MEDIATION SKILLS TRAINING PROGRAMME

Dear Members of the Perak Bar,

The ADR committee of the Malaysian Bar will organising a Mediation Skills Training Programme on the :-

Date : 24th - 28 April 2010

Venue : Bar Council Auditorium

1st Floor

No. 13, 15, 17 Lebuh Pasar Besar

Kuala Lumpur

Successful participants are required to undertake the following :-

a) to be committed and attend the whole session;

b) shall agree to provide mediation skills training for members of the Bar (shall also agree not to charge the Bar Council any fee in conducting the Mediation Skills Training Programme);

c) to give talks or present papers at various conferences;

d) to assists in Ethics Lecture talks on Mediation;

e) to assists the Committee whenever requested.

There are two places given to each State Bar to send two members (free registration, out station members are to find their own accomodation) Kindly submit your name by 12 noon by the 2/3/2010 to the Perak Bar Committee

Kindly submit your name to the Perak Bar Secretariat before the deadline

Regards,

Perak Bar Committee

TALK ON RPGT

Lembaga Hasil Dalam Negeri Malaysia Cawangan Ipoh akan menganjurkan Taklimat Pengisian Borang CKHT (Pindaan) seperti berikut:

Tarikh : 24 Februari 2010 (RABU)

Jam : 10.00 pagi

Tempat : Dewan Hasil , Tingkat 8, LHDNM Ipoh

Sila sahkan kehadiran tuan/ puan dengan menlengkapkan dan mengembalikan slip pengesahan kehadiran yang disediakan di bawah.

Nota : i) Penyertaan adalah terhad kepada 50 orang di mana seorang wakil setiap firma guaman

ii) Sila fakskan slip ini ke no 05-5465471 untuk perhatian Pn.Nor Azila atau emel kepda PRO Caw. Ipoh ke alamat nurulhaida@hasil.gov.my selewat-lewatnya

pada 22 Feb 2010

iii) Sebarang permalahan sila hubungi Pn.Nor Azila di talian 05-540 7888 samb 52716

Perak Bar Committee 2010/2011

Chairman : Haji Mad Diah Bin Endut

Bar Representative : Dato' Hajah Shamsuriah Bt. Sulaiman

Alternative Dispute Resolution : Mr. Choy Kam Lee

Information Techonology : Mr. Kenny Lai Choe Ken

Syariah : En. Adham Jamalullail Haji Ibrahim

Courts : En. Khairilazwar Khalil

Social : Pn. Zaireen Zainal

Conveyancing : Noorehan Zakaria

Sports : En. Zaizuraimy Abd. Rahim

Professional Development : En. Norazali Nordin

Secretariat, Finance & Library : En. Danial Rahman

Legal Aid & Human Rights : Mr. Edwin Seibel Nathan

Young Lawyers & Chambering Students : Mr. Surindar Singh

Honorary Secretary : Ms. Hemalatha

IN THE DRIVING SEAT: MY LAST REPORT

Before I get to my report, I would like to thank the members of the Perak Bar for the confidence that they had in me and allowing me to serve as Chairman of the Perak Bar Committee for a second term.

At the very first meeting, the Perak Bar committee had set out goals for the term. Foremost amongst those goals was to ensure that the issues regarding the practice of law in Perak will be dealt with. I am proud to say that the members of the Courts Sub-committee had met several times and identified the issues raised by members. After identifying issues that were the most troubling, the sub-committee had then arranged to meet with the key personnel within our court system. We have had meetings with the Courts to inform them of our problems and to try and assist them to ensure that these problems are remedied. Most of the issues that were raised in the lower courts were dealt with.

On behalf of the Perak Bar Committee and the Bar Council respectively, Madam Asbir and I had met with the Chief Justice of Malaya to highlight the issues and problems that we were facing here in Perak.

As most of you know, we have now entered an era of change. As such, the Court systems in Perak have undergone a revamp in order to make it more streamlined and efficient. The Perak Bar Committee has had various meetings with the Managing Judge before the system was implemented and after the system was implemented in order to inform him and his team of improvements that should be done. These meetings have been cordial and I hope that the improvements that have been suggested will come into being.

The various Practice sub committees have been working hard. We have all been made aware of the changes and issues pertaining to the Conveyancing Practice. I am informed that various meetings were held with the PTG and the LHDN to resolve issues that have cropped up. The ADR Sub- committee had organized a Mediation course which was well attended. I wish to thank the Chairpersons and the members of the various practice Sub-committees for all their hard work and efforts.

I wish to thank the Chairman of the Chambering Students Sub-committee for all his hard work in ensuring that the welfare of the chambering students are taken care of.

On the social side, we have organized several social functions, however response was so bad that we had to cancel one of the events. I am pleased to say that I have been informed that the Annual Dinner was a resounding success and the members and guests who attended the Dinner had enjoyed themselves. I wish to thank the Social Sub Committee for all the hard work that was undertaken to ensure the dinner was a success.

In Sports, this year we travelled to Penang for the Annual Perak-Penang Games. The Sports Sub-Committee has reported that the games were well attended. I wish to thank the Chairman and the members of the Sports Sub-Committee for all the hard work in organizing the T- Shirts and ground arrangements for the participants.

The Chairman of the IT sub-committee had done a fantastic job of ensuring that the Perak Bar is informed of all the current events and issues. I hope that members will continue to give their support by handing articles and other works to the IT sub-committee, so that they can be placed on the Blog.

I must thank Ms. Hema and En. Danial for all their hard work in ensuring the Perak Bar Committee secretariat and our finances are in order. They have done a marvelous job.

On a final note, I would wish that members of the Perak Bar would truly appreciate the hard work that the Committee has put in over the years. I also hope that the members of the Perak Bar will take more time to be of assistance to the Perak Bar as a whole by placing their complaints in writing in order that the Perak Bar Committee will be able to deal with the problems that these members face. This will enable the committee in the future, to show you the members, that they have been hard at work to deal with the problems that you the members have encountered.

I also hope that the members of the Perak Bar will also assist in joining the sub-committees in order to help the other members of the Perak bar by devoting their time and effort for the greater good of all.

With that, I wish thank you for your kind support over the last year and trust you will continue to support the incoming Perak Bar Committee with the same support that you have given to me and the members of the Perak Bar Committee over the last year.

Shan Theivanthiran.

Chairman, Perak Bar Committee 2009-2010.

REPORT OF THE COURTS SUB-COMMITTEE

I am proud to say that when the invitations were sent to members of the Perak Bar, the members of the Courts Sub-Committee answered the call to assist the Perak Bar.

It has been a hard year with the constant changes that we as practitioners have had to face what with the numerous changes to the court systems.

We have sent out circulars to the members of the Perak Bar to obtain feedback as to what problems and issues they were facing in dealing with the courts. The feedback received was good and the issues that were raised were then followed up with. The Sub Committee then came up with possible solutions as to how to deal with these issues.

Armed with these complaints and possible solutions, meetings were held with Datuk Zainal and Puan Rasidah and their respective teams. I would like to report that these meeting were very well attended and our suggestions were well received especially by Puan Rasidah and her team. Most of the issues that were raised were dealt with speedily.

The Courts themselves have made efforts to organize meetings with the other stakeholders such as the AG’s Chambers and the Police and invited us to attend and inform them of our problems. During those meetings the Sub-Committee members who were present were able to be frank about what the members’ problems were. These problems were then conveyed to the respective heads of the stakeholders and these problems have been dealt with.

However, on a more cautionary note, these problems have been dealt with and the results have been encouraging but as with all issues not all members of the said stakeholders have been cooperating fast enough. As such it will take time to implement these solutions.

I hope that the incoming members of the Sub-committee will continue where this committee has had to stop.

We, as members of the Perak Bar, must accept that the fast Track system is here to stay. On paper it will improve efficiency in dealing with matters that have been filed in court. However, I must go on record to state that the system can only be effective if the parties to the system cooperate and work together to ensure that the system works. If one component does not see the issues that the other component requires and assists the said component, then the system will fail. As such I humbly seek the cooperation of the members of the Perak Bar to work with the system. If there are any failings or issues, please inform the Perak Bar Committee in writing and the problems that you face will be dealt with by bringing it to the attention of the other stakeholders or components of the system. In short, cooperation and communication are key in ensuring that the system will work for the benefit of all concerned.

I wish to make a plea to the members of the Perak Bar to please contribute your time and effort by either joining the Sub Committee or by writing to the Sub-committee through the Perak Bar Committee, in order that we, as members, can make a difference in our lives.

I wish to thank the members of the sub-committee for all their time and hard work that they have contributed to ensuring that they have made a difference in the practice of law in the state of Perak.

Thank you.

Shan Theivanthiran

Perak Bar Courts Sub Committee.

Mark Your Calendar!

We are pleased to announce that the 15^th Malaysian Law Conference will be held at the Kuala Lumpur Convention Centre from 29-31 July 2010.

Among the confirmed speakers are*:

Lord Bingham, former Senior Law Lord in the UK, who will deliver the Keynote Address on the topic of “Rule of Law: What it means to Judges and Lawyers”; and

Chief Justice Sandile Ngcobo, Chief Justice of the South African Constitutional Court, who will speak on “Constitutional Revival: The South African Experience” at a plenary session.

The Honourable Michael Kirby, retired High Court Judge of Australia

Justice V K Rajah, Singapore Court of Appeal Judge

Chief Justice of Malaysia, Yang Amat Arif Tun Dato’ Seri Zaki bin Tun Azmi, at a plenary session

Yang Berbahagia Tan Sri Abdul Gani Patail, the Attorney-General of Malaysia.

We have also invited various Queen’s Counsel from England to speak on specialist subjects ranging from English libel laws to insolvency laws.

It is anticipated that local and foreign delegates comprising lawyers, legal counsel, academics, members of the judicial and legal services, law students, academics, other professionals and members of various industries from Malaysia and abroad will attend.

The areas that will be covered include:

Sustainability of Energy Development

Current Issues in Enforcement of Securities Law in Malaysia

Current Issues in Shareholder’s Rights & Director’s Duties

Land Law, Islamic Finance, Arbitration, Employment Law, Intellectual Property and many others.

Early Bird registration fees (valid until Monday, 12 July 2010) include:

Pupils and Law Students: RM 700

Members of the Bar: RM 1,200

Non-Members: RM 1,500

For registration details, additional information or to receive updates, please call Sumitra Penesar, Officer-in-Charge, at 03-20260864 or Rachel Tan, Public Relations Officer, at 03-2031 3003 ext. 210, or send an email to mlc2010info@malaysianbar.org.my.

* The topics are subject to modification by the speakers.

Lim Chee Wee

Chairperson, Organising Committee

REPORT OF THE LEGAL AID SUB-COMMITTEE

The Management Panel - (Legal Aid And Human Rights

Sub-Committee)

The management panel for the year 2009/2010 comprises of the following members:-

Chairman : Mr. Domnic Selvam Gnanapragasam

Head of Orang Asli Affairs BCHRC : Mr. Augustine Anthony

Advisor/Deputy Chair : Ms. Lee Pooi Mun

Executive Legal Officer : Mr. M. Gokoolaram Naidu

Committee Members : Dato’ Hjh. Shamsuriah Bt. Sulaiman

Mr. T. Shan

Mr. M. Vengetraman

Mr. M. Thangaveloo

Mr. Joseph Sebestian

Mr. Nahtan Krishnan

Mr. Kenny Lai Choe Ken

Miss Thiru Mangai

Mr. Charan Singh

Ms. Yokinee AT Selvam

Mr. Dexter Mah Kok Leong

Mr. N. P. Ramachandran

Mr. Navaneetha Krishnan

Human Rights Activities

Orang Asli Project

We have been actively involved in this project for the past 5 years. Whenever we are called for assistance by the orang asli villagers, we listen to their grouses and thereupon offer basic advise including legal advice (if necessary) in simple easy to understand manner. Instead of doing everything for them, we will usually guide them into taking a series of action that empower them to face the challenges that confront them. At the same time we will periodically monitor and check on their progress.

A meeting with was held on 07.01.09 at Pejabat Daerah dan Tanah, Batang Padang, Tapah to look into the complaints made by the orang asli villagers of Pos Bersih over heavy erosion caused by sand mining activities which have affected the livelihood of the villagers. The meeting was chaired by the District Officer Dato Zamiri.

Later on the same day another meeting was held at the Kuala Lumpur Central Market to discuss a state level gathering of Malaysia’s Aboriginal Community sponsored by Perak State Government to provide greater awareness to the public of their plight.

On 19.02.09 a meeting was held at Pejabat Daerah dan Tanah, Slim River to discuss land trespass and illegal logging activities at Ulu Slim in Slim River. The meeting was chaired by the District Officer of Slim River.

A talk was held in Kampong Sungei Genting in Chendriang, Tapah on 17.05.09 to empower the orang asli villagers on their rights, land grab, compensation and recognition of ancestral land.

A similar talk was held at Kampong Bilek in Tapah on 07.06.09 as the villagers there were faced with land encroachment and sought means to protect their land.

On 22.07.09 a law awareness program was held at Kampung Batu 14 in Tapah to empower the orang asli villagers and to guide them into taking a series of action to face the challenges that confront them.

A similar program was held on 08.08.09 in Kampong Sungei Tiang and Kampong Bahong Baru at the Pahang-Kelantan border.

On 09.08.09 we partook in World Aboriginal Day 2009 which was celebrated in Kampung Chang in Bidor. The annual celebration included speeches, cultural performance and exhibition.

A law awareness talk was held at Kampung Pahlawan in Langkap on 17.08.09 to provide greater awareness on land rights among other issues.

Another law awareness program was held on 23.08.09 in Kampung Sungei Terisu at the Kelantan-Pahang border to further empower the villagers to fend for themselves.

A visit was made to Gua Musang on 07.11.09 upon receiving distress calls from the villagers of Kampong Segar over the destruction of their ancestral graves and land clearing issues.

Law Awareness Programs

Perak Legal Aid Centre has for years been at the forefront of promoting law awareness among the people. Since we started this project, we have traveled extensively throughout the state and studied and observed exhaustively the condition of the poor and needy in order to ameliorate and endeavor to better their conditions.

A Law Awareness program was held at SMK Dato’ Haji Taib in Chemor on 20.06.09. The talk was on juvenile delinquencies, gangsterism, vandalism and disciplinary matters.

In conjunction with the National Law Awareness Week 2009, several programes were held at various towns in Perak. Three such programs were held in Dewan Merdeka at Lenggong on 22.10.09, Dewan Bunga Raya at Changkat Jering on 27.10.09 and Dewan Merdeka at Tapah on 25.11.09. All three programs were organised by Jabatan Pembangunan Wanita Negeri Perak.

The halls were packed even before the session began as between 350 to 400 participants turned up. Participants included staffs from various government departments, including school students, doctors and nurses, and members of the public.

As for the orang asli communities, two programs were held in Kampung Batu 15, Jalan Cameron Highland, Tapah on 26.10.09 and the other at Kampung Suak Padi, Bota on 27.10.09. Both these programs were well received by the villagers as the turn out was extremely good. The topic on Polis dan Hak Hak Asas Anda interested them and they seemed very receptive by judging from the queries raised during question and answer sessions.

Chambering students who participated were able to gain an insight into a completely different way of life as well appreciated and experience how people lived at such remote places. It was an enriching experience for them.

On-Going Activities

On 06.07.09 a visit was made to Kem Tahanan Kamunting (KEMTA) to provide legal assistance to the detainees and to assist the Bar Council’s Human-Rights Committee (BCHRC) team in any ongoing efforts being conducted on detainees behalf. During the period under review, 6 visits were made to the Tapah Prison and 4 visits were made to Taiping Prison respectively to assist remand prisoners in their bail applications and or legal representations. Our Centre also jointly works with Biro Bantuan Guaman to provide legal assistance to the needy.

The Chambering Pupils program is structured for a duration of 14 clinic days during which time they are given a run down of the Centre’s various projects and activities and are also urged to join them. They are also given guidance on how to interview clients and take instructions. At the end of their short-call period, pupils begin taking up matters by preparing for mitigations and subsequently conducting hearings. At all times they are guided by volunteer lawyers and other senior pupils who act as their mentors. Nineteen pupils enlisted with us underwent a Dock-Brief Training Program on 17.07.09. The pupils were given guidance on mitigation procedures, bail-application and handling of criminal cases.

Cases Handled

During the period under review there were a total of 503 consultations (inclusive of law awareness programs) with 138 new files being opened. The following is the breakdown of cases handled by the Centre:-

Matters Files Opened Consultaton Rejected Total

Criminal 35 23 39 97

Family 19 21 27 67

Employment 17 14 16 47

Summons/H P 15 23 18 56

Probate matters 12 33 17 62

I.C/Passport 27 36 42 105

Tenancy 13 22 34 69

----- ----- ----- -----

138 172 193 503

=== === === ===

The 193 rejected cases refer to matters where the clients either failed the compulsory Means Tests and\or matters which are not within the ambit of the Legal Aid Centre. There are also 27 active litigation files carried forward from the previous years bringing the total of active litigation files being handled for the current period to 165.

(Sgd)

Domnic Selvam Gnanapragasam

Chairman

Perak Legal Aid Centre and Human Rights Sub-Committee

REPORT OF THE SYARIAH SUB-COMMITTEE

Chairperson : Dato Hjh Shamsuriah Sulaiman

Course Preview

The Syariah Laws Committee (SLC) approached the International Islamic University Malaysia (IIUM) enquiring whether they can organize the following courses in Ipoh:-

Diploma in Syariah Law & Practice

Diploma in Law and Administration of Islamic Judiciary and

Diploma in Islamic Banking and Finance

At the time of enquiry, the above courses were only conducted in Kuala Lumpur.

The first course is a pre requirement for any Muslim Advocate and Solicitor who is interested to practice at the Syariah Courts, whilst the third course is now preferred by Banks of Advocates and Solicitors to be empanelled as their Syariah banking lawyers or to be able to continue in the preparation of their Islamic banking documents.

The IIUM has indicated their interest to conduct the course in Ipoh and are considering same.

Wawacana Ilmu

In conjunction with and to commemorate the 81^st Birthday Celebrations of the

DYMM Paduka Seri Sultan Perak Darul Ridzuan, the above two days programme was organized by IKIM, INTIM with the cooperation and support of the State Government of Perak, of which were also invited to participate.

Several eminent and distinguished guests and speakers presented and discussed papers. Some of the topics were:-

Isu-Isu Semasa Perlembagaan

Beberapa Kes dan Isu Perlembagaan

Pertukaran Agama

Penubuhan Mahkamah Persekutuan Syariah - Satu Keperluan

Undang-Undang dan Perlindungan Keluarga

Penambaikan Terhadap Pelaksanaan Undang-Undang Berkaitan Keluarga dan Wanita

Perbandingan Antara Konvensyen Tentang Penghapusan Segala Bentuk

Diskriminasi Terhadap Wanita ( CEDAW) Dengan Undang-Undang Islam Di Malaysia

Ekonomi dan Cabaran Semasa

Pendekatan Ekonomi Islam : Penyelesaian Kepada Kegawatan Ekonomi Dunia

Budaya Perniagaaan dan Daya Upaya Penjanaan Ekonomi

Other topics

Zakat

A zakat giving ceremony was coorganised by the SLC with the cooperation of Bank Persatuan Berhad whereby zakat of about RM5000.00 were given to the needy and students during the month of Ramadan, 2009 just a few days to the auspicious Hari Raya Aidilfitri.

It sure did brought relief, cheers and smiles to the recipients.

Maal Hijraah Conference

The SLC of the Bar Council together with the SLCs’ of the State Bars is organizing a Conference. The said Conference was initially fixed on 19.12.2009 in Kuala Terengganu. Unfortunately due to several factors especially the weather conditions, it had to be deferred.

A new date is to be fixed and announced later.

I take this opportunity to thank all those and all who have assisted in the above programmes and activities of SLC.

(Sgd)

Dato Hjh Shamsuriah

Chairperson

Syariah Law Sub Committeee

REPORT OF THE SOCIAL SUB-COMMITTEE

Chairman : Mr. Su Keong Siew

This has been a rather quiet year for the social sub-committee.

Initially there were plans to organize at least 3 events over the course of this committee. However only one was successfully held, that is, the Annual Dinner with the others abandoned for want of support and response from the members.

This year the Annual Dinner was held at Impiana Casurina Hotel on 20.11.2009 with Y.A. Dato’ Zainal Adzam bin Abd. Ghani D.P.M.P., D.P.M.K., S.M.J., K.M.N. as our guest of honour. Also among the invited guests who attended our dinner were 3 of the Judicial Commissioners of the High Court Y.A. Tuan Tarmizi bin Abd Rahman, Y.A. Tuan Ridzuan bin Ibrahim and Y.A. Tuan Teoh Say Eng.

With a limited budget, members who attended the dinner were treated to a live band performance by “The Mystery Band” and lucky draws. All in all the dinner was a great success and the sub-committee members are grateful and thankful to all members who have contributed to this success in attending the dinner.

Last but not the least, I would like to take this opportunity to thank all those members who have assisted me in organizing the Annual Dinner in particular Miss Janet Wong, Mr. Gavin Tang and Mr. Kenny Lai without whom the Annual Dinner would not have been a success.

(Sgd)

Su Keong Siew

Chairman

Social Sub-Committee

REPORT OF THE INFORMATION TECHNOLOGY SUB-COMMITTEE

Chairman : Mr. Gavin Tang

The Perak Bar Blog has now been running for more than a year. We were pleasantly surprised when YA Dato Wan Afrah wholeheartedly supported our request for the weekly causelist. Ever since then, we have been receiving the causelist weekly and this has been of great assistance to all members of the Perak Bar. We hope to continue having support from the Bench with regards to the causelist. It has however been rather difficult sourcing for articles from our members. However, I must record my thanks to the regular contributors to the blog, namely Miss Navit Kaur, Mr S.Y. Lee and Miss Julia Tang who took time out of their busy schedules to contribute to the blog. It must be noted that the response of the members of the Perak Bar to the articles written were rather underwhelming and our hopes that the blog would provide a sounding board for our members has not taken off.

REPORT OF THE SPORTS SUB-COMMITTEE

Chairman : Kenny Lai Choe Ken

Members : Purshotamdas Nathermal Thadani (Kiko)

Nicky Chen Kok Wai

Ng Poh Tat

Jagjit Singh

Sakthivel Nagalingam

Nahtan Krishnan

Chong Kok Yew

Gavin Tang Cheng Loong

Su Ching

Janet Wong Siang Ping

Dalgit Singh

Nor Asikin Bt. Abdul Rahman

Stephen Su Keong Siew

This years games were however dampened by the news that the Golf game would be called off due to conflict of schedules and lack of players from the Penang side (of so I was informed unofficially). Our golfers were actually all prepared to go for the games and win the crucial point for us but alas, fate had other ideas.

This was just the precursor to a few more cancellations. Hockey had to be called off as our convenor fell sick on the day before with fever and and a number of hockey players did not turn up for the games from Perak. The same for darts. For once the drinkers were dart players as well. Hopefully, the participation from members for these games would increase.

Anyhow, on to the games. The Perak contigent started off the games with a bang! Perak won the tennis game 3-0. Kiko Das and Teik Lee saw off their Penang counterparts with relative ease to give us the first point (8-2) and this was followed by a hard fought victory from our first pairing Aw Tai Jak and Kenny Lai who beat their counterparts 8-5 giving Perak the first point of the games.

The icing on the cake came with our 3rd pairing of Nahtan and Kiko combining to see off the Penang challenge completely. 1-0 to Perak!

Following this, the Perak team had their Badminton, snooker, futsal and table tennis games played almost all at the same time. Despite a valiant effort from Chong Kok Yew and our Perak contigent, we lost Badminton narrowly 4-3. All square now.

More bad news was to come from snooker where Gavin, Kenny, Kiko and our Chairman Shan Theivanthiran lost 4-2 to the Penang team. The only consolation from this was that our actual players for snooker were not available for this years games and hopefully the point would come back to us next yeat. Penang 2-1.

Table tennis was represented by our very own Mr. Ng Poh Tat, Mr. Tan and Mr. Goh from the courts and James Kong. Having watched them battle it out and seeing the concentration and sweat flow, the Penang boys capitalized on their home advantage and our team’s lack of constant practice as table tennis was only scheduled by request 2 weeks before the actual games. Penang 3-1.

There was however good news for Perak from the futsal courts. Perak beat Penang 4-3 with the goals coming from Nicky Chen, 2 from Dave and the winning goal from Kiko Das. The win here was an important one as the Thinakaran s/o Prabakharan challenge trophy (specially donated by M/S Lalchand Nawawi in honour of their friend and partner of the firm) was up for grabs. A minutes silence was held before the kick off as a mark of respect and remembrance of our fallen comrade. Penang 3-2.

The evening session of games came along and 2 more points were at stake, Netball and football.

Despite valiant efforts by our makeshift team of Netball players we lost the game. All credit must go my convenor Mdm. Su Ching for managing to find the players for the games. I must state here however that the participation from the female members for the games is at best appalling. I hope that the participation from the women members increase in the years to come. Penang 4-2.

Football was held and the Perak held off the younger and fitter Penang players for 2 halves throwing themselves at every ball with every ounce of their energy in the blazing evening sun.

The Penang bar threw everything including the kitchen sink at the Perak Bar goal post but some inspired defending from the defenders Ian Choo, Baldip Singh, Andrew Yee and Chong Kok Yew met every challenge and prevailed.

The first half started with Kenny Lai in goal as the regular keeper Nahtan had injured himself in the futsal game earlier. The second half started with Kiko Das in goal in place of Kenny. Half way through the second half Kiko requested to be put in midfield and was duly replaced again by Kenny in goal. Soon after that, a freekick was awarded to Perak about 30 yards from goal 2 minutes from full time..

Having already scored a freekick for Perak Bar in Futsal, Kiko stepped up to put his 21 years experience playing for Perak Bar to use. With the blow of the whistle and a perfect free kick beating the wall and the tallest player from Penang (their convenor GT) and the outstanding keeper (who had a blinder of a game thus far). GOAL! Perak had scored despite the overwhelming odds and Kiko lifts his arms up in the shape of a “V”.

There was still much to do though for the last 2 minutes the onslaught from Penang continued but the midfield of Perak and the Defence of Perak held on and prevailed! Perak had won the football match and pulled one back for Perak. Penang 4-3.

The last competitive point for the day was the boat race and Perak was represented by Janet Wong, Chong Kok Yew, Andrew Yee, YB Kashvinder Singh and Ranjit Singh. Perak led all the way and won the boat race when Penang was disqualified when the 4th drinker did not wait for the 3rd drinker to set the cup down on the table before picking his glass up. It may have been a technicality but it was still a point for Perak. Perak 4-4.

The dinner was held at the Penang Sports Club. The food was great and the drinks were flowing continuously and the camaraderie was evident on the faces of all who were there. Friendships were made and competitiveness was set aside for the festivities. The term eat, drink and be merry was the theme for the night. And for some it was a really late night!

The next morning we had the last few competitive games to be played of basketball, volleyball, bowling and cricket.

Somehow, Perak managed to beat Penang in basketball with a score of 28-20. Must have been the inspired commandeering of the squad by its convenor Mr. Stephen Su. Perak 5-4.

Perak however were no match for the volleyball prowess of Penang Bar and duly lost the tie 2-0. Penang 5-5.

Cricket was played in the blazing hot sun and being short of players, the Perak team had a few Penang bar members helping out. A true show of the spirit of the games. And the score was also a great reflection of it. A Draw! 6-6.

The final and deciding game was bowling. Perak raced to a 170 pin lead in the 1st 2 frames. With one final frame to go, our Perak team must have thought the game was in the bag. The Penang team though had other ideas and fought back to win the 3rd frame and the overall bowling game by 25 pins. Kudos to Noraisikin and her team for their brave and valiant effort anyhow. Penang wins the challenge trophy narrowly by 7-6.

Overall, the games was held in a great atmosphere and the camaraderie. It has been suggested that the games be toned down and to start the games from Friday night. This would be left to the next convenor. And I hope that the participation from our members increases next year and the Perak-Penang Bar games continues on.

I must put in a word of thanks to all my convenors and all the players and the supporters who took the time to travel to Penang for this installment of the games. Thank you!

On a separate note, I would like to state for the record that the annual Perak-Penang Games have been a long standing tradition and it is getting more and more difficult to get the younger members of the Perak Bar to participate in the games which in turn makes it very disheartening for those who have sacrificed their time and effort. Participation means both in playing the games as well as in supporting the team when they play. It is through the camaraderie of the games that we make lasting friendship amongst the members of the Perak Bar as well as making new ones with the members of the Penang Bar. I hope that the members will start participating as a lot of time and effort is put in by the Sports Committee in organizing the games.

(Sgd)

Chairman

Kenny Lai Choe Ken

Sports Sub-Committee

REPORT BY PERAK BAR REPRESENTATIVE TO THE BAR COUNCIL 2009/2010

This being my second year as Perak Bar representative to the Bar Council, I was assigned to be the Chairperson for the LawCare Committee and contact person for National Court Liaison Committee.

1. LawCare Committee

1.1 As you are aware, each practising member of the Bar pays RM100.00 per year to the Bar Council LawCare Fund and the Bar Council has taken out an insurance whereby upon the death of a member of the Bar who is in possession of a practising certificate at the time of his death, the sum of RM30,000.00 would be paid to his named nominee, or his personal representative in the event there is no nominee.

1.2 Before June 2009 the entire sum of RM30,000.00 was paid out by the insurance company. However, with effect from 1.6.2009, our previous insurers were quoting a very high premium and we had to change the insurer to Anika Insurers Brokers Sdn Bhd. It was only feasible to insure the members for RM20,000.00 and even then the insurers would only insure those members until the age of 69 years.

1.3 Hence, the Bar Council pays out RM10,000.00 from the LawCare Fund and upon receipt of RM20,000.00 from the insurers, the same is paid out to the named nominee or the personal representatives or beneficiaries under the Distribution Act, as the case may be.

1.4 To expedite the disbursements of the funds upon receipt from the insurers and the RM10,000.00 from the LawCare Fund, all members are advised to complete the nomination form and send it to the LawCare Department at the Bar Council – Attention: Cik Mazni. New LawCare forms will be given out at the Annual General Meeting together with the annual report.

1.5 For practising members who are above 69 years old, upon death the sum is paid out from the LawCare Fund with the Bar Council.

2. Court Liaison Committee

2.1 Due to problems faced in the Courts after the introduction of Tracking system and Key Performance indicators, this committee was formed. For expedience, each state Bar committee dealt with problems faced by their members and only problems which were common or could not be addressed by the committee were referred to this committee.

3. After the Extra-General Meeting by the Malaysian Bar on 12.12.2009, 3 Specialists Court Committees were formed.as follows:-

i) a committee for High Court civil matters;

ii) a committee for Court of Appeal civil matters and Federal Court; and

iii) a committee for the Criminal High Court, Court of Appeal and Federal Court.

Members are encouraged to write in as regards the problems faced by them if they cannot be resolved at the state Bar committee level so that they can be brought up with the YAA Chief Justice Malaysia and YAA Chief Judge of Malaya.

4. Among the issues that were raised at the first meeting of the Specialist Court Committee held on 26.1.2010 were as follows and your feedback would be appreciated:-

4.1 Costs

Disparity in the amount of costs awarded by the Courts.

4.2 Proposed Combined Rules of the Courts (High Court and Subordinate Courts)

4.2.1 These Rules are available from the state Bar committee.

4.2.2 YAA Chief Justice had at the Opening of the Legal Year said that it is his aim to implement the Combined Rules of the Courts by July this year.

4.3 Case Management and Witness Statements

There has been complaints about lack of standardization case management and witness statements. Your comments to the state Bar committee would be appreciated so that they can be forwarded to the Specialist Court Committee.

5. Law Reform Committee under PM’s Department chaired by Datuk Liew Vui Keong

5.1 The Law Reform Committee with the representatives from the various stakeholders including a representative from the Malaysian Bar has been formed to review various Acts of Parliament with a view to revise/update them. Among the Acts are Civil Law Act, Evidence Act, Criminal Procedure Code, Dangerous Drugs Act, Internal Security Act, Unfair Contract Terms Act, Reciprocal Enforcement of Judgment Act, RELA Act, Commissioner for Oaths Act.

5.2 If there are any other Acts that you think ought to be reviewed, please send a note to the Specialist Court Committee – officers in charge : Miss Vinodhini Samuel and Cik Nik Waheeda.

I join my colleagues at the Bar to wish our Chinese sisters and brothers at Law a very happy, prosperous and healthy New Year.

ASBIR KAUR SANGHA

(11.2.2010)

ADR REPORT

Chairman : Mr. Choy Kam Lee

The Perak Bar Committee on ADR adjourned the following for the year :-

1. Mediation Skills Training in Ipoh on the 7^th to the 11^th February 2009.Members of the Perak Bar together with members of the judiciary attended the mediation course and I believe they enjoyed themselves. There were 21 participants of which four did not qualify to be mediators after an assessment

2. We also had a few Saturday Training practices for those who wanted to further

sharpen their mediation skills.

3. On the 10^th July 2009, we had a talk on Arbitration under the new Arbitration Act 2005 by My. Sundra Rajoo at the Perak Bar Secretariat. There were 19 members who gave their names intending to attend but on the day of the talk we only had 7 members attending. I hope that when talks are organized more members would attend in future.

Choy Kam Lee