In the January/February issue of Infoline (newsletter of the Malaysian Bar), there is a letter by Param Cumaraswamy to the Bar Council chairperson proposing a formal code of conduct for its members.

This proposal from Param who is also the UN Special Rapporteur on the Independence of the Judiciary and a former chairperson of the Bar, came about after The Star (Feb 28) report on the 700 lawyers who have no valid practising certificates. The report, according to Params letter, was based on a statement by the last Penang Bar chairperson and released to the press.

What brought about Param's wrath and apparently also unhappiness in last Saturday's Bar annual general meeting was the revelation that one of the 700 lawyers included a past Bar chair.

While it is usual for members of a profession to resolve internal matters on regulating conduct and discipline, it is somewhat troubling if the Bar would insist on censoring its members or council members from right of speech which includes speaking to the press on any matter which is of public interest. Lawyers should be, I thought, the last people to be quick to compromise the principle of the right to information.

If the Bar purports to act without fear or favour, the proposal to censor speech by lawyers even on a matter which may appear 'sensitive' to the profession as a whole is just not good precedent. I trust there are some lawyers out there who would agree to this conclusion albeit 'disabled' by an informal censorship rule from speaking out.