«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 ...»
i) E-filing system at the KL Courts With the implementation of the e-filing system with effect from 1 March 2011, there were many issues and concerns faced by members. Accordingly, the e-filing system became the main focus of the KLBC for this term as members had to familiarise themselves with the system amidst a host of issues and problems that required attention. The KLBC called for and attended many meetings with the Judiciary, Formis Berhad, MSC Trustgate, SCAnS Associates and the banks to iron out and resolve as many of the problems and issues that have arisen.
ii) Communications with members As one of the grouses of members was that the KLBC does not communicate with members as well as it should, the Information Technology (“IT”) Committee was changed to IT & Communications Committee and tasked with communicating with members through e-mail blasts, twitter and facebook.
iii) Annual Gathering between the KLBC and Selangor Bar Committee (“SBC”) The Annual Gathering between the KLBC and SBC was held on 15 April 2011 at Mark’s Place in Kelana Jaya and this term it was hosted by the SBC. This Annual Meet was for the office bearers of the KLBC and SBC for the new term to get to know each other and to discuss how to work closely to cater to the mutual needs of members of both the KL Bar and Selangor Bar.
iv) Other Events Besides participating in the many events organised by the Bar Council, the KLBC also participated in the
following events at the invitation of the respective Bodies:
Dipendra Harshad Rai, KL Bar’s representative to the Bar Council, was invited to attend the KLBC meetings as an observer and also to report to the Bar Council on relevant matters as and when pertinent and necessary.
He attended a total of 8 meetings and worked closely with the KLBC.
ix) Finance, Subscriptions and non-subscription income The financial position of the KLBC remains stable with a sum of RM1,131,815 in Fixed Deposit. Details of the financial position are set out in the Audited Accounts ending 31 December 2011.
The subscription for the year 2011 was fixed at RM100 at the last AGM on 23 February 2011. At the closing of the KLBC’s financial year on 31 December 2011, 337 members were in arrears of the 2011 subscription.
This term, the KLBC managed to raise a total of RM165,651.95 from sponsorships, website and newsletter advertisements, PDC and PWC lectures and the Legal Career Fair.
D. SuB-COMMittEES 12 Sub-committees were established to facilitate the organisation of the KLBC’s various activities and to cater to the
needs of members. The Sub-committees were ably led by the following members:
The accompanying reports of the various Sub-committees are a reflection of the activities undertaken by the Subcommittees and these include:
Forum on Electronic Filing (e-filing) and its implementation - 23 november 2011 • Recognising that there were many issues facing members in using the e-filing system, the Civil Court Liaison Committee organised this Forum to help members better understand the e-filing system and voice the concerns and issues that they face.
E. OBituARiES The KLBC records with deep sorrow the passing of the following members of the Kuala Lumpur Bar during the year under review and two other members whose passing in 2008 and 2010 was only brought to the KLBC’s attention
Khalid Bin Mohamad on 29 April 2008 Ramasamy Shanmugam on 14 November 2010 Datuk Hajjah Ilani Binti Dato’ Haji Isahak on 24 February 2011 ng Yeong Lee on 28 April 2011 Dato’ Anpalagan Ramiah on 13 June 2011 Raja Aziz Addruse on 12 July 2011 Yap Wai Kit on 26 July 2011 Tan Tan Bok @ Chen Chanple on 4 August 2011 nik Hashim Bin nik Daud on 9 September 2011 K S Narayanan on 6 October 2011 Dato’ Liew Teck Keong on 11 October 2011 ng Fook Loy on 27 november 2011 Ramalingam Thanni Malai on 1 December 2011 The Reference Proceedings in respect and memory of the abovenamed members is scheduled to be held on 24 February 2012 at 9.00 a.m. at the Kuala Lumpur High Court. The Proceedings will be presided by Y.A. Dato’ Rohana Yusuf.
F. SECREtARiAt The Secretariat supports the work of the KLBC and it sub-committees. Except for the Legal Aid Management Panel, which has its own staff, the projects and activities of the other 11 sub-committees were coordinated and managed by the Secretariat staff. With a strength of just 10 persons, the Secretariat staff had worked tirelessly to ensure that all projects and activities were successfully carried out besides performing other regular functions. The organisational structure with detailed information of the portfolios of each staff member can be found on the KL Bar Website at www.klbar.org.my.
The KLBC is fortunate to have a group of loyal and dedicated staff, the majority of whom have served the KLBC for many years. Two members of the Secretariat staff received their long service awards this year (2011); Melissa Dass, one of our Executive Officers, had served the KLBC for 5 years and Rosilawati, Admin Assistant, for 15 years.
The KLBC is grateful to the Bar Council for extending its staff training programmes to the staff of the KL Bar Secretariat.
One member of the KL Bar Secretariat staff was given the opportunity to participate in the English classes organised by the Bar Council as part of their staff professional development programme. The Secretariat staff were also invited to attend a Workshop on the Professional Indemnity Insurance (PII) where they were briefed on the PII Policy for the Malaysian Bar Council that covers State Bar Committees as well. The trainings have helped improve staff aptitude and performance.
G. ACKnOWLEDGEMEnt AnD COnCLuSiOn During the term 2011/2012, I was fortunate to have the support of so many of the members of the Kuala Lumpur Bar who worked tirelessly and thanklessly in assisting the KLBC in all its projects and initiatives to improve and facilitate the working conditions of members of the Kuala Lumpur Bar and the welfare of the Malaysian public in general.
The unique qualities of members of the Kuala Lumpur Bar were in full display again this term. At a time when there are so many issues affecting the legal profession in particular and the administration of justice in general, it was again
I would be the first to admit that not all our efforts resulted in us achieving the desired results. But I am satisfied that we did perform our duties responsibly and to the best of our abilities. I have no doubt that the KLBC will continue to work faithfully and single-mindedly for the benefit of all members of the Kuala Lumpur Bar.
Lastly, I would like to record my appreciation and gratitude to Datuk Baljit Singh (the Honorary Secretary), Mary Tan (the Executive Secretary) and all the members of the KLBC for their dedication and commitment in assisting me discharge my duties as Chairman of the Kuala Lumpur Bar.
This term, the Civil Court Liaison Committee (“CCLC”) was divided into 2 sub-units, one to cover and handle issues pertaining to the Subordinate Courts and the other to cover and handle issues arising in the High Court.
thE iMPLEMEntAtiOn OF ELECtROniC FiLinG SYStEM (“EFS”) The EFS was implemented in the Kuala Lumpur Courts in respect of cases filed on or after 01 March 2011.
The CCLC was proactively involved in addressing issues and problems that arose with the implementation of the e-filing system. Regular meetings were held to discuss details, issues and problems that arose and were faced by members.
Meetings were arranged with the Judiciary and the service providers in respect of issues specific to online filing. Law firms who had subscribed to and were conducting online filings were invited to attend these meetings and to articulate the issues peculiarly faced by them.
A Forum was also arranged on 23 november 2011 for all members to attend and be briefed about the EFS and updates about the system. Members’ queries and issues were also raised and taken note of by the Registrars from the Court and the service provider.
Several discussions were also held with some organisations regarding another option for scanning services to be provided to the KL Bar members as the Service Bureau at
the Court would soon impose fees for their services. There were 2 such discussions:
i. 31 May 2011 - with the representative from Fujitsu.
ii. 02 June 2011 - with representatives from GC Malaysia.
All notifications and updates regarding the EFS were sent out to members by email blast and to-date the Committee had issued 19 such notices. These notices can be obtained through the KL Bar website at this link: http://www.klbar.org.my/index.php/ frontend/page/note_court.
thE KuALA LuMPuR SuBORDinAtE COuRtS Letters were sent to all the Civil Sessions Court Judges and Magistrates informing them that the CCLC will look into matters concerning the High Court and the Subordinate Courts separately.
The Supervising Judge of the Sessions Court had replied to the said letter and confirmed that she appreciates the notification and was looking forward to working together to better serve the public. The Judge further confirmed that any complaints about Magistrates or Sessions Court Judges should be brought to her attention.
COnCLuSiOn AnD APPRECiAtiOn We would like to record our thanks and appreciation to members of the CCLC for their support and cooperation for the term 2011/12.
Brendan navin Siva and Ravin Singh Co-Chairpersons Civil Court Liaison Committee
10 MAY 2011 COuRtESY CALL/MEEtinG With PEJABAt tAnAh & GALiAn (“PtG”) SELAnGOR Salient issues discussed during the courtesy call/meeting included matters regarding long wait for Strata Titles searches and dealings, penalty for late collection of titles, rejection of submitted documents and more.
During this meeting, the KL CyPC also managed to convince PTG Selangor to introduce the online status update of registration and collection of documents/titles on their website. This has proven to be very helpful as lawyers are able to find out the status of their submitted documents/titles whether the same are ready for collection or otherwise before sending their representative to collect them from the Land Office.
26 MAY 2011 COuRtESY CALL/MEEtinG With thE LAnD/DiStRiCt OFFiCE (“PtD”) PEtALinG The PTD Petaling had recently moved to U5 Shah Alam. Some of the issues being discussed and resolved were the delay in the collection of titles by lawyers, penalty on late collection of titles, delay in issuing the state authority’s consent, runners’ problems, lease extension, registrar’s caveat, and more. Reports on this meeting were posted on the KL Bar website.
23 JunE 2011 PRiZE GiVinG CEREMOnY OF ‘JOM BAYAR & MEnAnG’ BY thE WiLAYAh LAnD OFFiCE.
This campaign was introduced by the Wilayah Land Office to encourage property owners to settle their quit rent on a timely basis. At the end of the campaign, a lucky
22 SEPtEMBER 2011 COnVEYAnCinG hi tEA & GEt tOGEthER ii This event was held at the Royal Selangor Club, Jalan Raja, Kuala Lumpur and it was the 2nd of such event organised by the KL CyPC. The KL CyPC hopes that it would be an annual event during which conveyancing lawyers would gather, mingle, and socialise as well as network with each other and other senior officers of the related government agencies.
29 SEPtEMBER 2011 MEEtinG With BC-LhDn REGARDinG StAMP DutY This meeting was organised by the Bar Council Conveyancing Practice Committee which extended an invitation to the KL CyPC to join them for the meeting. The arising issues discussed were mainly focused on the administration and operation of the Stamp Duty Office as well as the online STAMPS system. The report prepared by a member of the KL CyPC was published on the KL Bar website.
25 OCtOBER 2011 BRiEFinG On thE APPLiCAtiOn OF thE BiOMEtRiC SYStEM @ SELAMAt At thE PtD PEtALinG The KL CyPC was informed by KL Bar members that PTD Petaling had implemented a new requirement whereby all the parties to a land transaction must be present at their office to have their finger prints taken on the Biometric system. There was no prior notice given nor was the KLBC consulted prior to the implementation.
Upon receiving this complaint, the KL CyPC took the initiative in calling PTD Petaling. Later, we understood that the Bar Council and the Selangor Bar Committee had also voiced their complaint with the said PTD.
A briefing was then held and PTD Petaling informed all relevant stakeholders that the system was currently on a trial basis only and the public may elect not to use this system. We were informed that the reason for the introduction of the Biometric system was to overcome the many fraud cases in Selangor land offices and registry. At the time when this report was prepared, no further development was received from PTD Petaling.
02 nOVEMBER 2011 SEMinAR BRiEFinG BY WiLAYAh LAnD OFFiCE The Wilayah Land Office held a briefing regarding the Land Administration Seminar 2011. The Director of Wilayah Land Office invited various agencies such as the KL Bar, REHDA, House Buyers Associations for the briefing and requested them to send members to the annual seminar.
21 nOVEMBER 2011 LAnD ADMiniStRAtiOn SEMinAR 2011 This seminar was organised by the Wilayah Land Office annually and for 2011, it was held at the Dewan Tun Dr. Ismail, Putra World Trade Centre, Kuala Lumpur. This year, the seminar focused on the issues and development on Strata Title in the State of Wilayah Persekutuan.
The KLBC sponsored 2 seats for KL CyPC members.
05 DECEMBER 2011 MEEtinG BEtWEEn thE PtG SELAnGOR, SELAnGOR BAR AnD BAR COunCiL The meeting was attended by representatives from the Bar Council, Selangor Bar and KL CyPC. Other than the officers of PTG Selangor, ADOs (Assistant District Officers) of the 9 districts of Selangor were also present. The major issue discussed during the meeting was about the increase of fraud cases and the proposals by the PTG to reduce such problems. The PTG intends to introduce various measures to safeguard the PTG Selangor against unscrupulous perpetrators of frauds in Selangor land matters. However, such new measures, to the opinion of the KL CyPC and other groups, will not reduce the rate of fraud let alone eliminate it. Representatives for the Bar made some new proposals in this regard and the PTG Selangor will revert in due course.
COnCLuSiOn AnD APPRECiAtiOn I would like to thank all KL CyPC members for their time and support in attending the meetings and events that we were invited to, and to those sub-committee members who had faithfully attended the sub-committee meetings and e-mail discussions
CONVEYANCING PRACTICE COMMITTEE20 ANNUAL REPORT 2011/12 • that had helped in resolving many practical issues faced by many lawyers involved in conveyancing practice. It has been a great experience for me.
I also would like to record my greatest appreciation to the Chairman and members of the KLBC, the Secretariat, especially the two executive officers, Yati and Melissa, for their support and guidance throughout the year.
Lastly but not least, a big thank you to all the members of the KL Bar who had given my committee and myself the support we needed.
Agnes Chan Kim hong Chairperson Conveyancing Practice Committee
27 APRiL 2011 tO 31 MAY 2011 READinG MAtERiALS FOR PRiSOn CAMPAiGn CPC launched this month-long campaign after learning that the inmates in the Sungai Buloh Prison expressed their wish to have more reading materials. The aim of the campaign was to help the inmates cultivate reading habits with the hope of making them better people. Over 3,000 books and magazines were collected from members of the Bar, individuals and private institutions. The collected reading materials were then handed over to the Sungai Buloh Prison on 21 June 2011 in a simple ceremony.