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Apr–June 2011 www.malaysianbar.org.my
Chronicle of the Malaysian Bar
Raising
the Bar
PLUS
Personal Data Protection
Act 2010
Islamic Wills and Faraid in
Malaysia
UN Working Group on
Arbitrary Detention
Questions Independence of
Malaysian Judiciary
In collaboration with
For Malaysian Bar circulation only
January–March 2011 Contents
PRAXIS Contents
CHRONICLE OF THE MALAYSIAN BAR
President’s Message
Readers’ Comments
Editorial
BAR COUNCIL MALAYSIA
Features/Articles
6 High Time to Have the Common Bar Course
BAR COUNCIL
15 Leboh Pasar Besar
9 Pupillage – In Preparation for a Rewarding Professional Career
50050 Kuala Lumpur
Tel No: 603-2031 3003
14 When Legal Practice Meets Technology
Fax No: 603-2026 1313 / 603-2034 2825 / 603-2072 5818
Email Add: council@malaysianbar.org.my
18 Personal Data Protection Act 2010
Website: http://www.malaysianbar.org.my 24 Outsourcing Agents and their Practices
30 Islamic Wills and Faraid in Malaysia
MEMBERS OF BAR COUNCIL MALAYSIA 2011/2012
32 UN WGAD Questions Independence of Malaysian Judiciary
President: Lim Chee Wee
Vice-President: Christopher Leong 36 Why Written Grounds of Judgment Mandatory
Secretary: Tony Woon Yeow Thong
Treasurer: Steven Thiru
Events
Aaron Abraham | Ahmad Taufiq b Baharum | Amirruddin b Abu Bakar | Anand Ponnudurai
Andrew Khoo Chin Hock | Aziz b Haniff | Brendan Navin Siva | Desmond Ho Chee Cheong
Dipendra Harshad Rai | George Varughese | Gnasegaran s/o Egamparam | S Gunasegaran
40 Opening of Legal Year 2011
Hendon Mohamed | Hon Kai Ping | K Mohan K Kumaran | Kanarasan Ghandinesen 42 2nd AMA Conference
Kuthubul Zaman Bukhari | Low Beng Choo | Mad Diah b Endut | Mukhtar b Abdullah
Murelidaran Navaratnam | Ng Kong Peng | Ragunath Kesavan | Rajpal Singh s/o Mukhtiar Singh 44 Launch of YBGK
Rao Suryana bt Abdul Rahman | Richard Wee Thiam Seng | Sarengapani s/o K Rajoo
Shamsuriah bt Sulaiman | Sulaiman b Abdullah | Syamsuriatina Ishak | Yasmeen bt Hj Mohd Shariff 46 Launch of Praxis Collaboration Agreement
Zainuritha-Alfa bt Datuk Abu Hassan
48 65th AGM of Malaysian Bar
50 Annual Dinner and Dance of Malaysian Bar
EDITORIAL BOARD
52 Final Launch of MyConstitution Campaign
Bar Council
Syamsuriatina Ishak – Editor
LexisNexis
Ivan Yap Min Kee – Contract Publishing Manager
54 Upcoming Events
Azman Thaiyub Khan – Assistant Editor Razlina Razali – Associate Editor
Chua Ai Lin – Senior Officer/Assistant Editor
Anis Taufik – Assistant Officer
Agnes Tan – Design and Production
Lifestyle
Moh Kok Wai – Resident Photographer
Rachel Tan Mei Chien – Marketing & Advertising
Noor Arianti Osman, Fahri Azzat, Aston Paiva,
55 Advertorial – Legal Research Made Easy
David Mathew & Janet Chai – Editing Team 56 Riding with Passion – Farrandy Iskandar
58 Advertorial – Brother
Sports
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Book Review
Praxis is the official publication of Bar Council Malaysia, published quarterly in collaboration
with LexisNexis Malaysia Sdn Bhd, for circulation to Members of the Malaysian Bar. 69 Swimming Lessons for Baby Sharks
Bar Council Malaysia, and its authorised authors and designers of Praxis, accept no liability for
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Statements of contributors, writers or advertisers herein represent their personal 70 Crossword Puzzle
views and do not necessarily reflect the views of Bar Council or the Malaysian Bar.
71 Sudoku & poem 1-Kind-1 Malaysian
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Bar Updates/Notices
of its contents herein, for commercial and/or personal gain, profit or sale.
73 Summary of Circulars
© 2011 All rights reserved.
74 Library Updates — New Books, Legislative Updates
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Ivan Yap - minkeeivan.yap@lexisnexis.com 84 Disciplinary Orders
Rachel Tan - rachel@malaysianbar.org.my
86 Notice Regarding Documents in Bar Council’s Custody
Article contribution:
Bar Council Malaysia welcomes letters, articles, views and news (including photographs) for possible
inclusion in Praxis. However, Bar Council Malaysia reserves the right not to publish or to edit those
Appointments
published for content, clarity, style and space considerations. Contributions and enquiries may be
directed to articles@malaysianbar.org.my.
Apr–June
2011
Photo Credit: All photos are credited to
Circulation: 14,000
Chro
nicle
of th
Resident Photographer, Moh Kok Wai,
unless otherwise specified
e Ma
la ysian
Bar
Raisin
the Ba g
r
PLUS
Person
Act 201 al Data Pro
Cover Model:
0 tection
Islamic
Malays Wills and
ia Faraid
in
UN Wor
Arbitrar king Group
Maliqa Suria Al Malik Faisal
Questio y Detention on
Malays ns Indepen
ian Jud dence
iciary of
Praxis Apr–June 2011 1
President’s Message
Meeting the Challenges
Ahead Together
The Whole is Greater than the
Sum of its Parts
Dear Members, After a few weeks of intensive dialogue, the Chief noble and learned vocation that provides services
I
t is an honour and a privilege for me to Judge of Malaya issued a second Practice Direction of unparallel quality. As stakeholders, each
continue to serve you, as I commence my last week, aimed at “addressing and remedying Member has to play a part in this journey – treat
tenure as President of the Malaysian Bar. An the problems and difficulties faced by lawyers one another as we ourselves want to be treated,
honour, because the Malaysian Bar is held in high and litigants”. Furthermore, the Chief Justice act with due courtesy to the court, fearlessly
regard both at home and abroad, for its resolute has unequivocally stated that “there is currently uphold the interests of client and justice, be up
fearlessness and steadfast determination to right no and there will be no KPI measures based on a to date with legal knowledge, acquire new legal
injustices. A privilege, because of the talented, minimum disposal of cases per day, per week or skills including specialised skills, improve practice
honest and fine individuals who make up the per month as a KPI measure. Instead, judges are management processes, and pursue opportunities
membership of the Bar. assessed on qualitative measures, such as: both domestically and abroad.
I am fortunate to have served in Bar Council under (i) integrity; The Bar Council and Secretariat are deliberating
the able, dedicated and energetic leadership of (ii) impartiality and independence; on steps that we can take to support and help
Yeo Yang Poh, Ambiga Sreenevasan and Ragunath (iii) judicial temperament; Members. Some of the challenges we face
Kesavan. With the support of the Office Bearers (iv) quality of judgments; include: inadequate quality of legal education
and Bar Council, I intend to continue on the (v) exercise of judicial discretion; and professional training; lack of expertise and
course they, and others before them, had charted (vi) work ethic or diligence; and capacity to meet the demands of an evolving and
for the Bar, with particular emphasis on these four (vii) observance of the Judges’ Code of Ethics competitive environment; and lack of exposure to
objects of the Bar described in section 42(1) of the 2009.” hone existing skills and build experience.
Legal Profession Act 1976: I thank the Judiciary for its positive response to the We welcome concrete and constructive feedback,
• “to uphold the cause of justice without grievances raised by the Bar. I must express my and more importantly participation from Members
regard to its own interests or that of its profound appreciation to my fellow Office Bearers so that we can actively shape the future of the Bar
members, uninfluenced by fear or favour”; and Bar Council members (especially Brendan as a collective, for I am an ardent believer in the
• “to maintain and improve the standards of Navin Siva and Rajpal Singh) for their support, adage that “the whole is greater than the sum
conduct and learning of the legal profession energy and firm determination to act in the best of its parts”.
in Malaysia”; interest of the Members. I am hopeful that we Justice has been referred to as being akin to
• “to represent, protect and assist members can resolve the serious and grave problems arising a rich stream of water that flows endlessly.
of the legal profession in Malaysia and to from rushed justice, and move ahead stronger Impediments to the full and free access to justice,
promote in any proper manner the interests and better, with a sincere and respectful spirit of or to an uninhibited delivery of judicial services, is
of the legal profession in Malaysia”; and cooperation between the Bar and the Bench. This akin to restricting the flow of this never-ending
• “to protect and assist the public in all is but a first step. We now need to establish the stream. All members of society, the judges,
matters touching ancillary or incidental to various working groups comprising the three main registrars, prosecutors, advocates and solicitors,
the law”. stakeholders in the justice system, the Bar, Bench those employed in the daily administration of
and Attorney General’s Chambers, who will make justice, and the public at large, all of us have an
My first responsibility as President has been to fulfil the necessary recommendations to improve the
the wishes of the Bar as expressed in its resolution important role to play to ensure that the waters
justice system. Thereafter we need to ensure that of justice continue to flow unabated, in order to
on quality and the administration of justice, there is smooth and effective implementation of
passed during the 65th Annual General Meeting cleanse, refresh and nourish our nation and its
the recommendations made. way of life.
held on 12 Mar 2011. Since then, the Office
Bearers, together with Brendan Navin Siva and The standards that we wish to hold the Bench to, May each of us serve, with courage, with integrity,
Rajpal Singh as the respective Chairpersons of the the Bar must equally hold itself to a similarly high with dedication, and with humility, in the years
Court Liaison and Criminal Law Committees, have standard. ahead.
met the Chief Justice of Malaysia and the Chief While we grapple with the challenges of daily
Lim Chee Wee
Judge of Malaya, on a number of occasions, to practice, we must maintain a visionary outlook:
President
discuss the measures relating to Key Performance the Bar must stand united as it strives towards the
Malaysian Bar
Indicators (“KPI”) that do not serve the interest of goal of being a legal profession respected not only
president@malaysianbar.org.my
justice and litigants. as an influential body in society but equally as a
13 Apr 2011
Praxis Apr–June 2011 3
Readers’ Comments
delight It was unanticipated but yet enlightening to receive
in 2 0 1 1 brings n
version old fashio the Jan-Mar 2011 issue of Praxis after a lapse of
x is in h ard copy in g b o o ks in the ich aptly two years. Equally, it is noteworthy to say that the
al of Pra l of read Mr Cecil
wh
The reviv ing beats the fee rt poem by he effort of Prax
is articles written by the younger generation of the
. N o th e Ja m ta T a
to me lik e th d a y s. B a r is Bar to be commendable and relevant.
rticularly ion these ted to the State
way. I pa ur legal profess e d ic a o u g h th ey
do tion d that eve
n th Kudos to the editorial team, now that you have
describe new sec hind.
to in troduce rt . T h is shows were not left be a foot in the door, it is a vehement hope to see
tea m
d a b le e ff o
u t th e y ” fe a tured
very com
men
st re a m area b
m o n P urpose regular publications of Praxis reaching the hands
in
the ma in a Com
are not in gline “Unified of members.
e ta sa id.
Thus, th as well ersonal
e fr o n t page w e to se e more p s. Paul Fernandez
at th I ho p issue
oard and Bar in the future Messrs Majid & Chen
th e E ditorial B o f th e Klang, Selangor
Kudos to n from members
tio
contribu
!
lations!!!
Congratu
ansor & Co
Salwa M a d S h a habuddin
hm
Messrs A anu
ngg
KT, Tere
d Iranian
e M sian Bar, IBA an
ised by th
na, g co-organ chance to.
Dear Ms Ti n clu d ed IHR Trainin ax is b u t d idn’t get a i have
the recent
co ad the Pr use! Now
We met at y to yo u that I’ve re b ig ro u n d of appla .. (^ -^ )
nt to sa ves that e blogs.
Bar. I mea d ef in itely deser in g s) unlike som )
nd se lf
and your ki capture the real dea
l of th e th edition (‘’,
The team rw ar d to upcoming
at fo
to read (th of Praxis. Lo
oking
ork Tin
a, more stuff ublication
Great w on! tions on th e (r e) p
Rock Congratula
Albert lia Balqish
Daniel vasan Sharifah Zu
Sreene Private Sect
or
Messrs Lumpur m p ur
Kuala Kuala Lu
Justice must not be compromised for EXPEDIENCY or
judicial backlog attributable to the inadequacy or incomp
judiciary, the attorney-general department, the pettifo etency of the
gging lawyers, the Police and others concerned. Justice
denied or injustice. Fiat justitia is what the public and bargained is justice
others need and that is the rationale or justification for
a legal system.
The Chief Justice and others should not be too obsess
ive about the judicial backlog to appreciate the substa
justice. The judiciary has the full complement but what ntive concept of legal
we need is quality, not quantity at the expense of the
selection process must be absolutely impartial and based taxpayers. The
on merits, not on seniority alone or cronyism.
The objectives of punishment are (1) the reduction or preven
tion of crimes; (2) the protection of the public; and (3)
of respect for criminal law or justice. These objectives the promotion
can only be achieved by retributive and utilitarian senten
for example, let a murderer off lightly without a death ces. You cannot,
penalty. That would be revulsion, reprobation or immor
criminal justice is largely founded or based. ality on which the
Thus the Criminal Procedure Code (Amendment) Act 2010
(Act A 1378) should and must not be brought into force
make a mockery of the law and criminal justice. or enforced to
RYC Chiu
Judge Emeritus & Amicus Curiae
Sibu, Sarawak
20 Dec 2010
Dear Readers,
We are pleased to invite any comments regarding our content. All comments may be sent via email to articles@malaysianbar.org.my by 15 June 2011.
The best five will be printed in our “Readers’ Comments” section, wherein our favourite amongst them will also receive a free copy of the book reviewed in the
“Book Review” section of each Praxis issue commented upon. For this issue, the book up for grabs is “Swimming Lessons for Baby Sharks: The Essential
Guide to Thriving as a New Lawyer”.
For this purpose, please provide your details – name, law firm name and address, telephone number and email address. While we shall only identify printed
comments by name, firm name and state, comments that omit providing full details will be disqualified from reproduction.
Happy writing!
4 Praxis Apr–June 2011
Apr–JunE
Editorial
From the Editor’s Keyboard ...
“Why did you decide to become a lawyer?” qualities that a person possesses. Plainly Our cover photo and two more within
Now that’s a loaded question. Certainly put – you either have it or you don’t! the series weaved in the “Pupillage”
one that would put me in a fix since a article (courtesy of Moh Kok Wai, whom
legal career wasn’t my own choosing at Whether or not these pupils entered the we have since recruited as our resident
first. After spending my entire schooling profession wanting to become lawyers, a photographer), fit right into our theme
years having dreamt of becoming a doctor, stark realisation would eventually come in a depiction of young ones struggling
the last thing I thought I’d become was to some that no amount of learning and to acquire knowledge. A warm hug
a litigation lawyer who’d end up either exposure would ever enable them to gain goes out to the little models in question
spending too many hours hunched in the skills necessary to make him/her a and their parents for allowing the shoot
front of a computer or lugging bags full of good lawyer or equip them to last the long (nudge-nudge, wink-wink).
documents from hearing to hearing. haul of this challenging profession. It’s
like trying to force a square peg through This issue also contains a number of
Despite its unexpected beginnings, a round hole. articles seeking to assist us all in this
however, I can’t say I regret a single day endless quest for skills and knowledge,
that has gone by... Somewhere along Something must be done about it. If including “When Legal Process Meets
the way, I managed to scrounge together not for the sake of the poor bloke who Technology” written by young lawyers,
a set of practitioner’s skills able to be put struggles with a job that he detests, or the compelling us to embrace technology in
to some good use. Some clients have even client who gets short-changed (or worse order to stay relevant in these challenging
remarked that the profession actually suits - wrongly convicted), then it must be times. And since we had such an eventful
my character. So adept have I become to done for the sake of the rest of us calling last quarter, we are fortunate to share
a lawyer’s life that my close friends would ourselves advocates and solicitors of the many happenings in the ‘Events’ section,
boldly proclaim that I have even come to High Court of Malaya who have to suffer including a personal ‘baby’ of mine – the
carry some of these professional traits in the rippling effect of such poor career official launching of the Malaysian Bar–
my daily personal life. Believe me, these planning. LexisNexis collaboration for the renewed
come with their own ups and downs. I’m hardcopy publication of Praxis. In our
To highlight this issue, the Editorial team
sure many of you can relate! ‘Lifestyle’ section, our readers get to share
has chosen the theme “Raising the Bar”
insights into yet another lawyer’s out-of-
That being the case, it has become for this Apr-Jun 2011 issue of Praxis, which
office pastime – adventure biking.
apparent to me that not all pupils entering carries the dual meaning of the elevation
the profession are as fortunate. of our profession and the standards that For this, I must once again thank my
make us. dedicated Editorial team and our content
In my interaction with other legal contributors.
practitioners, I get to observe a wide In connection with such theme, we feature
range of skills. Some skill sets are those two articles to examine the standards of Wishing all of you happy reading,
that are just gained naturally over time, entry into our profession and how this can
from years and years of experience. Some be better regulated and facilitated. The Syamsuriatina Ishak
skills, however, including the basic skill to first is by Roger Tan “High Time to Have Editor of Praxis and Chairperson of the
be able to acquire the lessons required to the Common Bar Course”, and another Bar Council Publications Committee
be learned from these experiences, can examining the current “Pupillage” system, 2011/12
only come from the most basic inherent penned by Soo Tiang Joo and pupil in
chambers, Tey Wei Quan. April 2011
Praxis Apr–June 2011 5
Features/Articles
High Time to Have the Common
Bar Course
A common evaluation system is needed urgently to check the
declining quality and standard of new lawyers in the country
by Roger Tan1
It is a matter of grave concern that with When the senior lawyer asked his assistant, In fact, there were 13,350 practising
about 1,000 law graduates entering the who was the counsel for the plaintiff, about lawyers in Peninsular Malaysia as at 31
legal profession every year, there is no it, the latter said he did not understand December last year, with more than half
common evaluation system to ascertain why the SAR had mentioned the interest having obtained their basic law degree
and ensure their levels of competence. at 80%. He added that when he checked overseas.
with the counsel for the defendant; the
It now appears that the medical profession The Legal Profession Act 1976 (“LPA”)
latter said it was common for the court to
will be ahead of us when the Medical Act governs the admission of new entrants
grant interest at 80%, which is, of course,
1971 is amended to require all Malaysian from various streams to the legal profession
erroneous!
medical graduates from foreign medical as an advocate and solicitor.
colleges to sit for a common licensing Hence, the point is, how could one have
To be admitted to the Malaysian Bar, one
examination to qualify as doctors. walked out of the court without even
has to be a “qualified person” as defined
understanding the court’s order? If the
Bar Council has been advocating for a in the LPA; attain the age of 18; be of
parties were not able to understand the
Common Bar Course and Examination good character and not been adjudicated
order, then they would also not be able to
(“CBE”) since the 1980s as a single entry bankrupt or convicted of any offence; be a
draft the order later. If what the plaintiff’s
point to the legal profession for both local citizen or permanent resident of Malaysia;
counsel had said about the SAR and the
and foreign law graduates. has served nine months of pupillage under
other counsel was true, then indeed all the
a lawyer of at least seven years’ experience;
It is understood that the delay in three legally-trained officers – SAR and the
and has passed, or be exempted from, the
implementing the CBE is partly due to two lawyers – were indeed half-past-six
Bahasa Malaysia Qualifying Examination.
objections from local universities. professionals!
Three tables containing the relevant
It cannot be gainsaid that the quality Besides the decline in lawyering quality,
information of the legal practitioners and
and standard of lawyers have declined abysmal language skill, especially the
their qualifications have been provided.
significantly since the 1980s. There is command of the English language among
Let me expound on them a little.
a common feeling among senior legal the new entrants for practice at the Bar, is
practitioners that there is an “abject evident. I have personally received a letter Table 1 deals with the academic
absence of rudimentary legal skills” among from a young lawyer asking me to “ensure qualifications of a “qualified person”, and
the new entrants. that (our) clients would be executed the the following should be noted:
documents!”
In 2008, a senior judge lamented on the • The qualifications, except for
poor quality of locally-trained lawyers, It follows that it is not unjustified to require graduates of University of Malaya,
describing their standard as ranging from the new entrants to also pass an English National University of Singapore
the “good to the grotesque”. (However, Language Qualifying Examination. Whilst and barristers of England, are
some senior lawyers had also opined that we can blame this decline on our education determined from time to time by the
the learned judge’s assessment applied system, we cannot ignore the fact that we Legal Profession Qualifying Board
equally to the quality of judges since the are living in an increasingly competitive (“Qualifying Board”) which is chaired
1980s.) global environment where international by the Attorney General.
business is transacted primarily in English.
For example, one senior lawyer related this Any change to the status of the three
incident to me involving a senior assistant It is also in the national interest for us to aforesaid qualifications can only be made
registrar (“SAR”) and lawyers for both build a pool of competent practitioners in by way of a statutory amendment to
the plaintiff and defendant. The SAR was international law so that we can at least the LPA because the LPA has defined a
tasked to read the judge’s order relating to put across our nation’s case in international “qualified person” to expressly include
costs. Both lawyers recorded the amount forums and courts, which is made all the such qualifications.
of costs with interest at the rate of 80%! more necessary after the Pulau Batu Puteh
• The law degree of the new Singapore
case before the International Court of
Management University has still not
Justice.
6 Praxis Apr–June 2011
Features/Articles
TABLE 1 been recognised by the Qualifying Board. (Singapore
List of institutions and the respective only recognises the law degree of University of Malaya
for admission to the Singapore Bar if the candidate
qualifications recognised for entry into the
had commenced the law degree course before 1 Jan
legal profession 1994.)
Country Institution Qualification In Malaysia, the law degree offered by two other institutions
Malaysia 1 University of Malaya (“UM”) LLB has still not been recognised by the Qualifying Board;
2 Legal Profession Qualifying Board CLP Universiti Sultan Zainal Abidin, Kuala Terengganu, and
3 International Islamic University (“IIU”) LLB Taylor’s University, Subang Jaya.
4 Universiti Kebangsaan Malaysia (“UKM”) LLB
5 Universiti Teknologi MARA (“UiTM”) LLB • The two-year exemption from Certificate in Legal
6 Universiti Utara Malaysia (“UUM”) LLB Practice (“CLP”) examination given to law graduates
7 Multimedia University (“MMU”) LLB
of Universiti Utara Malaysia (“UUM”) and Multimedia
Singapore 1 University of Malaya in Singapore LLB
University (“MMU”) in 2009 expired on 15 April,
2 University of Singapore LLB
unless extended indefinitely or for a further period by
3 National University of Singapore (“NUS”) LLB
the Qualifying Board.
United Kingdom 1 Inner Temple Barrister-at-law Table 2 particularises the qualifications of the 13,350 lawyers
2 Middle Temple Barrister-at-law as at 31 December last year. It is interesting to note that the
3 Gray’s Inn Barrister-at-law International Islamic University is the single university which
4 Lincoln’s Inn Barrister-at-law has produced the largest number of lawyers in Malaysia.
5 The Law Society Solicitor
Ireland 1 King’s Inn Barrister-at-law
Also, as at 28 Jan 2011:
Law graduates from the UK, Australia and New Zealand who do not have any • There were 13,346 lawyers; of whom 6,992 are men
of the above qualifications may still be admitted if they also pass the CLP exams and 6,354 are women.
provided they have obtained their law degrees from the following approved
institutions: • In terms of ethnicity, there were 5,190 Malays;
5,025 Chinese; 2,517 Indians; 485 Punjabis, and 129
United London University (External) LLB (at least 2
nd
Kingdom* Class (Lower) Hons) Eurasians and others.
within seven years of
Inter. exams • In terms of number of years of practice, there were
King’s College, London; London School of Economics LLB 1,972 lawyers with one to three years of practice;
and Political Science; Queen Mary & Westfield College, 2,037 (three to seven years); 2,983 (seven to 12 years);
London; School of Oriental & African Studies, London; 4,244 (12 to 20 years) and 2,110 lawyers have 20 years
University College, London; University College of Wales,
Aberystwyth; University of Wales, Cardiff; University of of practice or more.
West of England, Bristol; University of Northumbia at
Newcastle; and universities of Birmingham, Bristol,
• In terms of age, 2,384 lawyers were under 30; 4,847
East Anglia, Essex, Exeter, Hertfordshire, Hull, Leeds, (31-40); 3,537 (41-50); 1,648 (51-60) and 930 lawyers
Leicester, Liverpool, Manchester, Nottingham, were aged 60 and above.
Nottingham Trent, Oxford Brookes, Reading, Sheffield,
Southampton and Warwick As regards Table 3 which shows the number of lawyers
University of Cambridge BA (Law Tripos) admitted in 2009 and 2010, it is obvious that women have
University of Oxford BA (Jurisprudence) been busy becoming lawyers in the last two years!
Queen’s University, Belfast LLB (must have taken
English Land law It follows that as Malaysian lawyers are coming from so
option)
many diverse educational streams, there is an urgent need
Australia** Australian National University, Macquarie University, LLB
Monash University, Murdoch University, Bond
for uniformity by undertaking a critical review of the entire
University, Queensland University of Technology, and legal education especially when we are producing a surfeit
universities of Adelaide, Melbourne, New South Wales, of lawyers annually.
Queensland, Sydney, Tasmania, Western Australia and
University of Technology, Sydney Need to be professional
New Victoria University of Wellington and universities of LLB
Zealand** Auckland, Canterbury, Otago and Waikato It is for this reason that there have been constant calls for
many decades now for the CBE to be implemented as the
*A UK law graduate not from these approved institutions can still be admitted ultimate sieve in the admission of new practitioners in order
here if he has been admitted as either a barrister or solicitor in England or a to ensure lawyering quality and competency.
barrister in Ireland.
Further, the CLP course has to be replaced by the CBE
** This does not apply to graduates qualified before 1 May 1999 or enrolled in
the respective universities on or before 30 Apr 1998 and eligible to be admitted because it is too examination oriented, and not practical
as a barrister or solicitor in the state in which the university is situated, that is, skills oriented. This is understandable as the CLP was
they need not undergo the CLP exams again. After 1 May 1999, the graduates originally designed in 1984 only as a temporary stop-gap
are required to sit and pass the CLP exams and it does not matter if they have measure to assist those Malaysians who were not able to sit
already been admitted as barristers or solicitors there.
for the English Bar Finals Examinations because they failed
+Source: Legal Profession Qualifying Board to obtain at least a Second Class (Lower Division) Honours
in their British university law degree.
Praxis Apr–June 2011 7
Features/Articles
To my mind, law schools should just concentrate on the academic TABLE 2
aspect of legal education, and leave the professional training in the Practising lawyers by qualification
form of CBE to the Qualifying Board, Bar Council and the Judicial as at 31 Dec 2010
and Legal Services. It is envisaged that when CBE is implemented,
*Australia Inns of Court Local Universities
the duration for the law degree at the local universities will be
Bond 116 Gray’s 241 Malaya 1,336
reduced to three years so that students will spend at least one Melbourne 48 Inner 154 IIU 2,607
year to undertake the CBE. Adelaide 17 Middle 419 UKM 695
Monash 140 Lincoln’s 1,200 UiTM 508
Passing the CBE should not just be the prerequisite for new Queensland 5 King’s 7 MARA 377
entrants to the legal profession, but also for new recruits for the Queensland U of
18 2,021 UUM 54
Technology
Judicial and Legal Services.
New South Wales 23 MMU 59
Sol’ Supreme
Pending the implementation of the CBE, the Qualifying Board Western Australia 10
Court, England
15 5,636
should also periodically review the teaching and training of law Sydney 34
graduates from local universities. If the standard is not maintained, Macquarie 5 **CLP 4,841
then the exemption from the CLP examination currently granted Advocate,
Tasmania 47 1
Scotland
to their law graduates should be removed.
Australian
National 35 Singapore 240
As regards foreign law graduates, the Qualifying Board has University
already reduced the number of approved British universities from 498
66 to just 30, and Australian and New Zealand law graduates are Articleship 13
now required to sit and pass the CLP examination even if they *New Zealand
Canterbury 41
have been admitted as barristers or solicitors in New Zealand or
Auckland 8
any state of Australia. Wellington 19 Gender
Otago 12 +Source: Bar Council Male 7,000
In this regard, the Qualifying Board should be commended for Waikato 5 Malaysia Female 6,350
setting up, in 2008, an evaluation team headed by the Chief 85 Total 13,350
Registrar of the Federal Court which comprised judges, officers
*Graduated before 1 May 1999 or before CLP is made mandatory for
from the Attorney General’s Chambers and senior members of graduates from Australian and New Zealand universities.
the Malaysian Bar to determine if UUM and MMU law graduates
** Includes graduates from British universities who are not either
should be exempted from the CLP examination. As a result, law
barristers or solicitors, and graduates from Australian and New Zealand
graduates from the two universities are now required to undergo universities regardless whether they are barristers or solicitors there.
a training course on practical skills before they can become
“qualified persons” under the LPA even though they are exempt
from the CLP exam. This exemption expired on 15 Apr 2011, and TABLE 3
the team would have returned to UUM and MMU to undertake a Items No of Lawyers
review in March and April respectively. Lawyers Admitted In 2009 In 2010
Total 943 912
In fact, so much has already been said and written in the last
Gender – Men 296 304
20 years about the urgent need of reforming our decrepit legal
Gender – Women 647 608
education, and we are already sorely lagging behind many
Commonwealth countries in this respect. But regrettably, there Barristers 79 89
appears to be a total lack of a sense of urgency on the part of CLP 265 195
the various stakeholders to come to grips with this unsatisfactory UM 94 92
state of affairs which is certainly not in the public interest. NUS 1 0
UKM 92 63
*The writer wishes to register his appreciation to Chin Oy Sim, UiTM 98 106
Kwan Yin Cheng, Ezane Mansor Obaid and Lilian Chong of the Bar ADIL (Institut Teknologi
*2 0
Council Secretariat for gathering and providing useful information MARA)
IIU 309 215
for this article.
UUM 0 76
The above article, first published in the Sunday Star on 6 Feb MMU 0 72
2011, has been updated specially for publication in PRAXIS. New Zealand **1 0
Solicitors 2 4
* ADIL (Advanced Diploma in Law) qualification from ITM, the precursor
1 The writer is the head of the Bar Council’s evaluation team appointed by the Qualifying
Board to assess the Bachelor of Law degree of UUM and MMU to determine if their of UiTM.
graduates should be exempted from the CLP examination. You can follow him on ** Qualification obtained in 1999 before CLP was made mandatory for
Twitter at www.twitter.com/rogertankm.
all New Zealand law graduates.
+Source: Bar Council Malaysia
8 Praxis Apr–June 2011Features/Articles
Pupillage
In Preparation for a Rewarding Professional Career
by Su Tiang Joo and Tey Wei Quan (Pupil in Chambers)
Introduction (a) there are special circumstances unless his name is on the Roll of advocates
justifying a shortening of the period and solicitors and he has a valid practising
Beyond knowing that they have to do of pupillage; or certificate authorising him to do the act; a
“chambering” in order to be called to the person who is not so qualified is in the LPA
(b) the applicant has, for a period of not
Bar, more often than not the law graduates referred to as an “unauthorised person”.7
less than six months, been a pupil
seeking a “chambering” position when Any unauthorised person who acts as an
or read in the chambers of a legal
asked, do not know under what provisions advocate and solicitor or willfully or falsely
practitioner in active private practice,
of the law this requirement comes about. pretends to be, or takes or uses any name,
in the Commonwealth, of more than
What are the rights and obligations of title or addition or description implying that
seven years’ standing; or
that of a “chambie”, as they colloquially he is duly qualified or authorised to act as
address this position, is a question they are (c) the applicant is an articled clerk in an advocate and solicitor shall be guilty of
often hard pressed to answer. Is a pupil Malaysia; or an offence and shall on conviction be liable
an employee; must the pupil be paid and if to a fine not exceeding two thousand five
so, is the master obliged to make statutory (d) the applicant has been engaged in
hundred ringgit or to imprisonment for
contributions towards Employment active practice as a legal practitioner
a term not exceeding six months or to
Provident Fund or Social Security by whatever name called in any part
both.8 This makes it abundantly clear the
Organisation for such payments; is the of the Commonwealth for a period of
legal mandatory requirement for pupillage
pupil subject to disciplinary proceedings? not less than six months.
to be undertaken in the journey to be an
These are some of the queries when posed A full exemption from undergoing pupillage advocate and solicitor.
see the applicants struggling to answer, can only be secured by a qualified person
simply because they have not applied their Master
who has served in the judicial and legal
minds to these issues when they embark service for at least one year provided his
on this part of their journey towards being The qualified person has to serve his
application for admission as an advocate period of pupillage with a master. His
admitted and enrolled as advocates and and solicitor is supported by a certificate
solicitors of the High Court of Malaya. master must be an advocate and solicitor
from the Attorney General to the effect who is and has been in active practice9 in
It is hoped that this article will address that he is a fit and proper person to be
some of the issues pertaining to pupillage, Malaysia10 (made up of all the states in
admitted as an advocate and solicitor.4 Peninsular Malaysia viz, Johore, Malacca,
but more importantly, to seek to instil
into those joining the legal profession Who is a qualified person? Negeri Sembilan, Selangor, Pahang, Perak,
to continue to have that innate sense of Kelantan, Kedah, Terengganu, Penang
curiosity to always ask themselves [Why] It is clear by now that you have to be a and Perlis, the states in East Malaysia viz,
there is such a need for any requirement qualified person before you can undergo Sabah and Sarawak, as well as the Federal
in the first place. pupillage. A qualified person is any person Territories of Kuala Lumpur, Labuan and
who has passed the final examination Putrajaya) for a total period of not less than
Requirement for pupillage leading to the degree of Bachelor of Laws seven years immediately preceeding the
of the University of Malaya, the University date of commencement of the qualified
It is a legal requirement prescribed in the of Malaya in Singapore5, the University person’s pupillage.11 One who has been
Legal Profession Act 1976 (Act 166) (which of Singapore or the National University admitted and enrolled as an advocate and
henceforth shall be referred to as the of Singapore, is a barrister-at-law of solicitor in the High Court of Malaya but
“LPA” unless expressly stated otherwise) England, or is in possession of such other who is practising in Sabah or Sarawak
that a qualified person must serve a period qualification as may by notification in the qualifies too to be a master.12 A pupil can
of pupillage for nine months, before he or Gazette be declared by the Legal Profession serve his period of pupillage with a master
she can be admitted as an advocate and Qualifying Board to be sufficient to make a who does not hold a practising certificate
solicitor1. Save for one exception, it is person a qualified person. because section 3 of the LPA defines
compulsory to undergo pupillage.2 The advocate and solicitor as one who has been
period of nine months may, however, be Why the need to be admitted and admitted and enrolled and does not say to
shortened. Bar Council may, in its sole enrolled as an advocate and solicitor? be an advocate and solicitor one must be
discretion, exempt a qualified person from in possession of such a certificate.13 Bar
any period up to six months’ pupillage The LPA goes on to provide that no person Council may on special grounds allow a
upon application made to it supported by shall practise as an advocate and solicitor pupil to serve his period of pupillage with
satisfactory evidence that:3 or do any act as an advocate and solicitor an advocate and solicitor of less than
Praxis Apr–June 2011 9Features/Articles
seven years standing.14 Bar Council may The work of an advocate and solicitor accountable not only to his clients, but to
also allow a qualified person to serve involves marshalling facts, identifying the Advocates and Solicitors Disciplinary
different parts of his period of pupillage and analysing issues, researching the Board and court as well.
with different masters.15 Particulars of the law, drafting, presenting opinions and
names, length of practice, names of law advice, and advocacy. Whilst he may Rights
firms as well as addresses of advocates not be expected to know all the law,
and solicitors can all be secured from Bar An advocate and solicitor with a valid
he is expected to know where to find
Council16. Save with the written approval practising certificate has the exclusive
them. Pupils should expect to familiarise
of Bar Council, a master may not have right to appear and plead in all courts22.23
themselves with these skills during their
more than two pupils at any one time.17 Save in limited circumstances, which are
period of pupillage. Advocacy, which is the
set out below, a pupil on the other hand,
art of oral persuasion, covers many areas;
The obligations of masters to their pupils even though a qualified person does not
from the primary work of pleading cases
can be found in Rules and Rulings of the possess such right as he is an unauthorised
and presenting arguments before tribunals
Bar Council Malaysia. First and foremost, person 24 under the LPA. 25 More
and courts, negotiating settlements and
masters should supervise their pupils specifically, a pupil cannot act
generally assist in dispute resolutions.
throughout the period of pupillage.18 In as an advocate and solicitor
Drafting also requires comprehensive
relation to this, masters are required to for any party to court
knowledge of the law and meticulous
give an undertaking to do so by signing proceedings, regardless
use of words to prevent any lacuna or
a document called ‘Particulars of Master’ of whether he is suing
ambiguities as to avoid the need for any
form.19 Furthermore, a master should or defending on one’s
dispute resolution. The skills aforesaid
make it clear to his colleagues that his behalf.26 Furthermore, a
can only be developed and honed through
pupil is accountable to him alone and pupil cannot prepare
constant experience and this is why to
advise them not to assign any task to the any legal document
this day, no matter how learned and
pupil without his prior consent. or letter threatening
experienced an advocate and solicitor is,
he is still said to be in practice.
The terminology “master” and “pupil”
indicates a relationship of apprenticeship Pupillage serves as an invaluable platform
wherein the pupil is subject to the for a qualified person to develop these
concentrated attention, instruction and skills before he is thrown into the deep end
supervision of the master.20 It cannot be so to speak. During this period, the pupil
gainsaid that the manner in which the is allowed at close quarters to observe and
master discharges his responsibilities can assist his master in his work. The practical
have a significant impact on the pupil experience of practising with a safety net in
which may last the entirety of the latter’s the form of the master being there to give
career.21 guidance and clarification is invaluable.
Objective of pupillage It would be beneficial for a pupil to
identify as early as possible whether his
The period of pupillage is to enable a
pupil to receive instructions from, and or her interest is in litigation or otherwise
training by his master, and that includes so that he can devote more time during
exposing him to the experience of the period of pupillage to gain experience
appearing and conducting cases on in the chosen area of the profession,
behalf of his master in open court in although with all due respect, general
the magistrates’ courts after a period litigation with its vast area of law and skills
of three months’ pupillage… required would probably be the best area
for a pupil to start off with.
…chambering pupils [should] be
afforded the opportunity of appearing It is statutorily required of an advocate and
and conducting civil cases in open solicitor that he must exercise direct and
court in the subordinate courts immediate control as principal and provide
which experience is very necessary proper supervision over any unauthorised
in preparing them to become full- person carrying on legal business in his
fledged advocates and solicitors of name (see section 94(3)(i) of the LPA).
the High Court. It is, therefore, in the
This means that he should know how the
best interest of the legal profession
clerical work that is part and parcel of legal
that chambering pupils be given
practice is carried out. It cannot therefore
the experience of gaining practical
knowledge in the conduct of civil suits be over emphasised that pupils should
while in training before being called during this period of pupillage acquire
to the Bar. — Re Vazeer Alam Mydin experience on these clerical duties and
Veera [1991] 3 MLJ 96 (HC). basic accounting because at the end of the
day it is the advocate and solicitor who is
10 Praxis Apr–June 2011Features/Articles
legal proceedings and conduct any (during the period of three months from After serving the prescribed period of
negotiation of settlement.27 Needless to the date of order) to appear on behalf of pupillage, a Certificate of Diligence is to
say, a pupil is prohibited to pretend to be the master or the firm in which the master be signed by the master.42 The master
an advocate and solicitor.28 However, a is practising to mention a case, including shall not refuse to issue a Certificate of
pupil is at liberty to prepare wills or other entering judgment in default, applying for Diligence except for reasons acceptable to
testamentary documents as section 38(2) bail, or taking a consent judgment before Bar Council.43
of the LPA expressly provides that the a Judge or a Registrar of the High Court (in
words “document” and “instrument” in chambers), before a Judge of the Sessions Employee/Workman?
section 37 do not include a will or other Court or a Magistrate (in chambers), or
testamentary documents. before a Registrar of the Subordinate What is the legal recourse of a pupil in
Courts. After the three-month period, the event that the master terminates the
As mentioned earlier, a pupil does have a pupil can conduct any cause or matter master-pupil relationship without any just
a right of audience in court in limited in the High Court (in chambers) and in cause or excuse? This inevitably prompts
circumstances. This is after he has secured the Subordinate Courts (include both us to question whether a pupil can seek
an order from the High Court of Malaya the Sessions Courts and the Magistrates’ any relief under the Employment
under a process which is commonly Courts)30 (in chambers) and in open court Act 1955 (Act 265) or Industrial Relations
known as a “short call”. By virtue of before any Magistrate. 31 The purpose Act 1967 (Act 177). On a closer
section 36(2) of the LPA, a judge29 may of the provisions of section 36(2) of the examination of the definition of employee
make an order upon the application of LPA is to provide a step by step practical in section 2 of the Employment Act 1955
a master for the pupil to be permitted training for a pupil.32 In OCBC Bank (M) (Act 265),44 a pupil is not an employee as
Bhd v CTK Enterprise Sdn Bhd33, a pupil a pupil does not enter into any contract
reading in the chambers of a firm that of service and his “apprenticeship” is less
was not that of the defendant’s solicitors than two years. Furthermore, a pupil is not
appeared on behalf of the defendant and a workman within the definition stipulated
requested for an adjournment. It was in section 2 of the Industrial Relations Act
held that the pupil did not have locus to 1967 (Act 177)45 as a pupil does not work
appear as section 36(2) of the LPA made for hire or reward under a contract of
it clear that a pupil in chambers was employment. More importantly, it would
strictly forbidden to appear on behalf of be a contradiction if pupils were to be
anyone but his master or a firm in which labelled as employees, when, in the first
his master was practising.34 This suggests place, section 12(3) of the LPA expressly
that the pupil is also liable to be charged provides that no qualified person shall,
for the offence under section 37(1) of the without the special leave in writing of Bar
LPA of acting as an advocate and solicitor Council, hold any office or engage in any
whilst being an unauthorised person. It employment of any kind, whether full-
is also to be pointed out that a pupil can time or otherwise, during his period of
hold a watching brief in any court in which pupillage, but nothing in this subsection
he has a right of audience.35 shall preclude a pupil from receiving
remuneration from his master. However,
Obligations as mentioned earlier, the pupil may on
special grounds apply to Bar Council
The period of pupillage commences on the to serve different parts of his period of
date of filing of petition for admission.36 pupillage with different masters.
Pupils are required to seek the approval
of Bar Council if they wish to take a As pupils are not employees but can receive
break during the period of pupillage.37 remuneration from their masters, one
The prescribed period of pupillage must interesting question that arises is whether
be completed in full and any period of masters are legally bound to pay statutory
absence will have to be replaced.38 contributions towards Employment
Provident Fund under the Employees
Over and above that, pupils have to attend Provident Fund Act 1991 (Act 452) and
a compulsory Ethics and Professional Social Security Organisation under the
Standards Course and pass the written Employees’ Social Security Act 1969 (Act
examination at the end of the course, 4). In this regard, it can be safely said that
whereupon passing, a certificate would be the answer is in the negative, because
issued by Bar Council.39 The pupil’s master under both of the aforementioned Acts,
has to certify in the Certificate of Diligence only employees and employers shall be
that the pupil has satisfactorily completed liable to pay contributions,46 and pupils
the programme.40 In addition, pupils are undergoing pupillage are prohibited
required to serve compulsory Legal Aid from being engaged in employment of
Duty for a minimum of 14 days.41 any kind.
Praxis Apr–June 2011 11Features/Articles
Disciplinary proceedings Subject to this Act, the income upon Conclusion
which tax is chargeable under the
It must be emphasised that a pupil is Act is income in respect of — In conclusion, pupils should familiarise
subject to the control of the Advocates and (a) gains or profits from a business, themselves with the professional ethics
Solicitors Disciplinary Board and an order for whatever period of time expected of an advocate and solicitor. It is
may be made prohibiting the pupil from carried on; of the utmost importance that pupils take
petitioning the court for admission until (b) gains or profits from an a keen interest in the work assigned by
after a specified date, if he or she is found employment; their master with diligence, determination
guilty of any misconduct.47 As breaches (c) dividends, interest or discount; and dedication, so that the nine-month
of etiquette by pupils would render (d) rents, royalties or premium; period of pupillage can effectively prepare
pupils liable to disciplinary proceedings, (e) pensions, annuities or other them to cope with the very challenging
there is a need for pupils to familiarise periodical payments not falling but rewarding profession of that of an
themselves with the law regulating the under any of the foregoing advocate and solicitor.
legal profession; ie LPA and the rules made para;
thereunder especially the Legal Profession (f) gains50 or profits51 not falling 1 Advocate and solicitor means an advocate and solicitor
(Practice and Etiquette) Rules 1978 and under any of the foregoing of the High Court admitted and enrolled under the
the Rules and Rulings of the Bar Council paragraph. Act or under any written law prior to the coming into
Malaysia. Pupils ought to comply with operation of this Act: section 3 of the Legal Profession
Act 1976 (Act 166).
the stipulated rules and regulation at all Although at first blush, the provision 2 Sections 11 and 12 of the Legal Profession Act 1976
times. In this regard it should be noted the under paragraph (f) seems wide and (Act 166).
category of persons subject to the control all embracing, it cannot be that the 3 Section13(3) of the Legal Profession Act 1976
of the Advocates and Solicitors Disciplinary honorarium or remuneration paid to a pupil (Act 166).
4 Section 13(4) of the Legal Profession Act 1976
Board, by virtue of section 94(5) of the undergoing his statutory requirements of (Act 166).
LPA, merely encompasses pupils; and that pupillage can be said to be a gain or profit. 5 Now known as the National University of Singapore,
pupils, as defined in section 3 of the Act, More so, when as mentioned earlier he which was formed with the merger of the University
of Singapore and Nanyang University in 1980. The
are qualified persons serving their period cannot engage himself in employment be University of Malaya in Singapore was renamed the
of pupillage as opposed to persons who it full time or part time during his period University of Singapore on 1 Jan 1962.
have completed their pupillage. Ruling of pupillage. Any ambiguity in a taxing 6 Section 3 of the Legal Profession Act 1976 (Act 166).
10.05(1) of the Rules and Rulings of the statute is to be construed in favour of 7 Section 36(1) of the Legal Profession Act 1976 (Act
166).
Bar Council Malaysia expressly provides the taxpayer, see Federal Court decision 8 Section 37(1) of the Legal Profession Act 1976
that upon completion of pupillage, a pupil in Premium Vegetable Oils Sdn Bhd v (Act 166).
ceases to be a pupil. Accordingly, whilst Palm Oil Research and Development 9 The word “active practice” in section 13(1) means active
private practice (or active practice as an advocate and
he can continue to work with his master, where it was held that one is not to be solicitor) but not judicial and legal service: Akberdin bin
he cannot appear in court on behalf of his taxed unless there are clear words to that Hj Abdul Kader & Anor v Majlis Peguam Malaysia [2001]
master and cannot hold himself out as a effect and if the words are ambiguous, 4 MLJ 381.
pupil. As such, there is a lacuna in the LPA those words shall be interpreted with a 10 The word “Malaysia” in section 13(1) should be given its
ordinary meaning, so as to include any part of Malaysia:
on the jurisdiction of the Advocates and purposive approach to ascertain the real Samantha Murthi v Attorney-General Malaysia & Ors
Solicitors Disciplinary Board over persons meaning the words intend to carry.52 As it [1982] 2 MLJ 126.
who have completed their pupillage but stands currently, the base line for taxable 11 Section 13(1) of the Legal Profession Act 1976
(Act 166).
have yet to be admitted to the Bar as income currently stands at RM30,000 per 12 In our judgment, through the Act has not been made
advocates and solicitors. However, this annum, which means that a pupil should applicable to Sabah and Sarawak, since the word
lacuna will soon be covered as steps are be drawing an allowance of more than Malaysia in section 13(1) is not defined by the Act, it
being undertaken to amend the LPA to RM2,500 per month before this issue of should be given its ordinary meaning, so as to include
Sarawak: Samantha Murthi v Attorney-General Malaysia
extend the jurisdiction of the Advocates whether his remuneration is exigible to & Ors [1982] 2 MLJ 126 (FC) which is followed by the
and Solicitors Disciplinary Board over such income tax arises. It was not long ago that Court of Appeal in Majlis Peguam v Sunil Singh Gill
persons and such provisions are expected a pupil had to pay his master a stipend [2004] 4 MLJ 1 wherein the issue was whether the
respondent satisfied section 13(1) of the Legal Profession
to come into force in 2011. to enjoy the privilege of undergoing Act 1976 by chambering with an advocate and solicitor
pupillage. However, being conscious of from Labuan. The court held that the ordinary cannons
Remuneration48 the escalating costs of living, the concept of construction should be applied when interpreting
of paying some remuneration to the pupil section 13(1) of the Act. The respondent had satisfied
A pupil cannot engage in employment, to assist in covering his costs of living; at
the requirements of the said provision. The case of
whether full-time or part-time during Samantha Murthi v Attorney-General Malaysia & Ors
least, the costs of transport, refreshments [1982] 2 MLJ 126 was also referred to by the Federal
his period of pupillage but is allowed to and daily necessities came about. Thus, it Court in Malaysian Bar v Mutang Tagal [1985] 1 MLJ
receive remuneration from his master.49 would be unjust or absurd to say that the 231.
The question then arises as to whether 13 Samantha Murthi v Attorney-General Malaysia & Ors
remuneration payable to the pupil is a gain [1982] 2 MLJ 126 (FC).
the remuneration received from the or profit when often it may not even be 14 Proviso to section 13(1) of the Legal Profession Act 1976
pupil’s master is subject to income tax. enough to cover the rising costs of living. (Act 166).
The relevant provision of the Income Tax Viewed in this context, it is foreseeable that
15 Section 13(2) of the Legal Profession Act 1976
Act 1967 (Act 53) on this issue is section (Act 166).
the court when called upon to adjudicate 16 Address: Bar Council, No 15, Leboh Pasar Besar,
4 which reads: on this issue will be of similar view. 50050 Kuala Lumpur, Malaysia. Website: http://www.
12 Praxis Apr–June 2011You can also read
