2. In October 1977, in response to the government introducing the Essential (Security Cases) Regulations 1975 ("ESCAR"), the Malaysian Bar passed a resolution at an Extraordinary General Meeting criticising ESCAR as laws that " were manifestly unfair and unjust as to offend the conscience of all good men" and also advised its members not to appear for accused tried under the laws in protest of the same on the premise that an accused under ESCAR would be denied a fair trial notwithstanding provision for presence of counsel.
3. The government in response to the criticism of the Bar, introduced the Legal Profession (Amendment) Bill 1977 which allowed the Attorney-General to admit foreign lawyers, increased the quorum requirements of general meetings of the Bar to 1/5 of its membership and automatically disqualified certain classes of lawyers from holding office in the Bar Council, the State Bar Committees and their sub-committees.
4. The Bar Council after attempting and failing to dissuade the government from passing the Bill, in discussions held with the government and the then attorney-general, issued a press statement objecting to the amendments.
5. The amendments proposed by the bill came into force in early 1978. In response to the Legal Profession (Amendment) Act, at the Annual General Meeting of the Malaysian Bar in February, 1978 the Malaysian Bar passed a resolution expressing regret at the government's insistence in passing the Legal Profession (Amendment) Bill 1977 , "without making proper enquiries as to its allegation that the bar is being influenced by practitioners of less than seven years' standing or who are politically motivated" , "with the clear and wholly unworthy intention of muzzling the Malaysian Bar". The amendments were opposed, inter alia, on grounds that they imposed restrictions on the Bar to choose its own leaders and impeded the independence of the Bar.
6. By virtue of the passing of the Legal Profession (Amendment) Bill 1977, section 46A of the Legal Profession Act came into being disqualifying the following lawyers from holding office in the Bar Council, State Bar Committees and/or Committees of these :-
7. The Malaysian Bar retaliated and at its 32nd Annual General Meeting on 3 February 1978 passed a resolution criticizing section 46A ("1978 Resolution").
8. At the end of 1978, ESCAR was declared ultra vires by the Privy Council. It was resurrected subsequently as an Act of Parliament.
9. In a stronger resolution passed on 23 March 2002, the Malaysian Bar affirmed the 1978 Resolution and directing the Bar Council to immediately take steps to call for and campaign for the repeal of sections 46A and other amendments introduced by the Legal Profession (Amendment) Bill, 1977 which affects the independence of the Bar and hinder the ability of the Bar to govern itself.
10. By virtue of section 46A, the Malaysian Bar lost some its independence especially when it came to the choosing of its leaders. By keeping out young lawyers from the leadership of the Malaysian Bar, the government hoped to silence the Malaysian Bar and suppress its purpose of upholding the cause of justice without fear or favour. Section 46A, which excluded "young lawyers" from the leadership of the Malaysian Bar, indirectly branded senior lawyers as being "less progressive", "less radical" and as being persons less likely to take up the cause of justice without fear or favour.
11. But alas young lawyers, although not able to be in the Bar Council, State Bar Committees and/or its various committees have over the years still continued to stand up for the cause of justice without fear or favour. The more recent examples are:-
12. Over the past 7 over years, young lawyers have been fighting for greater recognition and greater participation in the decision making processes of the Malaysian Bar at all levels. This brought about the setting up of Young Lawyers Committees, first at the Kuala Lumpur Bar, and then through a resolution at the level of the Bar Council. The Bar Council, still "fearful" of the consequences of violating the law formed the National Young Lawyers Committee but it was headed by a senior lawyer and the committee was officially comprised of members who were senior lawyers. Young lawyers were represented by the reps from all the State Bars but only sati in as mere observers.
13. At the Bar Council's 1st National Young Lawyers' Convention in Cherating, Kuantan, on 6th April 2003, a call was again made by the 200 young lawyers who attended the convention for the repeal of section 46A. These Young Lawyers also called on the Malaysian Bar, the Bar Council and all State Bar Committees to disregard the restrictions of the section 46A and to admit young lawyers into the committees of the Malaysian Bar and the State Bars. This call was made on the basis that unjust or unfair, arbitrary laws should not be obeyed or followed. In other words, "civil disobedience". Sadly, the Bar Council does not endorse that part of the resolution that called for the ignoring of section 46A and the admittance of young lawyers into the Bar Council and its committees.
14. On 5th September 2003, the Young Lawyers are launching a nationwide campaign for the "REPEAL SECTION 46A LEGAL PROFESSION ACT, 1976"
MALAYSIAN BAR'S NATIONWIDE ROADSHOW ON THE HISTORY AND STRUGGLES OF THE BARKUALA LUMPUR BAR LAUNCH ON 5 SEPTEMBER 2003
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ABOLISH ALL PREVENTIVE DETENTION LAWS IN MALAYSIA
WE WANT THE RIGHT TO ONE PHONE CALL WHEN ARRESTED IN MALAYSIA
WE WANT THE RIGHT OF ACCESS TO A LAWYER IMMEDIATELY AFTER ARREST BY THE POLICE
REMOVE THE "RIGHTS VIOLATING SHACKLES" FROM MALAYSIAN LAWYERS, INCLUDING THE PROVISIONS THAT RESTRICTS LAWYERS BELOW 7 YEARS FROM HOLDING OFFICE AND/OR PARTICIPATING IN ANY COMMITTEES/SUB-COMMITTEES OF THE MALAYSIAN BAR AT ALL LEVELS
ABOLISH DEATH PENALTY IN MALAYSIA
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