Changes to Legal Profession Act threaten Bar independence

One of the amendments will see two members of the Bar appointed by the minister in charge of legal affairs to represent the government.

PETALING JAYA: The Malaysian Bar has mounted an attack against the proposal to amend the Legal Profession Act 1976, which it says poses a severe threat to the Bar’s independence.

The proposed amendments, says Bar President Steven Thiru, are “an unwarranted interference in the self-regulation and internal management of the Malaysian Bar.”

“There is presently no cogent or justifiable basis for these proposed amendments, and its underlying objective is unclear,” said Thiru.

This follows news that the government intends to table drastic amendments to the Legal Profession Act 1976 in the Dewan Rakyat during the next parliamentary session.

Chief among the amendments is the proposal that two members of the Bar will be appointed by the minister in charge of legal affairs for the purpose of representing the government.

The amendments will also empower the said minister to make rules and regulations in respect of the conduct of the elections to the Bar Council and of the Office Bearers of the Bar.

“The Bar Council has neither sought these proposed amendments, nor has there been any resolution by members of the Malaysian Bar for these amendments,” said Thiru.

FMT’s attempts to reach de facto Law Minister Nancy Shukri have gone unanswered.

Thiru said that the Bar Council had submitted a preliminary memorandum to the Attorney-General’s Chambers setting out their concerns, and intends to consult the Bar’s members and submit a further memorandum.

The key features of the amendments are as below:

(1) Two members of the Bar would be appointed — by the minister in charge of legal affairs — as members of the Bar Council, for the purpose of representing the government. However, these two members would not be eligible to contest any position as office bearer of the Malaysian Bar (that is president, vice-president, secretary or treasurer).

(2) The quorum requirement for general meetings (that is annual general meeting and any extraordinary general meeting) of the Malaysian Bar would be increased from 500 members to 25% of the membership of the Malaysian Bar, or 4,000 members. There are currently 17,000 members of the Bar.

The quorum requirement for general meetings of each state Bar would also be increased, from 5% to 25% of its membership.

(3) The number of members of the Bar Council would be increased from the current 38 to 40 members.

(4) Annual election of Bar Council:

(a) The annual election by postal ballot — currently for 12 members of the Bar Council — by members of the Malaysian Bar would be abolished.

(b) Instead, the election would be conducted at the state Bar level once every two years.

Three members from each state Bar — the chairmen of the state Bar Committees, and two state Bar representatives — would be elected directly to the Bar Council by secret ballot at the state Bar’s annual general meeting.

One of the state Bar representatives must be a member with more than 10 years in practice, and the other must have less than 10 years in practice.

As there are 12 state Bars, this process would result in the election of 12 state Bar Committee chairmen and 24 state Bar representatives as members of the Bar Council, totalling 36 members.

The remaining four members of the Bar Council would consist of the immediate past president and immediate past vice-president of the Bar, and the two members of the Bar appointed by the minister in charge of legal affairs to represent the government.

(5) Election of officer bearers

(a) The annual election of the office bearers of the Malaysian Bar — conducted by secret ballot at the first Bar Council meeting of each term, held at the conclusion of the annual general meeting of the Bar — by members of the Bar Council would be abolished.

(b) Instead, the office bearers would be elected directly by members of the Bar at the annual general meeting of the Bar, or at the premises of the state Bar Committees.

Only the 24 members elected as state Bar representatives at the annual general meetings of the state Bars are eligible to be elected as office bearers.

The immediate past president, immediate past vice-president, and 12 chairmen of the state Bar Committees are expressly precluded from contesting any office bearer position.

(6) The office bearers of the Bar and the members of the Bar Council would serve for a fixed term of two years, instead of the current one-year term.

(7) The minister in charge of legal affairs would be empowered to make rules and regulations in respect of the conduct of the elections to the Bar Council and of the office bearers of the Bar.