Malaysian law students are gravely concerned over the proposal by the Malaysian government to amend several provisions of the Legal Profession Act 1976 (‘LPA’).

These proposed amendments are scheduled to be tabled in the Dewan Rakyat during the next Parliamentary session to be held from 17 October to 24 November 2016. It is pertinent to note that the Bar Council neither requested for these amendments, nor was it ever consulted at any stage.

These proposed amendments will empower the minister in charge of legal affairs to appoint two members of the Bar to the Bar Council with the obligation to report to the government.

It is submitted that this duty to report will ultimately be in breach of the LPA which requires that Bar Council meetings be kept confidential.

The amendments will also allow the minister to, amongst others, increase the quorum of the general meeting of the Malaysian Bar from 500 to 4,000 members (or 25 percent of its total members - whichever is lower) and to determine the electoral rules and regulations of the Malaysian Bar.

The proposed quorum is relatively unreasonable and unrealistic. This is because the highest turnout for any Bar Annual General Meetings (AGM) has at the most been a mere 1,910 members from a total of 17,049 members. Furthermore, the financial burden to meet the proposed quorum would be unduly onerous.

Allow us also to bring to your attention Article 24 of the United Nations Basic Principles on the Role of Lawyers. It emphasises that an executive body of a professional association shall be elected by its members, and shall exercise its functions without external interference. Article 24 essentially requires the government to ensure that lawyers can perform all their professional functions without intimidation, hindrance, harassment or improper interference.

Thus, the interference by the executive branch of government into the affairs of Malaysian Bar is clearly unacceptable.

As law students, we humbly stress the need to abide by the doctrine of separation of powers between the three branches of government i.e. between the executive, legislative and judicial branches. This move by the executive branch of government to curtail and interfere with the independence of the Bar Council is therefore in clear violation of the spirit of that doctrine.

As future members of the legal fraternity, we as law students find it necessary to voice our concerns. We strive to build a nation where the rule of law is always upheld. The rule of law, and the independence of the legal profession are universal values which ought to be respected in all levels of society. Let us continue to speak as the voice of conscience against those who would undermine legal profession so as to compromise democracy and the rule of law.

We, law students from Universiti Malaya stand in solidarity with the Malaysian Bar and strongly urge the government to reconsider the viability of these proposed proposed amendments as they are wholly inconsistent with the idea of an independent Malaysian Bar, the rule of law, and the basic notion of democracy.

NG SENG YI is president, Universiti Malaya Law Society (UM Law Society).