Malaysian Bar president Steven Thiru has warned of a severe threat against the independence of the Bar as Putrajaya plans drastic changes to the Legal Profession Act 1976.

Among the changes include granting the minister in charge of legal affairs powers to appoint two members of the Bar into the Bar Council, who will represent the government.

However, the duo will not be eligible to contest positions as office bearers in the Malaysian Bar, namely as president, vice-president, secretary or treasurer.

The minister in charge of legal affairs, Thiru added, would also be empowered to make rules and regulations in respect of the conduct of the elections to the Bar Council and of the office bearers of the Bar.

"In its wide sweep, the proposed amendments pose a serious threat to the independence of the Malaysian Bar, and are an unwarranted interference into the self-regulation and internal management of the Malaysian Bar.

"There is no cogent or justifiable basis for these proposed amendments, and its underlying objective is unclear.

"It has been observed that 'the independence of the Bar from the state in all of its pervasive manifestations is one of the hallmarks of a free society'.

"The Bar Council has expressed grave reservations to the proposed amendments," Thiru said.

Memo submitted to AG's Chambers

He said a preliminary memorandum had been submitted to the Attorney-General's Chambers to express concern and a further memorandum may be submitted after consultation with members of the Bar.

"In this regard, we have begun consulting the state Bar committees and the members of the Bar in the various states on the proposed amendments.

"The first consultative briefing was conducted in Malacca on May 26, and the next one will be conducted in Kelantan on May 29.

"The Bar Council is also formulating a broad-based plan of action to address the proposed amendments. We will notify members as and when there are developments," Thiru said.

Other proposed changes to the Legal Profession Act include:

1. Quorum needed for a general meeting to be increased from 500 members to 4,000 members or 25 percent of the Malaysian Bar's 17,000 membership, whichever lower.

2. Quorum requirement for state Bar general meetings increased to be from five percent to 25 percent.

3. Members of the Bar Council to be increased from 38 to 40.

4. Annual election by postal vote by members of the Malaysian Bar for 12 members of the Bar Council to be abolished.

5. Instead, election would be conducted every two years at the state Bar level where the state Bar committee chairperson and two representatives will be elected to the Bar Council, totalling 36 members. Remaining four members to comprise of the immediate former Malaysian Bar president, immediate former vice-president, and two appointed by the government.

6. Annual election of the Malaysian Bar office bearers by secret ballot at first Bar Council meeting of each term to be abolished and office bearers will instead be elected directly by Malaysian Bar members at the annual general assembly or the premises of the state Bar committees.

7. Only the 24 members elected as state Bar representatives at the annual general meetings of the state Bars are eligible to be elected as office bearers. The immediate past president, immediate past vice-president, and 12 chairpersons of the state Bar committees are expressly precluded from contesting any office-bearer position.

8. The office bearers of the Bar and the members of the Bar Council would serve for a fixed term of two years, instead of the current one-year term.