Welcome Rakan Sarawak February 2003

Rangkaian Khidmat Awam Negeri Sarawak

A MONTHLY SUPPLEMENT OF RAKAN SARAWAK BULLETIN

(People, events, activities and programmes which make for a total quality-managed Sarawak Civil Service)

ISSN 1394-5726

Online Publisher:

Contents provided by:

Every once in a while we come across stories of people – be they poor, rich, young, old, prominent figures or the average Joe - who have gotten into trouble with the law. For the rich, they can afford the best lawyers and their expensive legal fees but not so for the poor who have transgressed. However, all is not lost for the underprivileged, the Legal Aid Bureau, a federal agency, offers legal assistance at a minimal fee.

The Legal Aid Bureau, Sarawak Branch, is located on the 6th Floor, Bangunan Sultan Iskandar, Jalan Simpang Tiga, Kuching. The objective of the Legal Aid Bureau is to provide legal assistance to those who could not afford and also to strengthen the application of the legal maxim/ equality before the law.

The Bureau functions to give legal advice on all legal matters, and to represent or provide legal assistance in proceedings in all courts of Malaysia regarding matters within its jurisdiction as provided by the law

The Bureau is governed by the Emergency (Essential Powers) Ordinance No.39 1970 that came into force in September 1970. The Ordinance was subsequently repealed by the Legal Aid Act 1971 that came into effect on 24 April 1971 and is the present governing law. The day-to-day administration of the Bureau is governed by the Legal Aid and Advice Regulations 1970.

The procedure to apply for legal aid at the Bureau are as follows;

- Applicant to register
- Means test conducted
- Application to pay RM2.00 as registration fee and a receipt shall be issued if applicant qualifies for Legal Aid and the subject of disputes falls within jurisdiction
- Applicant to fill in relevant Legal Aid forms
- Detail interview recorded to identify issues, remedies and need of applicants
- A statutory declaration form to be executed by the applicant before a Commissioner of Oaths. If any information so given in respect of monthly income or any other information is found to be false, the applicant is liable to be prosecuted under section 31 of the Act and upon conviction shall be fined not exceeding RM1000.00 or imprisoned not more than 6 months.
- Applicant to submit relevant documents or if not then available to submit later or to procure the same.
- Brief opened and registered.
- Brief processed.

As part of its activity, the Bureau holds regular legal aid clinic throughout the state for people of all walks of life who wish to obtain legal aid services and could walk in to the specified place on the date and time as notified.

The areas under the jurisdiction of the Legal Aid Bureau include providing legal aid in civil as well as criminal cases. Criminal proceedings in connection with which legal aid may be given are proceeding of a description specified in the Second Schedule and which may by order of the Minister be amended or varied.

Description of Criminal Proceedings

1. All criminal proceedings in which the accused not being represented by counsel plead guilty of the charge or charges and wishes to make a plea in mitigation in respect thereof,

2. Criminal proceedings under the Child Protection Act 1991

3. Criminal proceedings under the Minor Offences Act 1955.

Description of Civil Proceedings

1. Proceedings under the Married Women and Children (Maintenance) Act 1950

2. Proceedings under the Maintenance Orders (Facilities For Enforcement) Act 1949 for a Provisional Order

3. Proceedings under the Married Women and Children (Enforcement of Maintenance) Act 1968

4. Proceedings relating to divorce, maintenance, custody and “tharta sepencarian” in the courts administering Muslim Law where any person -or advocate and solicitor may be authorized to appear.

5. Rights and liabilities under the Workmen’s Compensation Act 1952

6. Rights and liabilities under the Padi Cultivators (Control of Rent and Security of Tenure) Act 1967

7. Rights and liabilities under the Small Estates (Distribution) Act 1955

8. Rights and liabilities in respect of civil action for damages arising out of accidents involving motor vehicles within the meaning of Road Traffic Act 1987

9. Right and liabilities under the Moneylenders Act 1951

10. Rights and liabilities in respect of proceedings for divorce and custody

11. Rights and liabilities in respect of proceedings relating to tenancy

12. Applications for Probate and Letters of Administration

13. Right and liabilities under the Hire Purchase Act 1967

14. Rights and Liabilities in respect of proceedings for divorce and custody

15. Rights and liabilities under the Adoption Act 1952

16. Consumer claims