Thursday, 4 October 2012

Malaysia-Closure of registration for the Talk on 19.10.2012

From: Selangor Bar <>
Date: 4 October 2012 12:46
Subject: Closure of registration for the Talk on 19.10.2012

3rd October, 2012

Dear Members and Chambering Pupils,
Kindly note that all the seats for the Talk on 'Setting Aside Illegal And Void Contracts' scheduled 19th October 2012 (Friday) have been allocated to participants who have registered and paid for the same.
As such, we will not be accepting any new registrations for the aforesaid Talk.
Kindly call secretariat @ 03-55196219 for clarification.
Thank you
Selangor Bar Committee.


Malaysia-Risk Management for Staff Workshop (1 Nov 2012)

Risk Management for Staff Workshop (1 Nov 2012)

This circular and the attachment may also be accessed here.


Malaysia-Press Release: Malaysian Bar welcomes additional RM20 million allocation for YBGK

Press Release: Malaysian Bar welcomes additional RM20 million allocation for YBGK


Press Release

Malaysian Bar welcomes additional RM20 million allocation for YBGK

The Malaysian Bar welcomes the Prime Minister's announcement, made in his recent 2013 Budget speech on 28 Sept 2012, that an additional RM20 million has been allocated for the Yayasan Bantuan Guaman Kebangsaan ("YBGK") for 2013.  This apportionment is a clear indication of the government's commitment to ensuring legal representation for arrested persons, and to giving real meaning to article 5(3) of the Federal Constitution, which states that when a person is arrested he "shall be allowed to consult and be defended by a legal practitioner of his choice".

For many years, BC had lobbied for the establishment of a comprehensive legal aid scheme, as a large number of individuals do not receive legal assistance from the two main providers of legal aid in Malaysia: the government's Legal Aid Department and the Bar Council Legal Aid Centres.  It is estimated that some 39,000 Malaysians are arrested by the police every year.  The vast majority of them do not have the financial means to engage a lawyer.

Launched by the Prime Minister on 25 Feb 2011, YBGK (also known as the National Legal Aid Foundation) was set up to plug this gap, and it commenced operations on 2 Apr 2012.  As an independent body that funds the provision of legal aid, YBGK also enhances services for lawyers to represent those needing legal representation, determines the guidelines for the administration of the national legal aid scheme, and initiates and carries out educational programmes designed to promote understanding amongst members of the public of their rights and duties under the laws of Malaysia.

YBGK provides free legal assistance to all Malaysians (irrespective of their financial means) at the police station, the remand hearing and when they are charged in court.  Insofar as hearings are concerned, a means test is applied, and only those who pass the means test will qualify to receive legal assistance from YBGK.

The three Bars of the Peninsula, Sabah and Sarawak have trained a pool of almost 800 lawyers nationwide, who were briefed about YBGK and the law in relation to arrest and remand.  These trainings are compulsory for all lawyers who wish to do YBGK work, and these lawyers are paid for the legal services they render.

Between April and July 2012, YBGK lawyers assisted 13,046 persons in remand hearings, and a total of 254 criminal files were opened.  Today the YBGK scheme nationwide extends to 68 out of 163 police district headquarters, and 70 out of 99 remand courts.

However, the number of lawyers who sign up for YBGK work can, and should, increase.  One incentive would be to increase the present nominal sum they are paid, to at least match that of an equivalent jurisdiction, such as Taiwan.  It is notable that the fees paid to lawyers in the United Kingdom and Australia under their legal aid schemes are many times higher than those paid here.

The Malaysian Bar acknowledges the dedication and diligence of the Attorney General, whose pivotal push in, and leadership of, YBGK led to its commencement and subsequent smooth operations.

The Bar looks forward to the government's continuing support to ensure the success and sustainability of this comprehensive legal aid programme for those ensnared in the criminal justice system.

Lim Chee Wee
Malaysian Bar
4 Oct 2012


Malaysia-Sukuk & Solicitor's Role in Advising the Issuer (22 Oct 2012)

Sukuk & Solicitor's Role in Advising the Issuer (22 Oct 2012)

This circular may also be accessed here.


Proview eBook Bi-Weekly Offer - Get your copy at 20% off!

Proview eBook Bi-Weekly Offer - Get your copy at 20% off! ...