Thursday, 9 July 2015

Malaysia-Invitation to Attend Yayasan Bantuan Guaman Kebangsaan Training (Parts One and Two) in Selangor (25 July 2015)

Invitation to Attend Yayasan Bantuan Guaman Kebangsaan Training (Parts One and Two) in Selangor (25 July 2015)





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Circular No 142/2015
Dated 9 July 2015

To Members of the Malaysian Bar

Invitation to Attend Yayasan Bantuan Guaman Kebangsaan Training (Parts One and Two) in Selangor (25 July 2015)
   
The Yayasan Bantuan Guaman Kebangsaan ("YBGK") is a comprehensive scheme that funds lawyers to do legal aid work in criminal matters.  We are pleased to invite lawyers to attend Parts One and Two of the YBGK training.

The details of the training sessions are as follows:

Date:               25 July 2015 (Saturday)
Time:              9:00 am to 6:00 pm
Venue:            Selangor Bar Committee Auditorium, No 41, Jalan Bola Jaring 13/15, Seksyen 13, 40100 Shah Alam, Selangor
Tel:                 03-5510 7007; 03-2072 2050 (YBGK Secretariat)
CPD Code / Points (Part One): T7/25072015/YBGK/SEL153002 / Two 
CPD Code / Points (Part Two): T7/25072015/YBGK/SEL153003 / Three

Content of Training: 
(1) Part One — Administration of YBGK 
(2) Part Two — Arrest, Remand, Bail and Mitigation

There will be a written assessment at the end of Parts One and Two of the YBGK training.  Lawyers who wish to do YBGK work are required to attend both Parts One and Two of the training, as well as pass this written assessment.

Please also note that this programme is sponsored by YBGK, and all lawyers who attend YBGK training are required to do a minimum amount of YBGK work after the training.

Only 40 places are available and registration is on a first-come, first-served basis.  To register for the training, please complete and submit the attached reply slip to Sumitra Veeriah by email at sumitra@kllac.com, or by fax at 03-2072 3005, as soon as possible.

An email will be sent to registered participants a week before the date of the training to confirm their participation and to update them on the details of the training.  A text message reminder, through a short message service ("SMS"), will be sent to each participant a day before the training.  The dress code during training is smart casual.

Should you have any enquiries, please contact Sumitra Veeriah by telephone at 03-2072 2050 / 1, or Stephanie Bastian by telephone at 016-343 5202.

We look forward to seeing you at the training.


Thank you.

Ravi Nekoo
Chairperson
Bar Council YBGK Steering Committee


This circular and the attachment may also be accessed here.




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Malaysia-Press Release | Conduct Independent Investigation into Disclosures Relating to 1MDB Comprehensively and with Integrity

Press Release | Conduct Independent Investigation into Disclosures Relating to 1MDB Comprehensively and with Integrity







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Press Release
Conduct Independent Investigation into Disclosures Relating to 1MDB Comprehensively and with Integrity
The Malaysian Bar is extremely concerned over recent disclosures made by the Wall Street Journal ("WSJ")[1] and Sarawak Report ("SR")[2] of information contained in government investigation documents allegedly revealing that funds of about USD700 million (approximately MYR2.7 billion) were transferred between government agencies, banks and companies linked to 1MDB, and then deposited into the personal accounts of the Prime Minister in AmIslamic Bank Berhad in March 2013.  It has also been reported that the original source of the funds is unclear and the subsequent use of the funds is unknown. 
The Prime Minister said today, "… saya ingin menegaskan sekali lagi bahawa saya tidak pernah mengambil dana 1MDB untuk kepentingan diri sendiri"[3] ("I would like to stress again that I had never taken 1MDB's funds for my personal interest").[4] However, it appears that the Prime Minister has not expressly denied that funds were deposited into his personal bank accounts. 
The disclosures made by WSJ and SR are exceptionally grave, and must be probed exhaustively, and without delay.  The basic questions that arise, and remain unanswered, are whether the funds were transferred to the Prime Minister's bank accounts, and whether these bank accounts were his personal bank accounts.  If so, further questions arise, including the source of the funds; the Prime Minister's relationship with the depositors of the funds; the reason they chose to deposit the funds into his personal bank accounts; and the purpose for which the funds were utilised, or the identity of the ultimate beneficiaries of the funds.  There must be clear, convincing and irrefutable answers to all these critical questions in order to determine the nature and extent of any criminal culpability.
Further, if the transmission of the funds occurred as reported by WSJ and SR, questions would need to be asked as to the application of exchange control regulations and anti-money laundering legislation.  In this regard, it would be pertinent and vital to know whether Bank Negara Malaysia ("BNM") had been notified of the remittance of these funds by the paying and receiving banks, and what actions, if any, were taken by BNM in response.
The Malaysian Bar notes that a multi-agency task force ("Special Task Force") has been set up to investigate all of these matters, consisting of Tan Sri Abdul Gani Patail, the Attorney General of Malaysia; Tan Sri Dato' Sri Dr Zeti Akhtar Aziz, the Governor of BNM; Tan Sri Khalid Abu Bakar, the Inspector General of Police; and Tan Sri Abu Kassim bin Mohamed, the Chief Commissioner of the Malaysian Anti-Corruption Commission ("MACC").  It has been reported that, as a first step, an order to freeze six bank accounts of the parties suspected to be involved with the case was issued on 6 July 2015.[5]  In addition, the Special Task Force has seized documents relating to 17 accounts from two banks to facilitate the investigation.  The Special Task Force has also seized documents pertaining to non-compliance of BNM's rules and procedures by the banks involved.
The Special Task Force must conduct a comprehensive, detailed and unfettered investigation into the allegations made by the WSJ and SR, and any other credible reports that might come to the fore.  No stone should be left unturned, and no questions left unanswered.  The investigation must also be transparent in that members of the public must be kept regularly informed of its progress. The findings and conclusions of the Special Task Force must be substantiated and incontrovertible, and withstand scrutiny.  Anything less will result in accusations of there having been a cover-up or whitewash. 
Further, the Special Task Force must not only be independent, but must be seen to be independent, in discharging its functions.  The various agencies must carry out their duties without any direct or indirect interference or influence by any party, including the Prime Minister himself.  The scope of their investigation must be as wide as possible, and no one should dictate or limit their ambit.  As the Attorney General is the chief legal adviser to the Government, the MACC comes under the purview of the Prime Minister's Department, and BNM falls under the portfolio of the Minister of Finance (who is the Prime Minister),[6] it is wholly unacceptable and untenable for the Prime Minister to continue in office while the investigation is in progress.  
In order therefore to safeguard the independence of the Special Task Force, and to preserve the integrity and sanctity of the investigation, it would be clearly necessary for the Prime Minister to take a leave of absence pending the outcome of the investigation.  This would dispel any perception of interference or influence.  Any leave of absence that the Prime Minister takes should, however, not be seen or construed as a pre-determination of guilt, but rather as a prudent and scrupulous step in enhancing the credibility of the investigation into these allegations. 
The Malaysian Bar urges the Prime Minister to act responsibly and conscientiously in upholding the personal trust vested in him, and the public confidence reposed in his office. 


Steven Thiru
President
Malaysian Bar

8 July 2015
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[1] (a) "
Malaysian Anticorruption Body to Look Into Flow of Money to Najib
​​
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", Wall Street Journal, 3 July 2015.
     (b) "
Malaysia Orders Freeze of Accounts Tied to Probe of Alleged Transfers to Prime Minister Najib
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​​
", Wall Street Journal, 7 July 2015.


[3] "PM says again, no money used for personal gain", Malaysiakini, 8 July 2015.

[4] Facebook Page of Najib Razak, 8 July 2015.


[6] See, for example, Part X of the Central Bank of Malaysia Act 2009.

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Malaysia-Postponement of Talk By Mr Bahari Yeow Tien Hong on 'Recent Judicial Approaches In Resolving Intellectual Property Disputes Between Competing Interests-Natural Law, Legal Positivism, Legal Realism..'

Postponement of Talk By Mr Bahari Yeow Tien Hong on 'Recent Judicial Approaches In Resolving Intellectual Property Disputes Between Competing Interests-Natural Law, Legal Positivism, Legal Realism..'
To:


SBC/CIR/042/2015
19th June, 2015



Dear Members & Chambering Pupils,

POSTPONEMENT OF TALK BY MR BAHARI YEOW TIEN HONG ON 'Recent Judicial Approaches In Resolving Intellectual Property Disputes Between Competing Interests-Natural Law, Legal Positivism, Legal Realism..'

Please be informed that the talk as stated above, scheduled for 10th July 2015, has been postponed to 11th Sept 2015 from 5-7pm. The rest of the details remain the same.

For any enquires, please call 03-55196219




Brochure/Form
[Download PDF]

Online Registration Link [URL Link]


Thank you.

Secretariat
Selangor Bar Committee.






















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