and Mr. Thilainathan resigned on May 2007 as they have found alternative employment. Some of the sub-Committees under the stewardship of the respective Chairpersons have performed extraordinarily well this term which in turn demanded a high level of commitment from the secretariat especially when some committees failed to attract enough general members of the Selangor Bar to serve in the respective committees. However, I am proud to say that the staff have risen to the challenge and performed their duties well regardless of the fact that the secretariat was short of staff at material time. The Committee was also deprived of an Executive Secretary. So far the committee could not find a suitable candidate to fill the post. The committee did not want to fill the post for the sake of filling it as it is now in the drive of engaging suitable candidates in the secretariat to meet the increasing demand of the committee members and general members of the bar. The office hours of the Secretariat remain unchanged i.e. Mondays to Fridays from 8.30am to 5.30pm. Despite their designated workload, all staff do contribute and assist one and other in executing their respective duties. Further all staff are collectively involved in the running of all major functions and events organized by the Committee and its sub-committees. The staff's respective designations and departmentalised workload are as follows:- Vasantha Executive Officer

Attend to reception, attend to correspondences and e-mails, assist in issuance of Sijil Caruman, and assist in organization of events and functions

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Staff in charge of 'Secretariat & Building', Human Rights & Criminal Law' and Court Liaison' sub-committees.

Shariza Accounts Executive

Administration of Secretariat finances, preparation of Secretariat accounts, issuance of Sijil Caruman, update membership programme. Staff in charge of 'Secretariat, Finance & Building', 'Conveyancing Practice, SROE, Corporate & Banking Law' and 'Publication' sub-committees.

Shahnizam Executive Officer / Librarian

Administration of the library, administration of the website, issuance of circulars and notices. Staff in charge of 'Library' and 'IT' sub-committees.

Norazlina Executive Officer

Administration of chambering pupils affairs, update record of chambering pupils, organization of SeminarslTalks, attend to outgoing works. Staff in charge of 'Chambering Pupils Affairs & Continuing Legal Education' and 'Continuing Legal Education & Syariah' sub-committees.

Khairul NizamGeneral Clerk

Administration of secretariat office in the Shah Alam Bar Room, administration of the B. C. Boxes, administration of the Bar Rooms, update notice boards, recording and filing of Sijil Caruman, attend to outgoing works.

Staff in charge of 'Sports' sub-committee. LIBRARY Selangor Bar Library is now one of the best equipped law libraries in Selangor.

The library houses MLJ, CLJ, AMR, Industrial law and All England Law reports. The library also houses CLJ online for two users.

Over and above the books, added services like wireless internet facilities (free of charge) and photocopier are available for the sole use of members.

A full time librarian is always present in the library to assist the members.

Substantial amount of monies have been invested by previous committees and the current committee in the purchase of books having the interest of the members in mind. However, the usage of the library by members is rather disappointing. Members are encouraged to make full use of the library in order for the committee to consider upgrading it in the future. The details of books purchased in 2007 and cost of the same are as follows: Purchase From Description Net Amt. Total

Amt.

KH LAW BOOKS SERVICES

Vohrah & Hami d on the Mal aysian Penal C ode'06 335.75

Hisyam Teh : T he Law on Drugs Possession and Trafficking'06 297.50

Chan & Koh : Malaysian Company Law 2nd ed'06 420.75

Wan Azlan & Ni k Ahmad: Admi nistrati ve Law i n M'sia'06 212.50

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MLJ Hbk Sers : Specific Perfor mance'06 238.00

MLJ Hbk Sers : Land Acquisition Hbk'06 195.50

MLJ Hbk Sers : Labour Law'06 408.00

MLJ Hbk Sers : Insurance 408.00

Nasser : Default Judgements -Setti ng Aside'06 170.00

Desktop Research Series : Medical Negligence'06 153.00

Poh : Principl es of Insurance Law 6th Ed 637.50 3,476.50

JOSHUA LEGAL ART GALLERY

Augustine Eviden Pract & Proc're 3Ed'03 408.00

Industrial Relati ons M'sian 3Ed'03 246.50

MLJ Hbk Sers-Enforcement Of Charges 408.00

MLJ Hbk Sers-Insurance 408.00

MLJ Bhk Sers-Child 408.00

MLJ Hbk Sers-Civil Appeals 2Ed 408.00

MLJ Hbk Sers-Bankg & N egotbl 408.00

MLJ Hbk Sers-Bankrcy 2Ed 408.00

MLJ Hbk Sers-Companies Winding Up 408.00

MLJ Hbk Sers-Marriage & Dissolutions 408.00

MLJ Hbk Sers-Defamation 408.00

MLJ Hkb Sers-Enforcement Judgment 408.00 4,734.50

SWEET & MAXWELL ASIA

Singapore Precedents of Pleadings 1,170.00

Law of Confessions 265.50

Divorce & Matrimonial Proceedings 135.00

M'sian Stamp D uty Handbook 3Ed 81.00

Equity & Trusts i n Malaysia 162.00

The Trial Lawyer's Companion 252.00

Customs Offences (HB) 166.50

Keati ng on C onstruc tion Contracts 8Ed 1,984.50

The Arbitr ation Act 2005:A Commentar y 162.00

Civil Remedies In M alaysia 225.00 4,603.50

JOSHUA LEGAL ART GALLERY

MLJ Hbk Sers-Injuncti ons 408.00

MLJ Hbk Sers-Companies General 408.00

MLJ Hbk Sers-Judicial Review 408.00 1,224.00

SWEET & MAXWELL ASIA

Gatley Libel & Sl an 10Ed+Sup1 2,387.70

SWEET & MAXWELL ASIA

Cw&Percy:Neg 11Ed 1,732.50 4,120.20

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MARSDEN LAW BOOK SDN.BHD.

Real Property-Limitation of Acti ons Limitation Act 1953 (Act 254), Sabah Limitation Ordinance (CAP 72), Sarawak Limitation Ordinance

207.00

Sihombing on m'sian Conveyancing - 3 Vol 1,950.00

Internet Banking: Law & Practice 207.00

Nelson's Law Of Injunctions , 4th Edi-2005 351.00

Sihombing on The National Land Code-A Commentar y - 3 Vol 1,850.00

Company Law, Powers & Accountability, 2003 805.50 5,370.50

LexisNexis Constitutional Landmarks i n Malaysi a 89.90 89.90

Prolaw Librar y Management

1983-2003 ILR -2nd H and Set 8,500.00 8,500.00

JOSHUA LEGAL ART GALLERY

All England Law Reports 1999 Vol 1-4 1,200.00

All England Law Reports 2003 Vol 1-4 1,200.00

All England Law Reports 2004 Vol 1-4 1,200.00

All England Law Reports 2005 Vol 1-4 1,200.00

All England Law Reports 2006 Vol 1-4 1,200.00

All England Law Reports 2007 Vol 1-4 1,200.00

All England Law Reports 2008 Vol 1-4 1,200.00

All England Law Reports 2009 Vol 1-4 1,200.00

All England Law Reports 2010 Vol 1-4 1,200.00 10,800.00

Prolaw Librar y Management

2004 ILR Bound Volumes 835.00

Prolaw Librar y Management

2005 ILR Bound Volumes 855.00

Prolaw Librar y Management

2006 ILR Bound Volumes 895.00

Prolaw Librar y Management

2007 ILR Bound Volumes 795.00 3,380.00

The M'sian Current Law Journal S/B

2008 CLJ 1,215.00

The M'sian Current Law Journal S/B

2008 CLJ Supplementary Series 535.00

The M'sian Current Law Journal S/B

2008 Industrial Law Reports 850.00 2,600.00

SWEET & MAXWELL ASIA

All M'sia Reports 2008 1,170.00 1,170.00

MLJ SDN BHD M'sian Prece & Frms Vol M-Noter Up'06 320

MLJ SDN BHD Halsbur y Laws Of M'sia V 21 Reissue 2006 900 1,220.00

MLJ SDN BHD M'sian Crt Frm - Iss 49 330 330.00

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MLJ Consl Idx 2003-2005 T able Idx 330 330.00

MLJ SDN BHD Halsbur y Laws Of M'sia V 14 Reiss 2006 900

Halsbur y Laws Of M'sia V 6 (1) Reiss 2006 900 1,800.00

MLJ SDN BHD M'sian Prece & Frms-Vol C-Noter Up'06 336

Halsbur y Laws Of M'sia V 17 Reiss 2006 900

MLJ 2006 Vol 7 Bnd 300

Halsbur y Laws Of M'sia Curr Sr vc 11 2006 250 1,786.00

MLJ SDN BHD M'sian Crt Fms - Iss 50 350

Halsbur y Laws Of M'sia V 19 Reiss 2007 900 1,250.00

MLJ SDN BHD MLJ 2007 1,850 1,850.00

MLJ SDN BHD Halsbur y Laws Of M'sia Curr Sr vc 12 2007 250

M'sian Crt Fms - Iss 51 375 625.00

MLJ SDN BHD M'sian Prece & Frms-Vol A-Noter Up'07 650

Halsbur y Laws Of M'sia V 9 (2) Reiss 2007 900

Atkin's Court F ms Iss 52 -20 Sept 07 450 2,000.00

MLJ SDN BHD Halsbur y Laws Of M'sia V 7 (1) Reiss 2007 900

Halsbur y Laws Of M'sia V 7 (2) Reiss 2007 900

Halsbur y Laws Of M'sia V 13 Reiss 2007 900 2,700.00

MLJ SDN BHD Halsbur y Laws Of M'sia V 9 (1) Reiss 2007 900

Halsbur y Laws Of M'sia V 22 Reiss 2007 900

M'sian Prece & Frms-Vol E-Noter Up'07 700

MLJ 2008 PTS Onl y Subn 1,850 4,350.00

MLJ SDN BHD Atkin's Crt Fms M'sia Iss 53 380

Halsbur y Laws Of M'sia V 8 Reiss 2007 900 1,280.00

Total: 69,590.10

BUILDING It is a huge step, and in the right direction, to be able to buy a building of our own. However as with any other building the Selangor Bar building also needed attention as there were repairs needed to be done and it has to be maintained regularly.

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There were several problems which needed to be rectified. Some of the problems are electrical and wiring problems at the first and second floors of the building. The toilets on the ground floor have experienced serious plumbing problems. The pipe from the 1

st floor was leaking and the ceiling

had water stains and it finally gave way. There was backflow of smelly and dirty water. There were also termite infestations in the ground floor bathroom doors. All the problems were given due attention and all faults were rectified accordingly. Note of Thanks I wish to record my appreciation to the members of the Selangor Bar for voting me into the committee and giving me an opportunity to serve my learned brothers and sisters in the very profession of which I am proudly a member. I wish to also thank the Chairman, Committee members and the staff of the secretariat for their valuable input, guidance and hard work.

Report submitted by : A. G. KALIDAS Hon.Secretary Of Selangor Bar & Chairperson Of Finance, Secretariat & Library Sub-Committees

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SUB-COM MITTEE REPORTS

SOCIAL, CHARITY & WELFARE

Chairperson : Suzanawati Ismail Co-Chairperson : Suraj Singh

Members : Zainuddin Bin Abdul Razak Haslina Bt Mohd Nor Aziana Bt Abu Salim Bin Bash ir Shariah Bt Abu Ex-officio : RV Lingam A.G. Kalidas

For year 2007 – 2008, I was made chairperson for this committee, and in managing a practice of my own, wife and mother, I am very well aware of the arduous task ahead of me in running this committee, but it never dampened my spir it to pull my strength together to make it a successful committee.

My immediate work was to organise the customary event of Selangor Bar, that is the Malam Suai Mesra, wh ich I adjectively branded as “Retro-Nite”, that took off on 25/5/2007. The response was good and record breaking in terms of members participation. Credit also ought to be given to my

Co-chair, Mr. Suraj Singh in helping me to organise and more so in talent scouting for the Band group that entertained the crowd on that Nite’. There was participation of fellow members from other state Bars, members of Judiciary ( 3 High Court Judges ), and members of government.

Annual Dinner and Dance Selangor Annual Dinner & Dance was hosted on 2

nd November 2007 at Concorde Hotel, Shah

Alam. It was encouraging to note the participation of members and government officials. We had a

sitting High Court Judge, a former Court of Appeal Judge and State Legal adviser as our guest of Honour. We had the privilege of welcoming the Bar president herself to grace the occassion and deliver her maiden speech, in Selangor Bar, since she was elected the Bar president. Neger i Sembilan Royal Cultural group added flavour to the event, it was an excellent cult ural performance and the stand-up comedian “Helmi the Gimmic” performed with his usual cross-cultural jokes and songs. We manage to secure a lot of sponsors from members and corporate bodies like Puncak Niaga and Syabas (M). The event was reported by some dailies. In short, it was memorable event that left a lasting impression on some of us.

Visit to Children Ward, HTAR, Klang This event was jointly organised with Syariah Sub-Committee and was held on 23/1/2008 at 10.00 a.m. There were about 100 patients with different illness. We engaged a clown to entertain them

Suzanawati Ismail

Suraj Singh

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and presented with gifts from lawyers. We also donated books and magazines given by sponsors Karangkraf and Galeri Ilm u. It was a great success and there was a considerable interest by members of the legal profession.

Fam ily Day It was a jointly event with the sports sub-committee and was held on 4/8/2007. At fir st we p lanned for a separate family day, health campaign and jumble sale but because of busy a schedule, we

thought it would be better to combine this event. There were other visits planner for example, Visit to Sri Kenangan Old Folk Home and Rumah Kebajikan Tengku Budriah but due to their renovation in process, the plans have to be abandoned

and hope future committee will take it from where we off. Note of Thanks Members, I have tried my utmost best to serve the State Bar on this portfolio given, and I believe some progress and changes have been made on some fronts, and my sincere apo logy on any shortcomings. I like to take this opport unity to thank Chairman and fellow friends in the main committee for their co-operation, to my sub-committee members and secretariat staff for their hardwork and dedication in making every event successful, and last but not least the Bar members for your support and trust given to me. Thank you. Report submitted by:

SUZANAWATI ISMAIL Chairperson, Social, Welfare & Char ity Sub-Committee

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SUB-COMMITTEE REPORTS

SPORTS

Chairperson : Logendran

Co-Chairperson : Alvin Neo

Advisor : K.Puspalingam

Members : Danendra Markandu

Dev Anand Pillai

Johanna Solomon

Law How Chong

Marian Nisha Supaya

Mohan Ramakrishnan

Muhammad Rafique Rashid Ali

Murali Velautham

Ng Sor Peng

Norhishamuddin Mohd Nordin

Normala Mohammad Mukhtar

Ponmalar

Rodzim Zaimy

Sandosh Anandan

Savinderjeet Kaur

V Kirupakaran

V Pavani

Yesotha Nathan

Ex-officio : RV Lingam

A.G. Kalidas

The Sports Sub-Committee has been active since the beginning of the year 2007 with activities/sports

events, organised by the members. The committies activities for the year 2007/2008 so far are:-

1. SELANGOR BAR C UP The tournament was graced by the fans of the English Premiership clubs namely Manchester United,

Liverpool and Arsenal. The teams comprised of members of the Bar who supports the three teams

and they turned up in full force for the tournament. The fans of Manchester United team walked

away as champions. The event was organised at the Petaling Jaya (Old Town) field.

2. SELANGOR/NEGERI SEMBILAN GAMES SERIES

These games were held in Seremban, where the Negeri Sembilan played host this year. A total of 7

games were played and Negeri Sembilan team emerged as the overall winner with a score of 4-3.

3. SELANGOR LAW GAMES 2007 The event was held on 4/8/2007 at UITM Shah Alam sports complex. This games were hosted jointly

by the Polis DiRaja Malaysia (PDRM) Selangor, Mahkamah Selangor, UITM Shah Alam and Selangor

Logendran

Alvin Neo

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Bar Committee. A total of 6 games were played and PDRM Selangor emerged as the overall

champion.

Finally, the sports sub-committee wish to thank all the members who have participated and assisted in

organising the above mentioned events.

Report submitted by:

LOGENDRAN

Chairperson,

Sports Sub-Committee

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SUB-COM MITTEE REPORTS

SELANGOR BAR REPRESENTATIVE'S

This term Selangor Bar had t wo members in the Bar Council (BC) namely the Chairman and the undersigned. At the first BC meeting I was elected as the Treasurer. The Selangor Bar Chairman was appointed as Chairman of the Law Reform & Special Areas Committee and Deputy Chairman of the LawCare Fund Management Committee, and I was appointed to chair the Finance and Sports Committees. I also served in the PII and the Malaysian Law Conference Committees and the No Fault Liability Ad Hoc Committee.

To update members of the activities of the BC, besides the regular publications and circulars, General Statements and Decisions were published after every BC meeting to keep the members informed of the activities and decisions of the BC.

The following are some of the more important activities, issues and decisions todate:

(i) BC Walk Abouts – In order to reach out to members, the BC decided to do a “Walk

About” in all the states to inform members of the latest happenings at the Bar, to explain the position taken on various issues and more importantly to get members’ feedback, their needs and concerns. These Walk Abouts were indeed an eye opener and enabled the BC to serve the members better as the problems and requirements of members varied from state to state. In view of financial position of the BC the office bearer did

the Walk Abouts at their own expense; (ii) Professional Standards Course (PSC) - to improve the declining standards of pupils,

the new PSC was implemented for pupils replacing the Ethics Lecture Course;

(iii) Workshops - one-day workshops on management of law firms, management of clients’

account, risk management etc were conducted to enhance the level of knowledge and professionalism among members especially for members intending to start their own practice;

(iv) Malaysia International Islamic Financial Centre (MIFC ) - Bank Negara Malaysia is

proposing amendments to the Legal Profession Act to permit the entry of foreign lawyers to practise Islamic finance and cap ital markets laws either by way of a foreign law firm without any local partner or a Joint Law Venture (JLV). The BC’s position is that entry of foreign lawyers shall be only by way of JLVs with local lawyers and the JLVs shall only be permitted to engage in certain permitted practice areas. BC will also focus on Islamic banking and finance education to enhance the expertise of our

members to make them more competitive and to develop this area of practice. The BC is

George Varughese

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now conducting a Diploma in Islamic Law (Islamic Banking) (Executive) course with the International Islamic University Malaysia;

(v) Review of Judicial Crisis – an independent panel of eminent persons will be

established to review the 1988 Judicial Crisis and is expected to commence in early 2008;

(vi) Am endment to the Legal Profession (Amendment) Act 2006 – the further amendments may possibly be tabled during the next sitting of Parliament;

(vii) CTOS – Bank Negara confirmed that law f irms should not comply with their clients’ instructions to supply information to CTOS;

(viii) Appointment of Dr Badariah Sahamid – The Federal Court by a majority decision

dismissed the BC’s suit seeking a declaration on the issue of whether a person appointed as a Judicial Commissioner, ought to have been in practice for 10 years preceding his/her appointment by virtue of Article 122AB of the Federal Constitution read together with Article 123. The BC at its monthly meeting in January 2008 decided to

seek a review of the above decision;

(ix) Rights of Audience in the Industrial C ourts of Sabah and Sarawak – Advocates and Solicitors were required by the Sabah and Sarawak Immigration Departments to obtain ad hoc admission to the Sabah/Sarawak Bar as a pre-requisite to any application for work pass. After the annual dialogue with MITI, a letter has been sent to the Immigration Department conveying the stand of the Attorney General’s Chambers and MITI that work pass should be granted as a matter of course upon production of a letter from the Industrial Court;

(x) IRB Ruling – From 2008, PII premiums is allowed as a deductible item for income tax

purposes. The BC is following up with the IRB for confirmation that all PII premiums including premiums for top-up are deductible;

(xi) Walk for Justice – Following the revelation of the infamous video clip, the BC

organised the Walk for Justice on 26th

September 2007 to urge the government to set up an Independent Judicial Commission to enquire into the contents of the video tape and

to make recommendation to improve the judiciary and to set up a Commission on Judicial Appointments. At the end of the walk the office bearers delivered t wo memorandums in respect of the same to the Prime Minister’s office. A video documentary of the Walk as well as other challenges faced by the Bar throughout its history will be launched in early 2008;

(xii) 14

th Malaysian Law Conference – The biennial law conference focussing on 50 years

of independence and the constitution at the Kuala Lumpur Convention Centre from 29th-31st October 2007 was indeed a success. The SBC sponsored 24 members to participate

in this Conference;

(xiii) LawNet – The LawNet Serv ices was officially launched during the Malaysian Law Conference and nationwide road trips are being organised to other States to raise

awareness of this Service;

(xiv) Memorandum s – The BC inter alia presented/forwarded memorandums in respect of the following matters:

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(a) Prevention & Protection Against Fraudulent land Transactions – proposing

amendments to sections 187B and 340(3) and (4) of the National Land Code;

(b) Taxand Malaysia Sdn Bhd the consultants for Malaysian Bar made representations in respect of income recognition for tax purposes to the IRB;

(c) Proposed Construction Industry, Payment and Adjudication Act;

(d) The authenticity of the video clip to the Special Independent Panel ;

(e) The proposed No Fault Liability Scheme

(xv) Law Reform/Legislations – The BC was involved in the following:

(a) Draft Regulation for the Building and Common Property (Maintenance &

Management) Act 2007; (b) Amendments to the Industrial Relations Act 1967

In view of the current financial position, details of which are in the BC Annual Report, the BC will be tabling a motion to increase the annual subscription payable by members. There were 11 BC monthly meetings and 3 Special Meeting up to time of this report. The attendance record for the same are as follows: R.V. Lingam - 10

George Varughese - 14

This term has indeed been hectic and trying, juggling bet ween managing a small firm, serving the

SBC and as a BC office bearer, but thoroughly enjoying the challenge and experiencing immense satisfaction from it, all at the same time. For this I thank the members of Selangor Bar for giving me this opportunity to continue serving the Bar. Last but not in any way the least, I wish thank my colleagues in the Committee for all the support

and encouragement and the staff for all the assistance rendered during the year. Report submitted by:

George Varughese Selangor Bar Representative to the Bar Council 2007-2008

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No

Date / Day / Time/Venue

Events

Remarks

FEBRUARY

1 27th

- Tuesday, 3.00pm Kela b Sha h Alam

15th

AGM Selangor Bar Committee Meeting ended at 6.50 p.m.

MARCH

2 5th

– Monday, 5.00pm Selangor Bar Conference Room

1st

Committee Meeting Meeting ended at 7.00 p.m.

3. 20th -Tuesday, 2.30 p. m. 5.30 p.m.

Selangor Bar Conference Room

1st Introduction Session 2nd Committee Meeting

Addressed by Mr. Murali Meeting ended at 9.30 p.m.

APRIL

4. 10th -Tuesday, 5.30 p. m. Selangor Bar Conference Room

3rd Committee Meeting Meeting ended at 9.15 p.m.

5. 16th - Monday, 2.30 p.m. PJ Court

Courtesy call with the PJ Court. Report by Ms. Kuna.

6. 20th - Friday, 3.00 p.m. Courtesy call with the Klang Court. Report by Ms. Kuna.

7. 24th - Tuesday, 2.00 p. m. Sg. Buloh Prison

Courtesy call with the Pengarah, Penjara Sg Buloh. Report by Mr. Suraj

MAY

8. 04th -Friday, 2.45 p.m. Mahka ma h Sesyen, Shah Ala m

Courtesy call with the Shah Alam Sessio ns Court Report by Ms. Kuna.

9. 04th -Friday, 5.30 p.m.

Selangor Bar Conference Room

4th Committee Meeting Meeting ended at 8.30 p.m.

10. 12th-Saturday, 9.00 a.m. Padang 10, Petaling Jaya

Selangor Bar Cup (Football) Report by Mr. Logen

11. 24th- Thursday, 9.30 a. m Meeting with Lembaga Has il Dala m Negeri Report by Ms. Sumathi

12. 25th - Friday, 7.30 p.m. Shah's Village Hotel, PJ

Malam Sua i Mesra/Retro Nite Report by Puan Suzana

JUNE

13. 1st - Friday, 3.00 p.m. Selangor Bar Auditorium

Talks o n "An Overview Understanding Of: The Strata Titles (Amendment) Act 2007, The Housing Development (Control & Licensing) (Amendment) Act 2007 And The Building & Commo n Properties

(Maintenance And Management) Act 2007" by Ms. Sumathi, Ms. Grace, Ms. Shunita, Mr. Mohan, Cik Noor Suhaila a nd Mr. Sando sh

Report by Ms. Sumathi / Mr. Alvin Neo

14. 1st - Friday Family Day, Health Campaign & J umble Sale Report by Puan Suzana

15. 4th - Monday, 3.00 p.m. Ibu Pejabat Polis Kontijen

Courtesy call with the CPO Report by Mr. Suraj

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16. 5th -Tuesday, 5.30 p. m.

Selangor Bar Conference Room

5th Committee Meeting Meeting ended at 8.45 p.m.

17. 8th - Friday, 3.00 p.m. Mahka ma h Sesyen, Ampang

Courtesy call with the Ampang Sessions Court Report by Ms. Kuna

18. 12th - Tuesday, 9.30 a.m.

Pejabat Pengarah Imigresen Ng.Sel

Courtesy call with the Pengarah, Imigration Selangor Report by Mr. Suraj

19. 15th - Friday, 3.00 p.m. Mahka ma h Persekutua n Malaysia, Putrajaya

Courtesy call with the Chief Justice Report by Ms. Kuna

20. 20th - Wednesday, 2.30 p.m. Selangor Bar Auditorium

Talks o n "E-Fil ling a nd E- Stamping" by Officers of Lembaga Has il Dalam Negeri Selangor

Report by Ms. Sumathi

21. 29th - Friday, 2.30 p.m.

Selangor Bar Auditorium

Talks o n "Banking Litigatio n-Foreclosure

Proceedings" by Mr. Suresh Sachinatha n

Report by Mr. Murali

JULY

22. 11th -Wednesday, 5.30 p.m. Selangor Bar Conference Room

6th Committee Meeting Meeting ended at 9.00 p.m.

23. 11th -Wednesday, 2.30 p.m. Jabatan Kimia, Petaling Jaya

Courtesy call with the Pengarah Jabatan Kimia, Dato Khalid Bin Safan

Report by Mr. Suraj

24. 13th & 14th - Friday & Saturday, 8.00 a.m.

Seremban, Negeri Sembilan

Malacca/Negeri Sembilan vs Sela ngor Bar Tripartite Games

Report by Mr. Logen

25. 20th -Friday, 2.30 p.m. Selangor Bar Auditorium

2nd Introduction Session

Addressed by Mr. Murali

26. 27th - Friday, 2.30 p.m. Selangor Bar Auditorium

Talks o n "Bankruptcy-Its effect and the Law" by Ms. Tejinderpal Kaur

Report by Mr. Murali

AUGUST

27. 3rd - Friday, 2.30 p.m. Selangor Bar Auditorium

Talks o n "Conversion of a spo use in a Non-Muslim Marriage" by Mr. Balwant Singh Sidhu

Report by Mr. Alvin Neo

28. 4th - Saturday, 8.00 a.m. UITM Sports Complex Shah Ala m

Selangor Law Games And Family Day Tripartite/Q uadrangular Games & The Judges Trophy (Uitm/Judiciary/Police//SBC)

Report by Mr. Logen

29. 9th -Thursday, 5.30 p.m. Selangor Bar Conference Room

7th Committee Meeting Meeting ended at 9.35p.m.

30. 20th - Monday, 2.30 p.m. Jabatan Peguam Negara, Putrajaya

Courtesy call with the Attorney General, Y.B Tan Sri Abdul Gani Bin Patail

Report by Ms. Kuna

31. 17th - Friday, 4.00 p.m. Balai Polis Kuala La ngat

Courtesy call with the OCPD Daerah Kuala La ngat, Banting, Supt. Tn. Zulkifli Bin Mohama d

Report by Mr. Suraj

32. 27th - Monday, 3.00 p.m. Pusat Biro Bantuan Guaman, Sha h Alam

Meeting with the Director, En. Mazlan Bin Jamaludin Report by Mr. A G Kalidas

33. 28th - Tuesday, 2.30 p. m. Selangor Bar Auditorium

Talks o n "ICT-Obstacles to the Future Development of Law" by Mr. Rajasekaran and Mr. Teh Tai Yong

Report by Mr. Ng Chung Yee

SEPTEMBER

34. 7th - Friday, 5.30 p.m. Selangor Bar Auditorium

Dialogue-Bar Council Walk-Abouts/Dinner with Bar Council Members (Dialogue at Selangor Bar Auditorium a nd Dinner at Kelab Sha h Alam)

Report by Mr. A G Kalidas

35. 8th- Saturday - 9.00 a.m. Dewan MPS, Taman Gomba k

National Law Awareness Report By Mr. Rajpal

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36. 17th- Monday,2.30 p.m.

Bilik Mesyuarat Bunga Raya, Petaling Land Office

Meeting with the Petaling Land Office Report By Ms Sumathi

37. 19th- Wednesday,10.00 a.m Courtesy Call On State Legal Adviser, Datuk Zauya h (SUK, Shah Ala m)

Report By Ms Kuna

OCTOBER

38. 1st - Monday, 5.30pm

Selangor Bar Conference Room

8th Committee Meeting Meeting ended at 10.15p.m.

39. 22nd - Monday, 5.30pm Selangor Bar Conference Room

3rd Introduction Session 9th Committee Meeting

Meeting ended at 7.30p.m.

40. 29th - 31st - Monday - Wednesday

Kuala Lumpur Convention Centre

14th Malaysian Law Conference Report by Mr. R V Lingam

NOVEMBER

41. 2nd - Friday, 7.30 p. m. Concorde Hotel, Shah Alam

Annual Dinner and Dance Report by Puan Suzana

42. 14th - Wednesday, 9.30 a.m. Bilik Mesyuarat Gemilang 1, Bangunan SSAAS, Shah Ala m

Meeting with the Pengarah Pejabat Tanah Dan Galian Selangor

Report By Ms Sumathi

43. 16th - Friday, 4.30p.m. DPP Office, SUK, Shah Ala m

Courtesy call with the Ketua Unit Penda kwaan (DPP), Tuan Nik Suhaimi Bin Nik Sulaiman

Report By Mr. Suraj

44. 21st - Wednesday, 4.00p.m. Selangor Bar Auditorium

Forum on No Fault Liabil ity Scheme Reported By Mr. R V Lingam

45. 23th - 25th - Friday - Sunday

Kuching, Sarawa k

3D 2N - A trip to the High Court Complex of Kuching Report by Mr. Murali

46. 29th - Thursday, 5.30 pm Selangor Bar Conference Room

10th Committee Meeting Meeting ended at 8.50p.m.

DECEMBER

47. 4th - Tuesday, 9.00 a.m. Bilik Mesyuarat Perdana, Komple ks Banguna n Kerajaan Jalan Duta, Kuala Lumpur

Meeting with the Lembaga Hasi l Dalam Negeri Malaysia

Report By Ms. Sumathi

48. 5th - Wednesday, 10.00 a.m. Pejabat Y.A.A., Istana Keha kima n Putrajaya

Courtesy call with the Chief Justice of Malaya, Y.A.A. Dato' Alauddin Bin Dato' Mohd Sheriff

Report By Ms Kunamony

JANUARY

49. 3rd - Thursday, 5.30p. m. Selangor Bar Conference Room

11th Committee Meeting Meeting ended at 8.45p.m.

50. 18th - 20th - Friday - Sunday City Bayview, Penang

National Young Lawyers Convention Report by Mr. Murali / Mr. Ng Chung Yee

51. 18th - Thursday, 5.30 p.m.

Selangor Bar Conference Room

12th Committee Meeting Meeting ended at 8.30p.m.

52. 23rd - Wednesday, 10.00a.m Hospital Besar Tengku Ampuan Rahima h, Klang, Selangor

Visit to the Children's Ward Report by Puan Suzana

FEBRUARY

53. 27th - Wednesday, 3.00p.m.

Kelab Golf Sultan Abd. A ziz Sha h, Shah Ala m, Sela ngor

16th Annual General Meeting of Selangor Bar Meeting ended at

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SELANGOR BAR COMMITTEE 41, Jalan Bola Jaring 13/15, Section 13,

40100, Shah Alam, Selangor Darul Ehsan. Tel: 603-5519 6219 Fax: 603-5519 9037

Website: www.selangorbar.org Email: [email protected]