JOHORE BAR Annual Dinner & DANCE at Mutiara hotel on 26 th February 2011

JOHORE BAR Annual Dinner & DANCE at Mutiara hotel on 26 th February 2011 The Right Honourable Y.A.A. Tun Zaki Bin Tun Azmi, Chief Justice Malaysia My Lords, My Ladies, Ragunath Kesavan President of the Malaysian Bar, distinguished guests fellow members of the Bar ladies and gentlemen. Let me first thank on behalf of the Johor Bar the Rt. Hon. Tun Zaki Bin Tun Azmi the Chief Justice Malaysia and our several guests who have travelled many miles to be with us this evening. We thank you for the compliments to the Johor Bar. The affable Dato Syed Helmy and his ever sporting wife Datin Jelita gave us an immediate reply on receipt of our invitation and I say a special TQ to them both. As for our special guest-of-honour The Rt. Hon. Tun a letter of invitation was sent out to him and it read As Y.A.A. Tun is scheduled to retire before the next Johor Bar Annual Dinner l think it will be in good idea if Y.A.A. Tun could be our VIP guest of honour. But l assured Tun that it was not an early farewell dinner! TQ Sir for the kind acceptance. l do not for a moment wish to steal the thunder from Tun who will respond to this toast, but for those not acquainted with Tun s antecedents if I may use the word here is a brief bio. Though Tun was born three score and six years ago in Alor Setar he was moulded in Johor Bahru. He went to English College and was later called to the English Bar the same year as I was in 1969 by the Hon. Society of Lincoln s Inn. On his return he joined the legal service and in 1984 he left the service for greener pastures in private practice. A week before his 62 nd birthday i.e. on 5-9-2007 he was made a Federal Court Judge and in December that year The President Court of Appeals and on 18-10-2008 was made Chief Justice Malaysia and this was exactly 40 years after his father was made Chief Justice! In 2009 Lincoln s Inn bestowed upon Tun the honour of being a Bencher of the Inn in London. In the 3 years as Chief Justice you have transformed the legal firmament of Malaysia! The Judicial machinery moves! And for some of us it moves too fast! You will be forever remembered as an outstanding blazing comet in the vast blue legal firmament for having introduced rapid and constructive changes to the Malaysian judicial system. You pleaded with purveyors of justice to rid themselves of legal pomposity and you implored on them to be acutely aware of common stands and common sense. You asked judges to dispose cases as desired by litigants but you pleaded with them to be just and fair. The number of judges have been increased like never before but some of those selected to adorn high judicial office may seem constitutionally and mentally unfit to hold high judicial office. Some seem to say that certain judges lack what lawyers refer to as judicial temperament. But we at the Johor Bar have been favoured with your choicest picks. The best of the lot. TQ. There are some judges who do not respect lawyers at all. They do not know that lawyers do not like to be left behind like a tip on the table. I must confess and indeed agree that the profile of the Bar too has changed. The influx of many from all manner of classes and people has changed the standards and expectations of both the Bench and the Bar. The Bar tries to educate and reform lawyers by the ethics lectures starter kits and courses. Continuing legal education is in force. Perhaps some Judges too must go through finishing school to imbibe basic civilities and to keep abreast with current law. They must have continuous legal education as well. There must be systematic training for judges and Court administrators. As a former Lord President once said the existence of courts and judges in every ordered society proves nothing. It is their quality their independence and their pokers which matters. Powers seem to have been curbed to suit KPI compliance these days! There must be corrective engineering on both sides. Justice and judicial discretion must be give back to the Judges. They cannot be officers who simply menurut perintah. Judges must be just. It appears that some of the judges in their over enthusiasm seem to traded justice for statistics. And some even spew out a mantra when the Court sessions begin each morning. The mantra being :- i) settle ii) withdraw the case iii) proceed 52 INFO JOHORE BAR JULY 2011

of course some lawyers to appease the Judge withdrawn the case one day and file it afresh the next and the poor defendant has to bear 2 sets of costs! And what does this do for statistics? Nothing. In your various indictments you have said that judicial officers and Judges are social engineers and not merely blinkered professionals. Judges speak through the judgments and people look for justice rather than the law. You have asked judges to write shorter judgments and carry on with their work of disposing cases. But that reminds me of someone who said that the judiciary will be in a better stead if judges write longer judgments and gave shorter sentences! Tun Suffian in 1982 said that we should not allow ourselves to be beguiled by excessive legal formalism and always remember that the law is intended to do justice (1982 (1) MLJ Page xcii. Let me not go on ad infinitum because all of us present here are waiting to hear you Tun! Permit me to say that your varied accomplishments has changed Malaysia s jurisprudence to a people oriented vision and put the judiciary in the centre stage of rapid reform. But we lawyers and judges must always be mindful of what Lord Sankey (Hobbs-vs-Tinling 1929(2) KB) said : The Bar is just as important as the Bench in the administration of justice, and misunderstanding between the Bar and the Bench are regrettable, for they prevent the attainment of the which all of us desire-namely, that justice should not only be done, but should appear to have been done. And Justice Iqbal of Pakistan said The relationship of lawyers and Judges is a fraternal one. Without the lawyers, the Court cannot function, and without the Courts, there would be no legal profession, and when be have Courts we must have Judges. This is such a basic truism that one cannot but see its real impact. Without this realization, a Judge would be incomplete in his comprehension. Similarly, without fully appreciating this principle, the lawyer would not be doing justice to his profession. Let us all work towards our mutual betterment and mutual benefit. In the words of Justice H.R. Khanna: The edifice of nations and national institutions, we should remember, take long to build. Behind them is the story of sweat, blood and tears, of untold suffering and sacrifice; yet they can be destroyed overnight by the banishment of principles or by the selfish, petty mindedness or folly of men. May I now invite all present to rise and drink with me to the health and happiness of the Right Hon. Chief Justice of Malaysia Y.A.A. Tun Zaki bin Tun Azmi. (S. Balarajah) 26th February 2011 Johor Bahru INFO JOHORE BAR JULY 2011 53

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HIGH TEA WITH MUAR HIGH COURT JUDGE AND JUDICIAL COMMISSIONER, MEMBERS OF THE JUDICIARY AND MEMBERS OF THE BAR on 1 st april 2011 at muar traders hotel, muar (Organised by North Johor Affairs Sub Committee) WELCOME HIGH TEA IN HONOUR OF Y.A DATO ABD HALIM BIN AMAN, JUDGE OF THE JOHOR BAHRU HIGH COURT on 7 th April 2011 at thistle hotel (Organised by Social, Charity & Welfare Sub Committee) INFO JOHORE BAR JULY 2011 55

WELCOME HIGH TEA IN HONOUR OF Y.A DATO ABD HALIM BIN AMAN JUDGE OF THE JOHOR BAHRU HIGH COURT on 7 th April 2011 at thistle hotel (Organised by Social, Charity & Welfare Sub Committee) Assalamualaikum wbt dan salam 1 Malaysia Yang Berbahagia Saudara Pengerusi Majlis. 1. My Brother and Sister Judges of the High Court, Johor Bahru 2. Encik S. Gunasegaran, Pengerusi, Jawatankuasa Peguam Negeri Johor 3. Hakim-hakim Mahkamah Sesyen, Johor Bahru 4. Ahli-Ahli Jawatankuasa Peguam Negeri Johor, Dato -Dato, tuan-tuan, puan-puan, members of the Bar, para hadirin sekelian Terlebih dahulu izinkan saya untuk merakamkan rasa penghargaan serta terima kasih saya kepada Jawatankuasa Peguam Negeri Johor yang diketuai oleh Encik S. Gunasegaran selaku Pengerusinya kerana dapat meneruskan welcoming tradition ini. I must emphasize here that this valuable tradition which is supposed to be cherished and upkept, had seems to be forgotten, in many places. I ve been posted to quite a member of places and I noticed that Johor State for one, is still practicing this tradition. Syabas dan tahniah kepada Jawatankuasa Peguam Negeri ini dan saya menyokong penuh usaha anda semua. Saya turut merasa terharu di atas penganjuran Majlis ini sebagai tanda mengalu-alukan kehadiran saya sebagai warga Mahkamah bagi Mahkamah di Negeri Johor ini. Walau pun saya telah hampir 5 bulan berada di sini, memahami akan kesibukan semua pihak serta kedudukan situasi keadaan di ketika itu, penganjuran Majlis ini walau pun diadakan agak sedikit lewat, ia tetap dilihat sebagai sesuatu yang indah its better late than never. Badan kehakiman, khususnya Badan Kehakiman Negeri Johor menyokong penuh akan segala usaha serta aktiviti yang dijalankan oleh the Johore State Bar in particular and the Malaysian Bar in general. As for the judiciary, the judiciary alone cannot play its role, without the bar is fully on board. Through participation and interaction in various activities, it cannot be denied, whatever issues and problems arise can be resolved through discussions and dialogues besides exchanging views and ideas. Hadirin sekelian, Meneliti kepada perjalanan perkhidmatan saya, seperti yang dibacakan melalui Biodata saya, dimulai sebagai Pegawai Kehakiman, hingga kemudiannya dilantik sebagai Hakim, ini merupakan kali ketiga saya bertugas di Negeri Johor. Pertamanya di tahun 1983 di Mahkamah Majistret Kluang. Keduanya di tahun 1987 di Mahkamah Majistret Muar dan kini di Mahkamah Tinggi Johor Bahru. Semasa bertugas di Mahkamah Majistret Kluang, saya sering melakukan tugas circuit ke Mahkamah Majistret Johor Bahru, Kulai, Pontian, Kota Tinggi, selain dari bertugas di mahkamah saya sendiri di Kluang dan Mersing. Manakala semasa saya di Mahkamah Majistret Muar, saya sering circuit ke Mahkamah Majistret Segamat, Batu Pahat, Tangkak, Yong Peng serta Labis. Jadinya Negeri Johor bukanlah tempat yang asing bagi saya. Malah pada hari ini saya dapat lihat masih terdapat peguam yang pernah appear di hadapan saya dahulu yang kini menjadi senior members of the Johor Bar berada di dalam Dewan. They are still active, handsome and energetic in every sense. Suka saya nyatakan di sini di sepanjang tempoh tersebut (sebagai Pegawai Kehakiman), saya telah diberikan kerjasama yang amat baik semasa menjalankan tugas. Dan kini dalam hampir 5 bulan di sini, saya tetap menerima layanan yang sama seperti dahulu dan diberikan kerjasama yang baik oleh rakan peguam sekelian. Adalah diharapkan agar kerjasama ini dapat dipupuk dan diteruskan subur. Hadirin sekelian, the process of learning will never end. With such a little experience being the Judicial Officer during my younger days, I still need guidance especially from 56 INFO JOHORE BAR JULY 2011

the senior members of Bar in many aspect. I m aware of every limitation and short-comings on my part but I ll promise that I ll strive hard in order to justify the confidence and thrust that being placed in me and I will try my level best to uphold the sanctity of law and the Rules of Laws. Being a Judge, I am aware that the holder of such position is expected to be well versed in every expect of its profession. A good judge must possessed a good temperament. A Judge must be seen to be fair to every litigant, not to be easily influenced by any quarters, impartial conduct and unimpeachable integrity. Hadirin Sekelian, The Judiciary, being a third pillar of the State, plays an important role in bringing about peace and tranquility in society and good governance, through timely settlement of disputes, restoration of rights and entitlements and redressal of graviences. A Judge or a Judicial Officer is so appointed not to show his prowess. Such appointment is not synonymous with exhibition of power, for a Judge is appointed only to perform his duties. No decision of a Judge should be accentuated with anything else but sense of duty and discharge of the oath taken. The only thing a Judge has to remember is that litigant s interest is supreme. Thus, a conscientious officer of the Court can ill-afford to boycott work and hence force the litigant to go back in a pensive mood. My observation over the period of 5 months here, I would say that the performance of Judiciary here be it either at the High Court or the Lower Court level, is commendable. This improved performance would not have been made possible without the fullest corporation of the bar to the Court for the cause of fair and expeditious dispensation of justice. I am glad to note, there exist a very good interaction and cooperation as between the bench and the bar here. There is a cordial relationship between the bench and the bar and the mutual respect to each other. These coordination and cooperation between the bench and the bar has beared its fruits the fruits are in the shape of eliminating backlogs. This is where I would like to acknowledge the hard work and performance of the members of the bar for their contribution to expeditious trial proceedings without denying the excellent works of the members of Judiciary, too. Akhir sekali, saya ingin merakamkan ucapan terima kasih sekali lagi terutama kepada Pengerusi Jawatankuasa Peguam Negeri serta Ahli Jawatankuasanya di atas penganjuran majlis yang berprestij ini. Juga terima kasih saya kepada Dato -Dato, tuan-tuan dan puan-puan members of the Bar sekelian yang sudi meluangkan masa untuk hadir ke Majlis pada petang ini. Saya akhiri dengan 2 rangkap pantun: Tenang-tenang air di laut, Sampan kolek mudek ke Tanjung, Hati terkenang mulut tersebut, Budi tuan yang baik, rasa nak junjung. Rama-rama di hujung daun, Jatuh ditimpa si dahan jati, Belum pun lama sampai setahun, Hati terpaut dek kerana budi. With these pantun, I conclude and thank you all for patient hearing. Sekian, saya sudahi dengan Wabillah-hitaufik Walhidayah, Wasallamualaikum w.b.t. INFO JOHORE BAR JULY 2011 57

SEMINAR ON STAMP DUTY (INCLUDING STAMP DUTY RELIEF UNDER S. 15 & 15A OF THE STAMP ACT 1949) ON 20 TH APRIL 2011 AT JOHORE BAR AUDITORIUM (Organised by Continuing Legal Education & IT Sub Committee) The Seminar was successfully held at our Auditorium with 48 attendees. It was conducted by Mr. Tan Sin Huat, the Former Principal Assistant Director of Stamp Duty Division of Lembaga Hasil Dalam Negeri. SEMINAR ON LAW OF WILLS: THE ISLAMIC PERSPECTIVE ON 27 TH MAY 2011 AT JOHORE BAR AUDITORIUM (Organised by Continuing Legal Education & IT Sub Committee) Mr. Tuan Haji Nordin Yusof, a member of Selangor Bar accepted our invitation to conduct a half day seminar on 27 th May 2011. 42. Participants including members and non-members of the Bar attended the seminar which was held at the Johore Bar Auditorium. 58 INFO JOHORE BAR JULY 2011

TALK ON BASIC CONVEYANCING ON 15 TH JULY 2011 AT CLASSIC HOTEL, MUAR (Organised by Continuing Legal Education & IT Sub Committee) It was our first seminar in Muar after quite a number of years and we are pleased to report that the seminar was a successful event. Mr. Andrew Wong, a senior member of Johore Bar has agreed to share his valuable experiences in the practice with the 82 attendees on that day. ELEVATION DINNER IN HONOUR OF Y.A. DATO HUE SIEW KHENG ON Y.A. ELEVATION AS A JUDGE OF HIGH COURT OF MALAYA ON 22 ND JUNE 2011 AT PUTERI PACIFIC HOTEL, JOHOR BAHRU (Organised by Social, Charity & Welfare Sub Committee) INFO JOHORE BAR JULY 2011 59

ELEVATION DINNER IN HONOUR OF Y.A. DATO HUE SIEW KHENG ON Y.A. ELEVATION AS A JUDGE OF HIGH COURT OF MALAYA ON 22 ND JUNE 2011 AT PUTERI PACIFIC HOTEL, JOHOR BAHRU (Organised by Social, Charity & Welfare Sub Committee) THE JOHORE BAR BOWLING TOURNAMENT 2011 (Organised by Sports Sub Committee) The Sports Sub Committee organised the bowling tournament on 2.7.2011 at the Danga Bowl Centre, Danga City Mall, Johor Bahru. Fourteen teams took part including two teams from the Courts. Each team comprised minimum of one member of the Bar except for the two teams from the Courts. Trophy and prizes were given for the 1 st, 2 nd, 3 rd team and also for the top bowler in the tournament. The tournament was won by the team from M/s Lim & Hooi. The Courts team won 2 nd place and the team led by Nas Idalina took 3 rd placing. The top bowler prize was won by Ms Lim Chi Hou from M/s Lim & Hooi. 5 TH JOHORE BAR FUTSAL TOURNAMENT 2011 (Organised by Sports Sub Committee) The Sports Sub Committee organised the annual futsal tournament on 9.7.2011 at the C.T Café & Sports Arena, Johor Bahru. Six teams took part including a team from the Courts. Each team comprised minimum five members of the Bar except for the team from the Courts. The tournament was won by the team from M/s Othman Hashim & Co. They were the defending champions and retained the trophy for the 2 nd time. Second place was won by Kum Kum FC led by En. Tarmizi and 3 rd placing went to the Courts team whereas 4 th placing was won by the team Besi 2.0 led by En. Haris. The awards: Top Scorer En. Aziuddin (M/s Othman Hashim & Co.) Best Goalkeeper En. Hafiz (Court s team) Best Team Manager Puan Yusnida (Besi 2.0) 60 INFO JOHORE BAR JULY 2011

5 TH JOHORE BAR FUTSAL TOURNAMENT 2011 ON 9 TH JULY 2011 AT C.T. CAFÉ & SPORTS ARENA, JOHOR BAHRU (Organised by Sports Sub Committee) JOHORE BAR BENCH GAMES 2011 ON 22 ND 23 RD JULY 2011 AT JOHOR BAHRU (Organised by Sports Sub Committee) INFO JOHORE BAR JULY 2011 61

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