Admitted to the Malaysian Bar Council as Advocate & Solicitor!

I was admitted to the Bar Council on the 27th January 2012 by Richard Wee (a great lawyer). Here's my long call speech!

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Admission to the Malaysian Bar (Long Call) Speech.

If it pleases you My Lord,my name is Richard Wee and I appear for the Petitioner, Mr. Low Teck Kuan and my learned friends representing the Attorney General, the Bar Council and the KL Bar Committee have already been introduced earlier.

My Lord, people pursue a career in law for many reasons. Some pursue it due to their passion for the law while others pursue it for its bright career prospects. The Petitioner however, chose an education in law for other unconventional reasons. Firstly, he chose it due to his developed interest in politics which eventually led to his interest in law and secondly, due to his desire to join a highly respectable profession.

During the petitioner’s pre-university days, after realizing that he had no interest in any science-related subjects he decided to narrow his college education to business, accounting and law. As the petitioner is greatly inspired by his father (who is a businessman himself) and many other successful entrepreneurial stories such as those of Donald Trump & Robert Kiyosaki, itbecame natural to him that he would choose a business degree. That was what the petitioner had in mind until one day, when the petitioner was searching for an Australian case-law for his Legal Studies subject, he stumbled upon an article written by the famous Raja Petra Kamarudin. The article’s discussion was focused on the 1998 constitutional crisis.

My Lord, for the first time in the petitioner’s life, he was exposed to important legal doctrines such as the rule of law, separation of power, and independence of the judiciary. This discovery did not just ignite a great sense of curiosity, it had also opened his eyes and challenged his perceptions on the state of the country. It also made the petitioner realized how naïve and ignorant he was to think that Malaysiaand its system had no shortcomings.

After months of reading colourful articles written by Raja Petra, the petitioner developed a strong interest in law and politics.In addition, it introduced the attractive idea of getting involved in politics someday. As a result, this had led to the petitioner deciding to enroll himself in Law School at the University of Readingin year 2007.Although law school was not an easy ride, the petitioner did his best and managed to obtain a Second Class Upper Degree with Honours in July 2009.

First involvement in politics

My Lord, upon graduation the petitioner continued to pursue his interests by working as Personal Assistant to YB Tony Pua, who currently is the Member of Parliament for Petaling Jaya Utara. After spending 3 fruitful months inpublic service, the petitioner continued his legal education by enrolling himself into the Certificate in Legal Practise course in Brickfields Asia College. After completion of the course, the petitioner continued to work and learn under YB Tony Puafor another 5 months before applying to chamber at Messrs Shook Lin & Bok in January 2011. Thereafter, my learned friend Mr. Steven Thiru became his master.

At this juncture the petitioner wishes to thank YB Tony Pua for providing him an opportunity to work in the public service. Through this employment, the petitioner has gained valuable experiences and insights that he would not have obtained elsewhere. More importantly, it has also taught him the importance of keeping the government in check as lack of accountability will allow rooms for corruption and abuse of power by irresponsible decision makers.

Legal practise

My Lord, the petitioner wishes to highlight thatbefore chambering under Mr. Steven Thiru, he initially wanted to learn corporate practise. The petitioner remembers clearly that during the interview with Mr. Too, the Managing Partner, he requested to be placed under a Corporatelawyer. However, to the wisdom of Mr. Too he was placedin the chambers of Mr. Steven Thiru(who specializes in litigation) instead. It came as a complete surprise to the petitioner but unknown to him at that time, he could not have found a better master.

Mr. Steven Thiru is an excellent master. Despite the petitioner having no experience in practise his master placed an extremely high expectation on him. He pushes the petitioner to his limit, even if it means the petitioner had to work four days continuously without sleep. And when the petitioner makes mistakes, his master was not shy to point out exactly what was wrong or lacking in the petitioner. The criticisms and expectations had certainly grown the petitioner from a boy to a man.

What impresses the petitioner most about his master was his working ethics. His master takes an extremely professional approach to his cases and does to the best of his ability for his clients, even if it means him having to work during weekends. Under his tutelage the petitioner had certainly learnt that beyond talents, the true ingredient of success lies in effort and hardwork. In his master’s own words, he said to the petitioner that “you may not be the most talented man, but with hard work you can go far in this life”. And for thatadvise, the petitioner thanks his master.

During chambering, the petitioner also had an opportunity to work with another talented litigator, Mr. Faisal Moideen. He was the petitioner’s immediate supervisor after his master. The petitioner wishes to thank him for giving great advises and teaching the important values of the legal profession. Of the many advises, the one that the petitioner was most fond of is “regardless of how heated the battle in the Court is, never take your case too personally against your opponent, as clients come and go, but the brotherhood (i.e. fellow lawyers in the Bar Council) remains”.

Apart from working on the cases his master assigned him to, the petitioner also had a priceless opportunity to work and contribute in the Royal Commission of Inquiry into the death of Teoh Beng Hock. Although the result the petitioner envisaged for did not materialise, this once in a lifetime experience had nevertheless affirmed the petitioner’s ambition to someday participate actively in politics and hopefully, put those unscrupulous individuals who would do anything for their political gains (including risking the life of an innocent) into accountability.

Hence, for this memorable experience the petitioner wishes to first thank Richard Wee and Cheow Wee for recruiting him. If Richard Wee had not called his master, the petitioner would have missed a great opportunity to work on an extremely meaningful case. For that again the petitioner thanks his master for graciously allowing the petitioner time away from office to participate in this case. Working collectively in the Royal Commissionwith many experienced and talented lawyers had truly added flavour and colours into the petitioner’s nine months of pupilage.

Expression of thanks

My Lord, the petitioner also wishes to take this rare opportunity to express his deep gratitude to his family; his parents Low Tee San and Wu Sheet Cheng, his sister Low Wah Chin who is also a practicing lawyer herself, and his brothers Low TeckEng, Low Kah Haw and Low YauJuhfor all the love and care they gave him. Without their support the petitioner would definitely have not made it this far.

In addition, the Petitioner would also like to extend his sincere gratitude to his girlfriend, Jamie Lai for standing by him through thick and thin until today; his best friends(whom he had known for more than 10 years since high school) for their loyal friendship and support; his good University and College friends for all the fun times he had with them during his higher education years; all his friends whom he had befriended in Shook Lin & Bok and the Royal Commission of Inquiry for their patience, willingness to share their knowledge, and most importantly the amazingly wonderful nine months; andfinally, not forgetting his “Dock Freak” friends, who had gave him a memorable whacky experience during his legal aid months. The petitioner feels truly blessed with all of their presence.

My Lord, I believe that all cause papers are complete and in order and I know not of any objection from my learned friends and I sincerely hope that my learned friends representing the relevant parties will support this application. Therefore, My Lord, I respectfully pray that this Honourable Court admits and registers Low TeckKuan as an Advocate & Solicitor of this Honourable Court.

Much obliged, My Lord.

The imperative march against the Peaceful Assembly Bill

This article was published in Malaysian Insider.


*update: this post was also posted in Lim Kit Siangs blog here.
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Have you ever felt a sense of discomfort sitting on your chair whenever you read the news?

Or sometimes (most of the time for me) a sense of disbelief and appal at how politics has screwed our rights, liberties and monies over and over again?!

Just when we had to digest all the poor spending and misappropriation (for example, the Auditor-General’s Report, the National Feedlot Corporation scandal and Kedai 1 Rakyat Malaysia fiasco), now we are told that a Bill will be passed to restrict our natural right to assemble!

The government tells us that we can assemble, and it says it is “revolutionary”. However, they seek to implement various criteria and obstacles before we “can”, or rather more accurately, be allowed to assemble (one fine example would be the requirement of a 30 days’ notice). This clearly illustrated the government’s pure hypocrisy in singing the tune of “best democracy”, “revolutionary” or even “upholding democratic principles” when it in fact it seeks to restrict the rakyat’s natural right to assemble!

Taking into consideration the beautiful wording of section 2 (a) of the Bill which recognises “... citizens... right to organise assemblies or to participate in assemblies, peaceably and without arms”, one ponders how he/she can exercise that right if he/she has to subject himself/herself to unreasonable conditions first.

In addition, this Bill and its restrictions can only point us to the fact that the government intends to stifle dissent of the people who express themselves through street protests. One would also suspect that such a proposal was drafted in the memory of the previous Bersih 2.0 rally, which was organised to advance the cause of having a free election (much to the embarrassment of our government who had handled the situation poorly).

As the rushed Peaceful Assembly Bill is already at its second reading, a quick and drastic action must be taken. A strong message with the force of changing federal lawmakers’ actions must be sent across collectively. At this rate, any delay or indecisiveness will only permit this Bill to be passed into an Act. As this Bill only requires a simple majority from Parliament, any opposition or proposed amendments in the parliamentary debate by opposition lawmakers will have insufficient effect or inadequate persuasion for this Bill to be thoroughly reviewed. Hence, a mass collective voice is urgently needed. More so from the organisation that eats, sleeps and breathes the law (i.e. the Bar Council).

Legal practitioners are bound by the Legal Profession Act 1976, and one most important provision which defines the very soul of this noble profession lies in section 42 (1)(a) which states that:

“(1) The purpose of the Malaysian Bar shall be —

(a) to uphold the cause of justice without regard to its own interest or that of its members, uninfluenced by fear or favour.”

Therefore, let us, as lawyers (and pupils alike), pursue the cause of justice by protecting the very fundamental human right that is the right to freely assemble! Let us show to the public the true reason why the legal profession is said to be a noble one by upholding and promoting just laws and fundamental legal principles in accordance to our moral and legal obligation! Let us also demonstrate to the lawmakers, without fear or favour, our opposition (as readers of the law) against such a restrictive Bill!

Fellow honourable members of the Bar, regardless of the location you reside or practise in, let us step out of practise momentarily and appear on November 29, 11.30am at the Royal Lake Club in Kuala Lumpur to object against this Bill that threatens the supremacy of the Constitution, rule of law and respect for basic human and individual rights!

* Low Teck Kuan reads The Malaysian Insider.

* This is the personal opinion of the writer or publication. The Malaysian Insider does not endorse the view unless specified.

This is what you call a "Bankrupt and Desperate" politician

I was catching up with all the news for the past few weeks since the afternoon, and it shocked me when i read this piece of news.

Zaid Ibrahim actually lodged a police report against Karpal Singh. and for what reason? He alleged that Karpal Singh had "threatened" him. That Karpal had made a statement which contains serious threats to his safety.

Malaysian Insider never really wrote what Karpal said previously, so i did some checking in other news portal and found out that Karpal had issued a statement saying this:

“As Anwar's defence counsel, I am warning all quarters, including politicians, not to defy Justice Mohamed Zabidin's (Mohd Diah) reminder that anyone committing an act of contempt in the ongoing trial will face the music. Any act by anyone, however, subtle, to influence the decision of a judge in an ongoing trial amounts to contempt of court."

now, how is this a threat to his personal safety again?

I can perhaps, force myself a little to understand if a laymen who went to the streets protesting against the Court's ruling interprets Karpal's statement as a physical or personal threat. but Zaid Ibrahim? the lawyer who founded one of the largest law firm in Malaysia? you got to be kidding me!

first and foremost, how on Earth did Karpal's statement amounts to a threat to his safety?

was it directed to him? or did Karpal merely issued a general warning to all who tried to pressure Anwar into giving his DNA? even if Karpal was indirectly warning Zaid about it, how did a valid legal threat (if ever Karpal or the Court decide to charge him for contempt of court) to which Zaid will have the opportunity to defend himself, become a threat to his personal safety?

secondly, what offence will the police pursue to investigate Karpal anyway? even if the police were to forcefully open an investigation and charge Karpal in court for the so called "threat to his personal safety" will they be able to establish a prima facie case in the first place?

surely Zaid, as a former practising lawyer himself would consider all this before lodging a police report?

but no, like an illiterate or an uneducated person he went on to stretch his imagination so wide and desperately so as to gain back his political relevance, did the unthinkable by bringing his supporters to the police station and lodged a formal complain against Karpal. i really do not know whether the intention was to get into the headlines, or score against Karpal. but one things for sure. it is certainly foolish to do so. with more statements and illogical actions such as these, I simply think that he is branding himself as an irrelevant politician.

and this is what you call a bankrupt and desperate politician. its petty and sad really, he could have become a real powerhouse in the political arena. he had so much of respect from the people including myself. but by his own actions Zaid has truly threw all those respects that people had about him away

this picture depicts how truly principled, the public perceived Zaid as previously.

i kinda regret purchasing his autobiography a couple of years ago. i really admired him last time. but like many others i'm really really disappointed with him. i feel like i was fooled into believing that he's one of the rare principled politician around here. obviously i was wrong. and proved wrong by none other than Zaid Ibrahim himself.

Proxy Voting? Why not implement automatic voter registration?

Election Commission recently announced that they are considering the implementation of proxy voting here in Malaysia.

Now as much as I've always been skeptical about the EC, this is actually a pretty good idea mooted by them.

What is a proxy vote actually? Proxy voting means that in the event one person cannot cast their ballot on the Election Day, that person may apply to appoint another person to cast his ballot for him.

the benefits? it simply provides alternative to voters to cast their votes. in fact it is pretty noble of the EC to put the interest of the voters first.

however, before we take an extra step to help the current voters to better cast their votes, why not help the non-registered voters first? before we reinforce the current values of having a better voting process, why dont we fight and lobby for the right to be a voter without being registered?

In Switzerland citizens who attained the age of 18, is automatically registered as a voter. This is good, as firstly, it throws away the hassle of getting yourself registered and secondly, it saves administrative costs and time in processing the registration.

Here in Malaysia, it is not easy to register as a voter. To do so you will need to either go to any Suruhanjaya Pilihan Raya (SPR) state offices (only 1 office in every state), or look for a post office, or ultimately look for a Assistant Registrar who is appointed by the SPR (on the recommendations of every political parties and a number of NGOs)

From my experiences, most people will avoid Post offices. Simply because its too time consuming to get a number and wait for your turn to get yourself registered. Half of them wont even consider SPR offices as its simply too inconvenient. and so many are dependable on Assistant Registrars who normally open registration booths in shopping malls, pasar malam or any other crowded public places.

and even if you do get yourself registered, you will need to wait for at least 5-6 months before you're registered into the system. and there are no other ways to check the status of the registration other than waiting impatiently for 6 months. and after 6 months, these voters have to re-register themselves if they cant find their names here.

Hence, the current options provided to voters are simply too insufficient. and implementing automatic voters registration will eradicate these problems. so before the EC suggests any new ideas to expand the current system, i think its better for them to consider improving it first.

xxxxx

on another note, Khairy is a bankrupt politician for trying to steal the limelight when Anwar challenged PM Najib for a debate. Khairy claimed that Anwar is not at Najibs "level", and that it will be good enough for Anwar to debate him instead.





pic taken from MsianInsider


Just to clarify certain things, it is Khairy himself who is not at Anwar's level. By convention, the opposite of the Prime Minister will be the Opposition leader in Parliament. Hence it is justified for Anwar to issue the challenge to Najib, instead of issuing to other people such as the UMNO Youth Chief. and why would Anwar want to debate with an outgoing Member of Parliament anyway?

funniest thing is, after PKR Youth agreed to send Rafizi Ramli to debate with Khairy instead, Khairy kept a complete silence on this issue.

so who's the coward?

Ratings on My Career Achivements

I have a habit of reviewing my performances before the new year. and well again its almost end of the year!

Last year despite the fact that I obtained my Law degree, i only rate my achievement at around 6 out of 10. Education achievement is something that everyone has, so no big deal.

This year? judging by the fact that it took me longer to get my Certificate in Legal Practise, (which i dearly hope that the results will be out next week) i would probably again only give it a 5 out of 10.

 Pic with Tony Pua, an extremely hunble politician. Prefers people to address him by his name rather than "Sir" or "YB"

meet friendly Faisal Mustaffa.

I still have one research work due for Nie Cheing, and another article due for Tony. lets hope i can finish the research before New year so that i can start my 2011 afresh! Will commence my chambering next month at Messrs Shook Lin & Bok so i'm gonna focus all my time into my new career!

here's some entertainment for you ;) an appetite spoiler! watch our "First Lady" 's love song for PM before its taken down!

If Tomorrow Never Comes

In a nutshell...

Funny joke by Art Harun!

A son asks his father, "What can you tell me about politics? I have to learn about it for school tomorrow." The father thought some and said, "OK, son, the best way I can describe politics is to use an analogy. Let's say that I'm a capitalist because I'm the breadwinner.

Your mother will be the government because she controls everything, our maid will be the working class because she works for us, you will be the people because you answer to us, and your baby brother will be the future. Does that help any?" The little boy said, "Well, Dad, I don't know, but I'll think about what you said."

Later that night, after everyone had gone to bed, the little boy was awaken by his baby brother's crying. Upon further investigation, he found a dirty diaper. So, he went down the hall to his parent's bedroom and found his father's side of the bed empty and his mother wouldn't wake up. Then he saw a light on in the guest room down the hall, and when he reached the door, he saw through the crack that his father was in bed with the maid. The son then turned and went back to bed.

The next morning, he said to his father at the breakfast table, "Dad, I think I understand politics much better now." "Excellent, my boy," he answered, "What have you learned?"

The little boy thought for a minute and said, "I learned that capitalism is screwing the working class, government is sound asleep ignoring the people, and the future's full of crap."

Irrelevant news made relevant

Now now i really do not understand the big hu-ha on the recent "astronaut" who got married

instead of highlighting more important matters or concerns such as this, the news of our first astronaut getting married became national headlines!

what is his contribution to our nation anyway? other than becoming the first Malaysian "space tourist" proudly sponsored by the Malaysian Government? in fact, we should not forget that it was an incentive included by the Russian Government back in 2003, in their effort to lobby and persuade us to buy 18 Su-30MKM fighters. (Which we did. For a whopping US$900 million) 

if i remember correctly, this part time model was also sent to space for some research in which he was assigned to do. where is the result anyway? 

i dont doubt his efforts or bravery to go through so much just to get selected as the first Malaysian astronaut, but certainly highlighting his marriage has no contribution or whatsoever to our nation.

if the media are so keen to give him so much coverage, they should also perhaps publicise the recent marriage of YB Er Teck Hwa, who burst into tears thanking his parents during his marriage! i think that this news is equally as good as the space tourist one, and should be highlighted as well. at least it showed that he's a filial politician, which will aid his constituent in evaluating him

By the way, i got curious and did some checks and found out that India and Vietnam purchased the same fighter jets as well. India bought 40 same fighter jets with $1.6 Billion in 2007, while Vietnam purchased four jets with $100 million in 2003.

Now, if we do some simple calculations, dividing the total purchase amount with the total number of jets, India bought one jet for $40 000 000 while Vietnam 25 000 000/jet. However for us, Malaysia we bought one jet for &50 000 000! and thats an additional $ 10 000 000 compared to India!

so really, this is one of the reason why i disregard any news that comes out of this space tourist. Coz sponsoring his trip to space just costs too much of our taxpayers monies!