Thursday, October 26, 2017

Long Call - Chua Jo Ann

LONG CALL SPEECH - CHUA JO ANN

Dengan izin Yang Arif,

Saya Goh Siu Lin, mewakili pihak Pempetisyen. Rakan-rakan bijaksana saya yang mewakili Peguam Negara Malaysia, Majlis Peguam Malaysia dan Jawatankuasa Peguam Kuala Lumpur telahpun diperkenalkan kepada Yang Arif sebelum ini. Dengan izin Yang Arif, saya memohon kebenaran Mahkamah Yang Mulia ini untuk meneruskan hujahan saya dalam Bahasa Inggeris. 
———————————-
My Lady,
The Petitioner was born in 1991 in Seremban and is the youngest of three children, born to Mr. Chua Kuang Chai and Mdm Margaret Ho Bee Leng.(Introduce parents)

The Petitioner read law under the University of London External programme, graduating with honours in October 2013. She then proceeded to the dreaded CLP which she completed in 2015. She then had the honour of doing her pupillage under the tutelage of my dear friend, Mr. Vincent Chan Siew Onn of Messrs Abdullah Chan & Co. During this time, the Petitioner was exposed to the legal intricacies of corporate transactions, closely guided by her Master who monitors her professional development. He is also uncompromising on professional ethics and emphasizes the importance inculcating inter-personal skills.  The Petitioner’s Master confirms that she has a positive attitude to work, is conscientious and dependable. Such qualities that would place her in good stead for her future career. 

On this special day, the Petitioner would like to express her love and gratitude to her parents and siblings for their unconditional love and guidance.  She acknowledges that her parents' financial sacrifice has enabled her to be the first in her family to enter the legal profession.

The Petitioner would also like to record her utmost appreciation to her master, Mr Vincent Chan Siew Onn for his guidance and invaluable advice, for which she says has been a privilege. To all the partners, associates and employees of Messrs Abdullah Chan & Co, her friends (Azrin, Li Ying, Sweet Yin, Mei Wee, Michelle Chong, Yik Yee, Jon, Cheng Wei) whose laughter, support and friendship have sustained her all these years. She is truly grateful to everyone who have made time to witness and share this joyful occasion.


The Petitioner may not realise this yet, but legal practice is very much like running a series of marathons.
In order to run a marathon, you need two overarching goals to motivate and sustain you. 

Process goals and Outcome goals.

Process goals means focus on mastering a task and increasing your skill level. Examples include following a training schedule, learning about training principles.
Whereas Outcome goals relate to the goals you hope to accomplish in the marathon. Examples include running faster, defeating a rival. 
As said by Emil Zatopek: 
“If you want to run, run a mile.
If you want to experience a different life,
run a marathon
.”
However, in practice, to be at the top of your profession, skills and results alone are insufficient. 
Integrity and good character are key. 
This is well put by Matt Labrum:

Good character is more to be praised than outstanding talent. Most talents are, to some extent, a gift. Good character, by contrast, is not given to us. We have to build it, piece by piece - by thought, by choice, courage, and determination.” 

To this I add, good character is in some part, created in the service of others. 

I therefore encourage the Petitioner to participate or offer her services to many committees of the Kuala Lumpur Bar Committee and Malaysian Bar and to become a member of the Association of Women Lawyers. 

My Lady,

I humbly submit that the Petitioner is of good character and attitude, and so, worthy of admission to the Bar. I believe the Petitioner’s papers are in order and there are not objections from my learned friends from the AG’s Chambers, Bar Council and KL Bar Committee 

I humbly pray that the Petitioner, Chua Jo Ann be admitted and enrolled as an advocate and solicitor to the High Court of Malaya.

I seek leave from this Honourable Court to invite my learned friend, Mr. Vincent Chan Siew Onn, the Petitioner’s pupil master to robe the Petitioner.


Friday, June 23, 2017

NGOs laud launch, suggest mobile courts for interior areas


Extracted from: http://www.thestar.com.my/news/nation/2017/06/23/ngos-laud-launch-suggest-mobile-courts-for-interior-areas/

Friday, 23 June 2017

NGOs laud launch, suggest mobile courts for interior areas

 
samantha@thestar.com.my
PUTRAJAYA: The launch of the new Special Criminal Court on sexual crimes against children has been lauded by child rights activists. 
Child rights lawyer and advocate Goh Siu Lin said the speed at which the court was set up showed the Government’s commitment in addressing sexual crimes involving minors. 
Goh, who is also the Kuala Lumpur Bar chairman, suggested setting up mobile courts with the necessary technological infrastructure to reach out to those in the interior areas.
Non-governmental organisation Voice of the Children lawyer and president of child advocacy Sharmila Sekaran echoed the suggestion and said while the new court was located in Putrajaya, the Government must also consider states like Terengganu, Sabah, and Sarawak where certain areas are difficult to access. 
“Some states are large so if there is only one court then it may be difficult for the child, who may end up spending more than an hour travelling,” Sharmila said.
During the launch yesterday, Prime Minister Datuk Seri Najib Tun Razak said the special court will be set up in stages in other states. 
Penang Women’s Centre for Change senior advocacy officer Melissa Mohd Akhir said the new court was true to the recommendations of the Convention of the Rights of the Child and the Committee on the Elimination of Discrimination against Women.
“It is a huge milestone and should be consistently applied all over Malaysia,” she added.
She also applauded the facilities used to ensure that the child is protected from seeing the accused. 
“The video link facility ensures that the child does not see the accused. In previous cases that we handled, the children have responded well to it.
“More importantly, the courts should have specialised judges and prosecutors, and also good support services for child witnesses. We need to remind ourselves that the child is the centre,” she added. 
Bukit Aman Sexual, Women and Child Investigation Division (D11) assistant principal director Asst Comm Ong Chin Lan said the court was a sign of progress for the criminal justice system and the rights of the children. 
“It shows the child’s welfare has been taken into consideration,” he said.
Read more at http://www.thestar.com.my/news/nation/2017/06/23/ngos-laud-launch-suggest-mobile-courts-for-interior-areas/#VKrhg3Ao4uZKa7kz.99

Tuesday, June 6, 2017

GENDER AND LEADERSHIP CONFERENCE 2017: LEADERSHIP KNOWS NO GENDER.

http://unmcignite.com/gender-and-leadership-conference-2017-leadership-knows-no-gender/

GENDER AND LEADERSHIP CONFERENCE 2017: LEADERSHIP KNOWS NO GENDER.

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SEMENYIH: On 31st March a Gender and Leadership Conference, ‘Leadership Knows No Gender’, was held in room F1A11. The event went on from 9 AM to 12 PM, involving a quality line-up of four influential speakers. It was organised by four students enrolled in the NAA module, Gender and Leadership; in collaboration with Gender Equality in Nottingham (GEN). Furthermore, it seems that this conference is especially timely as the next SA President for the 2017/18 term is Tormalli Vigilia Francis, who will be the second female SA President of UNMC.
The event began with an opening speech from Professor Rozillini Mary Fernandes, who gave an inspirational introduction to female leadership. She then stressed the importance of women in policy-making roles. According to her, despite female constituting 50% of the world population, only 22% of global parliamentarians are women. She says:
“There is still some long way to go for us to achieve that level of 50 percent, but if we can achieve 50% parliamentarians, I don’t think we will have this [gender] debate anymore because policies do make a lot of difference.”

Tony Pua, Member of Parliament for Petaling Jaya Utara

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MP Tony Pua. Photograph by Foo Jing Wern
The first speaker of the day was MP Tony Pua. His speech was concerning the minimal involvement of Malaysian women in political issues. With the rhetoric of a politician, his beginning account was persuasive:
“Let me perhaps start off my not-too-long speech by highlighting the fact that it is a little sad – it’s not just here, it’s everywhere – when it comes to gender issues, women issues, you see maybe 10% men and 90% women.”
He then suggested that the difficulties women face during participation in politics include religious conservatism, patriarchal dominance and traditional ideas in the family. However, while he admitted that religious conservatism is one of the toughest boundaries to achieving gender equality in political leadership, he did not directly address it because he says it is “very sensitive” in the Malaysian context.
Pua argues that male dominance in society originates from ancient civilisation because physical strength was the primary source of survival at the time. However, he says that physical strength is no longer crucially important in modern society. He adds that:
“Going forward, strength doesn’t get you anywhere anymore, other than winning Olympic medals. You don’t need strength to run computer systems, you do not need physical strength to run a country, you do not need speed to get from one place to another because you can drive your car or sit in a plane […] and that’s something that gives a huge leg up to women going forward.” 
Pua also addressed the role of traditional viewpoints in the family that hinders women’s involvement in national politics. One key instance of familial traditionalism is the assumed caregiving role of women. For instance, mothers remain the ‘default caregivers’ in families. Thus, in order to challenge such traditional notions, policy-makers should provide the paternal leave to fathers, which has been an objective of his party.
Due to his scheduling difficulties, Pua needed to address the Q&A session right after his speech; in the agenda, forum discussion would only have started after all speeches of the speakers. The audience raised multiple quality questions. One was the difficulty of making politics attractive to young women. In response, Pua first discussed the similar traditional ideas that constrain young women within the household.
In addition, he pointed out the importance of having a role model for young women:
“By having more women in top positions, whether in government or in the party, it actually elevates the status to many other young women who [would] see more women in this field, and possibly [become] more interested in the subject.”
 One critical question from an academic of UNMC sparked a sudden yet significant discussion of feminism and sexism. In the asker’s research, she found that the DAP had inserted a sexist headline to describe DAP candidate Dyana Sofya Mohd Daud in 2014. It seems that instead of emphasising her professional identity, the party seemed to have focused more on her physical appearance.
Pua’s response was both thorough and indirect. Before he accepted the possibility that the DAP could have made such mistake, he discussed the debate amongst feminists, questioning whether describing a woman for her beauty is actually politically incorrect.

Goh Siu Lin, Chairwoman of the Kuala Lumpur Bar Committee

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Goh Siu Lin. Photograph by Foo Jing Wern
The second speaker started her speech with a background story of her life experience. Having a diverse background, as well as with her experience overseas, Goh Siu Lin believed that her social trajectory has shaped her personal development and journey to becoming a senior lawyer today.
The main focus of her honest and inspiring speech was on the dilemma of becoming a mother and simultaneously a senior lawyer. This difficulty resonated with the sentiment of many in the audience. She urged all young women to understand the idea of feminism and gender relations. In fact, she had not understood until she started her professional career as a young lawyer. According to Goh:
“I joined AWL, which is the Association of Women Lawyers, and I got my first training on feminist perspectives of law, right. So life changed after that. It [became] better.”
However, this is not only limited to women. Goh implied that it is important for men to understand the feminist ideology too. After explaining the importance of feminism to her husband, she states that he has taken initiatives in caregiving. She says:
“[As for] my husband, it’s not his fault because he was brought up in a household where the mother was the homemaker, so he never knew anything else. This was where the education came in. So I then re-educated him.”
This part of her speech received a round of applause.
Her dedication, professionalism and perseverance led to her growing leadership in the Kuala Lumpur Bar Committee. According to Goh, her colleagues are eager for her to run for the chairwomanship earlier this year. However, despite her speech advocating female leadership and gender equality, IGNITE discovered evidence of sexism in a range of media content describing her title.
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In the official brochure of this conference, Goh is titled as the first ‘female chairman’. In the Malay Mail Online article announcing her chairwomanship, she is described as a ‘chairman’. In the official website of Shook Lin & Bok in which she acts as a legal partner, she is again recognised as the ‘chairman’.
Some may think that using ‘chairman’ to refer to female leaders is acceptable despite the generic suffix -man. But the use of ‘chairman’ to describe women is widely identified as an explicit form of sexist language.
Gender in language was proven to be crucial especially when the speaker herself, while referring to her volunteering for a firefighting role during her child’s birthday party, consciously put it this way:
“They asked for three volunteers to be firemen. So one man, two men, but it cannot be all men. So I jumped up, I said I want to be a firefighter.”

Jason Lo, CEO of Tune Talk


Jason Lo. Photograph by Foo Jing Wern.
Jason Lo. Photograph by Foo Jing Wern.

After a 15-minute break, the third speaker began his speech. He used a large amount of analogy from his business experience to explain his main idea of gender and leadership. Jason Lo stated that he emphasises demographic diversity in Tune Talk. He makes sure that there is tolerance of the transgender and homosexual community in the workplace.
But he later said that some of his Muslim followers on Twitter denounced his tolerance of transgender and homosexuality with harsh words. Yet, these same people change their tone from anger to confusion when they find out  that he is actually also a Muslim.
While many may not understand how that could relate to gender and leadership, it is perceived that, as the speaker afterwards noted; gender and leadership as well as gender equality all begin from education and the virtue of open-mindedness.
However, some of the Lo’s word choices raised questions of sexism, although he dismissed it with the thought that these were only “jokes”. Key examples include one occasion where he stressed the word ‘ass’ in ‘assets’ twice, and he stated that women have many assets, “not only two”.
(The use of language by Jason Lo is open to public interpretation, IGNITE has no part to intervene.) 

Molly Fong, CEO of The Body Shop of West Malaysia and Vietnam

Molly Fong. Photograph by Foo Jing Wern.
Molly Fong. Photograph by Foo Jing Wern.
The last speaker of the conference was a Nottingham alumnus. Molly Fong started by announcing that there is a box of condoms in the Body Shop bags that were distributed to each audience member. The purpose of these condoms was to remind female audience members that women no longer have to be afraid of purchasing condoms in the public.
The main emphasis of her speech was on the importance of activism in achieving gender equality. She stressed that the business class in society should conform to Corporate Social Responsibility (CSR).
According to Fong, the Body Shop has organised a series of activist movements in order to achieve social purposes. She strongly believes that if corporate employers maintain a set of moral principles, companies and employees will then as well fulfil social responsibilities.
She later suggested that cultural constraints – such as the media and celebrities – are what shape gender stereotypes and sexism in society. Yet she seemingly ignored these cultural constraints by urging women to remove all “excuses” in life and be committed to achieving professional success.

Forum Discussion

Gender and Leadership Conference 2017
Photograph by Foo Jing Wern.

The final session of the conference was an open discussion. Key issues include the way women could break the glass-ceiling and the lack of interests amongst young people in activism. The three speakers on stage (MP Tony Pua had left as stated earlier) provided answers to the questions.
Goh and Fong stressed that it is true that women might need to work harder in order to achieve equal professional identities with men. This shows that gender equality, according to Goh’s feminism, is still present in society. Fong then explained that activism is not synonymous with major civil movements in society. Instead, it starts with conversations in the private life. The three speakers urged the younger generation to persevere and be brave in challenging inequalities and falsehood in society.
The conference reached its falling action with a closing speech by Dr Lucy Bailey. She complimented the four NAA students for their dedication and proactivity in organising the conference. After a well-deserved round of applause for the committee, she continued:
“We just wrote the occasional email, and gave a bit of advice; but this event has come from this group of people and to me, that’s been absolutely inspiring. I’ll like to thank you, and you are my role models as well.”
The event ended as the speakers were given tokens of appreciation. ‘Leadership Knows No Gender’ ignited enthusiasm amongst the audience. Hopefully, it helped achieve a greater understanding of gender relations especially within the younger generation, which is a fundamental step to achieving equality in society.
Written by Teoh Sing Fei
photographs by  Foo Jing Wern

Sunday, May 14, 2017

Fighting for Gender Equality & Diversity - Focus Malaysia

Sharing my journey, a 2 page article by Han Kar Kay, 10th May, 2017

Source: http://www.focusmalaysia.my/People/fighting-for-gender-equity-and-diversity


Wednesday, May 10, 2017

The Butterfly Effect - President's Address (AWL's 34th AGM, 27th April, 2017)

27th April, 2017
34th  Annual General Meeting of the Association of Women Lawyers



PRESIDENTS ADDRESS

A warm welcome to all of you. Thank you for attending AWL’s 34th Annual General Meeting. It is marvellous to see new and familiar faces amongst us. For the benefit of our new members, it would be appropriate for me to begin with a brief history of AWL.

AWL was established in 1983 by the diligence, foresight, sacrifice and commitment on the part of our founding members -  Dato’ Noor Farida Ariffin, Tan Sri Dato Seri Siti Norma Yaacob, Dato’ Ambiga Sreenivasan and Chen Kah Leng. In those early years, AWL was one of five (5) women’s groups[1] whose tireless advocacy and lobbying efforts culminated  in the passing of the Domestic Violence Act 1994[2]. Malaysia was a pioneer and the first country in the Asia-Pacific region then to have domestic violence legislation.

However, subsequent to those early trail-blazing years, AWL, under the unfortunate moniker of FOWL[3] (Federation of Women Lawyers, Malaysia), fell into a downward spiral and appeared to have lost its significance for well over a decade.

Fortunately, in 2008, we managed to shed our FOWL feathers and went through a process of renewal and reinvention, emerging like a phoenix from the ashes. A few individuals were instrumental in leading this change to revamp the society’s structure and mission. Some of these individuals are here with us today, Ms Jane Pragasam, Ms Vicky Alahakone and our immediate past President, Ms Meera Samanther. 

As the society began to regain its footing, there was recognition of the need to support female lawyers in the profession but empirical data was required to provide credibility to any proposals or projects for change.



The beginnings of an idea for a survey was suggested[4] over a latte by Sheena Gurbakhash to our immediate past-President, Ms Meera Samanther. On 26 June 2014, that idea became a reality! The Findings of the Baseline Survey[5] on the Working Conditions of Male and Female Lawyers in KL & Selangor was officially launched at the KL Bar Auditorium with copies of the Baseline Survey ceremoniously handed to the then President of the Malaysian Bar[6] (Mr. Christopher Leong) and both Chairmen of the KL and Selangor State Bars. Notably at that time, no female lawyer had ever held the chairman post for both State Bars.



The AWL Baseline Survey provides hard data that women lawyers faced gender discrimination and vindicated what in the past, had been mere anecdotal accounts.  Key areas were identified with recommendations and programmes to eradicate gender inequality in the legal profession. 

In October 2016, AWL was invited by the Thailand Institute of Justice (TIJ) to participate in the South East Asian Regional Roundtable Discussion on “Women As Justice-Makers[7] held in Bangkok. We were most elated to have been given the privilege of presenting a copy of our AWL Baseline Survey to the then Australian Ambassador for Women & Girls, H.E. Natasha Stott Despoja.





The AWL Baseline Survey provided the seed that grew into an organic collaboration between AWL and the Bar Council, leading to the formation of the Gender Equality Initiatives (GEI), a platform to raise awareness on issues on gender discrimination amongst students of local law colleges.

Last year, the theme “Women in Leadership Positions” was selected for the GEI Colloquium[8] held in June, 2016 and the GEI Moot in November 2016. Special thanks to the organising team led by Meera Samantha and Santhi Latha, our Secretary, Kathlyn Lee who delivered the Colloquium keynote address and our Treasurer, Daniella Zulkifili who crafted the moot problems based on real-life case studies. The GEI theme and moot questions were intended to make the students to think and analyse why was there a dearth of women in leadership roles. Is there discrimination? If yes, why does such discrimination exist? What were the underlying root causes? These questions and more, highlight and bring into focus the barriers to a woman’s career and leadership progression - issues such as pregnancy and the double burden of child and elder care.



To me, it was an extremely befitting theme given my own personal experiences and the internal mental struggles I had to overcome before deciding to stand for the post of Chair at the Kuala Lumpur Bar Elections earlier this year, on 23 February 2017. But I did it! We did it!

I now move on to the AWL Annual Report which chronicles the hard work of the society. The successful implementation of our projects was only possible with the passion and dedication demonstrated by my fellow Exco members. We do this work not for ourselves. Our success and satisfaction comes from helping other people, advocating for gender-sensitive laws and policies[9], working for a more inclusive bar and educating others[10]. We work so that the term “feminist” will one day shed its unfair negative connotations and to narrow the gender gap[11].

The next stage is for AWL to continue on its mission to advocate for an enabling environment for women lawyers. A platform for women lawyers to speak out about what we can do for one another. Mentoring, friendships, supportive networks whether formal or informal. To help someone behind us to accomplish and fulfil their fullest potential, to level the playing field.

Next, is a project close to my heart, the AWL’s Child Sexual Crimes team. This originally began in late 2015 as a Standard Operating Procedure (SOP) project in collaboration with the AG’s Chambers, WCC Penang, relevant governmental stakeholders and child-focused NGOs.

In 2016, one representative each from AWL and WCC Penang, were selected to represent the Joint Action Group for Gender Equality (JAG) at the Sexual Crimes Taskforce[12] which led to the eventual tabling of the Sexual Offences Against Children Bill (SOAC)[13]. It gives me great delight to inform you today that the SOAC Bill was passed last night by the Dewan Negara[14].



We would like to thank Melissa Akhir of WCC Penang and our Vice President, Tham Hui Ying. Melissa (also an AWL member) and Hui Ying were tremendous sources of support during the hectic weeks in March and April this year during our SOAC engagement with Parliamentarians. It’s been a wonderful journey. So far, what moves each and every one of us is the possibility of making a difference and the exhilarating feeling that comes when we see it crystallise and happen.

Needless to say, our work to strengthen victim support services for child victims of sexual crimes is far from over. AWL continues to support the Star’s R.AGE Team in this area. Most recently, we have been invited to participate in the filming of a mock trial[15] on the new offence of sexual grooming, to take place next Saturday.


I dont believe anyone has to wait to make a difference. Your ability to impact others never stops. If you say no, you only shut yourself from opportunities, like attending a networking event, meeting new people and transforming mindsets, others and yours. So what I would advise is, be open to opportunity and from my personal experience, life has begun to change in a very positive way. It has not always been easy, it is hard work, there are costs and sacrifice involved. However, we should take on the challenge and stretch ourselves to gain new experiences and skill sets.
To conclude, how many of you have heard of the Butterfly Effect[16]?  I read about this recently and its a powerful illustration of how little acts can result in dramatic effects. The butterfly effect chaos theory is that a butterfly flapping its wings in South America can affect weather patterns causing a typhoon halfway around the world!

So, we owe it to the next generation of women lawyers to put our hands down and pull them up. These small gestures will have tremendous and lasting impact on the careers of women. Together, we can be very powerful. Let us be part of the solution. Let us effect amazing change…  just like those butterflies, right here in Malaysia.

Thank you.

GOH SIU LIN
President
Association of Women Lawyers (2015-2017)



[1] Womens Aid Organisation (WAO), Association of Women's Lawyers (AWL), Malaysian Trade Unions Congress Women's Section, University Women's Association (University Malaya) and the Selangor and Federal Territory Consumers' Association
[7] https://www.facebook.com/pg/AWLMalaysia/photos/?tab=album&album_id=1173118259402223 Women and girls in the justice system should not only been seen as "passive citizens, victims, inmates or mere onlookers but also as lawmakers, law enforcers, law supporters and indispensable resources for the system reform."
Malaysia is placed 106 out of 144 countries in the Global Gender Gap Index 2016
[12] http://www.thesundaily.my/news/1950293 Azalina to head new taskforce on crimes against children
[13] https://www.facebook.com/ragepmp/videos/623909834476959/ Predator in my Phone Congratulations Malaysia, We did it.
[14] 26 April, 2017. http://www.bernama.com/bernama/v8/ge/newsgeneral.php?id=1351030 Dewan Negara Passes Sexual Offences Against Children Bill 2017"
[15] At ILKAP on 6 May 2017