Thursday, 23 June 2011

Talk on 'The Domestic Violence Act 1994: Protection For Survivors'

---------- Forwarded message ----------
Date: 23 June 2011 09:38
Subject: Talk on 'The Domestic Violence Act 1994: Protection For Survivors'
To:



SBC/CIR/048/11
23rd June, 2011


Dear Members of the Bar,
The Selangor Bar Committee is organising a talk on  'The Domestic Violence Act 1994: Protection For Survivors'on 1st July, 2011 [Friday], 5.00 p.m. at the Selangor Bar Auditorium.



Press Release: Refugees: Save them from a different kind of hell

---------- Forwarded message ----------
Date: 20 June 2011 12:45
Subject: Press Release: Refugees: Save them from a different kind of hell


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Press Release
Refugees: Save them from a different kind of hell

Today, 20 June 2011, is World Refugee Day. We call on our fellow Malaysians to take some time to spare a thought for the plight of refugees and asylum seekers in Malaysia.

The issue of refugees and asylum seekers in Malaysia has been highlighted in the media in recent weeks, as a result of the agreement announced by the Prime Ministers of Australia and Malaysia on 7 May 2011. Under the agreement, the full details of which have not been released yet, Australia will resettle 4,000 refugees currently residing in Malaysia over a period of four years. These 4,000 will be chosen from nearly 100,000 refugees and asylum seekers who have already been registered by the Office of the United Nations High Commissioner for Refugees ("UNHCR") in Malaysia. In return, Malaysia will accept for processing in Malaysia 800 persons who have been intercepted by the Australian authorities as they attempted to reach Australia.

The Malaysian Bar has already made known its grave concerns about this arrangement, primarily because of the lack of any guarantees that the human rights of all refugees and asylum seekers will be honoured pursuant to the 1951 United Nations Convention relating to the Status of Refugees. There is no assurance that they will enjoy adequate protection and fair treatment of an internationally-acceptable standard. It also smacks of a trade in refugees and asylum seekers. There simply cannot be double standards in giving preferential treatment (in terms of financial and other support) to the 800 persons sent by Australia and ignoring the nearly 100,000 already in Malaysia. Our position has been made known in two press statements, on 9 May 2011 and 3 June 2011.

Malaysia has to urgently tackle the issue of refugees and asylum seekers head-on. We cannot close our eyes and hope that the problem will go away. At current resettlement rates, and even if no more refugees and asylum seekers arrive in Malaysia (which is highly unlikely), it will take anywhere between eight to 12 years to resettle the refugees and asylum seekers already living in Malaysia. For the period that refugees and asylum seekers live in Malaysia, it is our moral duty and humanitarian responsibility to assist them.

It is a selfish society that says to those fleeing from danger and persecution and seeking help at our doorstep that we cannot shelter and feed them until our own people are comfortable and well-fed, we cannot clothe them until our own people are well-dressed, we cannot give them jobs because we already have too many foreign workers in our midst, and we cannot educate their children because that would divert precious resources from our own children.

Each of these refugees and asylum seekers is somebody's father or mother, son or daughter. It cannot be that we are insensitive to their plight simply because they are not our fathers or mothers, our sons or daughters.

Refugees and asylum seekers are not undocumented migrants or foreign workers. They are people who have genuinely fled their home countries out of a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. They have arrived in Malaysia in search of refuge and safety, respite and the chance of resettlement. The reality is often totally the opposite.

We call on the police, immigration authorities and Ikatan Relawan Rakyat Malaysia ("RELA") members to stop harassing them and violating their human rights. This will only happen if Malaysia first regularises their presence in Malaysia by establishing laws that legally recognise refugees and asylum seekers. They have fled situations of great danger and endured long and perilous journeys only to find themselves terrorised by local law enforcement agencies. Those who hold cards issued by UNHCR are not supposed to be arrested for immigration-related offences, yet they still are detained. During detention, they are often subjected to physical and emotional abuse, inhumane treatment and extremely poor living and sanitation conditions. To avoid this risk, they remain cooped-up in cramped and crowded accommodation for long hours each day.

After legally recognising their presence in this country, we need to grant them the right to work. Because we do not legally recognise their presence in Malaysia, refugees and asylum seekers cannot legitimately be employed. As they search for the means to support themselves and their loved ones, they take up whatever informal work they can find, often at very low pay, in unsafe conditions and without any form of insurance coverage. Many are victimised and exploited by Malaysian employers who know that refugees and asylum seekers are not able or willing to complain for fear of reprisals from the employer or repercussions from the authorities. They do the dirty, demeaning and dangerous work that we Malaysians shun. We enjoy the benefit of their labour but deny them the benefit of the protection that they deserve.

We need to educate the children among them. Close to 20% of the nearly 100,000 refugees and asylum seekers are of school-going age, but without access to formal education. Informal classes are conducted by non-governmental and faith-based organisations, but children attending these classes cannot take any recognised examinations and receive internationally-accepted qualifications. We condemn a whole generation of refugee children to a life without the hope of advancement that education can bring. We rob children of their childhood.

On this World Refugee Day 2011, it is long overdue for Malaysia to recognise and respect the rights of refugees and asylum seekers. We, as citizens, must lobby our governments and lawmakers to bring about nothing short of a transformation of policies and procedures for dealing with refugees. We also need to change our own thinking and attitude, to differentiate between refugees and asylum seekers and other categories of movements of people, and to appreciate why we should reach out to protect and support them.


Lim Chee Wee
President
Malaysian Bar

20 June 2011

Talk on 'The Domestic Violence Act 1994: Protection For Survivors'

Subject: Talk on 'The Domestic Violence Act 1994: Protection For Survivors'
To:



SBC/CIR/048/11
20th June, 2011


Dear Members of the Bar,

The Selangor Bar Committee is organising a talk on  'The Domestic Violence Act 1994: Protection For Survivors'on 1st July, 2011 [Friday], 5.00 p.m. at the Selangor Bar Auditorium.


Talk on 'Drafting An Injunction & Its Submissions'

Date: 21 June 2011 18:12
Subject: Talk on 'Drafting An Injunction & Its Submissions'
To:



SBC/CIR/049/11
21st June, 2011


Dear Members and Chambering Pupils,
The Selangor Bar Committee is organising a Talk on 'Drafting An Injunction & Its Submission' on 8th July, 2011 [Friday], 5.00 p.m at Selangor Bar Auditorium.
Friday, 8th July, 2011  |  5.00 p.m. Selangor Bar Committee Auditorium
Registration Fee:    Members of the Bar RM35.00 Pupils in Chambers RM20.00 Non-Members RM50.00


 

   Talk : DRAFTING AN INJUNCTION & ITS SUBMISSIONS

I/We would like to register for the Talk
Name : ____________________________________________
Email : _____________________________________________
o Member o Pupil o Non-member/Student
(Tick where applicable)
I/We would like to register for the Talk
Name : ____________________________________________
Email : _____________________________________________
o Member o Pupil o Non-member
(Tick where applicable)
Name of Firm :_____________________________________
___________________________________________________
Address :__________________________________________ ___________________________________________________
___________________________________________________
Telephone :_______________
Fax :______________________
Date : ________________ Signature ___________________

Registration must be accompanied with payment to guarantee your place and is on a first-come first-served basis

Cheques should be crossed and made payable to SELANGOR BAR COMMITTEE
Please complete and forward this form together with the total registration fee to:-
Selangor Bar Committee
No. 41, Jalan Bola Jaring 13/15
Seksyen 13
40100 Shah Alam
Selangor Darul Ehsan Fax: 03-55199037
N.B.
·          The Organisers reserve the right to make any changes deemed to be in the best interest of the Seminar.
·          Registration must be accompanied with payment to guarantee your place.
·          Fee paid is non-refundable unless the Seminar is cancelled by the Organisers. If a participant is unable to attend, a replacement is allowed provided the Selangor Bar is notified in writing of the name of the new participant(s) at least 48 hours prior to the commencement of the Seminar.
·          Registration is strictly on a First-Come, First-Served basis.
·          The registration counter will be opened for registration at 4.00p.m. on the day of the event. The Seminar will start at 5.00 p.m. sharp. Please be punctual.
·          Certificate of attendance will be given.
·          This form may be duplicated for additional participants *
·           
OBJECTIVE OF THE TALK

The Objective of the Talk is to show the correct approach to draft an Injunction Cause Paper and how to draft the Written Submissions for the Injunction.  

This talk will benefit all practitioners since injunctions are regularly sought after in Court these days.

ABOUT THE SPEAKER

The Talk will be presented by a very experienced legal practitioner. Mr. A. Vishnu Kumar read law at University of Newcastle Upon Tyne and obtained his LLM in Commercial & Corporate Law in University College London (UCL) University of London. He is currently a Partner in the legal firm of Messrs. Rajpal Firah & Vishnu. He is also the Chairman Of The Civil Law Sub Committee of the Selangor Bar.

Mr. A. Vishnu Kumar has vast experience in Civil Litigation matters ranging from interlocutory applications, trial and appeals and has conducted all types of hearings at the Federal Court, Court of Appeal, High Court, Sessions Court and Magistrates Court level. He has also defended lawyers and conducted matters at the Investigative Tribunal, Disciplinary Board & High Court.

He is often sought by law firms to act as Counsel and his legal advice is often sought by various law firms.  

Mr. A. Vishnu Kumar was involved in numerous high profile reported cases, including the Federal Court cases of Lim Oh & 6 Ors v. Allen & Gledhill [2001] 3 AMR 2981, Sri Kelangkota-Rakan Engineering JV v. Arab Malaysian Prima Realty Sdn Bhd [2003] 4 AMR 337, Mahadevi a/p Nadchatiram v. Thiruchelvasegaram a/l Manickavasegar [2003] 5 AMR 661 and the Court of Appeal cases of Silver Concept Sdn Bhd v. Brisdale Rasa Development Sdn Bhd [2002] 3 AMR 3689, Silver Concept v. Brisdale Rasa Development [2005] 4 MLJ 101, Maxisegar Sdn Bhd v. Silver Concept [2005] 5 MLJ 1, Bank of Tokyo v. Poong Lim [2005] 3 CLJ 843 and Abdul Rashid Maidin & Ors v. Lian Mong Yee [2008] 1 CLJ 1.
Thank you

Secretariat,
Selangor Bar Committee.


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