Advocates' Association of Sarawak
The Gala Dinner of The Advocates Association of Sarawak Kuching Branch PDF Print E-mail
Written by Nurul Asyqin   
Wednesday, 21 October 2015 09:09

To all Members of the Sarawak Bar

Kindly be informed that AAS Kuching Branch is organising a Gala Dinner, the particulars of which are as follows:

Theme  :  Oscar Nite

Venue  :  Rooms 12 & 13
               Borneo Convention Centre Kuching

Date    :  Saturday 28th November 2015

Time    :  7.15 p.m.

Attire    : Black Tie

Ticket  :  RM110.00 [member]
              RM150.00 [non-member & member's spouse/partner]

For those who are interested to attend, please register with the Bar Room.

The Advocates Association of Sarawak
Bar Room
Kompleks Mahkamah
Jalan Gersik, Petra Jaya
93050 Kuching
Tel : 082-448077    Fax : 082-449427

Last Updated on Wednesday, 21 October 2015 09:44
The Press Release of The Advocates Association of Sarawak dated 27 May 2015 PDF Print E-mail
Written by Nurul Asyqin   
Thursday, 28 May 2015 04:32


27 May 2015

“A Lawyer’s Duties Are Always in the Interest of the Public.”

The Advocates Association of Sarawak issues this press release in response to the recent article in the Borneo Post published on 17 May 2015 entitled “Lawyers Reminded Not To Be Self-Centered” which reported statements allegedly made by Minister in the Prime Minister’s Department Hajjah Nancy Shukri on 16 May 2015. The statements were in respect of the Court of Appeal’s recent acquittal of Mr Bunya Jalong of rape charges allegedly committed in 2011. The Minister’s statements have since been widely circulated in the national media.

The newspaper article reported the Minister as reminding lawyers not to be self-centered when dealing with cases involving minors. She was reported as saying, “When you talk about law, everyone must remember that the law is meant for all of us. Lawyers must not just think of their client, they must take public interest into consideration.” “At the back of your mind, you must have life values”.

The Association, its members and legal practitioners in general are disappointed with the Minister’s statements in the article. They are unfair and sadly evince a fundamental lack of awareness of the role of advocates in any democratic system of justice. More worryingly, such statements only cause confusion in the public’s understanding of our legal system and their expectations of lawyers.

Malaysia practices an adversarial system of law. Two lawyers argue and represent their respective client’s position before a judge or judges who must then decide in favour of one party over the other based on the strength of their facts and the position of the law.  In a criminal trial (as opposed to a civil matter), the person whose fate the Court must decide is the one accused by the State of violating the law. He or she must face the full might and resources that the State can bring to bear against him/her in Court. The Accused person is presumed to be innocent until proven guilty and the Prosecution bears the burden to prove guilt beyond a reasonable doubt.

What stand between him and the State are his rights as enshrined in the Federal Constitution and his defense counsel who must seek to enforce his client’s rights. Article 8 of the Federal Constitution provides that every citizen is equal before the law. Every citizen is also offered protection by the law equally. And his defense counsel will fight for him in seeking that equal treatment and protection; putting forward within the strict confines of the law and ethics, the relevant facts, evidence and legal arguments that will persuade the Court to favour his client.

Our society may despise rapists, robbers and murderers but it is not for the lawyer to take it upon himself to decide who is worthy of legal representation and who is not. It is not for the lawyer to play the role of the Judge, to pass judgment or deny a citizen his right to the law’s protection based on society’s stereotypes and prejudices. How else are those who society deems as unpopular to get legal representation if lawyers only act for clients whose views they agree with?

The lawyer who chooses to represent those who our society reviles is not self-centered or devoid of life values. Very much to the contrary, he is selfless. He has the public interest at heart. He plays his role in serving the democratic process and ensuring all citizens up against the State, its machinery and its resources have a chance at a fair hearing. It is his hard work in fighting for his client, laying out a robust defense that will enable judges to execute their duties in investigating the facts and merits of the case, and ultimately ensuring that justice is done.

Each time a lawyer rises in Court to defend an Accused, he demonstrates his commitment to the Rule of Law. He ensures there is due process. It is every lawyer’s shared belief that the common good is served when every citizen is guaranteed a fair trial. These are our life values and they are at the forefront of what we do each day.

It is the duty of our elected representatives in the Legislature to pass laws that reflect our society’s values. The Courts then ensure that justice is dispensed in accordance with such laws. These roles cannot be reversed. It is neither for the Court nor the defense to play the role of law-maker and make new laws through judicial means. This would be to usurp the role of the Legislature.

Instead of criticizing the legal fraternity, the real agenda today must be to review the laws on sexual offences and to set in motion legislative reforms. Mr Bunya Jalong’s acquittal stems from loopholes in our existing laws in relation to the definition of rape and what appear to be inappropriate charges being preferred against the Accused, not from an unethical devious defense mounted by his defense counsel. Both the Court of Appeal and the defense merely executed their duties in accordance with the law as it stands.

If anything, the widespread public outrage at Mr Bunya Jalong’s acquittal shows that it is time for legislative reform of rape laws. There are flaws in our laws and we must address them in order to protect children’s and victims’ rights. The coming reforms, if and when they materialise, must relook the traditional definition of rape as forcible penile penetration and broaden it to cover any act against either male or female that involves any oral, vaginal or anal penetration by any object or body part. It is rape if it occurs without consent.

The Advocates Association of Sarawak invites the Honourable Minister to engage us. We always stand ready to offer our constructive views and feedback on all legal matters of public interest.

                    Leonard David Shim
                         Central Committee
     The Advocates Association of Sarawak

Download this file (AAS Media Release dated 27 May 2015.pdf)AAS Press Release dated 27 May 2015[ ]40 Kb
Last Updated on Friday, 29 May 2015 04:32
Dinner PDF Print E-mail
Written by Nurul Asyqin   
Thursday, 30 April 2015 10:48


 Kindly be informed that the association is organising a dinner for the Court of Appeal judges and Farewell Dinner for Y.A. Datuk Linton Albert and Y.A. Datuk Abdul Wahab Bin Patail, the particulars of which are as follows :-



 Date:  7th May 2015 (THURSDAY)

 Time:  7:30 p.m.

 Cost:   RM90.00 [Member/Spouse]

            RM100.00 [Non-member]

 Attire:  Smart Casual [No T-Shirt and Jeans]

Kindly confirm your attendance with Ms. Naomi at 082-448077 latest by 6th May 2015 at 12:00 p.m.


Download this file (Notice of Dinner.pdf)Notice of Farewell Dinner[ ]55 Kb
Last Updated on Thursday, 30 April 2015 10:58
Written by Administrator   
Tuesday, 16 December 2014 08:52

Please be informed that Malaysian Current Law Journal Sdn Bhd (‘MCLJ’) is organising a Seminar on “The Companies Bill 2013: Key Changes to the Corporate Landscape in Malaysia”.

The aforesaid Seminar will take place on Friday, 16th January, 2015 at Pullman Hotel, Kuching.

The relevant Brochure (with Registration Form) is downloadable below.

Please note that Members of the Association are entitled to a special promotional price of RM850.00 (RM200.00 off the normal price of RM1,050.00).

For those who are interested to attend the Seminar, kindly fill up the attached Registration Form and submit the same together with payment directly to MCLJ.

Last Updated on Tuesday, 16 December 2014 08:58
Opening of the Legal Year 2015 for Sabah & Sarawak in Kota Kinabalu, Sabah PDF Print E-mail
Written by Administrator   
Thursday, 13 November 2014 07:51
The Opening of the Legal Year 2015 for Sabah & Sarawak will be held at
the Kota Kinabalu High Court, Sabah on Friday, 23 January 2015.

Various events have been planned, such as:

1. OLY2015 Welcoming Cocktail Reception
Venue: Grandis Hotel, Suria Sabah
Date: 22 January 2015 (Thursday)
Time: 6:30PM
Dress Code: Smart Casual

2. OLY2015 March
Venue: DBKK Community Hall
Date: 23 January 2015 (Friday)
Time: 7.00AM
Dress Code: Full Court Attire

3. OLY2015 Closing Dinner
Venue: Grand Ballroom, Magellan Sutera
Date: 23 January 2015
Time: 7.00PM
Theme: "Justice League"
Dress Code: Superheroes/Smart Casual
Fee: RM150.00 / RM100.00 (Additional Guest)

The following documents (attached) may be downloaded:

1. Official Letter from the Registrar of the High Court, Sabah & Sarawak
2. Official Letter from the Sabah Law Association
3. Registration Form for OLY2015
4. Sponsorship/Advertisement Form for Souvenir Magazine
5. Room Reservation Form - Sutera Harbour Resort
6. Room Reservation Form - Horizon Hotel

YAA CJSS has granted his permission for advertisements in the Souvenir
Magazine. We hope members can, besides participating, also offer their
support by sponsoring an ad in the magazine. Firms that take up a full
colour page of advertisement will receive 4 complimentary tickets to the
OLY2015 Closing Dinner.

Please make early arrangements for your travel and accommodation. If you
have any questions, please contact the Organising Chairpersons - Ms Salmi
(013 803 5532) and Ms Vanessa Marimuttu (016 849 6771).

Thank you.
Last Updated on Thursday, 13 November 2014 08:01
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