JOHORE BAR ANNUAL REPORT 2015/16 46th ANNUAL ...

JOHORE BAR ANNUAL REPORT 2015/16

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46th ANNUAL GENERAL MEETINGJOHORE BAR

www.johorebar.org.my


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CONTENTS Page

1. Agenda 2

2. Minutes of the Annual General Meeting held on 14th February 2015 3 - 11

3. Calendar of the Johore Bar 2015/16 12 - 17

4. Chairman’s Report 18 - 23

5. Honorary Secretary’s Report 24 - 25 6. Courts Liaison & Public Relations Sub-Committee Report 26 - 30

7. Building, House, Library & Member’s Welfare Sub-Committee Report 31 - 32

8. Conveyancing Sub-Committee Report 33 - 35

9. Legal Aid Sub-Committee Report 36 - 38

10. Continuing Professional Development Sub-Committee Report 39 - 43

11. Publication & Information Technology Sub-Committee Report 44 - 45

12. North Johore Affairs Sub-Committee Report 46 - 48

13. Sports Sub-Committee Report 49 - 50

14. Human Rights Sub-Committee Report 51 - 52

15. Social, Charity & Welfare Sub-Committee Report 53 - 54

16. Young Lawyers & Chambering Pupils Sub-Committee Report 55

17. Shariah Sub-Committee Report 56

18. Johore Bar Representative’s Report 57 - 64

19. Johore Bar Events Gallery 65 - 70 20. Statement of Accounts for the year ended 31st December 2015 71 - 93

21. Statement by the Internal Auditors 94

22. Motion By Johore Bar Committee To Increase 95 The Johore Bar Subscription Fee For The Year 2016


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46TH ANNUAL GENERAL MEETING OFTHE JOHORE BAR 2016/17

Date : Friday, 19th February 2016Time : 3.00 p.m.Venue : Auditorium JOTIC Johor Bahru

AGENDA

1. To confirm and if approved, to adopt the Minutes of the Annual General Meeting held on 14th February 2015.

2. To discuss matters arising therefrom.

3. To consider the Johore Bar Committee’s Annual Report for the year 2015/16.

4. To consider and if approved, to adopt the Johore Bar Committee’s Statement of Accounts for the year 2015. 5. To consider and if approved, to adopt a motion by the Johore Bar Committee to increase the Johore Bar Subscription

fee for the year 2016.

6. To fix the annual subscription for the year 2016.

7. To elect :

(a) The Chairman for the year 2016/17.

(b) Not less than four (4) members and not more than ten (10) members to the Johore Bar Committee for the year 2016/17.

(c) One (1) member to represent the Johore Bar in the Bar Council, Malaysia for the year 2016/17.

(d) Two Internal Auditors for the year 2016/17.

8. To discuss any other matters.

Dated this 15th January 2016.

NIK RAIHAN BINTI NIK JA’AFARHonorary SecretaryJohore Bar Committee2015/16

1. Any member wishing to bring up any resolution at the meeting must lodge notice of the same with the Hon. Secretary not less than seven (7) days before the date of the Annual General Meeting.

2. Immediately after the Annual General Meeting the Incoming Committee will hold its first meeting. Those elected are kindly requested to attend this meeting.

3. The quorum is 5% of the total number of members of the State Bar. We have 1868 and 5% is 93.


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MINUTES OF THE ANNUAL GENERAL MEETINGHELD ON 14TH FEBRUARY 2015

1.1 The Chairman, Mr. R Jayabalan addressed the Meeting at 10.00 a.m.

1.2 The Chairman informed the members that under Section 70(2) of the Legal Profession Act, 1976 the required quorum for the Annual General Meeting of the State Bar was 5% of the membership. As the membership of the Johore Bar was 1,812, the required quorum was 91 members, and since the quorum was not present, the meeting shall stand adjourned to 11.00 a.m. on the same day and at the same venue as per the Notice of Meeting issued to members.

1.3 The Chairman then called the meeting to order at 11.00 a.m. and announced that there were 59 members present.

1.4 The Chairman made the following announcements before moving on with the agenda:

(a) Members were reminded to be concise and precise in making their points;

(b) Members were reminded to introduce themselves before making their comment or query;

(c) Members were requested to either switch off their handphones or to keep them in silent mode; and

(d) Only Members of the Johore Bar were entitled to vote and pupils in chambers shall be seated at the designated area and were ineligible to vote.

1.5 The Chairman then requested members to rise and observe a minute of silence as a mark of respect for the following members:

(a) Zainuddin bin Embong who passed away on 5/3/2014;

(b) Lau Koh Kong who passed away on 11/8/2014;

(c) Loh Song Chuan who passed away on 4/11/2014;

(d) GSP Ravindran who passed away on 7/12/2014; and

(e) Norisah binti Abu Aman who passed away on 18/12/2014.

1.6 The Chairman on behalf of Mr. C Sankaran, Chairperson of the Conveyancing Sub-Committee conveyed his apologies for not being present at the AGM due to a personal commitment.

1.7 The Chairman thanked the Committee members and Secretariat staff for their effort in compiling and preparing the Annual Report for 2014/15 and to make it available to members two weeks before the AGM.


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ITEM 1 OF THE AGENDA:

TO CONFIRM AND IF APPROVED, TO ADOPT THE MINUTES OF THE ANNUAL GENERAL MEETING HELD ON 22ND FEBRUARY 2014

1.8 There being no amendments, the minutes were adopted as proposed by Ms. Chandrika and seconded by Ms. Navamani.


TO DISCUSS MATTERS ARISING THEREFROM

2.1 There were no queries raised.


TO CONSIDER THE JOHORE BAR COMMITTEE’S ANNUAL REPORT FOR THE YEAR 2014/15

3.1 The Chairman said that the Calendar of Events for 2014/15 was reported from pages 15 to 22 of the Annual Report.

3.2 The Chairman referred to page 21 of the forthcoming events and informed members on the cancellation of the Welcoming Hi-tea for YA Datuk Wira Halijah binti Abbas, Judge of the Muar High Court as YA was unable to attend the Hi-tea.

3.3 TheChairmanreferredtopage22andinformedmembersthatanewdatewillbefixedforthePublic Forum on Police Accountability in Malaysia and Seminar on Personal Data Protection Act 2010 And Its Implications.

A. Chairman’s report

3.4 The Chairman referred to page 26, and said that many social events were organized this year mainly in view of the transfer, farewell and elevation of judges and judicial commissioners in the state of Johor.

3.5 The Chairman referred to page 27, item “At the Bar Council”, and said it was for members’ information.

3.6 The Chairman said that this year has seen an improvement in the level of participation from amongst younger members towards Bar events but as a whole the level of attendance of members at Bar events was still low.


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B. Honorary Secretary’s report

3.7 The Chairman said the Honorary Secretary’s report was shown from page 29 to 30.

C. Courts Liaison and Public Relations Sub-Committee Report

3.8 The Chairman said the Courts Liaison and Public Relations Sub-Committee report was shown from page 31 to 35.

3.9 The Chairman informed members that three court forums on court issues had been held during the year but saw a poor attendance from members. The issues raised by members were later discussed with the courts.

D. Building, House & Library and Members’ Welfare Sub-Committee Report

3.10 The Chairman said the report of Building, House & Library and Members’ Welfare Sub-Committee, led by Mr. Andrew Wong, was shown from page 36 to 37.

E. Conveyancing Sub-Committee Report

3.11 The Chairman said the report of Conveyancing Sub-Committee, led by Mr. Sankaran, was shown from page 38 to 39.

F. Legal Aid Sub-Committee Report

3.12 The Chairman said the report of Legal Aid Sub-Committee, led by Mr. Kuna Nadasen, was shown from page 40 to 41.

G. Continuing Professional Development Sub-Committee Report

3.13 The Chairman said the report of Continuing Professional Development Sub-Committee, led by Ms. Santhi, was shown from page 42 to 47. Chairman also said that this Sub-Committee had beenveryactiveduringtheyearandhadorganisedseveralseminarsformembers’benefit.Notwithstanding that, two events had to be cancelled due to poor response.

H. Publications & Information Technology Sub-Committee Report

3.14 The Chairman said the report of Publications & Information Technology Sub-Committee, led by Mr. Mathews George, was shown on page 48.

3.15 The Chairman informed members that the Publication committee managed only to produce twoissuesoftheInfoJohoreBarintheyearduetoinsufficientarticlesandcontributionsfrommembers.

I. North Johore Affairs Sub-Committee Report

3.16 The Chairman said the report of North Johore Affairs Sub-Committee, led by Pn. Shahareen Begum, was shown from page 49 to 51.


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J. Sports Sub-Committee Report

3.17 The Chairman said the report of Sports Sub-Committee, led by Mr. Hardip Singh, was shown from page 52 to 53.

K. Human Rights Sub-Committee Report

3.18 The Chairman said the report of Human Rights Sub-Committee, led by Mr. K C Ng, was shown on page 54.

3.19 Mr. George John requested the Committee to arrange for full publicity of the incoming Public Forum on Police Accountability in Malaysia that will be held at Johor Bahru. He felt that this Public Forum would have full support from the public as there had been several cases of deaths in police custody.

L. Social, Charity & Welfare Sub-Committee Report

3.20 The Chairman said the report of Social, Charity & Welfare Sub-Committee, led by Mr. Fadhil Ihsan, was shown from page 55 to 56. Chairman also said that there was a lack of attendance from members for the social activities.

M. Young Lawyers and Chambering Pupils Sub-Committee Report

3.21 The Chairman said the report of Young Lawyers and Chambering Pupils Sub-Committee, led by Ms. Gun Huei Shin, was shown from page 57 to 58. Chairman also said that the Young Lawyers Committee had produced the Pupilage Handbook for easy reference of the pupils in chambers and the Handbook would be made available at the secretariat.

N. Shariah Sub-Committee Report

3.22 The Chairman said the report of Shariah Sub-Committee, led by En. Fadhil Ihsan, was shown on page 59.

O. Johore Bar Representative’s Report

3.23 The Chairman said that the report of the Bar Representative, prepared by Mr. S. Gunasegaran, was shown from page 60 to 69.


TO CONSIDER AND IF APPROVED, TO ADOPT THE JOHORE BAR COMMITTEE’S STATEMENT OF ACCOUNTS FOR THE YEAR 2014

4.1 The Johore Bar Committee’s Statement of Accounts for the year 2014 was approved as proposed by Ms. J. Chandrika and seconded by Ms. Kamala Gopal.


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TO FIX THE ANNUAL SUBSCRIPTION FOR THE YEAR 2015

5.1 The Chairman said that the Johore Bar Committee propose that the Annual Subscription for the year 2015 to remain at RM 200.00. Mr. Norman Fernandez seconded the proposal.

5.2 There being no other proposal or objection, the proposal was carried.


TO CONSIDER AND IF APPROVED, TO ADOPT A MOTION BY THE JOHORE BAR COMMITTEE TO NAME THE JOHORE BAR AUDITORIUM AS ABDULLAH A. RAHMAN AUDITORIUM

6.1 A summary of the motion is that: The Johore Bar resolves as follows:-

“That the Johore Bar Auditorium is to be named as the Abdullah A. Rahman Auditorium in recognition and appreciation of the late Abdullah A. Rahman’s contribution as leader of the Johore Bar.”

6.2 The Chairman informed the members that the Committee had put forward this motion in order to seek members’ views on the proposal to name the Johore Bar Auditorium as the “Abdullah A. Rahman Auditorium”.

6.3 Mr. P. Suppiah requested the Committee to provide more information to members for the reasons to change the auditorium name. He was of the view that to associate a person’s name to a building could be done if that person had contributed a lot of money to the building. He further said that most of the members did not know who Abdullah A. Rahman was.

6.4 TheChairmansaidthatAbdullahA.RahmanwasthefirstJohorlawyertohavebeenelectedas the Chairman of the Johore Bar in 1970 and had led the Johore Bar until 1981. He was the longestservingChairmanoftheJohoreBarandwasalsothefirstJohoreBarChairmantobeelected as the President of the Malaysian Bar.

6.5 Mr. P. Suppiah requested the Committee to consider the matter seriously and give more facts before deciding to change the auditorium name. He added that other Chairman and Bar Representative have also done considerable work for the welfare of the Bar.

6.6 The Chairman said that the Committee has brought the proposal to the attention of the Bar Council as the building belongs to the Malaysian Bar and the Bar Council had agreed to let the Johore Bar decide on the matter.

6.7 Mr. Andrew said that the Bar Council had decided that the Johore Bar Committee could decide on the proposal and not necessarily by the House.


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6.8 Mr. Norman Fernandez said that a large majority of members did not know who Abdullah A. Rahman was. He requested the Committee to defer the motion to another time and requested for more information on Abdullah A. Rahman to be published in the Info Johore Bar.

6.9 The Chairman informed members that a write-up on the late Abdullah A. Rahman had in fact been published in the Johore Bar website for members’ information. He further said that the late Abdullah A. Rahman’s contribution that was often referred to was his role in the amendment of the old Advocates Ordinance which resulted in stopping Singapore lawyers from practising in Malaysia in the 1970’s and that had resulted in more work opportunities for Johor lawyers.

6.10 Mr. Norman Fernandez reiterated his earlier objections to the proposal.

6.11 Dato’ Yeo Yang Poh spoke in support of the motion. He disagreed that recognition of a member’scontributiontobegivenonlywhentherewasfinancialcontribution.Hesaidthathehad known personally of the late Abdullah A. Rahman. Abdullah A. Rahman had served the Johore Bar for eleven years and thereafter as the President of the Malaysian Bar. He believed that the senior members had also known him well and had never heard of anything negative about him in the past.

6.12 The Chairman requested that the motion be put to vote, and the outcome was:

62 IN FAVOUR

11 AGAINST

5 ABSTAINED

The motion was carried.


TO ELECT:

(A) THE CHAIRMAN FOR THE YEAR 2015/16

7.1 The Chairman invited nominations for Chairman for the year 2015/16.

7.2 Mr. R Jayabalan was proposed by En. Mohd Fairuz, the proposal was seconded by En. Hj. Noordin.

7.3 There being no other nominations, Ms. J. Chandrika proposed that the nominations be closed and Mr. Norman Fernandez seconded.

7.4 Mr. R Jayabalan was re-elected as Chairman for the year 2015/16.

(B) NOT LESS THAN FOUR (4) MEMBERS AND NOT MORE THAN TEN (10) MEMBERS TO THE JOHORE BAR COMMITTEE FOR THE YEAR 2014/15

7.5 Mr. Norman Fernandez praised the Committee for a job well done and proposed that all of them be elected en bloc for the year 2015/16 to continue the good work.


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7.6 The Chairman said members should be given the choice to decide and invited nominations for the election of Committee members.

7.7 The following members were duly proposed and seconded to be elected to the Johore Bar Committee:

1. Mr. Mathews George Proposed by : Mr. Norman Fernandez Seconded by : Mr. S Kandasamy

2. Mr. Hardip Singh Proposed by : Mr. Norman Fernandez Seconded by : En. Mohd Fairuz bin Mahmood

3. Mr. Ng Kai Choy Proposed by : Mr. Norman Fernandez Seconded by : Ms. Kamala Gopal

4. Mr. Andrew Wong Fook Hin Proposed by : Mr. Norman Fernandez Seconded by : Ms. J Chandrika

5. Ms. Santhi a/p Balachandran Proposed by : Mr. Norman Fernandez Seconded by : Ms. J Chandrika

6. Ms. Gun Huei Shin Proposed by : Mr. Norman Fernandez Seconded by : Ms. Punitha Mariappan

7. En. Fadhil Ihsan bin Mohamad Hassan Proposed by : Mr. S Kandasamy Seconded by : Ms. Kamala Gopal

8. Ms. Punitha a/p Mariappan Proposed by : Ms. Kamala Gopal Seconded by : Ms. J Chandrika

9. Pn. Shahareen Begum binti Abdul Subhan Proposed by : Ms. Punitha Mariappan Seconded by : Ms. Shyamala Manoharan

7.8 There being no other nominations, Mr. Norman Fernandez proposed that the nominations be closed and was seconded by Ms. Shyamala Manoharan.

7.9 The Chairman declared the following members had been duly elected to the Johore Bar Committee for the year 2015/16:

1. Mr. Mathews George

2. Mr. Hardip Singh

3. Mr. Ng Kai Choy


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4. Mr. Andrew Wong Fook Hin

5. Ms. Santhi a/p Balachandran

6. Ms. Gun Huei Shin

7. En. Fadhil Ihsan bin Mohamad Hassan

8. Ms. Punitha a/p Mariappan

9. Pn. Shahareen Begum binti Abdul Subhan

(C) ONE (1) MEMBER TO REPRESENT THE JOHORE BAR IN THE BAR COUNCIL, STATES OF MALAYA FOR THE YEAR 2015/16

7.10 The Chairman invited nominations for the election of one member as Johore Bar’s Representative to the Bar Council.

7.11 Mr. S Gunasegaran was proposed by Mr. Norman Fernandez and was seconded by Ms. Shyamala Manoharan.

7.12 There being no other nominations, Mr. Kandasamy proposed the nominations be closed, which proposal was seconded by Mr. Thanabalan.

7.13 The Chairman declared that Mr. S Gunasegaran was elected as the Representative of the Johore Bar to the Bar Council for the year 2015/16.

(D) TWO INTERNAL AUDITORS FOR THE YEAR 2015/16

7.14 The nominations were as follows:

1. Ms. Shyamala Manoharan Proposed by : Ms. Punitha Mariappan Seconded by : Ms. Sharimilathevy

2. Ms. Sharimilathevy Proposed by : Mr. Kuna Nadasen Seconded by : Mr. Mathews George

7.15 There being no other nominations, Mr. Norman Fernandez proposed the nominations be closed and it was seconded by Ms. Navamani.

7.16 The Chairman announced that Ms. Shyamala and Ms. Sharimilathevy had been duly elected as the two (2) Internal Auditors for the year 2015/16.


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TO DISCUSS ANY OTHER MATTERS

8.1 Mr. Gunasegaran reminded members to attend the Malaysian Bar AGM on 14th March 2015, as there was, amongst others, an important motion to increase the Bar Council Annual Subscription.

8.2 Mr. Norman Fernandez thanked the Chairman, Committee members and the Secretariat staff for a well job done for the year.

8.3 Mr. Suppiah asked the Committee whether the family members of the late Abdullah A. Rahman was informed about the proposal to name the hall.

8.4 The Chairman replied that the family members of the late Abdullah A. Rahman had already been informed of the matter.

8.5 En. Marzuki enquired on whether the Committee could provide any assistance to members facingdifficultyinobtainingpracticingcertificatesfromtheBarCouncil.

8.6 The Chairman replied that it was not within the Committee’s powers to get involved in the processforobtainingpracticingcertificatesasthatwaswithinthepurviewoftheBarCouncil.HoweverifEn.Marzukihadaspecificinstanceinmindandrequiredassistance,herequestedEn. Marzuki to write to the Committee and the Committee would try to assist where possible.

8.7 The Chairman reminded members about the Annual Dinner later and that tickets were still available for purchase.

8.8 There were no further issues for discussion.

CONCLUSION

The Chairman thanked the committee members for their support and co-operation given to him and for agreeing to serve another term. He also thanked Pn. Siti and secretariat staffs for their support and co-operation.

The Chairman thanked everyone and adjourned the AGM at 12.30 p.m.

R Jayabalan Pn. Nik Raihan binti Nik Ja’afarChairman Honorary Secretary


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2015

FEBRUARY

14th ANNUAL GENERAL MEETING OF THE JOHORE BAR AND 1ST MEETING OF THE JBC 2015/16

at JOTIC Auditorium, Johor Bahru

14th ANNUAL DINNER & DANCE OF THE JOHORE BAR at Renaissance Hotel Johor Bahru

24th JBC Meeting with the Director of Johor Courts attheJohorBahruCourtComplex,JalanDato’Onn,JohorBahru

MARCH

5th 2ND MEETING OF THE JBC 2015/16 at Johore Bar Secretariat

25th JBC 1ST MEETING WITH Y.A DATO’ MOHD SOFIAN BIN TAN SRI ABD RAZAK, SENIOR JUDGE OF THE JOHOR BAHRU HIGH COURT TO DISCUSS COURT MATTERS

attheJohorBahruCourtComplex,JalanDatoDato’Onn,JohorBahru

25th YBGK MEETING WITH HEAD OF PROSECUTION UNIT (NO. 1 OF 2015) at State Legal Advisor Meeting room, Nusajaya, Johor

APRIL

2nd 3rd JBC MONTHLY MEETING at Johore Bar Secretariat

9th SEMINAR ON FAMILY LAW JOINTLY ORGANISED WITH BAR COUNCIL CPD DEPARTMENT

at Johore Bar Auditorium, Johor Bahru

15th JBC COURTESY CALL ON THE JUDGES AND JUDICIAL COMMISSIONERS OF THE JOHOR BAHRU HIGH COURT

attheJohorBahruCourtComplex,JalanDato’Onn,JohorBahru

23rd JOHORE BAR FORUM ON COURT MATTERS (NO. 1 OF 2015) at Johore Bar Auditorium, Johor Bahru

MAY

7th 4th JBC MONTHLY MEETING atMuarCourtComplex,Muar

Calendar of the Johore Bar 2015/16


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7th JOHORE BAR INFORMAL GATHERING WITH MEMBERS OF THE BAR at Muar Traders Hotel, Muar Johor

8th SEMINAR FOR LAWYERS ON MANAGING OFFICE AND CLIENTS’ ACCOUNTS at Johore Bar Auditorium, Johor Bahru

12th TALK ON PROCEDURES IN INDUSTRIAL COURT at Johore Bar Auditorium, Johor Bahru

13th JBC COURTESY CALL ON Y.A TUAN MOHD NAZLAN BIN MOHD GHAZALI, JUDICIAL COMMISSIONER OF THE JOHOR BAHRU HIGH COURT

at Civil High Court, MSC Cyberport, Johor Bahru

25th JBC 2ND MEETING WITH Y.A DATO’ MOHD SOFIAN BIN TAN SRI ABD RAZAK, JUDGE OF THE JOHOR BAHRU HIGH COURT TO DISCUSS COURT MATTERS

attheJohorBahruCourtComplex,JalanDatoDato’Onn,JohorBahru

27th SEMINAR TECHNOLOGY FOR LAW FIRMS: REVISED TO COVER GST ACCOUNTING

at Hotel Pelangi, Muar, Johor

28th SEMINAR TECHNOLOGY FOR LAW FIRMS: REVISED TO COVER GST ACCOUNTING

at Johore Bar Auditorium, Johor Bahru

JUNE

6th NORTH vs SOUTH JOHORE BAR GAMES at Batu Pahat, Johor

11th SEMINAR MILESTONE CASES IN MALAYSIAN LAND LAW at Johore Bar Auditorium, Johor Bahru

12th & 13th ADVOCACY TRAINING COURSE JOINTLY ORGANISED WITH BAR COUNCIL ADVOCACY TRAINING COMMITTEE

atJohorBahruCourtComplex

15th 5th JBC MONTHLY MEETING at Johore Bar Secretariat

15th NAMING CEREMONY OF THE JOHORE BAR AUDITORIUM AS THE ABDULLAH A. RAHMAN AUDITORIUM

15th PUBLIC FORUM “PREVENTION OF TERRORISM ACT 2015 (REVIVAL of ISA?); AND AMENDMENTS TO SEDITION ACT 1948” JOINTLY ORGANISED WITH BAR COUNCIL

at Tropical Inn Johor Bahru

16th WELCOMING HIGH-TEA IN HONOUR OF Y.A TUAN MOHD NAZLAN BIN MOHD GHAZALI, JUDICIAL COMMISSIONER OF THE HIGH COURT IN JOHOR BAHRU

at Grand BlueWave Hotel, Johor Bahru


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JULY

2nd 6th JBC MONTHLY MEETING at Johore Bar Secretariat

AUGUST


7th HARI RAYA AIDILFITRI CELEBRATIONS at PineTree Hotel, Batu Pahat, Johor

13th JOHORE BAR FORUM ON COURT MATTERS (NO. 2 OF 2015) at Abdullah A. Rahman Auditorium, Johore Bar Building

13th SEMINAR FOR LAWYERS ON MANAGING OFFICE AND CLIENTS’ ACCOUNTS at Hotel Pelangi, Muar, Johor

14th WORKSHOP ON E-PAYMENT JOINTLY ORGANIZED WITH BAR COUNCIL CPD DEPARTMENT

at Abdullah A. Rahman Auditorium, Johore Bar Building

18th & 19th PROFESSIONAL STANDARDS COURSE (1) at Abdullah A. Rahman Auditorium, Johore Bar Building

19th PROFESSIONAL STANDARDS COURSE DINNER at Berjaya Waterfront Hotel, Johor Bahru

22nd 9TH JOHORE BAR FUTSAL TOURNAMENT 2015 at CT Café & Sports Arena, City Plaza, Johor Bahru

24th PUBLIC FORUM “PREVENTION OF TERRORISM ACT 2015 (REVIVAL of ISA?); AND AMENDMENTS TO SEDITION ACT 1948” JOINTLY ORGANISED WITH BAR COUNCIL

at PineTree Hotel, Batu Pahat, Johor

27th ROADSHOW ON CONVEYANCING, CIVIL LITIGATION AND TECHNOLOGY JOINTLY ORGANISED WITH BAR COUNCIL CPD DEPARTMENT

at Abdullah. A. Rahman Auditorium, Johore Bar Building

SEPTEMBER

1st JBC MEETING WITH THE SESSIONS COURT JUDGES AND MAGISTRATES IN JOHOR BAHRU

atJohorBahruCourtComplex,JohorBahru


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3rd 8th JBC MONTHLY MEETING at Johore Bar Secretariat

9th PUBLIC FORUM ON PROMOTING GREATER POLICE ACCOUNTABILITY IN MALAYSIA JOINTLY ORGANISED WITH BAR COUNCIL

at Tropical Inn Johor Bahru

10th JBC MEETING WITH THE HIGH COURT JUDGES AND JUDICIAL COMMISSIONERS IN JOHOR BAHRU

atJohorBahruCourtComplex,JohorBahru


OCTOBER

2nd 9th JBC MONTHLY MEETING at Johore Bar Secretariat

10th TRAINING ON YAYASAN BANTUAN GUAMAN KEBANGSAAN (“YBGK”) JOINTLY ORGANISED WITH NATIONAL LEGAL AID COMMITTEE

at Abdullah A. Rahman Auditorium

16th SEMINAR ON COMMON GST ISSUES FOR LEGAL PRACTITIONERS at Abdullah A. Rahman Auditorium

18th JBC MEETING WITH Y.A DATO’ MOHD ZAWAWI BIN SALLEH, MANAGING JUDGE OF SOUTH JOHOR COURTS

at MSC Cyberport, Johor Bahru

23rd – 24th JOHORE BAR vs MAHKAMAH JOHOR – BAR BENCH CLUB GAMES 2015

29th SEMINAR ON COMMON GST ISSUES FOR LEGAL PRACTITIONERS at Muar Traders Hotel, Muar Johor

NOVEMBER


5th SEMINAR ON LEGAL DOCUMENTATION FOR ISLAMIC FINANCING: SALE-BASED STRUCTURES


19th JBC EMERGENCY MEETING at Johore Bar Secretariat

21st FORMULA JBC 2015 ORGANISED BY THE YOUNG LAWYERS AND CHAMBERING PUPILS SUB COMMITTEE

at Plentong Karting Circuit


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26th SEMINAR ON HIBAH AND ISLAMIC WILLS at Abdullah A. Rahman Auditorium

28th 10TH JOHORE BAR – VS – LAW SOCIETY SINGAPORE GAMES 2015 at Singapore

DECEMBER

3rd 11th JBC MONTHLY MEETING at Johore Bar Secretariat

4th to 11th 44TH BENCH & BAR vs POLICE GAMES 2015 at Johor Bahru

9th SEMINAR ON LATEST AMENDMENTS TO LAWS ON HOUSING DEVELOPMENT AND MAINTENANCE AND MANAGEMENT OF BUILDINGS AND COMMON PROPERTY

at Berjaya Waterfront Hotel, Johor Bahru

10th SEMINAR ON THE FUNDAMENTALS OF CROSS-EXAMINATION IN CIVIL AND COMMERCIAL TRIALS

at Muar Traders Hotel, Muar Johor

11th DINNER FOR 44TH BENCH & BAR vs POLICE GAMES 2015 at New York Hotel, Johor Bahru 14th YBGK MEETING WITH HEAD OF PROSECUTION UNIT (NO. 4 OF 2015) at State Legal Advisor Meeting room, Nusajaya, Johor

29th FAREWELL DINNER IN HONOUR OF Y.A TUAN MOHD NAZLAN BIN MOHD GHAZALI at Grand Paragon Hotel, Johor Bahru

2016

JANUARY


12th JBC AUDIENCE BEFORE HIS ROYAL HIGHNESS SULTAN IBRAHIM, SULTAN OF JOHOR

atMadosOffice,JalanPasirPelangi,JohorBahru

12th JBC COURTESY CALL ON Y.A PUAN AL-BAISHAH BINTI ABD MANAN, JUDICIAL COMMISSIONER OF THE JOHOR BAHRU HIGH COURT

at MSC Cyberport, Johor Bahru

19th & 20th PROFESSIONAL STANDARDS COURSE (2) at Abdullah A. Rahman Auditorium, Johore Bar Building


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20th PROFESSIONAL STANDARDS COURSE DINNER at KSL Hotel & Resort, Johor Bahru

21st SEMINAR ON AN INTRODUCTION TO ISLAMIC FINANCE JOINTLY ORGANISED WITH BAR COUNCIL


28th JBC COURTESY CALL ON Y.A TUAN MUHAMMAD JAMIL BIN HUSSIN, JUDICIAL COMMISSIONER OF THE MUAR HIGH COURT, JOHOR

28th JBC MEETING WITH THE HIGH COURT JUDGE AND JUDICIAL COMMISSIONER IN MUAR, JOHOR

atMuarCourtComplex

FORTHCOMING EVENTS

FEBRUARY


WELCOMING HIGH-TEA IN HONOUR OF Y.A PUAN AL-BAISHAH BINTI ABD MANAN, JUDICIAL COMMISSIONER OF THE JOHOR BAHRU HIGH COURT

REFERENCE CEREMONY FOR The Late Dato’ Sauffee Afandi Bin Mohamad The Late Ahmad bin Kemin The Late Sethu a/l Arumugam The Late Santharan a/l Ganapathi

19th JOHORE BAR ANNUAL GENERAL MEETING 2016/17 at JOTIC Auditorium, Jalan Ayer Molek, Johor Bahru

20th JOHORE BAR ANNUAL DINNER & DANCE 2016 at KSL Hotel & Resort, Johor Bahru


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CHAIRMAN’S REpORT

R JayabalanChairman

Annual General Meeting

The last Annual General Meeting of the Johore Bar was held on 14.2.2015. It was attended by 70 members. At the meeting members had re-elected the Chairman and nine Committee members to manage the Johore Bar for the year 2015/16.

The Committee

The Committee had re-appointed Puan Nik Raihan binti Nik Ja’afar as the Honorary Secretary and Mr. Mathews George as the Honorary Treasurer for the year.

The Committee also invited Mr. S Gunasegaran, the Johore Bar Representative to the Bar Council, to attend the Committee’s monthly meetings.

There are twelve sub-committees chaired respectively by a member of the Committee. These sub-committees had planned and organized the various activities of the Johore Bar during the year.

TheCommitteemetonmonthlybasisnamelyonthefirstThursdayofthemonthtoplanandcarryoutits functions in accordance with its powers under the Legal Profession Act 1976 and also to discuss current issues and matters of concern to members of the Johore Bar.

Membership of the Johore Bar

The Johore Bar currently has 1,868 members as at 31st December 2015. We are the third largest state Bar in the country after Kuala Lumpur and Selangor Bar. There were 68 new admissions to the Bar during the year.

Deceased members

Sadly, four members had passed away during the year. They are the late Mr. Sethu a/l Arumugam – passed away on 24th February 2015, Dato’ Sauffee Afandi Bin Mohamad – passed away on 11th March 2015, Santharan a/l Ganapathi – passed away on 4th August 2015, En. Ahmad bin Kemin – passed away on 21st August 2015. The Johore Bar mourns and offers its condolences to the beloved family of these deceased members.


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Disciplinary Proceedings

During the year disciplinary proceedings were taken against 24 members of the Johore Bar. A summary of the outcome is as follows : 1. Struck off the Rolls – 2 2. Suspension – Nil3. Fine – 204. Censure – 2

Activities of the Johore Bar

TheJohoreBarhadcarriedoutvariousactivitiesovertheyearforthebenefitofthemembers,theBar and also for the public. The particulars of the activities could be found under the report of the respective Sub-committees in this Annual Report.

The Courts Liaison and Public Relations Sub-committee attended to the Court issues and complaints. The issues/complaints were received at the Court forum, by email, letters and also verbally. The complaints were brought to the Court’s attention for resolution through the Senior High Court Judge, theCourt’sDirectoror in individualcases to the relevant judicialofficersdependingon thenatureof the complaints. Complaints that could not be resolved locally were brought to the Bar Council’s attention in order to be taken up at the national level. Some complaints were brought up directly to the attention of the Chief Registrar, Managing Judge or the Chief Justice. The Sub-committee had triedtodealwithallthecomplaintsreceivedinthebestmannerpossibleandexpeditiously.Someofthe complaints were successfully resolved with co-operation from the Courts but unfortunately, there were also complaints that could not be resolved in the way they should be due to the stance taken by theCourtsortherelevantjudicialofficersandwehadtopursuethisatthenationallevelthroughtheBar Council.

The Conveyancing Sub-committee had assisted members in respect of their queries and issues pertaining to the general conveyancing practice and in relation to the Land Registry. Several important issuesinrespectoftransfers,registrations,presentationandproceduralaspectshadbeenidentifiedand will be brought to the Registry’s attention. The Sub-committee had also assisted members on issues pertaining to Stamp Duty, implementation of GST and Borang I issues with the Majlis Bandaraya Johor Bahru. The Sub-committee had also carried out seminars on the latest amendments to housing development laws and strata management.

Continuing Professional Development (CPD) is an important focus area for the Committee. The Continuing Professional Development Sub-committee had been very diligent in emphasizing the importance of continuous learning for the members. The Sub-committee has established a very good working relationship with the Bar Council’s Continuing Professional Development Committee and had managed to organize numerous talks, seminars and trainings with well known speakers from aroundthecountryforthebenefitofthemembers.TheseminarswereheldinJohorBahruandMuar.In total about 19 seminars and trainings were held. Special focus was given to issues arising from GST implementation in view of its importance and wide implication to members. These seminars had been useful in educating members on recent developments in law, introducing new areas of law and in accumulating CPD points. The revenue obtained by this Sub-committee in organizing seminars and trainings had been a very important source of non-subscription income for the Johore Bar.


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The LegalAid Sub-committee continued to operate the legal aid program for the benefit of poorlitigantsfromitsofficeinJohorBahruandMuar.AbigpartofitsoperationnowistheserviceundertheYayasan Bantuan Guaman Kebangsaan (YBGK). It is heartening to note that we have a good number of lawyers volunteering under this sub-committee. There are about 85 volunteer lawyers in the Legal Aid list and 150 lawyers for YBGK. With this, the sub-committee was able to set-up an organized and effective roster system in Court that ensures all deserving litigants received legal assistance. The YBGK scheme had also been very useful in providing immediate legal assistance to persons arrested under the Sedition Act and other security laws. Without the volunteer lawyers, the sub-committee wouldnothavebeenabletocarryoutitsfunctions.IwouldliketoexpresstheCommittee’sgratitudeto these volunteers for their services and commitment to this program.

The Sports Sub-committee had a busy year with various sporting events. The Sub-committee organized the 44th Police & Bar-Bench Games this year. The Committee had targeted to win the Games this year as it has been more than 25 years since the Bar-Bench won the Games. Although we did not achieve what we had set out to do, the target had obviously spurred the Bar-Bench players to do better than previous years. We performed much better than last year and managed to reduce the losing margin against the Police. This year also saw the re-introduction of the shooting event after a long absence. All High Court Judges and Judicial Commissioners and several members took part in the event that was held at IPD Seri Alam Shooting Range. Other games held were the North-South Johore Bar Games, Interstate Bar Games, 9th Johore Bar Futsal Tournament and Johore Bar-Law Society of Singapore Games. Through these games, this year the Sub-committee managed to identify several new young sportsmen and sportswomen and hopefully they will continue to participate in future on behalf of the Johore Bar. On another note, the active participation by the Johore Bar in these games hadtoacertainextentaddedontoouroverallexpensesbutthishasbecomeanecessaryexpenseinorder to create awareness and support for the Bar especially from amongst the younger members.

The Social, Charity and Welfare Sub-committee had a less busy year as opposed to last year where we were kept busy organizing farewells, welcomings and elevation events for judges. This year the Sub-committee had to carry out only one welcoming and farewell.

The Human Rights Sub-committee had an active year. Several public forums were organized in Johor Bahru and Batu Pahat to deal with current developments that affect the general public such as the introduction of the Prevention of Terrorism Act 2015, the amendment to the Sedition Act 1948, and on Police Accountability in cases of death in police custody. The forums were meant to educate the general public and to create more awareness on the changes in security laws and its grave implications. The Sub-committee also rendered assistance to members of the public and a member of the Johore Bar who was arrested under the Sedition Act and other security laws by providing legal representation and holding watching brief on behalf of the Malaysian Bar.

The Young Lawyers & Chambering Pupils Sub-committee unfortunately was limited to organizing only one event so far and could not carry out some of their planned programs.

The Publication & IT Sub-committee this year undertook to revamp the Johore Bar website and to update and digitize the INFO Johore Bar. The website now has more server capabilities and usage. The website could be more leveraged now in sending out information to members and made compatible for social media users. The response to the new INFO was encouraging and hopefully this would motivate more members, especially the younger members, to contribute materials for publication in future so that the INFO would truly be a collective publication of the Johore Bar.


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The North Johore Affairs Sub-committee continued to handle and manage members’ affairs in the Northernregion.Therewasdifficultyfacedindealingwithsomeoftheissuesraisedbythememberson a regular basis as we could not secure a regular dialogue session with the Courts as was previously done.However,urgentmatterswerestillattendedtodirectlywiththerelevantjudicialofficersandonad-hoc basis.

TheShariahSub-committeehadcarriedouttalksonIslamicFinance,ConflictofLawsandonHibahand Islamic Wills. This has been useful in educating our members who are not Syarie lawyers and non-muslim members on these issues.

Courtesy Calls

The Committee carried out the following courtesy calls on members of the judiciary in Johor:

1. 15th April 2015 – Courtesy call on the Judges and Judicial Commissioners of the High Court in Johor Bahru.

2. 12th January 2016 – Courtesy call on the new Judicial Commissioner YA Puan Al-Baishah binti Abd Manan.

3. 28th January 2016 – Courtesy call on the new Judicial Commissioner YA Tuan Muhammad Jamil bin Hussin.

Welcoming and farewell

YA Tuan Mohd Nazlan bin Mohd Ghazali commenced his posting in Johor Bahru as Judicial Commissioner of the High Court on 20th April 2015. The Committee paid a courtesy call and organized a welcoming hi-tea in his honour on 16th June 2015.

On 1st January 2016 YA Tuan Mohd Nazlan was transferred to the High Court in Kuala Lumpur. The Committee organized a farewell dinner in his honour on 29th December 2015.

A welcoming hi-tea would be organized in March in honour of the new Judicial Commissioner YA Puan Al-Baishah binti Abd Manan.

Poor response of members to Bar activities

Considering that the Johore Bar is the third largest State Bar with more than 1,800 members, the rate ofattendanceatourBaractivitiesisdisappointing.TheCommitteefindsitextremelydifficulttogeteven 50 members to attend a Bar function. For every Bar event, the secretariat staff and Committee membershadtoincessantlycall,cajoleandbegmembersforseveraldaystofilluptheseatsandevenhadtobeapologetic foraskingmemberstoattendaneventorganizedfor theirownbenefit.Instances of poor response to Bar activities:

- Poor attendance at the Bar AGM itself- Shortage of members offering to become Committee or Sub-committee members- Poor attendance at annual dinner, social functions and informal gatherings - Poor attendance at court forums- Shortage of players for the Bar’s sports events- Lack of members’ contribution for INFO Bar


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Many social events/seminars had to be cancelled due to poor response or doesn’t get organized due to uncertaintyinmembers’response.Therewerealsowastedexpenseswheneventshadtobecancelleddue to poor response. It is also very discouraging especially for younger Committee members who had come forward to serve the Johore Bar only to realize that members are not supportive.

The lack of response by members to Bar activities have been going on for several years now. If this continues the Bar and the fellowship at the Bar as we know it may soon be a thing in the past. Without members’ support and participation the Committee too would no longer be able to carry out its responsibilities to members and this ultimately would fail the Johore Bar itself. The Committee implore members to appreciate the problem and to give more support to the Bar activities in the following term.

Having said the above, the Committee is nevertheless thankful to those members who have been continuously supporting the Johore Bar with their presence and participation and appreciated the Committee’s predicament. The Committee wish to record our deepest gratitude and appreciation to these members for their support to the Johore Bar.

At the Bar Council

The Johore Bar Representative to the Bar Council Mr. S Gunasegaran and I have also been raising matters of concern to the Johore Bar and the Bar in general at the Bar Council including during the monthly meetings.

Amongst the matters that were raised were court issues that could not be resolved at the local level; implications from the setting up of the Lembaga Perumahan Sektor Awam (LPPSA) on members carryingoutconveyancingpractice,difficultiesarisingfromGSTimplementation,CPDissues,andadvocating that “bread and butter issues” of members should be given more prominence and attention during the monthly Bar Council meetings.

In fact, following a proposal from the Johore Bar, discussions on “bread and butter issues” i.e court and conveyancing problems have now been set as a permanent item in the agenda for the Bar Council’s monthly meetings. This has allowed every state to bring the more serious and important court and conveyancing issues directly to the Bar Council’s attention almost immediately for action and resolution.

Some of the important developments affecting members :

AnewschemeformandatoryContinuingProfessionalDevelopment(CPD)isbeingfinalizedandwillbeputformembers’considerationatthenextAGMoftheMalaysianBar.

The Solicitors Remuneration Order (SRO) is now under discussion to possibly allow members to give a discount of up to 25% on fees under First and Third Schedules only.

GroupLawPractice-smallfirmswithmaximumof5lawyerswouldbeallowedtosetupgrouplawpracticewithmaximumof5firmspergroup.Thiswouldgreatlyassistsmalllawfirmstoreducetheiroperating costs as they can now share premises, staff and facilities.

Conditional Fee Rules for Personal Injury Claims – the proposal is now at an advanced stage. It would provideclientswithanoptiontopayfeesbywayofafixedretainerRM500.00andwithmaximumof20% of the damages as balance fee in the event of success in road and industrial accident claims. A standard form of agreement for such fee arrangement would also be provided under the relevant rules.


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Further particulars in respect of the Bar Council matters can be seen in the Bar Representative’s report.

Audience before HRH Sultan Ibrahim, Sultan of Johor

InNovember2015,theCommitteewasinformedthatHisRoyalHighnesshadexpressedadesiretomeet the members of the Johore Bar. Following this information the Committee sought for an audience. The audience was granted on 12.1.2016 and limited to three representatives. The Chairman, the Bar Representative Mr. S. Gunasegaran and Pn. Shahareen Begum represented the Committee. During theaudienceHisRoyalHighnessappreciatedtheroleoftheJohoreBarandexpressedhisdesireforan opportunity to meet the members. The Committee informed His Royal Highness that the Committee would look into organizing a suitable occasion soon for His Royal Highness to meet the members. The CommitteealsoexpressedtheJohoreBar’scondolencesonthedemiseofYAMTunkuAbdulJalil.The audience ended with the Committee presenting a Johore Bar souvenir to His Royal Highness.

Acknowledgments

ImustrecordmyappreciationtotheJudges,JudicialCommissionersandjudicialofficersinJohorfortheir co-operation with the Johore Bar Committee. A special thanks is due to the Senior High Court JudgeYADato’MohdSofianforbeingattentivetotheBar’sproblems;forappreciatingtheimportanceoftheBarandBenchtohaveagoodworkingrelationshipandforencouragingotherjudicialofficersto establish good relationship with the Bar. IwouldalsoliketoexpressmydeepestgratitudetotheCommitteemembersfortheirsupportandco-operation in carrying out the Committee’s responsibilities during the year and for their willingness to spend time and effort for the betterment of the Bar despite their own work commitments.

The Committee would not have been able to operate and carry out its responsibilities without the support of the Secretariat staff in Johor Bahru and Muar. I would like to thank the Secretariat staff led byPn.SitiNorhafizah,andconsistingofMs.CiceliaMani,En.Shuhaimi,Pn.NurhudaandPn.Rositafor their support and co-operation to the Committee and for attending to the members as a whole.

Finally, my deepest gratitude and appreciation to members of the Johore Bar for giving the Committee and myself an opportunity to serve and lead the Johore Bar.

It has been an honour to lead and serve the members of the Johore Bar. Thank you.

Dated this 22nd January 2016.

R. JAYABALANCHAIRMAN


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HONORARY SECRETARY’S REpORT

Nik Raihan binti Nik Ja’afar

The Johore Bar has a total of 1,868 members as at 31st December 2015.

The elected members of the Johore Bar Committee for 2015/16 are as follows:

CHAIRMANR. Jayabalan

COMMITTEE MEMBERSAndrew Wong Fook HinPuan Shahareen Begum binti Abdul SubhanHardip SinghMathews GeorgeMrs. Santhi a/p BalachandranMrs. Punitha a/p MariappanMs. Gun Huei ShinFadhil Ihsan bin Mohamad HassanNg Kai Choy

Mr. S. Gunasegaran was elected as Johore Bar’s Representative to the Bar Council for the term 2015/16.

The Johore Bar Committee appointed Puan Nik Raihan binti Nik Ja’afar as the Honorary Secretary and Mr. Mathews George as the Treasurer for the term 2015/16.

The Committee held 12 Monthly Meetings and a Special Meeting (as at 7th January 2016) and the attendance of members is as follows:

R. Jayabalan - 13/13 Andrew Wong Fook Hin - 4/13Puan Shahareen Begum binti Abdul Subhan - 8/13Hardip Singh - 11/13Mathews George - 10/13Ms. Santhi a/p Balachandran - 7/13Ms. Punitha a/p Mariappan - 8/13Ms. Gun Huei Shin - 11/13


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Fadhil Ihsan bin Mohamad Hassan - 8/13Ng Kai Choy - 11/13Puan Nik Raihan binti Nik Ja’afar (Hon. Secretary) - 10/13S. Gunasegaran (Bar Rep.) - 8/13

The Johore Bar Sub-Committee’s Chairperson and Deputies are as follows:

Courts Liaison and Public Relations R. JayabalanDeputy Pn. Shahareen Begum binti Abdul Subhan

Conveyancing Andrew Wong Fook Hin

Continuing Professional Development Ms. Santhi a/p BalachandranDeputy Pn. Shahareen Begum binti Abdul Subhan

Human Rights Mathews George

Building, House, Library & Mathews GeorgeMembers Welfare

Legal Aid Ms. Punitha a/p Mariappan

Publications & Information Technology Fadhil Ihsan bin Mohamad Hassan

North Johor Affairs Pn. Shahareen Begum binti Abdul Subhan

Shariah Fadhil Ihsan bin Mohamad Hassan

Young Lawyers and Chambering Pupils Ng Kai Choy

Social, Charity & Welfare Ms. Gun Huei ShinDeputy Fadhil Ihsan bin Mohamad Hassan

Sports Hardip Singh

Asat31stDecember2015,atotalof87pupilshavefiledtheirpetitionsforAdmissiontotheBarattheJohor Bahru and Muar High Courts.


NIK RAIHAN BINTI NIK JA’AFARHonorary Secretary


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COURTS LIAISON AND pUBLIC RELATIONSSUB-COMMITTEE REpORT

R JayabalanChairman

Overview

The Sub-committee’s main function was to deal with the complaints received from the members on court matters and to provide suggestions or feedback to the Courts for improvement in the administration of justice. The Sub-committee also had to deal with the complaints and concerns received from the Courts on the general conduct of members and on administrative matters.

Complaints from members

The complaints from members were received at the Court Forum, by letters, email or verbally. The Sub-committee held two Court Forum to receive complaints, feedback and suggestions from members. Revised complaint forms for court and conveyancing matters were made available for members at the Bar Rooms, Secretariat and at the Johore Bar website. The following dedicated emails were also set-up to receive complaints from members on court and conveyancing matters:

- [email protected] [email protected]

The response to the Court Forums was poor with only about 4-5 membersattendingateach forum.Thishasmade itdifficult forthe Sub-committee to deal with some of the purported issues/complaints as members did not come forth to provide the particulars or to provide co-operation. Nevertheless, the Sub-committee had attended to the complaints received from those who were present. There were also written and verbal complaints received from members from time to time and these were attended to as well in the best possible manner.

DeputyPn. Shahareen Begum binti Abdul Subhan

MembersMs. Chandrika JaganathanMs. Navamani a/p ArumugamHardip SinghPn. Nas Idalina NasruddinSasindran a/l KuttappanMs. Punitha a/p MariappanK. Vijay KumarMs. Shyamala ManoharanLim Chon SinTee Yee Koon


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Court Liaison Officers

ThefollowingSub-committeememberswerealsoappointedastheliaisonofficersonbehalfoftheSub-committee to receive and handle complaints:

a) Mr. R. Jayabalan for civil suit and originating summons matters;b) Pn. Shahareen Begum for North Johor court matters;c) Ms. J. Chandrika for family law matters;d) Ms. Punitha for motor vehicle accident cases;e) Ms. Santhi and Puan Nas Idalina for bankruptcy, banking and foreclosure matters;f) Mr.VijayKumarandMr.Sasindranfore-filingandCRTsystem;g) Mr. Lim Chon Sin for criminal cases.

The liaison officerswere authorized to take up thematter referred to thembymemberswith therelevant judicial officers or court staff in urgent cases andwhere necessary to refer them to theChairmanortheSub-committeeforfurtheraction.Theliaisonofficersalsoservedtoidentifyongoingissues in Court and to bring it to the Sub-committee’s attention.

Issues raised by members

Amongst the issues raised and discussed with the courts were as follows:

1) Civil matters

a) Court’sreluctancetoallowexparteapplicationsb) Fixingofhearingdateswithouttakingintoaccountparties’freedatesc) Short dates given for case management and for compliance with directions.d) TherequirementforaffidavitfromattestingsolicitorsinWillsforprobatematterse) New directions from Deputy Registrar and SARs that were not supported by the Rules of

Courts.f) Judicial temperament issuesand lackof respect formembersbycertain judicialofficersand

Court staff g) Usage of handphone and tablet during proceedings.h) Insistence on settlement or to withdraw proceedings especially at the Subordinate Courts.i) Delay in issuance of sealed orders and applications.j) Shortage of Chinese interpreters. k) Continued compliance with Practice Direction 2 of 2013 for accident cases.l) Delay in returning Power of Attorney and missing Power of Attorney.m) Documentsbeingrejectedduetowrongcodeandinsufficientcode.n) DifficultiesarisingfromPracticeDirection2of2014oncasemanagement.o) SubordinateCourts’reluctancetoawardcosts,fixingofcostsandquantumofcosts.p) FixingofmattersonCertificateofUrgency.q) Filing of List of Assets and Liabilities as separate documents for Probate matters.r) One relief per one notice of application in bankruptcy matters.s) The need for additional Magistrate’s Court for civil matterst) E-filingissuesu) PoorservicefromFormisindealingwithcomplaintsfrommembersone-filing


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2) Criminal matters

a) Lack of court room for case management

b) Insufficientwaitingroomorseatsforlawyersduringcasemanagement

c) Accusedtakenout fromcourtbeforeendof theday’sworkinghours thuscausingdifficultieswhen bail money is being arranged

d) JudicialofficersmeetingDPPorprosecutingofficersinchamberswithoutcounsel’spresence

e) Case distribution method under the assigned case list

f) EarlyclosureoffinancecounteronThursday

g) Issues pertaining to subpoena for witnesses

h) Issues pertaining to rights of counsel holding watching brief.

3) Administrative matters

a) Increasedcostsatservicebureauanddelayinfiling.

b) Implementationofe-finance

c) Frequent breakdown of computers at service bureau.

d) Counterclerksrejectingdocumentsforflimsyreasons

e) Delayinfilingtimeforfirmscarryingoute-filingfromtheiroffice

f) The need for a specialized Family Court in Johor Bahru

g) Incompletelistofcausepapersandfilingcodeundere-filing

h) Courtformsthatwerenotassignedcodenumbersunderthee-filing

i) DelayatMJUinfixingcasemanagementdates

j) Non usage of queue management system at High Court

k) Absence of notice to members when new requirements are being implemented by Deputy Registrars and SARs

l) Lack of parking space and breakdown in lift services at Menara Cyberport

m) Acknowledgementsnotbeinggivenfordocumentsfiledatservicebureau

n) Lack of space for lawyers when waiting for matters before Deputy Registrars and SARs.

o) DifficultiesarisingfromGSTimplementation

p) Proposal to implement e-bidding for foreclosure proceedings.

q) Limitedfilesearchtime

r) Unhappiness with service provided by Formis

Issues raised by the Courts

The Courts had also brought to our attention the following concerns and requested for assistance:

a) Lawyers coming late to court regularly

b) Lawyers not ready to proceed with hearing

c) Standingdownmattersindefinitely

d) Courtbeingkeptwaitingindefinitelyforlawyer’sappearance

e) Improper attire in open court and chambers

f) Lackofcourtdecorumtowardsjudgesandjudicialofficers


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g) Last minute applications for postponement

h) Documentsnotbeingfiledbye-filingalthoughhardcopiesgiventocourt

i) Delay in complying with case management directions

j) Filing of accident claims that falls within Magistrate’s Court jurisdiction at the Sessions Court.

k) Filing of accident claims not in accordance with the local jurisdiction.

l) Low success rate in mediation of accident claims.

These concerns from the Courts were also attended to by the Sub-committee.

Complaints against judicial officers and court staff

Therewerealsocomplaintsreceivedontheconductofsome judicialofficers inrelation to judicialtemperament and respect for lawyers and witnesses appearing before them. These complaints were taken up with the Senior High Court Judge and attended to accordingly. Complaints in relation to attitude of certain court staffs towards lawyers were attended to through the relevant Deputy Registrar or the Director of Courts and when necessary was brought to the attention of the Senior High Court Judge.

Dealing with complaints and issues

In dealing with the complaints and issues raised by the members the Sub-committee had liaised primarilywith theSeniorHighCourtJudgeYADato’MohdSofianbinTanSriAbdRazak inJohorBahru. There were also regular dialogue sessions for the Bar and Bench to address issues and to provide feedback and update. The dialogue sessions were with the High Court Judges, the Director ofCourtsandtheJudicialOfficersrespectively.

As for North Johore the Sub-Committee had to deal with the issues primarily with the relevant judicial officersonad-hoc basis as the Sub-committee could not secure a regular dialogue session with the Bench there.

There was generally good co-operation from the Courts in understanding the Bar’s concern over the issues that were raised. Action was taken immediately particularly where conduct of certain judicial officersisinvolvedandfeedbackwasgiventotheBar.

Issues pertaining to the administrative matters and the Registry were brought to the attention of the DirectorofCourtsforactionandagaintherewasgoodresponsetotheissuesandeagernesstofinda solution.

More important issues that could not be resolved locally were brought to the attention of the Bar Council’s Court Liaison Committee so as to be taken at national level with the Judiciary.

Some of the local issues that could not be resolved here in the way we had wanted were directly brought to the attention of the Chief Registrar, the Managing Judge or the Chief Justice during the regular meetings and on ad-hoc basis.

The Sub-committee had also issued notices and announcements from time to time under the “Attention!” series of circulars to update members on urgent matters or changes taking place in courts, on important practice/procedural matters and to alert members on important circulars from the Malaysian Bar.


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The Sub-committee acknowledge that there were complaints/issues raised by members that could not be resolved in the way we had wanted and members could have been left disappointed with the outcome. This is especially so in respect of administrative issues and the Registry that keep recurring despiteactionbeingtakenorpromisedtobetaken.Thiswasdefinitelynotduetothelackoftryingor effort by the Sub-Committee or the Chairman. The Sub-Committee will continue to attend to these issues.

Appreciation

I wish to thank the Sub-committee members for their support. They have been kind enough to assist and contribute to the betterment of the Bar despite their own work commitments. I am also thankful to theco-operationgivenby theSeniorHighCourtJudgeYADato’MohdSofianonbehalfof theBenchandotherjudicialofficersinattendingtoourcomplaintsandunderstandingourconcerns.Aspecial note of thanks is also due to many members of the Johore Bar who have been kind enough to offer guidance and render opinion whenever called upon for assistance by the Sub-committee or the Chairman.


R. JAYABALANChairmanCourts Liaison and Public RelationsSub-Committee 2015/16


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BUILDING, HOUSE, LIBRARY AND MEMBERS’ WELFARESUB-COMMITTEE REpORT

Mathews GeorgeChairperson

1. HOUSE & BUILDING

TheJohoreBar continued tooccupy three (3) floorsof theJohoreBarBuildingandthefourth(4th)floorwasrentedoutto a new tenant One Suria Mgmt Resources.

As at December 2015, the Johore Bar has repaid to the Bar Council a sum of RM72,000.00 in respect of the renovation loan leaving a balance of RM28,000.00.

FromJanuaryuntilDecember2015,sixteen(16)JohoreBarevents were held at the auditorium.

2. NAMING CEREMONY OF THE JOHORE BAR AUDITORIUM AS “THE ABDULLAH A. RAHMAN AUDITORIUM”

Pursuant to the resolution adopted at the last AGM, the Johore Bar held a ceremony on 15.6.2015 at the Johore Bar Building to name the Johore Bar Auditorium as the “Abdullah A. Rahman Auditorium”. The late Abdullah A. Rahman was the longest serving Chairman of the Johore Bar and the 1st Chairman of the Johore Bar to be elected as the President of the Malaysian Bar.

The ceremony was graced by the family of the late Abdullah

A. Rahman and past Chairmen of the Johore Bar. Mr. S. Balarajah gave a citation on the late Abdullah A. Rahman’s lifeat theBar.ThenamingceremonywasofficiatedbyMr.Steven Thiru, President of the Malaysian Bar.

3. LIBRARY

In the year 2015, we have continued our subscriptions with the following online journals and resources:(a) CLJ online; and(b) PNMB Lawnet.

SecretaryMs. Thilagavathy Rama Loo

MembersR. JayabalanAndrew WongS. Gunasegaran


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Nonewlawtextbookswereacquiredduringtheyear2015butwehavecontinuedwiththeannual subscriptions were continued for the All Malaysia Reports, Malayan Law Journal, Atkin’s Court Form Malaysia, MCP Court Practice, Annotated Statutes of Malaysia, Halsbury Laws of Malaysia, and Mallal’s Digest.

The Johore Bar Committee also continued to receive a sum of RM10,000.00 from the Bar CouncilasitsannualallocationtoStateBarsforexpendituresrelatingtothelibrary.

4. APPRECIATION

My sincere appreciation to members of the Sub-Committee and the Johore Bar Committee, in particular the Secretariat staff, the secretary of the Sub-Committee Ms. Thilagavathy Rama Loo and the Chairman of the Johore Bar for their untiring support towards the activities of this Sub-Committee.


MATHEWS GEORGEChairpersonBuilding, House, Library And Members’ Welfare Sub-Committee 2015/16


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CONVEYANCING SUB-COMMITTEE REpORT

Andrew WongChairperson

1. Conveyancing issues with Land Registry Johor

1.1 The last dialogue between representatives of the Johore Bar and the land Registry Johor took place on 10/02/2014.

1.2 Since then it is noted that the previous conveyancing sub-committee had written several letters to the land registry setting out various conveyancing issues to be discussed, includingextendingacopyofsuchrequestforadialoguetothe Chief Minister, the State Secretary and the State Legal Advisor.

1.3 Due to the lack of response from the appropriate authorities on the Bar’s request for a dialogue, the sub-committee decided to set out the conveyancing issues in greater detail with a background giving rise to those issues.

1.4 Thesub-committeeidentifiedtwelve(12)issueswhichtheywish to raise in a dialogue with the land registry:

(a) Endorsement on a private search “Carian Persendirian Hakmilik ini tidak sah sebarang kegunaan rasmi”.

(b) Delay in granting of approvals for transactions whether from a bumiputra to a non-bumiputra or from a bumiputra to a non-citizen.

(c) Additional guidelines relating to transactions of a bumiputra lot to a non-citizen in the secondary market, anon-bumiputralottoanon-citizenandexemptionofindustrial land from the guidelines relating to acquisition of property by non-citizens.

(d) Delay in the registration of dealings relating to properties held under strata titles.

DeputyMs. Lee Mei Yeng

MembersLim Eng SiangTho Kam ChewMs. Manjit KaurMs. Nina ChuahMs. Low Huei ShyanStephen NgRoger Lo Dato’ Lawrence ChiongMs. Evelyn Eng Hui XianCik Farina binti Mohamad YahyaMs. T. ShaminiMs. Teh Yin Chiew


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(e) Online payment of quit rent and inability to print receipts.

(f) In respect of parcels held under strata titles, payment of quit rent on the lot of land instead of on the parcel.

(g) Guidelinesondocumentsrequiredwhenexecutionofinstrumentsfordealingsinlandheldunder Malay Reserve are required to be attested by a Pentadbir Tanah Daerah.

(h) In a case where the registered proprietor is deceased and probate has been granted, problems relating to the simultaneous presentation of transmission and transfer to beneficiaries.

(i) Clarificationontherecentchange incategoryof landuseofworkshopfrombuilding toindustry.

(j) Clarificationofindustriallandwiththecondition“PerkhidmatanServis”.

(k) Whether State Authority Approval is required for registration of instrument of transfer to a non-citizen in a case where the sale and purchase agreement was entered into and stamped before 16/02/1996 and the issue document of title was issued after that date.

(l) Whether State Authority Approval is required for registration of instrument of transfer to a trustee who is a non-citizen.

1.5 Atthetimeofthisreport,thesub-committeeisfinalisingtheaboveissuesinBahasaMalaysiaand it is estimated that the letter to the land registry will be sent out before end of January 2016 to request for a dialogue on those issues as soon as possible.

2. Discussion with Majlis Bandaraya Johor Bahru on filing of Borang I

2.1 The Johore Bar Committee had received a letter from Majlis Bandaraya Johor Bahru, stating that manysolicitorshadfailedorneglectedtofileaBorangIwhenhandlingatransactionrelatingtoa change in proprietorship of property in Johore Bahru, and requested for a meeting to discuss this issue.

2.2 The sub-committee invited the local authority to the Johor Bar secretariat for a meeting at which thesub-committeeexplained to the localauthority thatasolicitorwillhaveadutyandresponsibilitytofiletheBorangI,if;

(a) A solicitor is instructed by his client to do so;

(b) HisfeesforfilingBorangIhasbeenpaid;and

(c) HeisfurnishedwithallrequireddocumentsforfilingtheBorangI.

2.3 Nevertheless, the sub-committee agreed with the local authority that a circular will be issued to all members to remind them of the provisions of section 160 of Act 171 regarding the duty and responsibilityofthevendorortransferorandthepurchasertofiletheBorangI.


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3. Proposed dialogue with Jabatan Kastam on GST relating to property transactions

3.1 At the time of this report, the sub-committee is in the process of formulating issues relating to GST on property transactions which the sub-committee intends to rasie in a proposed dialogue with Jabatan Kastam.

3.2 ItisestimatedthattheGSTissueswillbefinalisedandalettertotheJabatanKastamwillbesent out before end of February 2016 to request for a dialogue on those issues as soon as possible.

4. Seminar on latest amendments to laws on housing development and maintenance and management of buildings and common property

4.1 The sub-committee organised the above seminar which was held on 09/12/2015.

4.2 Due to overwhelming response from members, the venue of the seminar was shifted from the auditorium to the Berjaya Waterfront Hotel.

4.3 It was attended by 173 participants.

5. Information for members

During the course of the year under report, the sub-committee had issued several circulars informing members of developments in conveyancing practice, including:

• Implementation of GST on services provided by the Companies Commission of Malaysia;

• GSTGuideonLegalPractitionersrevisedasat22/12/2015;

• PublicSectorHomeFinancingBoard(VestingDate)Order2015;

• Remindertobecautiousagainstfraudulentattestationofwithdrawalofprivatecaveats.

6. Appreciation

Iwould like toextendmysincereappreciation toallmembersof thesub-committee,andallmembers of the Johore Bar Committee, in particular the Chairman of the Johore Bar, for their untiring support towards the activities of this sub-committee.


ANDREW WONG ChairpersonConveyancing Sub-Committee 2015/16


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LEGAL AID SUB-COMMITTEE REpORT

Punitha a/p MariappanChairperson

On 1st August 2015 the Legal Aid-Sub Committee participated in the “Walk With A Friend Who Cares and Listens” organised by the Befrienders Johor Bahru at Hutan Bandar Mutiara Rini, Skudai Johor. The program was attended by 300 members of the public. In that program we also distributed pamphlets and information on YBGK and Legal Aid to the public.

On 10th October 2015 we conducted the training on Yayasan Bantuan Guaman Kebangsaan (Part 1 and Part 2) at the Abdullah A. Rahman Auditorium at Johore Bar Building and attended by 35 lawyers.

There are about 85 lawyers in the list of volunteers for Legal Aid and 150 lawyers for YBGK in the state of Johor. With this we were able to provide immediate legal assistance to deserving members of the public on a regular basis.

We also provided immediate legal assistance to members of the public who were arrested or charged under the Sedition Act and other security laws.

Throughouttheyearweattendedsix(6)meetingswithNLACtodiscuss issues relating to Legal Aid and YBGK. We had four (4) meetings during the year to discuss various issues on YBGK with the Johor State Legal Advisor and the Prosecution Unit at Nusajaya, as follows:

a) 25th March 2015;b) 24th June 2015;c) 28th September 2015; andd) 14th December 2015.

TheLegalAidCentreopened10filesandYBGKabout350filesfor the period from 1st January 2015 to 30th November 2015.

DeputyMs. Bharathi Krishnan

MembersMs. Navamani a/p ArumugamMs. Vimala a/p ArunasalamMs. Yvonne Young Ai PengMs. Kala Lakshmi a/p Annamalai (Treasurer)Subash a/l RamasamyAlbert Ding Vijayan a/l Kunjappa


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The breakdown of Legal Aid Centre cases as follows:-

a) Qualified - 14b) Notqualified - 5c) Closedfile - -

The breakdown of YBGK cases as Follows:-

a) Criminal - 350

S. 392 PC S. 379 PC S. 376 PC S. 381 PC S. 411 PC S. 394 PC S. 395 pc S. 420 PC S. 324 PC S. 39 A DDA S. 12 DDA S. 6 DDA

b) Matrimonial - 13

Divorce matters Custody Maintenance

c) Syariah Matters - 1

The statistics for YBGK as follows:

Month (2015)

No. of persons seen by lawyers at IPD/Agency

No. of persons Assisted at Remand Hearing

No of persons Assisted at Charge, Mitigation or Bail stage

No of criminal files assigned to YBGK lawyers

Fax received from all IPD

JANUARY NIL 1049 85 38 451

FEBRUARY NIL 825 45 30 254

MARCH NIL 1037 143 43 607

APRIL NIL 1203 207 29 583

MAY NIL 1413 173 39 556


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JUNE NIL 1520 101 32 401

JULY NIL 1400 101 24 254

AUGUST NIL 1423 172 23 275

SEPTEMBER NIL 1300 295 26 897

OCTOBER NIL 1749 295 39 519

NOVEMBER NIL 1133 205 27 320

DECEMBER NIL 1165 111 8 437

TOTAL NIL 15217 1933 358 5554

I would like to thank all volunteer lawyers and the sub-committee members for their support.


PUNITHA A/P MARIAPPANChairpersonLegal Aid Sub-Committee 2015/16


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CONTINUING pROFESSIONAL DEVELOpMENTSUB-COMMITTEE REpORT

Santhi a/p BalachandranChairperson

The CPD Sub-Committee has successfully organized 19 events related to Professional Development Courses/Seminars between the months of April 2015 and January 2016. It has been quite a challenging year. On the whole, the overall response had been moderate. However, we note that there has been a decline in participation of younger members and chambering students this year. There were also several seminars that had to be cancelled due to poor response.

We had successfully organized the following talks/seminars for Year 2015/2016:

TALKS/SEMINARS

1. SEMINAR ON FAMILY LAW held at Johore Bar Auditorium, Johor Bahru.

Date : 9th April 2015 Speaker : Ms. Pushpa Ratnam No. of participants : 32 persons CPD Code : T3/09042015/RTS/JHB152153/6 2. SEMINAR FOR LAWYERS ON MANAGING OFFICE AND

CLIENTS’ ACCOUNTS held at Johore Bar Auditorium, Johor Bahru.

Date : 8th May 2015 Speaker : Mr. Lim Kien Chai @ KC No. of participants : 98 persons CPD Code : T3/08052015/JHB/JHB152252/2

3. TALK ON PROCEDURES IN INDUSTRIAL COURT held at Johore Bar Auditorium, Johor Bahru.

Date : 12th May 2015 Speaker : Tuan Roslan bin Mat Nor No. of participants : 31 persons CPD Code : T3/12052015/JHB/JHB152253/2

DeputyPn. Shahareen Begum binti Abdul Subhan

MembersFadhil Ihsan bin Mohamad HassanPn. Napisah binti Narikkodan MammooMs. Gun Huei Shin


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4. SEMINAR ON TECHNOLOGY FOR LAW FIRMS: REVISED TO COVER GST ACCOUNTING held at Hotel Pelangi, Muar, Johor.

Date : 27th May 2015 Speaker : Mr. Ng Sheau Feng No. of participants : 56 persons CPD Code : T3/27052015/JHB/JHB152289/2

5. SEMINAR ON TECHNOLOGY FOR LAW FIRMS: REVISED TO COVER GST ACCOUNTING held at Johore Bar Auditorium, Johor Bahru.

Date : 28th May 2015 Speaker : Mr. Ng Sheau Feng No. of participants : 92 persons CPD Code : T3/28052015/JHB/JHB152290/2

6. SEMINAR ON MILESTONE CASES IN MALAYSIAN LAND LAW held at Johore Bar Auditorium, Johor Bahru.

Date : 11th June 2015 Speaker : Mr. Sudharsanan Thillainathan No. of participants : 94 persons CPD Code : T3/11062015/JHB/JHB152308/2

7. ADVOCACY TRAINING COURSE JOINTLY ORGANISED WITH BAR COUNCIL ADVOCACY TRAININGCOMMITTEEheldatJohorBahruCourtComplex.

Date : 12th & 13th June 2015 Trainers : Pn. Shahareen Begum, Mr. Sudharsanan Thillainathan, Mr. Ooi Huey Miin, Mr. Jaspal Singh No. of participants : 11 persons CPD Code : T3/1213062015/ATC3/JH152233/12

8. SEMINAR FOR LAWYERS ON MANAGING OFFICE AND CLIENTS’ ACCOUNTS held at Hotel Pelangi, Muar, Johor.

Date : 13th August 2015 Speaker : Mr. Lim Kien Chai @ KC No. of participants : 27 persons CPD Code : T3/13082015/JHB/JHB153023/2

9. WORKSHOP ON E-PAYMENT JOINTLY ORGANIZED WITH BAR COUNCIL CPD DEPARTMENT held at Abdullah A. Rahman Auditorium, Johore Bar Building.

Date : 14th August 2015 Speakers : En. Mohd Razali (Associate Director for Transaction Banking Malaysia)

from CIMB Bank, En. Meor Shahrul, Mr. Shashitaran and En. Mohamad Faiz from LHDN Malaysia, En. Mohd Yusof bin Wahid

and En. Mohd Fuad bin Abdollah from Federal Court of Malaysia No. of participants : 49 persons CPD Code : T3/14082015/BC/JHB152346/2


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10. PROFESSIONAL STANDARDS COURSE (Ethics Lecture Programme) held at Abdullah A. Rahman Auditorium, Johore Bar Building and followed by Dinner with the Johor Bahru High Court Judges at Berjaya Waterfront Hotel, Johor Bahru.

Date : 18th & 19th August 2015 Speakers : Mr. S Balarajah, Mr. Edwin James, Ms. Tay Bee Choo, Mr. K Mohan, Mr. R Jayabalan, Mr. S Gunasegaran, Pn. Shahareen Begum binti Abdul Subhan (Guest Speaker) No. of participants : 36 pupils

11. ROADSHOW ON CONVEYANCING, CIVIL LITIGATION AND TECHNOLOGY JOINTLY ORGANISED WITH BAR COUNCIL CPD DEPARTMENT held at Abdullah A. Rahman Auditorium, Johore Bar Building.

Date : 27th August 2015 Speaker : Ms. Karen Cheah No. of participants : 71 persons CPD Code : T3/27082015/BC/BC153041/6

12. SEMINAR ON COMMON GST ISSUES FOR LEGAL PRACTITIONERS held at Abdullah A. Rahman Auditorium, Johore Bar Building.

Date : 16th October 2015 Speaker : Dr. Benjamin Poh Chee Seng No. of participants : 67 persons CPD Code : T3/161015/JHB/JHB152396/2

13. SEMINAR ON COMMON GST ISSUES FOR LEGAL PRACTITIONERS held at Muar Traders Hotel, Muar Johor.

Date : 29th October 2015 Speaker : Dr. Benjamin Poh Chee Seng No. of participants : 37 persons CPD Code : T3/29102015/JHB/JHB152402/2

14. SEMINAR ON LEGAL DOCUMENTATION FOR ISLAMIC FINANCING: SALE-BASED STRUCTURES (PART 1) held at Abdullah A. Rahman Auditorium, Johore Bar Building.

Date : 5th November 2015 Speaker : En. Megat Hizaini Hassan No. of participants : 90 persons CPD Code : T3/05112015/JHB/JHB152422/2

15. SEMINAR ON HIBAH AND ISLAMIC WILLS held at Abdullah A. Rahman Auditorium, Johore Bar Building.

Date : 26th November 2015 Speaker : En. Amir Bahari No. of participants : 33 persons CPD Code : T3/26112015/JHB/JHB152440/4


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16. SEMINAR ON LATEST AMENDMENTS TO LAWS ON HOUSING DEVELOPMENT AND MAINTENANCE AND MANAGEMENT OF BUILDINGS AND COMMON PROPERTY held at Berjaya Waterfront Hotel, Johor Bahru.

Date : 9th December 2015 Speaker : Mr. Andrew Wong No. of participants : 173 participants CPD Code : T3/09122015/JHB/JHB152447/3

17. SEMINAR ON THE FUNDAMENTALS OF CROSS-EXAMINATION IN CIVIL AND COMMERCIAL TRIALS held at Muar Traders Hotel, Muar, Johor.

Date : 10th December 2015 Speaker : Mr. Brendan Navin Siva No. of participants : 18 persons CPD Code : T3/10122015/JHB/JHB152448/1 (1 CPD point)

18. PROFESSIONAL STANDARDS COURSE (Ethics Lecture Programme) held at Abdullah A. Rahman Auditorium, Johore Bar Building and followed by Dinner with the Johor Bahru High Court Judges at KSL Hotel & Resort, Johor Bahru.

Date : 19th January 2016 Speakers : Mr. S Balarajah, Mr. Edwin James, Ms. Tay Bee Choo, Mr. K Mohan, Mr. R Jayabalan, Mr. Kuna Nadasen, Mr. S Gunasegaran (Guest Speaker) No. of participants : 49 pupils

19. SEMINAR ON INTRODUCTION TO ISLAMIC FINANCE (PART 2) – jointly organized with Bar Council and held at Abdullah A. Rahman Auditorium, Johore Bar Building.

Date : 21st January 2016 Speakers : Mr. Jal Othman, Prof. Dato’ Haji Mohamed Ismail Mohamed Shariff and En. Megat Hizaini CPD Code : T3/21012016/BC/JHB164027/5 (5 CPD points)

Firstly,Iwouldliketoexpressmygreatestappreciationtothemanyspeakerswhovolunteeredtheirtime to contribute to the success of the events held last year. I would also like to applaud the speakers for their willingness to share their knowledge with the participants at the trainings and seminars.

AspecialthankstoourJohoreBarSecretariatStaffSitiNorhafizah,Cicelia,ShuhaimiandNurhudaand our Northern region staff Rosita who have done an amazing job and appreciate their persistent efforts to get the members to attend the seminars.

To the members, I would like to urge them to continue to develop their skills and knowledge by attending the seminars/trainings. We urge the Masters to encourage their chambering student to support our events. We will like to see the young members show more interest and participate in the training/seminars to be held. To quote, Albert Einstein, a famous Physicist & Nobel Laureate: “Learning is not a product of schooling but the lifelong attempt to acquire it.”


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We look forward to receive feedback and comments from members to enable us to organize a better, productive seminar and legal training. We also look forward to better support and participation from members.

Lastlybut not least, I extendmysinceregratitude to theChairmanand the committeemembers,the sub-committee members, the secretariat of the Johore Bar, Bar Council CPD Department, Bar Council PII Committee, National Legal Aid Committee and all other person who directly or indirectly assisted me in organizing the training and seminars.


SANTHI A/P BALACHANDRANChairpersonContinuing Professional DevelopmentSub-Committee 2015/16


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pUBLICATIONS & INFORMATION TECHNOLOGY SUB-COMMITTEE REpORT

Fadhil Ihsan bin Mohamad HassanChairperson

This year, the Publication & IT Committee took to task two matters: (a) revamping the Johore Bar website, and (b) to update and digitize the INFO Johore Bar.

I’m happy to say that the revamped JBC website is now fully up and running, with new server capabilities and software. With this upgrade, we are able to run different Web applications and distribute informationmoreefficiently. It ishoped that the futurecommittee will be able to use the website for its events.

As for the INFO Johore Bar, the Committee has redesigned the layout and cover of the newsletter. In line with our agenda to digitise and archive JBC’s publications, issues published from 2009 till todate will be placed online. Members keen on viewing this archive can access it at info.johorebar.org.my using any standard computer, smartphone or laptop. Moving with the times, perhaps future publications of the INFO Johore Bar can be published (in whole or in part) via this medium. This would save on costs and be greener for the environment.

At the time of this writing, only one issue of the INFO has been publishedwhilethenextissueisbeingplanned.

Overall, it has been encouraging to see new contributors for the INFO. It would be nice to see more contributors for the future editions.

We continue to face lack of contribution of material from members for publication and hopefully members will show more interest to the INFO in future.

I would like to express my appreciation to the sub-committeemembers Mr. S. Balarajah, Mr. Chandra Sekran, Mr. P K Yang, Mr. Norman Fernandez, Mr. Khairulazwad and Cik Ainna Sherina. Mythanks toPuanSitiNorhafizah forherhelpanddiligence inorganizing the publication of the INFO.

MembersChandra SekranS. BarajahYang Pei KengNorman FernandezKhairulazwad SarimanAinna Sherina


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FADHIL IHSAN BIN MOHAMAD HASSANChairpersonPublications & Information TechnologySub-Committee 2015/16


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NORTH JOHORE AFFAIRS SUB-COMMITTEE REpORT

Shahareen Begum binti Abdul SubhanChairperson

EVENTS & ACTIVITIES

1. 7th May, 2015

The customary courtesy call on the Honourable Judge of Muar High Court, Datuk Wira Halijah Binti Abbas, had been scheduled for this date. However, Justice Halijah was unwell that day and the courtesy call had to be cancelled.

The Committee Members then proceeded to Muar Traders’ Hotel, Muar for an Informal Hi-Tea Gathering with the members of the State Bar in the northern region, introducing the newly formed Committee and to provide an update on the matters concerning the Johore Bar members in general. The function was held as an informal gathering of members as JBC was informed earlier that Justice Halijah could not attend.

2. 6th June, 2015

The North vs South Johore Bar Games were revived and held at Batu Pahat, Johor; the last time these games were held was sometime in 2007.

The games convened were golf, netball, futsal, badminton and table tennis. While golf, table tennis and badminton were played at the Bukit Banang Golf Club, futsal was played at Parit Imam and netball at Sekolah Rendah Banang Jaya. A chicken rice lunch (with extra chickenon special request)was served at the Club.

After conclusion of the games, the prize giving ceremony was held at Pine Tree Hotel, where Hi-Tea was served. The functionwasemceedbypupils,ShafiqandNuraqlily.

MembersCik Firus SaidMs. Sujata LRamesh VasanVisvanathan NairMs. Helen Fong T.Y LimMandave Singh


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As the overall outcome was a tie, the Challenge Trophy was agreed to be housed at the Johore Bar Secretariat and the Muar Bar Room for equal periods.

Congratulations to Mr. Hardip Singh and the Sports Sub-Committee for a job well done!

3. 7th August, 2015

HariRayaAidilfitriwascelebratedatPineTreeHotel,BatuPahat.InadditiontotheHi-Teawitha Hari Raya spread, members brought home-made Raya cookies and cakes; door gifts in pretty little bottles were distributed to guests.

Thedresscodefortheeveningwastraditionaltoreflectthecelebratorynatureofthefunctionand unknown to the guests, “judges” were picking out potential candidates for “Best Dressed Male” and “Best Dressed Female” awards.

Bypopularrequest,ShafiqandNuraqlilyreturnedasemceesfortheevening.Bothinteractedso well with each other, delivering their lines, keeping members in stitches with their “Malam Anugerah” style.

Karaoke was also arranged for members’ enjoyment.

Towards the end of the evening, Ms. Symran Gill and Encik Shafiq (yes, the emcee – hisexpressionwaspriceless)wererespectively“crowned”“BestDressedMale”and“BestDressedFemale”, unanimously too, I might add.

Allinallitwasaneveningoffun,inarelaxedatmosphereandIlookforwardtomoreofsuchevents.

ThiscelebrationwouldnothavebeenpossibleifnotfortheeffortsandideasofSitiNurAfizie,Azlena, Hidayah, Nor Zila and of course, our dearest Puan Rosita! My sincerest thanks to all of you!

4. Dialogue Sessions

A formal request had been made sometime in September 2015, with several verbal follow-ups, foradialoguesessionwithJusticeHalijah.Thedialogueisfixedfor28thJanuary,2016attheMuarCourtComplex,at2.30p.m.

5. Courtesy Call and Welcoming Hi-Tea for Judicial Commissioner Tuan Muhammad Jamil bin Hussin

After serving as Sessions Court Judge in Johor Bahru, Tuan Muhammad Jamil bin Hussin was posted to the High Court Muar as Judicial Commissioner with effect from 03/01/2016.

Tuan Jamil has agreed to the courtesy call but has declined the Hi-Tea.


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Thecourtesycallwasoriginallyfixedforthe28thJanuary2016at2.30p.m.However,inlightofthe recent scheduling of the dialogue session on the same date at the same time, the courtesy call has been rescheduled for 2.00 p.m. that day.

6. Members’ poor response

Organising events and functions proved to be a challenge and as records show, a perennial one.Inadditiontothecircularssentviae-mail,theJohoreBarSecretariatstaffcalleachfirm,persuading members to attend. Invariably, we see the same members, supporting said events and functions.

Despite the trouble taken and the efforts made to organise seminars and social functions as close to home as possible, the response has been abysmal. The last seminar held in Muar - TheFundamentalsofCross-ExaminationinCivilandCommercialTrialson10/12/2015-sawaparticipation of 18 members only.

We sincerely hope that the upcoming year sees a change for the positive with an increase in members’ response to and participation in the events organised.

7. Acknowledgement

My sincerest appreciation to Justice Halijah Abbas and Puan Rajeswari Kannakiah for keeping the doors open to members of the Bar, working with the Bar in maintaining a good rapport between the Bar and the Bench.

As always, my unreserved, unconditional gratitude to the Johore Bar Secretariat staff, in particular Rosita and Siti, without whose efforts (accompanied always with a smile and cheerful disposition) discharging one’s duties as a committee member was made that much easier.

To the committee members of 2015/2016, I am grateful for your support, co-operation and camaraderie. It was my honour and pleasure to have served with all of you.


SHAHAREEN BEGUM BINTI ABDUL SUBHANChairpersonNorth Johor AffairsSub-Committee 2015/16


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SpORTS SUB-COMMITTEE REpORT

Hardip SinghChairperson

The Sports Sub-Committee had a busy year organizing the followingsportingeventsforthebenefitofmembersandtofostercloser ties between North and South Johore Bar members, Courts, Police and Singapore Law Society.

1. North vs South Johore Bar Games (06.06.2015)

The Sub-Committee revived the North vs South Johore Bar Games after lapse of 10 years. The Games took place in Batu Pahat. We wish to make the Games an annual event in order to identify new sporting talents at the Bar.

Five games were played. The score was a tie (2 ½ : 2 ½). The Games was followed by prize giving ceremony and hi-tea at Pine Tree Hotel Batu Pahat.

2. Interstate Bar Games (01.08.2015)

The Sports Sub-Committee also participated in the Interstate Bar Games on 01.08.2015 held in Ipoh, Perak. We took part in 4 events (Golf, Basketball, Netball and Soccer).

3. 9th Johore Bar Futsal Tournament 2015 (22.08.2015)

The ever popular JBC futsal tournament was held on 22.08.2015 at CT Café & Sports Arena, City Plaza Johor Bahru.

Nine (9) teams took part and the Courts team again emerged as Champions.

4. Johore Bar vs Mahkamah Johor Games (Bench & Bar Games (BBC) 2015 (23.10.2015 – 24.10.2015)

The Johore Bar vs Mahkamah Games was held under the bannerof theBBCClub.Thiswasthefirstprogramunderthe BBC Club.

Nine games were played. Johore Bar won 6 ½ points and emerged as the overall winner and took the challenge trophy (Dato’ Hj. Abdul Halim bin Aman Trophy).

DeputyMathews George


Members Mohd Rasheed bin HassanNg Nam ChaiZulkiflibinMohdNorJohn FernandezS. KandasamyMs. Loh Chooi FongRichard TanLiew Hong YiSamsuddin bin SudirmanMohd Tarmeze bin Mohd Taib


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5. 10th Johore Bar – vs – Singapore Law Society Games 2015 (28.11.2015)

The 10th Annual Johore Bar vs Singapore Law Society Games was held on 28.11.2015 in Singapore. The Law Society hosted the Games followed by a closing dinner for the players.

A total of four (4) events were played and Singapore Law Society once again was victorious despite Johore Bar putting up a strong challenge.

Due to poor response from members for the Games perhaps a re-consideration is necessary to see whether we should continue with this Games or replace it with games with our neighbouring states like Melaka, Negeri Sembilan and Pahang.

6. 44th Bench & Bar (BBC) – vs - Police Games 2015 (04.12.2015 – 11.12.2015)

The 44th Bench & Bar (BBC) vs Police Games was hosted this time by Johore Bar. The opening ceremonywasheldatJohorCricketCouncil(JCC)MutiaraRini jointlyofficiatedbyYangArifDato’MohdSofianBinTanSriAbdRazakandCPODato’WanAhmadNajmuddinBinMohd.This year the BBC club won the main event, the cricket match, and collected our 1st winning point.HoweverdespiteBBCputtingupastrongchallengeandourplayersfightingtoothandnail, themuchbiggerandfitterPolice teamemergedonceagainasoverallchampions.TheCommittee had targeted to win the Games this year. However that was not to be. The BBC did however manage to narrow the winning gap to 4 ½ : 7 ½ and with younger talents and evergreen sportsmen and sportswomen the BBC may emerge winner in years to come.

I wish to thank all members for their effort and support in ensuring the success of all the sporting events. Thank you also to the generous sponsors from the Bar for your contribution in meeting the costs.

A special thanks to the conveners who spent a lot of time and effort to scout and recruit new participants from amongst the younger members of the Bar. The Sub-Committee noted a slight increase in the participation of young members for this year’s activities. Also a special word of thanks goes to my Deputy Mr. Mathews George, my dedicated Secretary Ms. Thilagavathy Rama Loo and the Johore Bar Secretariat staffs for assisting me in organizing the games.

The Sub-Committee hopes that members of the Johore Bar, especially the younger members will show more interest in sporting events by participating, or even better, organizing or convening our sporting events in future.


HARDIP SINGHChairpersonSports Sub-Committee 2015/16


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HUMAN RIGHTS SUB-COMMITTEE REpORT

Mathews GeorgeChairperson

The Human Rights Sub Committee organized the following events in 2015:

(i) PUBLIC FORUM ON “PREVENTION OF TERRORISM ACT 2015 (REVIVAL of ISA?); AND AMENDMENTS TO SEDITION ACT 1948”. This forum was jointly organized with the Bar Council on 15 June 2015 and held at Tropical Inn Johor Bahru. It was attended by 70 participants. The speakers at the forum were Mr. Steven Thiru, President of the Malaysian Bar, Dato’ Yeo Yang Poh and Mr. Syahredzan Johan. The Johore Bar Chairman Mr. R Jayabalan was the moderator at the forum.

This forum was part of the Bar Council’s nationwide campaign to uphold the rule of law and the independence of the Judiciary and to address the Bar’s concerns on POTA and the amendments to the Sedition Act 1948, which are a gross violation of the rule of law and the constitutional safeguards enshrined in the Federal Constitution.

(ii) PUBLIC FORUM ON “PREVENTION OF TERRORISM ACT 2015 (REVIVAL of ISA?); AND AMENDMENTS TO SEDITION ACT 1948”. This forum was held on 24 August 2015 at PineTree Hotel, Batu Pahat, Johor and attended by 30 participants. The speakers were Mr. Syahredzan Johan, Mr. Ravi Nekoo and Mr. Richard Wee.

(iii) PUBLIC FORUM ON PROMOTING GREATER POLICE ACCOUNTABILITY IN MALAYSIA. This forum was jointly organized with the Bar Council on 9 September 2015 and held at Tropical Inn Johor Bahru. It was attended by about 30 participants. The speakers were Puan Leong May Chan, Commissioner, Enforcement Agency Integrity Commission; Mr.SevanDoraisamy,ExecutiveDirector,SUARAMand


MembersYang Pei KengChew Pong HimNorman FernandezJohn FernandezGeorge JohnS. Kandasamy


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Dato’ Yeo Yang Poh. The opening remarks were given by Mr. George Varughese, Vice President of the Malaysian Bar and the moderator was Cik Firdaus Husni.

The Bar Council has renewed its call to the Malaysian Government to establish an Independent Police Complaints and Misconduct Commission (“IPCMC”), as was recommended by the Royal Commission to enhance the Operation and Management of the Royal Malaysian Police in its report published in May 2005. The purpose of this forum was to look into the cases involving police shooting and deaths in police custody in Malaysia, measures taken – or lack thereof - by the Enforcement Agency Integrity Commission (“EAIC”) in addressing the situation; and the resulting need to set up IPCMC.

(iv) The Human Rights Sub Committee also assisted the Bar Council in representing activist Khalid Ismath who was charged with 14 charges under the Sedition Act and Multi-Media Act and was denied bail at the Sessions Court. The Sub-Committee and the Bar Council was involved in the bail application proceedings at the High Court. Bar Council had put up a team to act for Khalid Ismathtoobtainbailbywayofacriminalrevision.ItwasheardbeforeYADato’MohdSofianbinTan Sri Abd Razak on 29-10-2015. En. Zahar and Mr. Roger Chan appeared as lead counsel. Mr.MathewsGeorgeappearedaspartofthedefenceteam.YADato’MohdSofianbinTanSriAbd Razak ordered interim bail of RM5000.00 per charge with other conditions.

(v) The Human Rights Sub-Committee is also currently assisting the Bar Council in holding a watching brief in the case of DPP vs Hassan Karim, a member of the Johore Bar, who is being charged under S.4(1) Sedition Act 1948. Sub Committee member Ms. Thilaga is holding the watching brief for Bar Council.

APPRECIATION

IalsowishtoexpressmysincereappreciationtomycommitteemembersinparticularMs.ThilagavathyRama Loo and the secretariat staffs for assisting me in respect of the above activities.


MATHEWS GEORGEChairpersonHuman RightsSub-Committee 2015/16


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SOCIAL, CHARITY & WELFARESUB-COMMITTEE REpORT

Gun Huei ShinChairperson

The Social Charity and Welfare Committee (“SCWC”) met once during the period under review and conducted its discussions mostly through emails and mobile instant messaging platforms.

This term, SCWC was pleased to welcome a new Judicial Commissioner, YA Tuan Mohd Nazlan bin Mohd Ghazali, who came to serve at the Johor Bahru High Court upon his appointment. A welcoming hi-tea was organized at the Bluewave Hotel on 16th June 2015 in his honour.

Incidentally,thenextsocialfunctionon29thDecember2015wasalso in honour of YA Tuan Mohd Nazlan. Members of the Johore Bar had gathered at the Grand Paragon to bid farewell to YA Tuan Mohd Nazlan on his transfer to the Kuala Lumpur High Court after only 8 months’ posting at Johor Bahru.

SCWC is also in the midst of organizing the Annual Dinner & Dance 2015/16 which will be held on 20th February 2016 at KSL Hotel & Resort, Johor Bahru. The event will be emceed by Alfred George Pillay, a multi-talented artiste – a singer, a voice talent, and a stand-up comedian. SCWC is working hard to ensure that thedinnerwouldbeamemorableonefilledwithfun,entertainmentand good food. Hopefully the dinner will be an opportunity for members to reconnect with fellow learned friends. So do give us your support to this event.

The level of participation amongst members for our social functions isworrying.Wefinditincreasinglydifficulttogetmemberstoattendourevents.Itisverydifficulttogeteven40members(outof1,800members) to attend a function for judges. Members appear to be not interested. Many ideas for social events had to be shelved due to uncertainty in members’ response. SCWC hopes that members couldunderstandourdifficultyandgiveusmoresupport.

DeputyFadhil Ihsan

MembersNg Kai ChoyMs. Wee Phei YinnCik Izzati Maria Ms. Phang Ja MienCik Aimi SyarizadCik Amirah HamizahRafiqAkmal


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Lastly, I wish to convey my gratitude to members of SCWC and Johore Bar Secretariat and fellow members who contributed in one way or another to the committee’s task. I would encourage fellow members of the Bar to join Johore Bar Committees/Sub-Committees for Johore Bar to thrive and move forward with fresh ideas.


GUN HUEI SHINChairpersonSocial, Charity and WelfareSub-Committee 2015/16


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YOUNG LAWYERS AND CHAMBERING pUpILSSUB-COMMITTEE REpORT

Ng Kai ChoyChairperson

Formula JBC 2015

After a year of hiatus, once again Johore Bar Young Lawyers & Chambering Pupils Sub Committee brought back the Vroom action. The Go-Kart event was held on 21/11/2015 at Plentong Karting Track.

6 members of the Johore Bar joined the 1 hour thrill and Mr. Burton Tan emerged as the winner.

Laser Battle

Laser battle @ City Square Johor Bahru - coming soon at end of January 2016.

Johore Bar Fun Run

3 – 5km fun run / walk at Taman Merdeka - coming soon around mid of February 2016.


NG KAI CHOYChairpersonYoung Lawyers and Chambering PupilsSub-Committee 2015/16

DeputyMs. Gun Huei Shin

MembersFadhil Ihsan Ms. Wee Phei YinnCik Izzati MariaAhmad Solehin Bin Abd GhaniCik Farina Binti Mohamad Yahya


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SHARIAH SUB-COMMITTEE REpORT

Fadhil Ihsan Bin Mohamad HassanChairperson

When I was asked to head the Shariah Sub-Committee, I was both honored and ecstatic to be heading it. The Johore Bar has about 43 Shariah Practitioners out of the total 206 Shariah Practitioners whom are not members of the Bar, in Johor. Currently, Shariah Practitioners have the Persatuan Peguam Syarie Johor (“PPSJ”), to address the issues faced by Shariah lawyers. With such mechanism already in place, our Sub-Committee is left with educating the non-Syariah lawyers (and the general public) on Shariah Law.

I’m happy to state that our members have been helpful in attending, giving talks and courses to educate us non Shariah lawyers on mattersrelatingtoIslamicFinanceandConflictofLaws.Thisyearthe committee hosted Seminar on Hibah and Islamic Wills held on 26 November 2015.

WiththeexistenceofthePPSJ,theSub-Committeerespectfullytakes the position that the Shariah Practice (and its practitioners) arealready takencareofespecially so in lightof theexclusivejurisdiction of the two practices. Perhaps a rethink on the purpose and direction of this committee would be appropriate.


FADHIL IHSAN BIN MOHAMAD HASSANChairpersonShariah Sub-Committee 2015/16

MembersZul Azam bin Md DahlanKhairulazwad bin SarimanImran bin Ismail


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JOHORE BARREpRESENTATIVE’S REpORT

S. Gunasegaran

Introduction

Another year has passed swiftly and I am pleased to give you a report on my work as your Bar Representative and on the issues and activities that kept the Bar Council occupied during the preceeding year.

Involvement in the Johore State Bar

I accepted the invitation of the Johore Bar Committee to attend its monthly meetings.

The Bar Committee was kept informed of the important issues discussed and decisions made at the Bar Council.

I also took up issues and concerns raised at meetings of the Johore Bar Committee and by members of the Johore Bar with the Bar Council.

Attendance and participation at Bar Council Meetings

As the Bar Representative I attended most of the monthly meetings and special meetings of the Bar Council held in Kuala Lumpur where problems and issues faced by members in their practice were discussed. Matters and issues that were of concern to members of the Johore Bar were raised by both the Chairman and myself.

Although I participated actively in all the discussions, my special interest and focus was on the bread and butter issues faced by members.

I also served as the Chairman of the Bar Council’s Ad Hoc Committee on Contingency Fee Rules for Personal Injury Claims for the second year in running and as a member of the Small Firms Committee.

I am pleased to highlight some of the important things that took place during the preceeding year.


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1. Ad Hoc Committee on Conditional Fee Rules in Personal Injury Claims

In my report to you last year, I gave a fairly detailed account of the history and current status of the proposed Conditional Fee Rules in Personal Injury Claims.

After years of deliberations and undergoing several revisions, the Legal Profession (Conditional Fee) Rules 2014 drafted by the Ad Hoc Committee were adopted by the Bar Council on 17th January 2015 with the proviso that the Rules shall apply only to road and industrial accidents and submitted to the Attorney General’s Chambers for consideration. A meeting of stakeholders such as the Bar Council, Bank Negara Malaysia, Persatuan Insuran Am Malaysia and Takaful Insurans was held on 30th January 2015 to consider the said Rules. Taking the feedback and comments from the stakeholders, the Rules were further tweeted by the Ad Hoc Committee.

The revised Rules were adopted by the Bar Council and resubmitted to the AGC for further action.

The main features of the Rules are as follows:(1) The Rules are apply only to claims arising from road and industrial accidents.(2) The conditional fee arrangement is not mandatory but an option available to clients.(3) Parties have the option to opt out of the conditional fee arrangement at any time.(4) The Solicitor is entitled to be paid the following charges:

(a) A retainer fee of RM 500.00;(b) In the event of success, Solicitor-Client cost which is capped at 20% of the damages

awarded;(c) Partyandpartycostsfixedat10%ofthedamagesawarded;and(d) Actualdisbursementsincurredasspecifiedintheschedule.

(5) Thescalefeeisthemaximumthatispermissiblebutpartiesareatlibertytocontractbelowthemaximumscale.

(6) There shall be a Retainer in writing in prescribed form specifying the terms and conditions.

2. TPBID, NWCC and Revised Compendium on Personal Injury Awards

The Nationwide Call Centre (NWCC) set up under the Bank Negara Malaysia’s Third Party Bodily Injury and Death (TPBID) set up to provide basic information to victims of road accidents is in operation.

The Compendium on Personal Injury Awards revised by the Bar Council Task Force and accepted by the Judiciary has been in force since 17th September 2014.

3. Legal Profession Conditional Fee Rules 2012 (Other Practice Areas)

The Bar Council is also considering a preliminary proposal to introduce Conditional Fee arrangement forotherpracticeareas (except forFamilyLawandCriminalLaw), similar to theConditionalFeeRules for accident cases. The draft rules prepared by an ad hoc committee will be referred for a legal opinion before proceeding further.


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4. Group Practice Rules

The purpose of the Legal Profession (Group Practice) Rules 2013 drafted by the Small Firms CommitteealongthelinessimilarrulesinSingaporeistogivememberstheflexibilityofasmallfirmpractice while at the same time enabling them to share their resources to compete with the larger firms.ThefundamentalfeaturesofthesaidRulesareasfollows:(1) TheRulesallowtwoormoresmallfirmstopooltheirresourcesundera“GroupPractice”and

come together in mutual co-operation with one another without becoming partners.(2) The resources that may be shared include inter alia, the premises, Group Practice Manager,

support staff and facilities such as library, coffee/tea making and cleaning.(3) Afirminagrouppracticemaywiththeconsentoftheclientinstructanotherfirmwithinthegroup

practice to undertake any work entrusted by the client.(4) Anyfirmwithinthegrouppracticemayactinamatterwhereanotherfirmwithingrouppracticeis

acting for the opposite party in the same matter, subject to the consent of the client and the rules ofconfidentiality.

(5) An Advocate and Solicitor of a firm within the group practice who is a Notary Public orCommissioner for Oaths, may attest to any document requiring attestation for a client from anotherfirmwithinthesamegrouppractice.

(6) AGroupPracticeisnotaseparatelegalentityandthereforeeachfirmwithinthegrouppracticeshall be liable for its own debts and legal liabilities arising in the course of practice.

The Bar Council also considered and made the following decisions during the year under review: (a) Theindividualfirmswithinthegrouppracticewillretaintheirseparatefirmname.(b) The group practice will be allowed to have a group name for purposes of identity, branding and

marketing.(c) Thesizeofthegrouppracticeshallbeconfinedto25lawyers.(d) Onlylawfirmswithnobrancheswillbeeligibletojoinagrouppractice.(e) The group practice may not set up a branch.

TheRuleswillbefinetunedandforwardedtotheAGCforconsideration.

5. Continuing Professional Development (‘CPD’)

The Bar Council’s continuous efforts over the past several years to introduce a Continuing Professional Developmentprogramtoenhancethelegallearning,skillsandexpertiseofourmembersthatwouldenable them to provide better professional service to the public received a boost when at the 66th AGM of the Malaysian Bar on 10th March 2012 members passed a resolution to implement a voluntary schemepilotforaperiodoftwoyears,andattheexpiryofwhichtoconsideracceptanceofamandatoryCPD program.

However, the Bar Council’s effort suffered a setback when after a successful two-year run of the voluntary CPD Scheme, the resolution to make it mandatory was defeated at the 68th AGM of the Malaysian Bar on 15th March 2014.

The voluntary scheme of CPD continued during the last two years during which the Bar Council considered the future direction of the scheme and laid the groundwork that is necessary to promote and gain support for the CPD scheme.


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The Bar Council proposes to table a resolution at the coming AGM of the Malaysian Bar on 19th March 2016 to introduce a Mandatory CPD Scheme for members for a 24-month cycle w.e.f. 1st July 2016,butonaprogressiveorgraduatedscale,startingwithmemberswhowereissuedwiththeirfirstPractisingCertificateonorafter1stJuly2011(“thenewentrantsintotheprofession”).TheMandatoryCPD Scheme may take effect on other members of the Bar (either in totality or for a selected group), as may be decided by the House at the AGM in 2019.

6. Lembaga Pembiayaan Perumahan Sektor Awam (“LPPSA”)

The LPSSA recently issued a new set of guidelines for legal practitioners to be eligible to handle government housing loans, purportedly to raise the standard of work in that sector.

Among the criteria or requirements imposed are the following:(a) ThefirmofSolicitorsmustberegisteredwiththeBarCouncil,AASorSLA.(b) Thefirmmustbeapartnership.(c) ThefirmmusthaveatleastoneBumiputerapartner.(d) Thefirmmustbeatleast7yearsold.(e) At least one of the partners must be in practice for more than 10 years.(f) Thefirmmusthaveatleast5members.(g) ThefirmmusthavePIIworthaminimumofMYR2million.(h) The firm has been appointed as legal counsel by at least 2 licensed financial institutions

(banks).

The Bar Council considers the said guidelines to be unreasonable and discriminatory as they would havetheeffectofeliminatingmostofthesmallandmediumsizedfirmsinthecountry,whichconstituteapproximately85%ofthelawfirmsinthecountry.

TheBarCouncilatameetingwithLPPSAon22/12/2015expresseditsconcernsandreservations,but as the result was not very satisfactory, the issue will now be pursued with the Finance Ministry at the Ministerial level.

7. Proposed Malaysian Bar Self-Insured Fund (“SIF”) Scheme

Pursuant to a motion passed at the 63rd AGM of the Malaysian Bar on 14 March 2009 to set up, maintain and operate a Malaysian Bar Self-Insured Fund (“SIF”) Scheme to replace the current Professional Indemnity Insurance Scheme, the PII Committee has recently submitted a proposal to the Bar Council to:(a) resume discussion with the Attorney General’s Chambers and Bank Negara Malaysia on the

implementation of the SIF Scheme for the Bar;(b) provide direction to the PII Committee on how monies in the PI Fund be invested and to appoint

a responsible fund manager who would be required to operate upon tightly controlled criteria; and

(c) approve the purchase of IT systems to store and manage database of historical claims (approximatelyMYR600,000.00).

The proposal is being considered by the Bar Council.


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8. Proposed Solicitors’ Remuneration (Amendment) Order 2016

In view of the widespread breach of the No Discount Rule which has been in place for a while in conveyancing transactions and the difficulty in tracking and nabbing defaulters, the Bar Councilproposes to make the Solicitors’ Remuneration (Amendment) Order 2016 to amend Order 6 of the PrincipalAct,wherebySolicitorsmay give a discount of up to 25%on fees specified in theFirstandThirdSchedules, (but not in respect of fees specified in theSecond, Fourth, Fifth andSixthSchedules).

9. Bar Council Ruling on providing email address

On 5th December 2015 the Bar Council had approved a Ruling requiring members of the Malaysian Bar to provide the Bar Council with an electronic mail (e-mail) address for the purpose of receiving notificationsfromtheBarCouncilorStateBarCommittee.

10. Building cannot be have the name of the Firm of an Advocate and Solicitor

The Bar Council has ruled that an Advocate and Solicitor shall not use, permit or acquiesce in the name of his Firm or part of the name of his Firm to be used as the name of a building.

11. Prevention of Terrorism Act 2015 (POTA) and Amendments to the Sedition Act 1948

The campaign against the Prevention of Terrorism Act 2015 and the amendments to the Sedition Act 1948 continued with various steps and action, such as the organization of public forums in all the states to create public awareness about the said draconian and oppressive laws.

12. National Security Council (NSC) Bill 2015

The Bar Council took a strong stand against the National Security Council Bill 2015 (which was eventually passed by both Houses of Parliament), which, inter alia, provides for:(a) the nation’s security forces to arrest and if warranted, to shoot and kill any person whom they feel

is a terrorist;(b) an inquest to be held at the discretion of the Magistrate and is not mandatory for every “shoot

and kill incident”;(c) undue concentration of powers in the Prime Minister’s hands;(d) theNationalSecurityCounciltoexerciseovergovernmententitiessuchasBNM,MACCandthe

Securities Commission without having to declare the said entities as security areas;(e) the Director of Operations and the Security Forces to arrest and seize property and shoot almost

with impunity; and(f) thePrimeMinister toexercisepowersakin to theEmergencypowersof theYangDipertuan

Agong under the Federal Constitution, but without the need for a Proclamation by the Agong.


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13. Malaysian Bar EGM on 12th September 2015

Arisingfromwidespreadallegationsofseriousfinancialimproprietyconcerning1MalaysiaDevelopmentBerhad (1MDB), a company wholly-owned by the Government of Malaysia and its related companies, thetransferofMYR2.6billionandtheflowofMYR42millionintothePrimeMinister’spersonalbankaccounts, and the perceived interference with investigations into the said allegations, the Bar Council calledforanExtraordinaryGeneralMeetingoftheMalaysianBaron12thSeptember2015.

After a robust discussion, the meeting passed various resolutions:(a) condemning the interference with the investigation into the transfer of MYR 2.6 billion and

the flowofMYR42million fromSRC into thePrimeMinister’s personal bankaccounts; theabrupt removal of Tan Sri Gani Patail as the Attorney General; the harassment, intimidation andoppressionofinvestigatingofficersorpersonneloftheAGC,MACC,BNMandtheSpecialBranch of the PDRM; and the crippling of the PAC;

(b) calling for the setting up of a Royal Commission of Inquiry to inquire into and investigate the said allegations; and

(c) mandating the Bar Council to take whatever other action deemed appropriate.

14. Meeting between the Bar Council and the Chief Justice on 30th November 2015

A meeting held between the Bar Council and the Judiciary on 30th November 2015 and attended bytheCJ,PCAandCJMandothertopofficersoftheJudiciary,discussed,interalia,thefollowingissues:

(a) Delay in extraction of documents

If there is more than 7 days delay involving Court of Appeal matters and more than 14 days delay involving High Court matters, members may email the respective Registrar for assistance.

(b) Case Management

The CJ said that the Judiciary is considering having Judges to conduct case management instead of Registrars. Starting January 2016, case management for leave applications will be conducted by Judges.

(c) E-filing

The Judiciary is moving to Phase 2 of the E-court soon. It will cover civil and criminal trials and e bidding and enhance performance whereby 4,000 users will be able to do e-filingatthsametimecomparedto300presently.

(d) Need for Court of Appeal and Federal Court to provide grounds of judgment

The PCA said that in view of the fact that Judges were struggling to prepare grounds of judgment for cases going on appeal to the Federal Court, he would ask them to at least give brief reasons to satisfy the parties if they cannot write the complete grounds of judgment.


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(e) Dealing with Family Law cases in Johor Bahru

In response to the request to set up a specialised Family Court in Johor Bahru to deal with the increase in the number of such cases, and the fact that the current Judge was also covering the Muar High Court for two weeks every month, the CJM said that he would try to get more Judges to do family law matters.

(f) Lack of Chinese interpreters in Johor Bahru

Johor Bahru currently has 3 Chinese interpreters in the High Court and Sessions Court and2ChineseinterpretersintheMagistrate’sCourt.Thisisinsufficient.TheRegistrarofthe High Court pointed out that Amalan 2/2014 only places a duty on the courts to provide interpreters for criminal cases but not for civil cases. The CJ however, opined that the courts should hire more interpreters.

(g) One prayer per application in Bankruptcy Matters

The CJ said that the recent implementation of a policy to allow only one prayer per applicationinbankruptcyproceedings,purportedlyontheinstructionoftheofficeoftheCR and presumably for the purpose of generating revenue, cannot be continued as it is not the function of the courts to collect revenue for the government and ought to be retracted.

(h) Proposal for increase in Fees to Assigned Counsel

The Criminal Law Committee’s proposal to increase the fees paid to assigned counsel to increasethepooloflawyersandtoincreaseconfidenceinthesystemhasbeenstudiedbytbeCR’sofficeandforwardedtotheTreasuryforconsideration.

(i) Arahan Amalan 1/2014 The PCA is concerned that some members are still not familiar with Arahan Amalan

1/2014 on Panduan Pemfailan Dokumen dan Prosedur Persidangan Dalam Prosiding Rayuan Sivil di Mahkamah Persekutuan and has requested the Bar Council to remind them to comply with it.

(j) Parties writing directly to the Judiciary The CJ was concerned with the emerging trend in recent years of parties writing complaints

and other letters directly to him even though they are represented by Solicitors. The CJ said that as a matter of policy, where there is a Solicitor on record the Judiciary will not entertain and reply to such private complaints and has requested the Bar Council to remind members to inform their clients not to write directly to the CJ, PCA or CJM.

15. Full recognition accorded to UNISZA Law Degree

TheQualifyingBoardat itsmeetingon5thSeptember2015hasgranted full exemption from theCertificateinLegalPractice(CLP)examinationtothelawdegreecourseofferedbyUniversitySultanZainal Abidin (UNIZA) in Kuala Terengganu.


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16. Common Bar Course

The Bar Council has for quite a while been advocating the implementation of the Common Bar Course for all prospective entrants to the profession and continued with efforts in that direction during the last year.

17. Malaysian Bar Lifetime Achievement Award 2016

The Malaysian Bar Lifetime Achievement Award 2016 will be conferred posthumously on the late Karpal Singh at the coming Annual Dinner and Dance of the Malaysian Bar.

18. International Malaysia Law Conference (IMLC) 2016

The IMLC 2016 will be held from 21 to 23 September 2016 at the Royale Chulan Hotel, Kuala Lumpur. The theme is “Challenges of an ASEAN Community: Rule of Law, Business and Being People-Oriented.”

Reminder:

70TH AGM OF THE MALAYSIAN BAR on Saturday, 19th March 2016 at 10.00 a.m. at Renaissance Hotel, Kuala Lumpur.

ANNUAL DINNER OF THE MALAYSIAN BAR on Saturday, 19th March 2016 at 7.00 p.m. at Palace of the Golden Horses, Kuala Lumpur.

THANK YOU.


S. GunasegaranJohore Bar Representative 2015/16


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JOHORE BAR EVENTS GALLERY 14 February 2015 l Johore Bar Gala Dinner

15 April 2015 l JBC Courtesy Call on the Judges and Judicial Commissioners of the Johor Bahru High Court

8 May 2015 l Seminar for Lawyers on Managing Office and Clients’ Accounts


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JOHORE BAR EVENTS GALLERY 15 June 2015 l Naming Ceremony of the Johore Bar Auditorium as the Abdullah A. Rahman Auditorium

6 June 2015 l North vs South Johore Bar Games 2015


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JOHORE BAR EVENTS GALLERY 15 June 2015 l Public Forum on the Prevention of Terrorism Act 2015 (“POTA”) and the Amendments to the Sedition Act 1948

7 Aug 2015 l Hari Raya Celebrations at Pine Tree Hotel, Batu Pahat, Johor

22 Aug 2015 l 9th Johore Bar Futsal Tournament 2015


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JOHORE BAR EVENTS GALLERY 18 – 19 Aug 2015 l Professional Standards Course Dinner at Berjaya Waterfront Hotel, Johor Bahru

23 – 24 Oct 2015 l Mahkamah vs Peguam Johor - Bar Bench Club ‘BBC’ Games


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4 – 11 Dec 2015 l 44th Bench & Bar vs Police Johor Games 2015

JOHORE BAR EVENTS GALLERY


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JOHORE BAR EVENTS GALLERY 12 Jan 2016 I JBC AUDIENCE BEFORE HIS ROYAL HIGHNESS SULTAN IBRAHIM, SULTAN OF JOHOR

4 – 11 Dec 2015 l 44th Bench & Bar vs Police Johor Games 2015

29 Dec 2015 l Farewell Dinner for Y.A Tuan Mohd Nazlan bin Mohd Ghazali at Grand Paragon Hotel, Johor Bahru


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JOHORE BAR COMMITTEE

STATEMENT OF ACCOUNTS FOR THE YEAR 2015

31ST DECEMBER 2015

K. E. CHEN & ASSOCIATESCHARTERED ACCOUNTANTS

MALAYSIA


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JOHORE BAR COMMITTEE

ACCOUNTS AS AT 31ST DECEMBER 2015

CONTENTS

Pages

STATEMENT BY THE CHAIRMAN AND TREASURER 73

STATUTORY DECLARATION 73

INDEPENDENT AUDITORS’ REPORT 74

BALANCE SHEET 75 - 76

INCOME AND EXPENDITURE ACCOUNTS

• JOHOREBARCOMMITTEE 77-78

• SOCIAL,CHARITY&WELFARESUB-COMMITTEE 79

• NORTHJOHOREAFFAIRSSUB-COMMITTEE 80

• SPORTSSUB-COMMITTEE 81

• CONTINUINGPROFESSIONALDEVELOPMENT

SUB-COMMITTEE 82 - 83

• YOUNGLAWYERS&CHAMBERINGPUPILSSUB-COMMITTEE 84

NOTES TO ACCOUNTS 85 - 94


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STATEMENT BY THE INTERNAL AUDITORS

We, Shyamala Manoharan a/p K Manoharan and Sharimilathevy a/p Santhirasekaranathan being the Internal Auditors of the Johore Bar Committee, do hereby certify that the accompanying Balance Sheet together with the notes attached thereto are properly drawn up so as to give a true andfairviewofthefinancialpositionoftheJohoreBarCommitteeasat31stDecember2015.


Shyamala Manoharan a/p K Monoharan

Sharimilathevy a/p Santhirasekaranathan


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MOTION

WHEREAS vide Section 73(i) of the Legal Profession Act 1976, the Johore Bar Committee is empowered to levy subscription fee for its members and the said subscription fee is payable on or before 30th day of June.

WHEREAS any increase has to be authorised by members at its Annual General Meeting.

WHEREAS the Johore Bar subscription fee currently stands at Ringgit Malaysia Two Hundred Only (RM200.00).

WHEREAS the last increase of the subscription fee that was undertaken by members at the Annual General Meeting was in 2004.

WHEREAS there is a need to increase the said subscription fee, inter alia, for the following reasons:

(a) To absorb the additional costs of servicing the increased membership of the Johore Bar.

(b) To absorb the increased costs of services provided by 3rd parties to the Johore Bar.

(c) To meet the increased operational costs of the Secretariat at Johor Bahru and Muar.

(d) To meet the increased costs of participation of members of the Johore Bar especially the outstation younger members including to subsidize the costs of travelling, accommodation, registration fees for participations in sports events such as the Bar/Bench – vs – Police Games and the Law Society Games and the Interstate Bar Games, and also to subsidize registration fees for younger members at seminars and trainings.

(e) To provide more facilities to members of the Johore Bar including at the three (3) Bar rooms in Johor Bahru and Muar and at the Johore Bar building.

WHEREAS an increase of subscription fee in the sum of RM50.00 is reasonable in all the circumstances.

THE JOHORE BAR HEREBY RESOLVES THAT:-

TheJohoreBarSubscriptionfeefor2016befixedatRM250.00fortheyear2016.

………………………. …………………………….R. JAYABALAN MATHEWS GEORGEPROPOSER SECONDER


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