Pupils seeking admission to the Bar need to undergo a mandatory period of nine months in chambers. They are not classified as employees under the Employment Act, which means the minimum wage is not applicable to them.
A motion from lawyer Cassandra Chung urges the Bar Council to compel legal firms to pay their pupils the minimum wage of RM1,200 a month. The motion is seconded by lawyers Eric Toh, Goh Cia Yee, Nathalie Kee, Tan Hei Zel, and Vince Tan
The motion notes that the Bar Council has proposed several amendments to the Legal Profession Act so that the Bar can make rules to regulate salaries, allowances and working conditions of lawyers and staff.
“We note the proposed amendments have yet to be presented to the Attorney-General’s Chambers. We also take the position that such legislative amendment is unnecessary and would like to note that the Hong Kong Bar Association has implemented a minimum allowance rate for pupils,” the motion reads.
Another motion, from lawyer activist Charles Hector Fernandez, urges the courts to set “minimum and reasonable” cost awards in civil appeals.
High costs and damages would result in litigants shying away from seeking justice in the courts, he said.
He said in two recent cases – namely Khairy Jamaluddin’s appeal against Anwar Ibrahim’s lawsuit and Malaysiakini’s appeal against Raub Australian Gold Mining’s defamation suit – the appellants were ordered to pay costs between RM50,000 and RM150,000.
Fernandez also submitted motions for the Bar Council to push the government to hold a royal commission of inquiry into Malaysian Anti-Corruption Commission chief commissioner Azam Baki’s share ownership and to demand for a political funding law.
There are also motions requiring Bar Council members to subscribe and pay for the services of law journal providers CLJ Legal Network Sdn Bhd, Digital Library Sdn Bhd and Thomson Reuters Asia Sdn Bhd for three years.
Members would need to pay RM202 a year for the subscriptions, with the Bar providing a six-month subsidy.
At last year’s AGM, motions on subscriptions to five law journals were defeated.