[ Laman Ehwal Semasa ReformIS ]
Date: 27 Aug 1999
Time: 22:43:31
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M'sian Bar reiterates objection to foreigners
KUALA LUMPUR: The Bar Council reiterated its stand for a repeal of legal provisions which allow the Attorney-General to admit foreign lawyers into practice.
Malaysian Bar vice-president Mah Weng Kwai said this when commenting on the gazetting of guidelines for the issuance of special admission certificates to foreigners or Malaysians who have not been called to the Malaysian Bar.
The guidelines, gazetted on Aug 19, were drafted by the A-G's Chambers.
Part IIA of Legal Profession Act, 1976, enacted in 1978, was only enforced on Feb 1.
Part IIA empowers the A-G to issue the special certificates.
The New Straits Times reported yesterday that the guidelines do not allow these persons to set up practice.
They must be either a consultant, partner or employee of a low firm, or consultant of employee of the Government.
The prospective employer must show that efforts had been made to obtain a Malaysian lawyer with similar qualifications and experience but were unsuccessful.
The guidelines also state that lawyers holding special certificates will be subject to the Legal Profession Act and that the Bar Council will be consulted before any certificate is issued.
Commenting on the guidelines, Mah said the council was concerned that they did not state how long a certificate would be valid or how many times it could be renewed.
He said as a foreign lawyer was allowed to be hired as an employee or partner of a law firm, this implied long-term employment.
"This is definitely a matter of concern," Mah added.
He said while the council welcomed the A-G's promise to consult it before issuing a certificate, it also wanted to be consulted before any certificate was renewed.
Mah said it was good the guidelines stated that foreign lawyers would be subjected to the disciplinary provisions of the Legal Profession Act and Bar Council rulings.