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

REAL PROPERTY GAINS TAX EXEMPTION 2009

PBC/Conveyancing-Circular/4/1/10

27^th January 2010

To all the Members of the Perak Bar,

Re : Real Property Gain Tax (Exemption) 2009

Please take note that RPGT Forms (Borang CKHT) are available from the website

Website : www.hasil.gov.my

Click : Borang

Category : Borang Cukai Keuntungan Harta Tanah

Please be informed that Borang CKHT 1 and CKHT 2 must be submitted within 60 days from the date of the sale and purchase agreement and the payment to be made within 30 days from the date of notice.

In the meantime, we have requested from LHDN to hold a briefing on this issue.

Thank you.

Yours sincerely,

Nurasikin Binti Abdul Rahman

Chairperson

Conveyancing Sub Committee

Workshop on Advocacy in Arbitration Proceedings by the Barristers from Lamb Chambers Middle Temple, London

The Bar Council Professional Standards and Development Committee (“PSDC”) in collaboration with the Kuala Lumpur Bar Professional Development Committee (“PDC”) will be organising the abovementioned workshop from 04.02.2010 to 06.02.2010.

The Workshop is designed to give participants step-by-step training on how to conduct and complete an arbitration proceeding. It is specially tailored for members of the Bar with 0-5 years post qualifying experience and pupils in chambers who have a keen interest in arbitration.

About the speakers

Paul Emerson (1984)
London University
Council of Legal Education
Ver Heyden De Lancey Prize in Forensic Medicine
Paul Stewart (1975)
Coleraine Academic Institution
Queen’s University of Belfast BA

Adam Swirsky (1989)
Wellington College Berkshire
London School of Economics – BSc (Econ) and MSc
Polytechnic of Central London – Dip Law
Council of Legal Education – Bar Examination
Derek Kerr (1994)
University of Reading , LLB (Hons)

Matthew Winn-Smith (2003)
MA Law, Regent’s Park College , Oxford
Robin Gist (2004)
Masters in Chemistry, Imperial College , London
Swiss Federal Institute of Technology, Zurich
Prince of Wales Scholarship by Gray Inn

Bernard Pressman (2004)
LLM Corporate & Commercial Law, Kings College , London
Bar Vocational Course, Inns of Court School of Law , London
Elizabeth Dwomoh (2005)
Université Panthéon–Assas Paris II, Diplôme de Droit Français
University of Dublin , Trinity College , LLB (Hons)
Inns of Court School of Law , BVC



Date : 04.02.2010 to 06.02.2010
Time : 9.00am to 5.30pm
Venue : Bar Council Auditorium
1st Floor
Nos. 13 – 15
Leboh Pasar Besar
50050 Kuala Lumpur

Registration Fee
Members of the Bar RM750
Pupils in Chambers RM550
Non-Members RM850

Please complete and return the registration form together with registration fee to the Kuala Lumpur Bar Secretariat to confirm attendance. For registration information, please call Melissa 03 – 26920745.

Payment can be made by cheque or cash. Cheques should be made payable to “Kuala Lumpur Bar Committee”. Payment must be made in advance of the Workshop. Please add RM0.50 for outstation cheques.

There are limited places available and registration is on a first-come, first-served basis.

CAUSELIST FOR HIGH COURT 1

Dear Perak Bar Members,

Kindly find attached herewith the causelist for High Court 1 from 11-14th Jan, 2010.

The causelist can be downloaded here and here.