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«THURSDAY 23RD FEBRUARY 2012 02:00 PM AUDITORIUM, WISMA MCA JALAN AMPANG, KUALA LUMPUR KUALA LUMPUR BAR COMMITTEE 2011/12 L to R (Front): Mary Tan ...»

-- [ Page 1 ] --

THURSDAY 23RD FEBRUARY 2012

02:00 PM @ AUDITORIUM, WISMA MCA

JALAN AMPANG, KUALA LUMPUR

KUALA LUMPUR BAR COMMITTEE

2011/12

L to R (Front):

Mary Tan (Executive Secretary), Khaizan Sharizad Ab. Razak,

Brendan Navin Siva (Chairman), Baljit Singh Sidhu (Honorary Secretary)

(Back):

Roger Chan Weng Keng, Kenneth Wong Poh Lim, Choo Dee Wei,

Dipendra Harshad Rai (Rep. to Bar Council), Agnes Chan Kim Hong, Ravinder Singh Dhalliwal, Harleen Kaur, Jeremiah R. Gurusamy, Muhendaran Suppiah, Jason Kong, Syahredzan Johan CONTENT 1 Agenda 2 – 10 Minutes of the 19th Annual General Meeting of the Kuala Lumpur Bar held on 23rd February 2011 11 – 16 Chairman’s Report 17 – 78 Reports of Sub-Committees 17 – 18 Civil Court Liaison 19 – 21 Conveyancing Practice 22 – 23 Criminal Practice 24 – 25 Environmental & Humanities 26 – 27 Information Technology & Communications 28 – 32 Professional Development 33 Publications 34 – 38 Pupils Welfare 39 – 41 Social, Arts & Culture 42 – 43 Sports 44 – 56 Young Lawyers 57 – 78 Legal Aid 79 – 84 Laporan Pengerusi 85 – 156 Laporan-laporan Jawatankuasa Kecil 85 – 86 Perhubungan Mahkamah Sivil 87 – 89 Amalan Konveyansing 90 – 91 Amalan Jenayah 92 – 93 Alam Sekitar dan Kemanusiaan 94 – 95 Teknologi Maklumat dan Komunikasi 96 – 98 Pembangunan Profesional 99 Penerbitan 100 – 103 Hal Ehwal Pelatih-Dalam-Kamar 104 – 105 Sosial, Kesenian dan Kebudayaan 106 Sukan 107 – 118 Peguam Muda 119 – 142 Bantuan Guaman 143 – 154 Audited Accounts for the year ending 31st December 2011 155 – 156 Motion dated 18th January 2012 proposed by the Kuala Lumpur Bar Committee to increase the annual subscription by RM25-00 to RM125-00.

KUALA LUMPUR BAR COMMITTEE

20Th ANNUAL GENERAL MEETING Of ThE KUALA LUMPUR BAR

TO BE hELd ON ThURSdAy 23Rd fEBRUARy 2012 AT 2.00 P.M.

IN ThE AUdITORIUM, WISMA MCA, KUALA LUMPUR

AGENdA 1 To confirm and adopt the minutes of the 19th Annual General Meeting held on 23rd February 2011.

2 Matters arising.

3 To consider, and if thought fit, to adopt the Annual Report 2011/12.

4 To consider, and if thought fit, to pass the Audited Accounts for the year ending 31st December 2011.

5 To consider the Motion dated 18th January 2012 proposed by the Kuala Lumpur Bar Committee to increase the annual subscription by RM25-00 to RM125-00.

6 To elect the Chairman of the Kuala Lumpur Bar Committee for 2012/13.

7 To elect ten (10) members of the Kuala Lumpur Bar Committee for 2012/13.

8 To elect one (1) member to represent the Kuala Lumpur Bar on the Bar Council for 2012/13.

–  –  –

I. Anand Ponnudurai, as Chairman of the Kuala Lumpur Bar Committee, chaired this meeting and called the meeting to order at 2.55 p.m. when the quorum of 311 was reached at 2.50 p.m. He then requested all members to rise and

observe one-minute silence in memory of the following members who passed away during the year under review:

–  –  –

itEM 1 OF AGEnDA:

to confirm and adopt the minutes of the 18th Annual General Meeting held on 23rd February The minutes were confirmed and adopted as proposed by Lim Chee Wee and seconded by Jerald Gomez.

itEM 2 OF AGEnDA:

Matters arising Bank negara Malaysia’s Proposed Revamp of the third Party Bodily injury and Death Scheme 2.1 The Chairman recalled that there was a lengthy discussion held at the last AGM on the Bank negara Malaysia’s Proposed Revamp of the Third Party Bodily Injury and Death Scheme and was pleased to announce that at the last meeting with Bank negara in January, it had been confirmed that the entire plan had been scrapped.

itEM 3 OF AGEnDA:

to consider, and if thought fit, to adopt the Annual Report 2010/11

3.1 The Chairman took the Meeting through the Annual Report 2010/11 (pages 9 to 67).

3.2 The Annual Report 2010/11 was approved and adopted as proposed by Ravi Nekoo and seconded by Saha Deva Arunasalam.

itEM 4 OF AGEnDA:

to consider, and if thought fit, to pass the Audited Accounts for the year ending 31st December

4.1 The Chairman took the Meeting through the Accounts (pages 126-137). He was pleased to report that for the last term, the Committee had managed to have a surplus of RM94,044 at the closing of the financial year on 31.12.2010 as opposed to RM83,782 in the year before. Thus, the Committee was still quite healthy financially.

4.2 The Audited Accounts were approved and passed as proposed by Ravindra Kumar and seconded by Lim Chee Wee.

itEM 5 OF AGEnDA:

to fix subscription for the year 2011

5.1 The Chairman said that in view of the stable financial position, the Committee proposed that the subscription for the year 2011 remained at RM100 per member.

5.2 As there were no comments from the floor, the Chairman announced that the subscription for the year 2011 will remain at RM100 per member.





MINUTES 2 ANNUAL REPORT 2011/12 •

itEM 6 OF AGEnDA:

to elect the Chairman of the Kuala Lumpur Bar Committee for 2011/12

6.1 Brendan navin Siva was proposed by Ambiga Sreenevasan and seconded by Malik Imtiaz Sarwar.

6.2 There being no other nominations, Brendan navin Siva was declared elected as Chairman of the Kuala Lumpur Bar Committee for the year 2011/12.

The Chairman suggested dealing with Item 8 of the Agenda first to be followed by Item 7 if there were no objections from the floor. He explained that the change of sequence was to allow those members who did not get elected as the representative to the Bar Council a chance to stand for the election to the Committee. The House had no objections to the suggestion.

The Chairman then called for Item 8 of the Agenda to be dealt with first.

itEM 8 OF AGEnDA:

to elect one (1) member to represent the Kuala Lumpur Bar on the Bar Council for 2011/12

8.1 The following names were proposed and seconded:

–  –  –

8.2 nominations were closed and the Chairman invited the 2 candidates to each say a few words.

8.3 Dipendra thanked Christopher Leong and Azhar Harun for nominating him and everyone else for sacrificing their time and the afternoon to attend this meeting. He then indicated that he would like to make it clear at the outset that he was only seeking for election to represent the KL Bar on the Bar Council. In the event he was not successful, he would not be running for a position as one of the ten (10) Committee members.

8.3.1 Dipendra recalled the day in 2007 when he was elected to serve on the Kuala Lumpur Bar Committee (“KLBC”) for the first time. He vividly recalled the excitement, passion, volunteer spirit and collective decision-making that came with it.

Four years on and those were the same attributes that had propelled him to now stand before the House requesting for a mandate to be the next KL Bar Representative to the Bar Council.

8.3.2 Dipendra said that throughout serving on the KLBC, he was guided by using common sense and logic in everything that he had undertaken. It had served him well and thus his reason for standing was simple: he would like to share the same logic and common sense with the Bar Council and work with the Bar Council for the betterment of the KL Bar.

He was aware that it would not be an easy task as he would imagine and he did not want to make empty promises that he would solve all problems encountered by members. However, he has the right attitude and passion and would work with the Bar Council to identify, anticipate and provide solutions to the various practice issues and grievances that some members might have. Further, in any committee and endeavour that he would be involved in, he would create value and goodwill so that the KL Bar as a whole would benefit.

8.3.3 Dipendra added that he had been involved in the KLBC since 2005 and had been a KLBC member since 2007. In the four years, he had chaired the Young Lawyers, Professional Development and Publications Committees and had sat in the Court Liaison and Pupils Welfare Committees. In the current term, he was appointed as the Honorary Secretary of the KLBC which had allowed him to take on a bigger role in managing the affairs of the KL Bar and to work closely with the Chair and Committee members. At the Bar Council, he had served as the Deputy Chair of the Professional Standards & Development Committee, National Young Lawyers Committee as well as the Human Rights Committee.

He had also actively assisted in the organising of the last two Malaysian Law Conferences and had represented the Malaysian Bar in hockey since 2007.

8.3.4 Dipendra further said that the experience that he had gained in the past four years coupled with being the Honorary Secretary in the current year, had given him a wealth of experience in dealing with and managing the expectations and issues faced by all members of the KL Bar. He pointed out that he had served under two Chairmen, Ravindra Kumar

–  –  –

8.3.5 Dipendra believed that everyone should roll up their sleeves, put on the right attitude and build on a working consensus to resolve major issues. He hoped that members would give him the opportunity to serve them at the Bar Council.

With the experience that he had gained in the past six years, he was confident that he has the right qualities and temperament to represent and protect KL Bar’s interests at the Bar Council. He was equally confident that he would not let members down and it remained for him to thank all members for the kind support.

8.4 Pushpa said that she was offering herself to represent the KL Bar and the Bar Council through the position as the KL Bar representative to the Bar Council and to those who did not know her and her intention to stand for the said position, to let her introduce herself and tell them as briefly as possible about herself.

8.4.1 Pushpa said that she is currently one of the seven partners at Hakem Arabi & Associates and works with Ravi Nekoo in the Brickfields branch. She was called to the English Bar in 1992 and the Malaysian Bar in 1994 and had worked within the English judicial system from 1989 to 1994.

8.4.2 Pushpa indicated that her involvement with the Malaysian Bar began in 2002 and since then had served in various sub-committees of the KL Bar and the Bar Council. At the Malaysian Bar, she had been a member of the following

committees:

–  –  –

8.4.3 Pushpa added that she had also served in the Management Panel of the Bar Council Legal Aid Centre Kuala Lumpur from 2002 to 2006 and thereafter had continued to volunteer work to date. She further sits in the Advocates & Solicitors Disciplinary Board since 2002.

8.4.4 Pushpa further said that she had organised various legal forums and done legal trainings especially in the area of family law, domestic violence issues and gender equality. She had also had the pleasure of representing the KL Bar and the Malaysian Bar at Calls and had to go to sleep marking professional ethics exam scripts.

8.4.5 Pushpa pointed out that she had chosen to sit on those various committees as she had wanted to understand the scope of work undertaken by the Bar through those committees. It was an enriching learning curve for her.

8.4.6 Pushpa then proceeded to speak on her achievements in the KL Bar. She said that in the year 2009/10, she was elected into the Committee by members and served the first year as the Chair of the Pupils Welfare Committee (“PWC”). She remarked that for those who had read last year’s Annual Report and those who had completed their pupillage during that period would know some of the programmes that the PWC had organised. One particular programme that she enjoyed with the pupils was the monthly Ethics Dialogue. In her second year as an elected member in 2010/11, she was tasked with chairing the Civil Court Liaison Committee. It was an extremely challenging year and it had certainly placed her on the fast track in understanding the extent of the problems and facing the judicial tsunami that had hit almost all lawyers. The challenges were tremendous ranging from KPI issues, to car-park and security behaviour towards members, to name a few. She was sure there were more challenges ahead.

8.4.7 Pushpa said that she strongly believed that with her present experience and with the dissatisfaction that she needed to do more at a different level this time, she implored that she be given the opportunity to take her sense of commitment

–  –  –

8.4.8 Pushpa added that apart from her involvement at the Malaysian Bar and the KL Bar, her NGO activities include having been an Honorary Legal Adviser to an NGO called PEMALIK which is an association against parental alienation and AWAM (All Women’s Action Society). She was also the Honorary Secretary of the Association of Women Lawyers in 2008 and 2009 and had been actively involved in international women organisations doing work in Malaysia such as the Soroptomist International between 2007 and 2008 and Zonta International which had enriched her even further with knowledge and maturity.

8.4.9 Pushpa believed that her experience within the legal framework and outside the legal framework had not only equipped her adequately to take on the challenges of her responsibility as a KL Bar representative but also to sit as a Council member with 35 others. That was a very serious responsibility that she would not overlook.

8.4.10 Pushpa said that she would like to end by saying that she did not have any complaints lodged against her at the Disciplinary Board; she has the experience and maturity to represent members and meet the challenges of the forthcoming year; she is a fit and proper person to represent members at the Bar Council; and she has the support of her partners and family. She extended her thanks to those who had encouraged her to stand before the House this afternoon and would like to specially thank Puan Hendon and Amer Hamzah for having the faith in her and agreeing to nominate her. She had no quotations from Shakespeare or Confucius to add to her speech. She could only speak from her heart and she believed in herself and if members believed in her, they can place their trust in her. She would not let them down.

8.5 Voting by secret ballot took place. The Chairman reminded the pupils present that they were not entitled to vote.

The Chairman said that while waiting for the results of the counting of the ballots, he would like to make an announcement that the 65th AGM of the Malaysian Bar will be held on 12.03.2011 at 10.00 a.m. at the Grand Ballroom, Legend Hotel, Kuala Lumpur. He urged every member present at this meeting to attend the said AGM to ensure that the quorum of 500 is achieved.

He also encouraged members to attend the Annual Dinner & Dance of the Malaysian Bar on the evening of the same date at

7.30 p.m. at the Grand Ballroom, Doubletree by Hilton.

The Chairman then proceeded to deal with Item 7 of the Agenda and called for the nominations of names for the election of the 10 Committee members. He said that he would not close the nomination until the results of the election under Item 8 of the Agenda were received to allow the unsuccessful candidate to stand for the election to the Committee.

itEM 7 OF AGEnDA:

to elect ten (10) members of the Kuala Lumpur Bar Committee for 2011/12

7.1 The following names were proposed and seconded:

–  –  –

7.2 The Chairman invited the candidates to introduce themselves and to say a few words each while waiting for the results of the election under Item 8 of the Agenda.



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