The
Malaysian Bar commends Minister in the Prime Minister’s Department
Dato’ Seri Mohamed Nazri Abdul Aziz’s reported announcement that the
Government will look into establishing “an independent law reform
commission to review and modernise archaic laws in the country”. This
echoes a similar announcement made by the Deputy Minister in the Prime
Minister’s Department, Datuk Liew Vui Keong, on 8 November 2011.
The
Malaysian Bar has repeatedly called for the establishment of an
independent law reform commission that would undertake research, public
consultations and legal policy development, and make recommendations to
the Parliament, without fear or favour.
Malaysia
only needs to look to the New South Wales Law Commission in Australia,
the Australian Law Reform Commission and the English Law Commission for
model legislation and set-up.
The
Malaysian Bar also welcomes the Minister’s reported statement that the
commission will comprise “people from all walks of life”. In our press
release of 14 December 2011, we had applauded Datuk Liew Vui Keong’s
reported announcement that the composition of the commission would
include “retired or serving federal court judges, retired or serving law
professors, experts or specialists on law, senior and experienced
lawyers as well as senior members of the civil society.”
The
Malaysian Bar expresses the hope that the words of the Minister, and
the Deputy Minister before him, are not merely “feel-good” rhetoric
uttered ahead of a much-anticipated general election. The issue of law
reform is too critical and too pressing to be used as a political
gimmick to garner votes and electoral support. If the Malaysian
Government is genuine and has the political will to fulfil its stated
desire, then the Malaysian Bar would be more than willing to assist and
play an active role in the process of forming and participating in this
long overdue law reform commission.
Lim Chee Wee
President
Malaysian Bar
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