Monday, 8 August 2011

Postponement of Seminar on an Introduction to International Chamber of Commerce Arbitration (9 Aug 2011)

Postponement of Seminar on an Introduction to International Chamber of Commerce Arbitration (9 Aug 2011)


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Circular No 170/2011
Dated 8 Aug 2011


To all Members of the Malaysian Bar

Postponement of Seminar on an Introduction to International Chamber
of Commerce Arbitration (9 Aug 2011)

We refer to Circular No 163/2011 dated 27 July 2011, where we informed Members of the "Seminar on an Introduction to International Chamber of Commerce Arbitration", to be held on 9 Aug 2011 at the Bar Council Auditorium.

We regret to inform that due to poor registration numbers, the Seminar has been postponed until further notice.

We apologise for any inconvenience caused.

Please do not hesitate to contact Marianna Laureen Tan by telephone at 03-2050 2086, or by email at ml.tan@malaysianbar.org.my, should you have any queries.

WSW Davidson
Chairperson
Arbitration Subcommittee



This circular may also be accessed here.


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To add or change your e-mail address, please fax (and not via email) your new email address under your firm's letterhead to the Bar Secretariat at +603-20261313.

This message was sent from a notification-only email address that does not accept incoming email. Please do not reply to it. Thank you.



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National Symposium on Islamic Banking and Finance, Kuala Lumpur (12 Sept 2011)

National Symposium on Islamic Banking and Finance, Kuala Lumpur (12 Sept 2011)


Circular No 171-2011.jpg


This circular may also be accessed here.


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To add or change your e-mail address, please fax (and not via email) your new email address under your firm's letterhead to the Bar Secretariat at +603-20261313.

This message was sent from a notification-only email address that does not accept incoming email. Please do not reply to it. Thank you.



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Press Release: Real rule of law must prevail

Press Release: Real rule of law must prevail


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Press Release
Real rule of law must prevail


Three events reported in the past week give rise to grave misgivings as to the manner in which legislation allowing detention without trial is being used, and have indeed demonstrated why such laws should be repealed.

First was the release of six Parti Sosialis Malaysia ("PSM") leaders on 29 July 2011. These leaders had been detained under the Emergency Ordinance ("EO") since 2 July 2011.  According to press reports, the Prime Minister had stated that "the police's decision to release the six…was based on their judgment and goodwill" and that "the act depicted that the country always upheld the rule of law".

Second was the announcement of the release of eight Immigration Department officers detained under the Internal Security Act 1960 ("ISA") in connection with allegations of human trafficking.  These officers have been in custody since mid-October 2010, apparently on the basis that their actions could undermine national peace and security.  The decision to free them was reportedly because, according to the Minister of Home Affairs, they had "shown remorse and repented for their actions and have promised not to repeat the offence". 

The third report, in yesterday's press, was that the EO "can and will be used against operators of illegal online or cyber casinos".

The Malaysian Bar has repeatedly denounced the detention of persons without trial under any circumstances, as it is an unjustified infringement of the rule of law.  The Prime Minister's reported statement is hence ironical, as preventive detention laws would not even exist in a country that truly upholds real rule of law.

The alleged statement by the Minister of Home Affairs carries the implication that detention without trial is for the purpose of re-education.  Uncomfortable parallels with the re-education camps of previous and infamous oppressive regimes (such as the Khmer Rouge) are reinforced by media reports that the detainees were grateful for having been detained without trial under the ISA.  It was also reported that the detainees had been cooperative with the enquiries of the police, raising the spectre of the detention under the ISA being used as an interrogative technique.   Finally, it was reported that the decision to release the detainees was in the spirit of Ramadan. 

Without in any way disparaging the quality of benevolence, it must be pointed out that its exercise in this context highlights the essentially arbitrary nature of the detention without trial laws.  This contention is fortified by the Prime Minister's alleged statement that the release of the six PSM leaders "was based on [the police's] judgment and goodwill".  What is eminently clear is that ulterior motives are reportedly affecting the exercise of the Minister's discretion under such laws.

All detentions under preventive detention legislation are abhorrent, as the perceived offenders should instead be charged under existing laws.  For example, human trafficking, which is an offence of the utmost gravity, is the subject of specific legislation, namely the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007.  Various current laws can be relied upon to curb operators of illegal online or cyber casinos (or new laws should be enacted, if necessary).  Notwithstanding this, there appears to have been no suggestion that prosecutions will result.

The ISA and EO, and other similar laws, go against the most basic tenets of justice.  They strike not only at constitutional guarantees concerning the liberty of the individual, but also at the principle that justice must be seen to be done.  There is a complete absence of transparency in the exercise of these laws, as a result of which the public at large has no knowledge of the offences which the Minister for Home Affairs says have been committed.  In addition, such laws do not allow for judicial oversight and are therefore susceptible to serious abuse.

In short, these cases exemplify that arbitrary detention is being used for ulterior motives and as a substitute for trial (and, if need be, punishment) under the criminal laws.  There can be no clearer illustration that preventive detention laws are repressive and outmoded, and whose time has passed.

The Malaysian Bar reiterates its long-standing call for the release of all detainees held under preventive detention laws, and the repeal of all such laws.


Lim Chee Wee
President
Malaysian Bar

4 Aug 2011

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Seminar on an Introduction to International Chamber of Commerce Arbitration (9 Aug 2011)

Seminar on an Introduction to International Chamber of Commerce Arbitration (9 Aug 2011)



Circular no 163-2011_1.jpg
Circular no 163-2011_2.jpg


This circular may also be accessed here.



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Seminar on an Introduction to International Chamber of Commerce Arbitration (9 Aug 2011)

Seminar on an Introduction to International Chamber of Commerce Arbitration (9 Aug 2011)



Circular no 163-2011_1.jpg
Circular no 163-2011_2.jpg


This circular may also be accessed here.



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Press Release: Celebrate freedom, not fear

Press Release: Celebrate freedom, not fear


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Press Release
Celebrate freedom, not fear


The Malaysian Bar deeply deplores the action by the Jabatan Agama Islam Selangor ("JAIS") who, with the assistance of Polis DiRaja Malaysia, rudely interrupted a thanksgiving dinner hosted by a community-based non-governmental organisation and held at Damansara Utama Methodist Church two days ago.

We welcome the statement of regret offered by the Menteri Besar of Selangor over the incident, and his call for JAIS to furnish a detailed report on the incident.  We trust that appropriate disciplinary action will be taken if JAIS officers are found to have exceeded their authority in this regard.  The civil authorities cannot allow the Islamic department to wantonly disrespect the fundamental rights and liberties of all citizens to gather and associate freely with one another. 

Especially in this month of Ramadhan, one would have hoped that the Islamic religious authorities in Selangor would have focused their attention on more constructive pursuits rather than the disruption of a community thanksgiving dinner that brought together people of various races and faiths in peace, harmony and unity.  This is the true spirit of Malaysia which we must value, uphold, protect and defend. 

We know of no prohibition in law against Muslims entering the premises of a Christian church, nor of being part of the audience in a thanksgiving event held in such a place, even if such an event were to contain certain religious elements such as prayer and singing.  By conducting such a raid, video-recording a part of the event, rummaging and removing the contents of garbage bags and then taking down the particulars of Muslims found in attendance, treating them as though they had somehow broken the law, JAIS has besmirched the good name and sullied the hard-earned reputation of Malaysia and her peoples for multi-racial, multi-cultural and multi-faith acceptance. 

This action on the part of JAIS, coming so closely after the insensitive public service announcements released by television station 8TV, does not bode well for the future of inter-racial and inter-faith harmony in our country.  If, after almost 54 years of independence in Peninsular Malaysia, a state Islamic authority and a national television company can still display a form of arrogant authoritarianism and callous condescension in their actions, then we must collectively ask ourselves where we have failed as a nation.  Moderation has increasingly given way to mindless orthodoxy, and those in authority have parted company with common sense.

Let us all recommit ourselves, in this mutual month of Ramadhan and Merdeka, to a practice of faith or belief that will free our lives from fear, and a pursuit of ideals that will free our thoughts from binding shackles, both of which our forefathers struggled so hard to achieve.


Lim Chee Wee
President
Malaysian Bar

5 Aug 2011



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Seminar on an Introduction to International Chamber of Commerce Arbitration (9 Aug 2011)

Seminar on an Introduction to International Chamber of Commerce Arbitration (9 Aug 2011)



Circular no 163-2011_1.jpg
Circular no 163-2011_2.jpg


This circular may also be accessed here.



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Talk : The Sale and Purchase Agreement: Practical Tips on Drafting

Subject: Talk : The Sale and Purchase Agreement: Practical Tips on Drafting


SBC/CIR/066/11
5th August, 2011

cid:image001.jpg@01CAFB2D.62742780


Dear Members and Chambering Pupils,
The Selangor Bar Committee is organising a Talk on:The Sale and Purchase Agreement:Practical Tips on Drafting on 19th August, 2011 [Friday], 5.00 p.m at Selangor Bar Auditorium.
Friday, 19th August, 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 : The Sale and Purchase Agreement: Practical Tips on Drafting 
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/Student (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-serve 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 talk.
·         Registration must be accompanied with payment to guarantee your place.
·         Fee paid is non-refundable unless the talk 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 talk.
·         Registration is strictly on a First-Come First-Served basis.
·         Registration fee does not include any material or handout. There is a nominal fee for material and handout(if any).
·         The registration counter will be opened for registration at 4.00pm on the day of the event. The talk will start at 5.00 p.m. sharp. Please be punctual.
·         Certificate of attendance will be given upon completion of the whole talk to participants who have attended until the end of the talk. However, certificate of attendance shall not be awarded to those participants who attend this talk after 15 minutes upon its commencement.
·         Certificates will be awarded to the participants personally and no representatives shall be entertained
·       This form may be duplicated for additional participants *


The talk will be mainly on drafting a sub-sale sale and purchase agreement and primarily for students or practitioners who are new to conveyancing matters.

A brief outline of the talk is as follows:-

-          Standard boiler plate clauses for a sale and purchase agreement;

-          To explain the various clauses that are in a sale and purchase agreement;

-          The difference in drafting for properties with and without individual title;

-          Any potential pitfalls to look out when drafting;

-          Understanding your responsibilities as a solicitor in a sale and purchase transaction.

The Talk will be presented by Mr. Ivan Wong Ee Vern. Mr Ivan Wong was called to the Malaysian Bar in 1992 and is currently a partner in the legal firm of Messrs. Azhar & Wong.

Mr. Ivan Wong has extensive knowledge in conveyancing practice. He has acted for property developers in various aspects of property development including land purchase, approvals, sale and purchase documentation, formation of joint management bodies and management corporations and other areas as well as advised corporations on various aspects of commercial law. 


Thank you,

Secretariat,
Selangor Bar Committee.





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Talk : The Sale and Purchase Agreement: Practical Tips on Drafting

 Talk : The Sale and Purchase Agreement: Practical Tips on Drafting
To:


SBC/CIR/066/11
5th August, 2011

cid:image001.jpg@01CAFB2D.62742780


Dear Members and Chambering Pupils,
The Selangor Bar Committee is organising a Talk on:The Sale and Purchase Agreement:Practical Tips on Drafting on 19th August, 2011 [Friday], 5.00 p.m at Selangor Bar Auditorium.
Friday, 19th August, 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 : The Sale and Purchase Agreement: Practical Tips on Drafting 
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/Student (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-serve 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 talk.
·         Registration must be accompanied with payment to guarantee your place.
·         Fee paid is non-refundable unless the talk 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 talk.
·         Registration is strictly on a First-Come First-Served basis.
·         Registration fee does not include any material or handout. There is a nominal fee for material and handout(if any).
·         The registration counter will be opened for registration at 4.00pm on the day of the event. The talk will start at 5.00 p.m. sharp. Please be punctual.
·         Certificate of attendance will be given upon completion of the whole talk to participants who have attended until the end of the talk. However, certificate of attendance shall not be awarded to those participants who attend this talk after 15 minutes upon its commencement.
·         Certificates will be awarded to the participants personally and no representatives shall be entertained
·       This form may be duplicated for additional participants *


The talk will be mainly on drafting a sub-sale sale and purchase agreement and primarily for students or practitioners who are new to conveyancing matters.

A brief outline of the talk is as follows:-

-          Standard boiler plate clauses for a sale and purchase agreement;

-          To explain the various clauses that are in a sale and purchase agreement;

-          The difference in drafting for properties with and without individual title;

-          Any potential pitfalls to look out when drafting;

-          Understanding your responsibilities as a solicitor in a sale and purchase transaction.

The Talk will be presented by Mr. Ivan Wong Ee Vern. Mr Ivan Wong was called to the Malaysian Bar in 1992 and is currently a partner in the legal firm of Messrs. Azhar & Wong.

Mr. Ivan Wong has extensive knowledge in conveyancing practice. He has acted for property developers in various aspects of property development including land purchase, approvals, sale and purchase documentation, formation of joint management bodies and management corporations and other areas as well as advised corporations on various aspects of commercial law. 


Thank you,

Secretariat,
Selangor Bar Committee.





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