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---------- Forwarded message ----------
Date: Sun, 11 Jun 2000 13:42:05 +0800
From: [EMAIL PROTECTED]
Reply-To: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Subject: [BUNGARAYA] Malaysian legal system - among Asia's worst
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Press Statement By DAP National Vice-Chairman Lim Guan Eng In Petaling
Jaya
On 11.6.2000.
Justice Under Threat: PERC Survey Putting Malaysia’s Legal System As
No.8
Out Of 12 Asian Countries Only Confirms The Severe Threats To Rule Of
Law
And In Ensuring Justice For All Malaysians.
------------------------------------------------
The Hong Kong-based Political Economic And Risk Consultancy(PERC)
latest
report, ranking Malaysia as amongst the 5 countries with the worst legal
system in Asia, only confirms the severe threats to rule of law and in
ensuring justice for all Malaysians. The survey, released during the
weekend, were based on polling of more than 1,000 respondents, mostly in
the countries assessed.
The legal systems of Singapore, Japan and Hongkong are ranked as the
best
in Asia by expatriate businessmen, followed by Taiwan, Phillipines,
Thailand and South Korea. Malaysia headed the worst list followed by
India,
Vietnam, China and Indonesia.
PERC Survey(0 is the best possible score and 10 the worst)
1. Singapore -- 2.57
2. Japan -- 3.00
3. Hongkong -- 3.76
4. Taiwan -- 6.00
5. Philippines -- 6.50
6. Thailand -- 6.67
7. South Korea -- 6.83
8. Malaysia -- 7.43
9. India -- 8.40
10. Vietnam -- 9.00
11. China-9.33
12. Indonesia-9.38
The PERC survey quoted in the Singapore Straits Times said that, "In
Malaysia, the legal system is suffering from a ‘public relations
problem’ following the saga of jailed former Deputy Premier Anwar
Ibrahim, who was beaten while in police custody prior to his trial for
corruption and sexual offences.
Asian governments can argue that the foreigners are wrong and that their
legal systems are much better than our survey grades indicate. As in so
many things, however, perception can be just as important as reality."
Such display of no-confidence in the Malaysian legal systems follows the
current controversy between Chief Justice of the Federal Court Mohd
Eusoff Chin and the Minister in the Prime Minister’s Department, Datuk
Rais Yatim about his "improper behaviour" in socialising with a lawyer
and an international report "Justice In Jeorpardy" in early April
highlighting in detail the serious threats and defects that threatens
our fundamental rights to justice fairly and impartially.
"Justice in Jeopardy: Malaysia 2000" is a joint report of International
Bar Association, the Centre for the Independence of Judges and Lawyers,
the Commonwealth Lawyers' Association and the International Lawyers'
Union. It is based on a visit to the country in April last year by three
top judges/jurists, namely Lord Abernethy from Supreme Court, Scotland,
Justice N. J. McNally, Apellate Judge of the Supreme Court, Zimbabwe and
Dr. Rajeev Dhavan, Senior Advocate and a Commission member of the
International Commission of Jurists, India.
When launching the report in London, Lord Goldsmith, co-chairman of the
International Bar Association, said that there was widespread concern
about the independence and impartiality of the judiciary. The report
said that in the vast majority of cases which come before the courts at
whatever level, there is no complaint about the independence of the
judiciary. However, in cases which are considered of political or
economic importance to the Executive, there is a public perception that
the Judiciary is not independent and this perception is also held by
members of the general public.
The 143-page report "Justice in Jeopardy: Malaysia in 2000" concludes
that the Executive in Malaysia has not acted with due regard for the
essential elements of a free and democratic society based on the rule of
law and that the legal system is being manipulated for political ends,
including cases where lawyers have been charged with contempt of court
or sedition while defending clients.
The report also added that such interference and manipulation had only
arisen since Prime Minister Datuk Seri Dr. Mahathir Mohamad came to
power in 1981. Among the cases reviewed and referred to by the report
are those involving Datuk Seri Anwar Ibrahim, Lim Guan Eng, Datuk Param
Cumaraswamy, Karpal Singh, Zainur Zakaria, Tommy Thomas and Irene
Fernandez.
The time has come for both the Government and Chief Justice of the
Federal Court Tun Mohd Eusoff Chin to address the need for more
efficiency, impartiality, independence, transparency, integrity and
accountability in the judicial system. The public dispute between Datuk
Dr Rais Yatim and Tun Mohd Eusoffe Chin highlighting these weaknesses in
the judicial system as stated in international surveys has only eroded
public confidence in the judiciary.
Any failure to restore full public confidence in the judiciary will
result in a breakdown of rule of law, make a mockery of the war against
corruption and drive away foreign investment deterred by a legal system
that is seen as weak and biased.
LIM GUAN ENG
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