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2008-07-25

TALK ON HUMAN RIGHTS LITIGATION

PBC/ Circular-PSD/ 32/07/08

21st July 2008


Dear Members of the Perak Bar


Topic : Human Right Litigation

Speaker : Edmund Bon

Venue : Perak Bar Secretariat

Date : 28th July 2008 (Monday)

Time : 5.00p.m – 7.00p.m


Kindly RSVP to the Perak Bar Secretariat by 24th July 2008 as refreshments will be served.

Please be notified that recently , talks have been cancelled because of poor response. Kindly RSVP as requested so that the talk can be held as scheduled.

Thank you.

Yours sincerely,

Rashpal Singh

Chairman

Professional Standards &

Development Sub Committee

Perak (PSDC)

2008-07-24

PERAK-PENANG GAMES 2008 REPORT

July as everyone knows is the clarion call for all the sportsmen and women of the Perak Bar to dust off their sports equipment as the annual Inter Bar games between Perak and Penang kicks off. The games are held annually over the course of a weekend except that this year, the golf competition was held a week earlier at Clearwater Sanctuary.

First up was tennis which was meant to begin at 9am. However,the actual matches only took place an hour after the allotted time as participants slowly staggered onto the tennis courts after the previous night's revelry and overindulgence in liquid lubrication. Led by our Sports Committee Chair, Mr Kenny Lai, the first doubles of Kenny and Tai Jek comfortably ousted the Penang pairing. Nevertheless, as Penang failed to make up the numbers required for tennis a walkover was conceded as Perak celebrated the first victory of the day.




Thereafter, the volleyball team gamely salvaged a draw after having lost the first game to the Penang Bar. Having the rather large presence of YB Thomas Su probably had something to do with the wall of opposition the Perak Bar managed to put up.

A draw was also on the cards for our Badminton team as the final result was 4-4 despite great battling displays from Steven Su, Chong Kok Yew, Cheong, Michael et al.




Tragically, these games will be remembered only for the loss of one our own, namely Thinakaran or Thina as he was popularly referred to. At around 3pm, Thina suffered a massive heartattack while on the field of play during the futsal game and subsequently passed away despite the best efforts of the players there to revive him. Thina epitomised the spirit of the games by virtue of his ready smile, warm spirit and passion for the games. As news of this tragic event slowly reached the rest of the participants, participants of the hockey game held a minutes silence for Thina as they struggled on with the rest of the game.



Dinner was as to be expected a sombre event with much tears, cries of shock and fond remembrances of Thina our friend and peer. The minutes silence was carried out impeccably by all the members of the Perak and Penang Bar.


As a mark of respect, all games for the following day were cancelled as the Perak Bar mourned the loss of a wonderful man.

Rest in Peace Thina.

You will always be in our hearts.

ALWAYS IN OUR HEARTS


THINAKARAN A/L PRABHAKARAN
Advocate & Solicitor
29.7.1958 – 19.7.2008


A great loss of a great soul.

Thina (as he was popularly known) graduated with an LLB (Hons) degree from the Newcastle Upon Tyne Polytechnic and was a member of Lincolns Inn. He was called to the Malaysian Bar on July 28th., 1984.

He did his pupilage in the chambers of Messrs Cheang Lee & Ong. He worked as a Legal Assistant with a number of firms in Ipoh and Teluk Intan before joining Messrs Lalchand & Nawawi., Ipoh as a Partner on July 1st 1992. He was instrumental in setting up the branch office in Teluk Intan, his home town.

Thina leaves behind his beloved wife, Mrs Kamala Mahlini Jeganathan, also a member of the Perak Bar and three beautiful children, two daughters, Kavena aged 14, Keshana aged 12 and a son, Daksheshkaran aged 5.

He was a Chairman and Committee Member of the Investigating Tribunal, Advocates & Solicitors Disciplinary Board. He was also a Committee Member and later the Chairman of the PIBG Tarcisian Convent, Ipoh where his girls are studying.

Thina lived an amazing life. He was an extraordinary partner, colleague, friend and mentor. He never failed to be available to anyone who needed him. Thina always had his family, firm and friends close to his heart.

What is it that we remember of Thina?

With almost a quarter century in practice to his credit, his dedicated service and solution- oriented professional attitude encouraged confidence not only in his clients, but also his office mates and colleagues at the Bar. Yet his humility and consideration for the other’s feelings would not permit him to embarrass or put down anyone even when he knew that they were wrong. His attitude of quiet professional commitment was an effective lure for clients both in Ipoh and in Teluk Intan where he successfully and unobtrusively built up the firm’s business. He reflected an increasingly rare trait of being aware of commercial realities without ever compromising his principles for them.

Thina was an active Court going lawyer. He built up a reputation as a formidable litigator in civil matters representing banks, financial institutions and corporate clients. He was also an accomplished conveyancing lawyer.

Outside the work place, his kindness made him an obvious focus for people with problems who needed wise counsel. His ever listening ears combined with his ‘thinaesque’ assurance “Don’t worry lah. Things will be alright” made him a treasured confidante. He had a ready sense of humour which came with an infectious laugh that touched all those who came into contact with him.

That is what we will truly miss about Thina. He could make us laugh and especially in the face of difficulties. With a cheery smile, he’d give a comforting pat on the back and gently remind us that behind every cloud there is a silver lining.

Thina loved sports. He played badminton twice a week for more than twenty years and futsal once a week for more than five. During his years in practice, he had on numerous occasions represented Perak Bar in its annual games in Perak, Penang and Kuala Lumpur. He was so looking forward to the Penang/Perak Bar games that fateful weekend as he was involved in futsal (his favourite sport), Badminton and Darts and not to mention the fellowship that traditionally follows.

At 49, Thina was too young to leave his family and friends As we struggle to come to terms with his passing, it is slowly dawning on us that Thina lived his life wonderfully and to the fullest. He was an excellent time manager and made the space for his work, and his commitment to family and friends, without compromising his hobbies. His attitude and respect for all typified his dealings. In this he has left a legacy to be cherished by his friends and one that his family, especially his children would be proud of - to be honourable, fair and loving to all people at all times.

We are privileged and honoured to have known this gem of a man and to have been a part of his life. All that we have shared with him will forever be held dear and remembered. Even as we grieve our loss for our irreplaceable friend and partner, we shall also celebrate his life because Thina continues to live in our hearts.

And we know that some day we will meet Thina again, where in all probability he’ll be there to greet us at heaven’s doors with a twinkle in his eyes, a great big smile and a giant hug. On that day we shall laugh together again.

Our prayers and thoughts are with you Kamala, Kavena, Keshana and Daksheshkaran .

We feel your loss and share your pain.
We would like to take this opportunity to thank members of the Perak and Penang Bar especially the futsal teams who administered immediate aid and CPR on Thina during his final moments. A special thanks to our dear friend Dr. Anoop Kumar who came to the Sports Centre immediately after being informed and continued with the necessary aid right up to the Emergency Room at Pantai Putri Hospital.

WE LOVE YOU THINA AND WE SALUTE YOU.

Rest in Peace dearest friend.

Your family at Lalchand & Nawawi.,
Ipoh and Teluk Intan.

2008-07-23

HISTORY OF THE PERAK BAR

When Gavin Tang asked me to write for the Perak Bar Blog on any topic of my choice, I thought it is an opportune time to point out that we lack a historical account of our Perak Bar. True, we have some photos but sadly lack a history of our Perak Bar. Why we do not even know who were the Chairmen of the Perak Bar before Dato Seenivasagam, Tan Sri Jeyaratnam and Dato Yeoh Kian Teik.

Somebody should record the events, anecdotes, jokes, actual incidents and other comments about the Perak Bar and the members. Perhaps together, we can tell our stories of what made the Perak Bar tick. Each of us may like to record our memories of the events affecting the Perak Bar, our members, the Courts, the buildings and what made the Perak Bar tick.

Members like Tan Sri Jeyaratnam, Dato Yeoh Kian Teik, Dato RCM Rayan, S.A. Lingam, Lim Boon Seng, Khong Kok Yat, Mahendran and Leela Mahendran, L.H. Singh, S.N. Leow, Philip Leong and many others may relate some interesting tales of what practice in the Perak Bar then was.

Remember judges like the late Tan Sri Chang Min Tat, Dato Pawan Ahmad, Tan Sri Wan Hamzah, the late Tan Sri Hashim Yeoh Sani, the late Tan Sri Eusoffe Abdoolcader (who made such a big impact on us and forced us to brush up our Civil Procedure and the Rules of the High Court) , the late Tan Sri Anuar (one of the most interesting judges with his jokes during our dinners and his beautiful rendition “To all the girls I’ve loved before” – he substituted “met” for “loved”). Remember his joke about the judge’s brains in cannibal village? No? Remind me to tell it to you some day, Mr. Ong See Seng, the late Tan Sri Abdul Malek Ahmad, Dato N.H. Chan, Dato Peh Swee Chin, Dato Chin Fook Yen, Dato James Foong, Dato Kang and too many to name. [My apologies if I spell the names wrongly or I use the wrong titles].

You may also recall the late Seenivasagam brother (Dato S.P and D.R.), the late J.R. Devadas (who relied on only one book, the Annual Practice, but who can give you a run for your money), the late R.G. Suppiah (remember him as a Commissioner for Oaths?), the late Dato A.S. Yeo, the late U Harcharan Singh, the late Bachan Singh, the late Dato Fred Arulanandom (who was one of the lawyers from Perak elevated to the Bench), Dato Vincent Ng (another Perak lawyer elevated to the Bench and now presiding in the Court of Appeal), Dato Jeffrey Tan Kok Wah (yet another Perak lawyer elevated to the Bench), the late Yeoh Lam Cheng, the late Gurdial Singh and the late Clarence Wilfred. The Ong brothers (Tan Sri H.T. Ong and H.S. Ong were brothers from Perak who were elevated to the Bench).

I met Dato RCM Rayan the other day. He told me he is now 92 years young. Many may not know that he was a former Member of Parliament. I am sure he has a lot of interesting stories to tell. I am sure S.A. Lingam also has a lot of interesting experiences to relate (just give him a few whiskies). I believe at one time, Lingam probably handled the most cases of any lawyer – I must ask him how he could go from Ipoh court to Kampar court, Batu Gajah court,

Sitiawan court, Sungei Siput court and Parit court and probably all in one day!
You may like to relate of the Bench, Bar and Senior Police Officers Games which incidentally started when the late Tan Sri Hashim Yeop Sani and the late Tan Sri Eusoffe Abdoolcader were judges of the High Court in Ipoh and how our sports committee convinced them to donate the challenge trophies. Remember the dinners on each of the festive occasions (Hari Raya, Chinese New Year and Deepavali) during their time as resident judges here?

You may like to hear of the origin of the Council’s Chambers (or Bar Room now as it is called) in the Subordinate Courts complex and the Tun Salleh episode and how it affected our Perak Bar. Our S. Theivanthiran was the then vice Chairman of the Bar Council (subsequently Chairman) and I was the Perak Bar Committee Chairman. You may like to hear of the origin of the Perak Bar Bulletin.

More senior members may remember the Magistrates Court and Sessions Court was once located where our General Post Office now is. You may remember the old High Court building before the renovation. Remember how we had to wear coats when there was no air-conditioning, the opening of the various courts in Ipoh and elsewhere in Perak. Remember the era before photostat machines came into existence when quoting authorities mean you have to supply the list of cases and bring along baskets (specially made) of books and bringing a lot of books not relevant to your case just to convince your client you did a lot of work and research.

On a more recent note is the passing away of Thinakaran recently. We used to play badminton together with Lalchand, Kiko, Ghanshamdas, Khai Kit and Cheng. We will remember Thina as a perfect gentleman who never had a bad word against anyone and certainly one of the friendliest and nicest lawyers of the Perak Bar. He was polite not only to the senior lawyers but also to the junior ones. He always called me “Chief”. Remind me to tell you why someday. To his widow Kamala and family, we offer our condolences. He will always be in our memory.

So how about it – do you think we should record all these episodes for posterity? It is no good just agreeing – you have to contribute articles.

So let’s hear from you.

S.Y. Lee

2008-07-22

TO HEAR OR NOT TO HEAR


The recent circular issued by the Chief Judge of Malaya directing that all Order 14 and Order 18 rule 19 applications are to be heard by the Judge from the 1.7.2008 certainly took many by surprise. While pondering about the wisdom of this directive, I was also wondering whether a staggered approach would have been more suited as there must have been some cases where the arguments were part heard.

A good move?

Order 14 and Order 18 rule 19 applications more often than not are characterised by voluminous affidavits, multiple adjournments and lengthy written submissions. On average, an application on this first tier can take from start to finish, about 9 months to be disposed off. There are of course, shorter or longer periods depending on the complexity of the matter, the status of the Court diary and the personality of your opponent.

So if this initiative succeeds in shaving off about 9 months from the duration of a litigation matter, it is most welcome. However, I wondered whether the removal of this first tier, would prejudice litigants? I don’t think so but any views to the contrary are certainly welcome.

It is a common lament amongst the lawyers that the administration of the Court Registry is not as efficient as it should be and there is no proper turn around time taken to process and return documents.

The Registrars tackle administrative duties as well as doing their Judges research and conducting their own hearings. Litigation is on the rise and proportionally, the Registrar’s duties have increased manifold. Registrars often have to juggle these administrative duties with their legal work and thus it is understandable, if one inadvertently drops the ball.

Hence removing these, sometimes protracted, applications from the Registrar’s diary will free up more of their time to tackle more administrative matters and their own cases which can also be highly contested especially in the areas of Insolvency Law.

One issue I did have with the directive was that the Registrars, who may one day preside over a Magistrates or Sessions Court, would not have had the benefit of getting their feet wet in appreciating more complex arguments. As there is direct supervision by way of appeal before the Judge in Chambers, the now abolished practice was, in my view, an ideal way to expose the Registrars to weighing more complex evidence and arguments and writing their grounds of judgments.

Therefore, this initiative may have sacrificed that valuable exposure for the sake of efficiency and expediency but only to a limited extent only assuming the Registrars will still assist their assigned Judge in the research of the Order 14 and Order 18 rule 19 applications.

In conclusion, the intention of the directive, if deciphered correctly above, is well intentioned but only time will tell whether it was a good move or not as the High Court Judges will have to juggle far more applications in addition to carrying out the full trials and the hearing of appeals from the Subordinate Courts scheduled in their already packed diaries. For the time being, I am cautiously optimistic!

Submitted by Navit Kaur

2008-07-20

PERAK-PENANG GAMES SHROUDED IN TRAGEDY

Sadly, what was to be a weekend of sports, fellowship and revelry turned into one of mourning at the loss of a much loved and popular member of the Perak Bar. At around 3pm on Saturday 19th July, Mr Thinakaran s/o Prabakharan (of Lalchand & Nawawi) or Thina as he was popularly referred to collapsed while playing futsal. His death was confirmed at Pantai Hospital after being rushed to the hospital and the cause of death was attributed to a massive heart attack. Last rites were held on Sunday, 20th July. Thina is survived by his wife Kamala Malini Jeganathan, his two daughters, Kaveena Thinakaran age 14, Keshana Thinakaran age 11 and his son, Daksheshkaran Thinakaran age 5. Rest in peace Thina. You will be sorely missed.

2008-07-18

Penang-Perak Bar Games Venues

Dear Members,

The list of venues for the games this weekend are as follows:-

Saturday (19/7/2008)

1) Tennis 9.00 am – 11.00 am DBI Courts

2) Futsal 2.00 pm – 3.00 pm Sports Planet Menglembu

3) Badminton 2.00 pm – 4.00 pm Buntong Assembly Hall

4) Netball 3.00 pm – 5.00 pm National Sports Council

5) Volleyball 4.00 pm – 5.00 pm National Sports Council

6) Football 5.30 pm – 6.30 pm FRU

7) Hockey 5.30 pm – 6.30 pm Sultan Azlan Shah Stadium

8) Darts During dinner Royal Ipoh Club


Sunday (20/7/2008)

1) Basketball 9.00 am – 10.00 am St. Michaels School

2) Bowling 10.00 am – 12.00 pm Ampang Bowl Ipoh Parade

3) Cricket 11.30 am – 4.00 pm Ipoh Padang

4) Snooker 10.00 am – 11.00 am Royal Ipoh Club


Please do come and support our valiant sportsmen and women!!!


2008-07-17

JOKES ON US...

A man went to a brain store to get some brain to complete a study. He sees a sign remarking on the quality of professional brain offerred at this particular brain store. He begins to question the butcher about the cost of these brains. "How much does it cost for engineer brain?" "Three dollars an ounce." "How much does it cost for programmer brain?" "Four dollars an ounce." "How much for lawyer brain?" "$1,000 an ounce." "Why is lawyer brain so much more?" "Do you know how many lawyers we had to kill to get one ounce of brain?"

The devil visited a lawyer's office and made him an offer. "I can arrange some things for you, " the devil said. "I'll increase your income five-fold. Your partners will love you; your clients will respect you; you'll have four months of vacation each year and live to be a hundred. All I require in return is that your wife's soul, your children's souls, and their children's souls rot in hell for eternity." The lawyer thought for a moment. "What's the catch?" he asked.

What's the difference between a good lawyer and a great lawyer? A good lawyer knows the law. A great lawyer knows the judge.

What do you call a lawyer with an IQ of 10? A lawyer. What do you call a lawyer with an IQ of 15? Your honor.

A lawyer was driving his big BMW down the highway, singing to himself, "I love my BMW, I love my BMW." Focusing on his car, not his driving, he smashed into a tree. He miraculously survived, but his car was totaled. "My BMW! My BMW!" he sobbed. A good Samaritan drove by and cried out, "Sir, sir, you're bleeding! And my god, your left arm is gone!" The lawyer, horrified, screamed "My Rolex! My Rolex!"

A doctor and a lawyer were attending a cocktail party when the doctor was approached by a man who asked advice on how to handle his ulcer.

The doctor mumbled some medical advice, then turned to the lawyer and asked, "How do you handle the situation when you are asked for advice during a social function?"
"Just send a bill for such advice" replied the lawyer.

On the next morning the doctor arrived at his surgery and issued the ulcer-stricken man a $50 bill. That afternoon he received a $100 bill from the lawyer.

DECISION ON PAYMENT METHOD DEFERRED

Pursuant to the Bar Council’s Circular No 155/2008 dated 24 June 2008 in respect of the Chief Registrar of the Federal Court's letter wherein payment at the Court Counters throughout Malaysia is to be made via Wang Pos / Bank Drafts only, the Bar Council held a meeting with the Chief Registrar on 9 July 2008.

Following the aforesaid meeting, we are pleased to inform members that the Chief Registrar has agreed to defer the enforcement of this requirement. This deferment is for a three (3) month period (from 15th July 2008 to 15th October 2008), pending further monitoring by the Chief Registrar’s Office with the assistance of the Bar Council in respect of dishonoured cheque(s) issued in favour of the Courts.

We wish to advise all members to ensure that all cheque(s) issued to Courts are not dishonoured. The Courts will blacklist the firms whose cheque(s) are dishonoured, and where necessary, the Bar Council will also initiate disciplinary proceedings against the parties concerned.

Please take note that if incidences of dishonoured cheque(s) continue during the said three (3) months, the Courts would reinstate the mode of payment imposed.

George Varughese
Bar Council Treasurer


2008-07-11

PENANG-PERAK BAR GAMES DINNER 2008

Dear Members,

Re: Annual Penang – Perak Bar Games Dinner 2008

We refer to the above matter.

The Perak Bar Sports Committee is happy to announce that the dinner for the Perak-Penang games 2008 will be held at Royal Ipoh Club on the 19th July 2008 at 7.30pm.

Registration for the said dinner is required in order for us to order the appropriate amount food. Dinner is free for all members of Perak Bar and their spouses as well as the participants in the various events. Should guests be invited the cost of dinner is RM 30.00 per person.

Kindly register your participation and the names of your guests with Prema at the Perak Bar Secretariat on or before the 17th July 2008.

Take note that we will NOT be accepting any registration after the 17th July 2008.

We hope to see all of you there for a fun night of good food and drinks and even better camaraderie.

Yours faithfully,

Danial Rahman
Honorary Secretary

2008-07-09

LEGAL DOCTRINES: RES IPSA LOQUITUR

Res ipsa loquitur is a legal term from the Latin meaning literally, "the thing itself speaks" but is more often translated "the thing speaks for itself". It signifies that further details are unnecessary; the proof of the case is self-evident. The doctrine is applied to tort claims which, as a matter of law, do not have to be explained beyond the point where liability is established. It is most useful to plaintiffs in certain negligence cases. It was first formulated in the case Byrne v. Boadle (1863), in England.

History

Under the old common law rule, to use res ipsa loquitur in the context of negligence the plaintiff must prove that:

  1. The harm would not ordinarily have occurred without someone's negligence
  2. The "thing" which caused the harm was under the exclusive control of the defendant at the time of the likely negligent act
  3. There must be an absence of a reasonable explanation as to how the harm occurred.

Courts have generally held that the doctrine of res ipsa loquitur applies if, first, the accident would not occur in the absence of negligence; second, the instrumentality causing injury was within the exclusive control of the defendant; and third, the plaintiff's voluntary or involuntary actions did not contribute to the accident. Often in dispute is the second element of exclusive control. The defendant's exclusivity of control must be such that the likelihood of injury was, more likely than not, the result of the defendant's negligence. The likelihood of other possibilities do not need to be eliminated altogether but they must be so reduced that the greater probability lies with the defendant.

This is usually referred to in the "scalpel left behind" example of obvious negligence in the case of a physician, in which a person goes in to a doctor for stomach pains after having his appendix removed. X-rays determine the patient has a metal object the size and shape of a scalpel in his stomach. It requires no further explanation to show the surgeon who removed the appendix was negligent, as there is no legitimate reason for a doctor to leave a scalpel behind in an appendectomy.

The "exclusive control" element has largely given way in modern cases to a less rigid formulation, where the plaintiff must prove that other responsible causes, including the conduct of the plaintiff and third persons, are sufficiently eliminated by the evidence. As a consequence, the third element, that the plaintiff did not contribute to his injury, is subsumed by the new formulation. In addition, it is important to note that contributory negligence is, in modern case law, reckoned in "comparison" to the injury caused by the other. For example, if the negligence of the other is 95% the cause of the plaintiff's injury, and the plaintiff is 5% responsible, the plaintiff's slight fault will not negate the negligence of the other (This new type of split liability is commonly called Comparative Fault).

  • For instance, plaintiff Doe is injured when an elevator he has entered plunges several floors and stops abruptly.
  • Jane's Corporation built, and is responsible for maintaining, the elevator.
  • Doe sues Jane, and during the proceedings, Jane claims that Doe's complaint should be dismissed because he has never proved, or for that matter even offered, a theory as to why the elevator functioned incorrectly. Therefore, argues Jane, there is no evidence that they were at fault in the incident.
  • The court may hold that Doe does not have to prove anything beyond the fall itself.
  • The elevator evidently malfunctioned (it was not intended to fall nor is that a proper function of a correctly functioning elevator), and Jane was responsible for the elevator in every respect, so Jane's Corporation is responsible for the fall.
  • The thing speaks for itself: no further explanation is needed to establish a prima facie case.

Source case

The principle of res ipsa loquitur was first put forward by Baron Pollock in Byrne v. Boadle, 159 Eng.Rep. 299, an 1863 English case. Byrne was struck by a barrel of flour falling from a second-storey window. The court's presumption was that a barrel of flour falling out of a second-storey window is itself sufficient evidence of negligence:

We are all of opinion that the rule must be absolute to enter the verdict for the plaintiff. The learned counsel was quite right in saying that there are many accidents from which no presumption of negligence can arise, but I think it would be wrong to lay down as a rule that in no case can a presumption of negligence arise from the fact of an accident. Suppose in this case the barrel had rolled out of the warehouse and fallen on the plaintiff, how could he possibly ascertain from what cause it occurred? It is the duty of persons who keep barrels in a warehouse to take care that they do not roll out, and I think that such a case would, beyond all doubt, afford prima facie evidence of negligence. A barrel could not roll out of a warehouse without some negligence, and to say that a plaintiff who is injured by it must call witnesses from the warehouse to prove negligence seems to me preposterous.

The present case upon the evidence comes to this, a man is passing in front of the premises of a dealer in flour, and there falls down upon him a barrel of flour. I think it apparent that the barrel was in the custody of the defendant who occupied the premises, and who is responsible for the acts of his servants who had the control of it; and in my opinion the fact of its falling is prima facie evidence of negligence, and the plaintiff who was injured by it is not bound to show that it could not fall without negligence, but if there are any facts inconsistent with negligence it is for the defendant to prove them.

IN THE DRIVING SEAT

Greetings!

July is upon us, how time flies.

Before I proceed I would like to thank Gavin Tang for the hard work that he has put in for the setting up and maintenance of this Blog. I must say that I am glad that the Perak Bar has now a means of disseminating information faster and better for the benefit of its members. Well done Gavin.

By the way, I agree with Mr. Tang Khai Kit (not to be confused with Gavin) that the wan ton mee at the place he recommended is particularly good and deserves numerous visits.

I would like to thank Lai Choe Ken and his team who put together the Family Day outing at the Sunway’s Lost World Theme Park on the 21st of June 2008. I would also here like to place on record my thanks to those who turned up to participate in the event, thank you for participating and let all of us get to know you and your family members better. I trust that you, like me, had a great time.

The Perak – Penang Bar games are at hand. From the circulars that you have read, the program for the weekend of 19th and 20th July 2008 has been planned to suit the members who are participating in the various events that will take place. The highlights of the games will include the games itself, the dinner on the 19th July and the Tea party on the 20th of July. I trust that the members will be present to attend the games and the ensuing events, especially the Dinner and the Tea Party to make the event more enjoyable and to make sure that we show our friends from the Penang Bar a great time and great hospitality as they have shown us in Penang on previous occasions. I believe that this task must carried out with our utmost and best efforts, as such the Perak Bar Committee has decided that there will be no charge for the dinner. However, the Committee requests that the members inform the secretariat as to your attendance in order to facilitate the catering requirements.

As such I implore and request all the members of the Perak Bar to be present and participate at the games and the ensuing events and to have a good time after all, “we are the Perak Bar!”

Numerous members of the Perak Bar including myself have pledged to donate money and various items of food and drink to ensure that the events are well received and that everyone has a good time. Should anyone else wish to make a contribution, I assure you that it will be thankfully received and faithfully applied.

On a more serious note, I wish to inform you that the Legal Aid and Human Rights Sub Committee in their pursuit of assisting the Orang Asli have made tremendous progress in their efforts. I wish to record my thanks to all those concerned who have assisted in particular Mr. Augustine and Mr. Ram for the tireless effort that they have put it over time to get to where we are now in order to assist the Orang Asli. BRAVO!

Should you want to find our more and see if you can assist the Legal Aid and Human Rights Sub- Committee please contact Mr. Ram at Legal Aid Center.

I also wish to inform you that the Bar Council pursuant to the Chief Registrar’s circular, has arranged to speak to the CR and the Auditor General to pursue an amicable solution to the issue of modes of payments at the Court Counters. I wish to thank the members who have called me personally to express their dissatisfaction of the changes that are being proposed.

I wish to urge any member who has an issue which needs to be resolved or even suggestions pertaining to our administration of the Perak Bar, to please write to me personally or to the Secretary of the Perak Bar. Your views are important to us in order for us to serve you better.

Once again I thank you for your support and hope to see all of you at the Perak-Penang Bar Games on the 19th of July !

“ WE ARE THE PERAK BAR!!”

2008-07-03

PRACTICE DIRECTION NO. 2 OF 2008

In exercise of the powers conferred by Order 32 rule 9 of the Rules of the High Court 1980, the Chief Judge of Malaya hereby directs that with effect from 1 July 2008:

(a) All applications for summary judgement under Order 14 of the Rules of the High Court 1980; and

(b) All applications to strike out pleadings and indorsements under Order 18 rule 19 of the Rules of the High Court 1980;

shall at the first instance be heard by the Judge in person.

All previous Practice Directions conferring jurisdiction on the Registrar, Deputy Registrars and Senior Assistant Registrars to hear and dispose of the abovesaid applications are hereby revoked with effect from 1 July 2008.

2008-07-01

AT THE BAR



NAME:

LAI CHOE KEN, KENNY

AGE:

32

FIRM NAME:

CHOONG MENG SZE & LAI

YEAR OF PRACTICE:

8 YEARS

AREA OF PRACTICE:

CIVIL, CRIMINAL LITIGATION AND BASICALLY ANYTHING I KNOW HOW TO DO

READ LAW AT:

THAMES VALLEY UNIVERSITY, LONDON

NICKNAMES:

KENNY, KEN

STRENGTHS:

PATIENCE

WEAKNESSES:

FOOD?

HIGHLIGHTS OF PRACTICE:

STARTING MY OWN FIRM

LOWLIGHTS OF PRACTICE:

STARTING MY OWN FIRM? NO... JUST KIDDING… NONE SO FAR

TOUGHEST OPPONENT:

NO ONE COMES TO MY MIND

FAVOURITE FOOD:

BURGERS AND STEAK

FAVOURITE TIPPLE:

COFFEE

FILMS:

ACTION AND COMEDIES

TV PROGRAMMES:

TOO MANY… NOT ENOUGH SPACE TO MENTION HERE J

MUSIC:

R&B, HIP HOP, ROCK

IF I HADN’T BEEN A LAWYER…

I’D PROBABLY BE A BUM… NAH… INVENTOR?

IN MY TIME OFF I…

SLEEP AND WATCH A HECK LOT OF TV OR MOVIES ON MY COMPUTER.

SPORTS:

TENNIS, FUTSAL, SNOOKER, FOOTBALL, BADMINTON

DO YOU BELONG TO ANY SOCIETIES/NGO’S?

ROTARY CLUB OF METRO IPOH

TELL US SOMETHING WE DON’T KNOW ABOUT YOU

I USED TO BE REALLY SKINNY?

WHAT ARE YOU READING CURRENTLY?

ON THE SUFFERINGS OF THE WORLD BY ARTHUR SCHOPENHAUER

IF YOU COULD HAVE ANY ONE SUPERPOWER:

READ MINDS

DESCRIBE YOURSELF IN FIVE WORDS:

LAID-BACK, HAPPY GO LUCKY

IF YOU COULD CHANGE ONE THING IN THE WORLD WHAT WOULD IT BE?

WORLD PEACE OR ME AT THE TOP OF THE FORBES RICHEST PEOPLE LIST… SIGH… SUCH A DIFFICULT CHOICE TO MAKE…