Saturday, February 23, 2019

KLBar Reference Proceedings Speech - 15.2.2019


REFERENCE PROCEEDINGS


Y.A. Datin Azizah binti Haji Nawawi
Date : 15th February 2019 (Friday)
Time : 9:30 am
Venue: Mahkamah Tinggi 46
Level 3, Right Wing
Kuala Lumpur Court Complex
Jalan Tuanku Abdul Halim, Kuala Lumpur


Dengan Izin Yang Arif,

Saya, Goh Siu Lin, hadir bagi pihak Jawatankuasa Bar Kuala Lumpur, rakan-rakan
bijaksana saya, Pn Hendon Mohammed  mewakili Majlis Peguam Malaysia dan
Pn Ruzaimah bt Mohd Ridzuan , hadir mewakili Yang Berbahagia Peguam Negara.

Yang Arif, saya dengan hormatnya memohon izin untuk meneruskan dalam Bahasa
Inggeris.

My Lady,

I would first like to acknowledge the presence this morning of:

Retired Court of Appeal Judge Dato’ Mahadev Shankar as well as other senior
members of the Bar who have taken time off their busy schedule to attend
this solemn occasion.

My Lady,

May I begin by thanking My Lady for agreeing to preside over these Reference
Proceedings for our departed members of the KL Bar which is a solemn and
meaningful occasion that is unique to our legal profession. The tradition ceased
in 1988 but was resurrected on 19.9.2002 and continues strongly until this day.

Therefore, we express our deepest gratitude to Your Ladyship for upholding one
of the finest traditions of the Bar which marks the close of a chapter in a member
of the Bar’s professional career which began with his / her call to the Bar.

My Lady,

We have gathered today in Court before Your Ladyship to pay tribute to the
memory of our eight (8) members who have passed on and to express our
heartfelt condolences.

The legal profession is the only profession that welcomes new members with
a ceremonial Call to the Bar and remembers them when they depart. It is a
tradition that the legal fraternity cherishes as it recognises each member’s
salutary achievements to the law and the profession.

The significance of the ceremonial reference was explained 20 years ago
(25.4.1998) at a special reference for the late Dato Ronald Khoo, by former
Malaysian Bar President, Dato Dr Cyrus Das whom I quote:
The practice of references for deceased Judges and lawyers served
to remind us that we belong to one body with one objective, namely,
the pursuit of justice through the legal process. In that collective
effort, governed by the unwritten rules of etiquette and tradition
which are just as important as the written ones, the death of one
of us diminishes the whole, and so we gather to mourn the loss,
to pay tribute and remind ourselves that the journey must be made
and the faith must be kept.
This morning is an occasion to take a step back from the frenetic pace of
practice and reflect on the meaning and significance of our work as lawyers.
We are also here to formally record and honour the lives of our members, to hear
what they stood for, to recognise their contributions, their devotion to advocacy,
their sacrifice to the legal fraternity, to society, to our country. The essence of
their lives have been captured through the lens of their family, friends, colleagues
and loved ones.

My Lady, I have been given the honour and privilege to say a few words and move
these Reference Proceedings on behalf of the Kuala Lumpur Bar. I express my
gratitude to the family members, friends and colleagues who have spent time
through written word, to bring to life, the lives of our eight (8) departed
colleagues at the Bar.


  1. With My Lady’s leave, I call upon my learned friend, Yau Wai Leong to move
    the reference proceedings of Teoh Eng Keat. to move


2. With My Lady’s leave, I call upon my learned friend, Nor Shahadah bt Saari to move
the reference proceedings of Khoo Kim Guat.


3. With My Lady’s leave, I call upon my learned friend, Francis Hoo Wee Keong  
to move the reference proceedings of Dato Haji Sabarudin bin Haji Othman.


4. With My Lady’s leave, I call upon my learned friend, Lawrence Pereira  
to move the reference proceedings of Dato Abdullah bin Mohd Yusof.


5. With My Lady’s leave, I call upon my learned friend, Dhinesh Baskharan
to move the reference proceedings of Michael Lim Hee Kiang.


6. With My Lady’s leave, I call upon my learned friend, Ho Shun Ming
to move the reference proceedings of Ho Hon Mun.



7. My Lady, I seek leave to move the reference proceedings for Patrick Michael Dass.


8. With My Lady’s leave, I call upon my learned friend, Loke Su-Yi
to move the reference proceedings of Tina Cheah Yee Teen.


All written tribute are reproduced in the following link:
(https://www.klbar.org.my/reference-proceedings-15-february-2019/)


My Lady, we have heard how our eight (8) members have profoundly influenced
the lives of others, serving with purpose, honour and distinction.

We are encouraged by their example to develop dynamic leadership within each of
our practices, to internalise and display integrity, ethics and professionalism.

For us to make a positive difference through pro bono work, thought leadership and
shine within our respective spheres of influence and beyond.

On behalf of the Kuala Lumpur Bar Committee, I extend our sincere condolences to
their families, relatives and friends who are with us this morning.

My Lady,

To conclude, allow me to share a passage extracted from “When breath becomes air”
Memoirs of the late neurosurgeon Paul Kalanithi:

“You that seek what life is in death,
Now find it air that once was breath.
New names unknown, old names gone:
Till time end bodies, but souls none.

Reader! then make time, while you be,
But steps to your eternity.”

-Baron Brooke Fulke Greville

My Lady, in accordance with time-honoured tradition, I respectfully move that a record
of these proceedings be kept in the archives of this Honourable Court with a copy
to be extended to the respective families of those to whom we have paid tribute to
this morning.

I am much obliged, My Lady,

Goh Siu Lin
Chairman

Kuala Lumpur Bar Committee (2018/2019)

Welcoming Speech by Chair at BC FLC Seminar "Avoiding the Quicksand of Divorce" 26.1.2019


A warm welcome to our distinguished guests

YA Dato’ Lee Swee Seng, High Court Judge,
Judge Foo Tuat Yien, former Judicial Commissioner of the Supreme Court of Singapore and Former Principal District Judge, Family Court,
Our senior practitioners Mr. Balwant Singh Sidhu, Mr. Kan Weng Hin, Ms Foo Yet Ngo 
Ms Malathi Das, Dr. Diana Lea Baranovich and moderator, Ms Vicky Alahakone.

I thank you all for your generosity in taking your time to share your ideas and expertise.

We are here today because we are connected by a shared interest in, and commitment to family justice. Today’s seminar on “Avoiding the Quicksand of Divorce” is organised by the Bar Council’s FLC and is the first event to kick-off 2019.

Family law is about people, about emotions, about families who have been shattered by  emotional trauma affecting the most intimate areas of their lives and which may sometimes cross over into areas of family violence, mental health, child protection, and, sometimes, criminal law. We then struggle with the gendered dimensions of these laws, eg marital rape, child marriage.

Because family law is different, the family justice system and the practice of family law must also be different. Family justice should be about insulating children from the effects of divorce and helping parties navigate the legal terrain, moving towards a path of healing, restoration, and positive transformation.

The family lawyer’s role is so important. We are not just handling a case, what we do has an impact on the lives of these families and in turn, impacts our society and community.  

The effect of divorce especially acrimonious ones, are destabilizing and debilitating to children.

We are required to display sensitivity and understanding. Towards this goal, we need to  acquire and build on our competencies, in-depth knowledge of the various complex legal issues that may arise. For example, cross-border jurisdictional disputes, trans-national property transactions, surrogacy and for me, more difficult, family violence, estrangement and alienation of children, mental illness, substance addiction, just to name a few.

I've read that in England for example, the FDAC Family Drug & Alcohol Courts was established to address parental substance abuse through judicial monitoring and multi-disciplinary therapeutic intervention.

Family practitioners and the family justice professionals are exposed to a high degree of violence and harm every day. This adds to the stress of our work and an area which not many speak about and requires some support.

So, as practitioners we need have emotional resilience and a lot of common sense. The emotional rewards are there when you have helped a family to quickly resolve and heal or protect a child, the impact is beyond just that one case, but spreads out to the community.

My hope is for an ongoing transformation of the Malaysian family justice system, for  specialised family courts that are problem-solving, harnessing other support systems that children and parents need. In this regard, I look forward to learning more about the Singapore experience.

Finally, my sincere gratitude to the organising committee, Alex Tan, Emelia Van Burle, Debbie Wong, Rajes and Florence who have selflessly volunteered their time to make today a reality.

I wish you all a fruitful and intellectually stimulating day.

Goh Siu Lin
Chairperson
Bar Council Family Law Committee
2018/2019 

Marital Rape - Interview with BFM on 1.11.2018

Sharing the podcast with BFM

https://www.bfm.my/criminalising-marital-rape

Chairman's Welcoming Speech: "Reaching beyond boundaries: Transcending Disability" - 15.10.2018


"The human spirit is one of ability, perseverance and courage that no disability can steal away." Anonymous.

Enhancing the rights of persons with disabilities does not happen in a vacuum. So much collaboration and commitment is required from everyone from the lawyers of the Malaysian Bar, NGOs, government, employers and other groups to build a deeper understanding of disability issues and to address the structural barriers that lie at the heart of discrimination. 

People with disabilities are routinely denied opportunities for work and education and face barriers in accessing places and services especially medical services that many of us take for granted. Too often, they are victims of violence, sexual abuse, harassment, humiliation, forced sterilisation and institutionalisation. 

This afternoon, the KLBar's GEDC committee are very fortunate to have a distinguished panel of passionate speakers, Dr. Amar Singh, Mr James Low and Ms Sangeet Kaur Deo with Amanda Kong as moderator. It should be noted that the last forum organised by the Bar Council on Disability Rights was in December 2010, so it's time to push the needle. 

I look forward to learning from them and moving forward, the challenge is to make the rights set out in the Convention a reality in the day-to-day lives of people with disabilities and for a more progressive, caring and inclusive Malaysia.

Goh Siu LIn
Chairman 2018/2019

YLC Charity Night "Underground Rock & Roll" - Chairman's Opening Address

Good evening everyone!!

Welcome to the 13th year of the KLBar YLC's Charity Night!

Since the inception of the inaugural charity night on 30th June, 2005 spearheaded by the then YLC Chair Richard Wee. The KL Bar has raised over RM575,767.39 in donations as at 2016. These funds were channeled in support of various charities and other community initiatives.

So, this year, we thank each and every one of you – our talented performers and generous donors for generously dedicating your time (and ringgit) for this year's very worthy cause in aid of the Cleft Lip and Palate Association of Malaysia (CLAPAM). 

CLAPAM is a non-profit organisation that supports adults and children born with cleft lip and/or palate.
Funds collected will be used for life-changing surgeries, providing the gift of a beautiful smile, improved speech and breathing plus the unseen intangible benefits of greater self-esteem and personal worthiness.

We are deeply grateful to our many talented performers and the committed YLC organising team led by  New Sin Yew.
They have all worked tirelessly over the past few months to make today a reality. So now, it’s time to let our hair down, celebrate the spirit of community and immerse ourselves in music and song. KLBar, together we are a force for change. 

Thank you and have a wonderful evening! 
Goh Siu Lin
Chairman
Kuala Lumpur Bar Committee