It is no longer compulsory for lawyers to be a member of the Law Academy under the new version of the proposed bill to establish the controversial institution.

In a surprise move, the Prime Minister's Department today re-tabled a revised version of the Academy of Law Bill - with several significant changes made - for its first reading in Parliament today.

The bill was withdrawn last year despite having pass through its first reading in the Dewan Rakyat following strong protests from the Bar Council, which had called an extraordinary general meeting of the 10,000-strong legal body to discuss the matter.

The EGM, held last May, unanimously voted against the bill because the Law Academy's compulsory membership of lawyers infringed their right to freedom of association.

According to the Bar Council, the bill also usurps the functions and powers of the Malaysian Bar under the Legal Profession Act 1976, and ignores the Bar's powers and duty to regulate its own affairs, thereby undermining its independence.

It has threatened to file a suit challenging the constitutionality of the bill.

The bill, now known as 'Malaysian Academy of Law Bill 2003', was tabled by Deputy Minister in the PM's Department M Kayveas this morning and was seconded by Finance Ministry Parliamentary Secretary Hashim Ismail.

The academy, first mooted by the de facto law minister Rais Yatim in 2000, is aimed to inculcate a strong collegiate feeling as well as to impose high standards of professional ethics and higher legal standards.

The academy will be a place for everyone involved in the legal fraternity - judges, legal practitioners, academics and law graduates - to congregate and have their own programmes with scholarships, internship and welfare as well as a venue for them to discuss the ever changing legal issues.

No consultation needed

Among other changes in the new bill include on matters relating to the functions of the academy, its membership and the composition of the academy's senate.

When the bill was first proposed last year, the government argued that the academy was to "promote and maintain high standards of conduct and learning" of lawyers.

However, this clause was omitted from the latest version of the bill. Another two clauses concerning the functions of the academy were also removed.

Under the new bill, the academy can act on its own without having to consult other legal bodies as was the case previously.

In the original version, the academy was to consider proposals and suggestions on matters relating to the judiciary and legal services from bodies such as the Legal Practitioner Qualifying Board, Bar Council, Sabah Law Association, Advocates' Association of Sarawak and law faculties.

The academy also now need not refer its own proposals and suggestions to these legal bodies for feedback.

In addition, the academy is no longer empowered to provide training and educational facilities for law practitioners.

The management of the academy affairs and properties will be carried out by a senate consisting of 11 members.

The senate, instead of being chaired by the chief justice as proposed previously, can now be headed by a judge who is nominated by the chief justice.

Other members sitting on the senate are the attorney-general or an officer nominated by him, the finance ministry secretary-general or his nominee, one representative each from the Bar Council, Sabah Law Association, Sarawak Advocates' Associations, the dean of law faculty and four other persons appointed by the minister.

There will be no compulsion for lawyers to become academy members.

Stipulated in section 13 of the current bill, "every person who is qualified person or a legal officer may apply to become an ordinary member of the academy unless he is disqualified from being a member under section 15 or his membership has been terminated under section 17."

Membership streamlined

Other notable changes include the streamlining in the requirement for membership in the academy, by slashing the original four membership categories to two.

The two categories are honorary members - those appointed by the senate - and ordinary members, which refers to legal officers, advocates and solicitors.

The other two categories which have been dropped, are 'fellows of academy' - a category comprising judges - and associate membership for those non-legal graduates but who are undergoing a course of instruction prescribed by the qualifying board or a final-year law student.

However, judges can still be appointed by the senate as honorary members.

Academy members are required to pay an annual subscription and their membership could be terminated for a number of reasons.

These include those who have been dismissed from service for misconduct or convicted an offence involving fraud or dishonesty.

Under the new bill, the senate has to submit an annual report and its financial statement to Parliament. The earlier proposal only required the academy to send its financial statement to its members.

When contacted, Bar Council vice-president Yeo Yang Poh said he was not aware of the changes to the bill.

"We are not aware beforehand until the bill was tabled in Parliament this morning," he said.

The council has earlier submitted a memorandum containing a slew of counter-proposals to the PM's Department. However, it has yet to receive a response from the ministry.