Tuesday 25 November 2014

HISTORICAL DEVELOPMENT OF The Sale of Food and Drugs Ordinance 1952 i

The food quality control activities were implemented since 1950's under the Sale of Food and Drugs Ordinance 1952 in Peninsular Malaysia. In 1974, the Food Quality Control Unit was formed under the Health Services Division to coordinate food quality control activities nationwide. It was upgraded to Food Quality Control Division (FQCD) at the Ministry level in 1993. In September 1994, FQCD was renamed Food Safety and Quality Division (FSQD). FSQD's activities include enforcement of law; monitoring and research; consumer education; promotion of food safety to the industries and participation in international standard setting bodies. The official site features Food Act 1983; Food Regulations 1985; nutrition and labelling guidelines; licensing of natural mineral water, packaged drinking water and non-nutritive sweetening; food import procedure; food handler forms (SLPM-Sekolah Latihan Pengendali Makanan and AKM-Asas Kebersihan Makanan); and info on CODEX. 

In recognition of the potentially hazardous nature of certain medicines, the Food and Drug Administration (FDA) was authorized by Congress in 1938 to monitor the manufacture, promotion, and sale of drugs.' FDA regulation, following the pattern which has recently prevailed in the control of product and environmental hazards, has shifted from reliance primarily on sanctions imposed after the fact of injury attributable to drug use, toward the establishment of specific preventive regulations. The Kefauver-Harris Drug Amendments of 1962,2 for example, the first major change in the Federal Food, Drug and Cosmetic Act of 1938,8 conferred on the FDA broad discretionary powers for the issuance of such regulations.' These 'regulations aroused more drugindustry opposition than the statutory provisions authorizing them, 6 and have led to the first law suits challenging FDA rules since the passage of the Act.'

This article examines FDA jurisdiction over the advertising and labeling of prescription drugs. Both prescription and over-the-counter medicines fall within the Act's definition of "drugs" 7 as any article intended8 to prevent or treat disease, or intended to affect the structure or function of the body. The Durham-Humphrey Amendment of 1951,°
however, established separate legal categories for prescription and nonprescription drugs. Drugs which are too hazardous for self-medication and which, therefore, can be obtained only with a doctor's prescription, are prescription or ethical drugs." These drugs are promoted excluively to the medical profession," while over-the-counter, or proprietary
drugs are advertised and sold directly to the public. FDA regulation of the labeling of over-the-counter drugs," and Federal Trade Commission (FTC) regulation of advertising for such drugs" are beyond the scope of this article.

Since each piece of written material published by or on behalf of the manufacturer of a drug concerning his product is either advertising or labeling as those terms are used in the Act, this article traces separately the regulations governing prescription drug advertising and those governing prescription drug labeling. Whenever identical or similar
regulations govern a particular aspect of both advertising and labeling, the significance of the issue involved is examined fully under advertising, and the regulations merely summarized under labeling. In each area where the federal government has acted, the article explores the need for regulation, the statutory scheme as proposd to deal with the problem and as finally enacted into law," the regulations proposed and issued to implement the statutory purposes, industry reaction, and the extent of compliance. The article concludes with an examination of the standard of care owed to the public in the promotion of prescription drugs, and an evaluation of the potential liability of physicians, drug

manufacturers and the federal government in drug reaction cases.



FOOD SAFETY LEGISLATION
SCIENCE AND RISK-BASED APPROACHES TO HARMONIZATION
FOOD SAFETY LEGISLATION IN MALAYSIA

Abstract

Food safety legislation should be developed and updated taking into consideration specific needs of consumers and food producers, development in technology, emerging hazards, changing consumer demands and new requirements for trade, harmonization with international and regional standards, obligations under the World Trade Organization (WTO) agreements, as well as social, religious and cultural habits. The implementation of food safety legislation throughout the food chain is essential in establishing an effective food safety system.
The Food Act 1983 and the Food Regulations 1985 are the Malaysian food legislations that form the backbone of the food safety programme. Other legislations that have an impact on food safety are the Pesticide Act 1974, the Fisheries Act 1983, the Veterinary Surgeon Act 1974 and the Animal Ordinance 1953, all under the Ministry of Agriculture and Agro-based Industry, the Trade Description Act under the Ministry of Domestic Trade and Consumer Affairs, etc.
The continuous revision and updating of the Food Regulations 1985 is conducted by the Technical Advisory Committee on the Food Regulations 1985 chaired by the Director of the Food Quality Control Division, Ministry of Health. It is an inter-agency committee consisting of relevant government agencies involved in food safety from farm-to-table, the food industry, professional bodies and the consumers. Proposals for new legislations as well as revision and updating of legislations are elaborated in a 14-step procedure, which closely follow the Codex step procedure in the elaboration of Codex standards. Proposed new legislations, revised and updated legislations are posted on the Food Quality Control Division Website for comments. Notification to the WTO is undertaken to fulfill obligations under the WTO. Efforts in harmonization of legislation with international standards are actively undertaken using Codex standards as a benchmark. As such, a risk-based approach has been taken into consideration by the risk assessment conducted by Joint Expert Committee on Food Additives (JECFA) (for chemical additives) and Joint Expert Meeting on Microbiological Risk Assessment (JEMRA) (for microbiological parameters).
Harmonization of the national legislation with Codex standards which is an enormous task as well as the generation of scientific data are challenges in standard setting work.

Introduction

Food safety should be addressed throughout the food chain from farm to table. The establishment and updating of food safety legislation throughout the food chain is essential in establishing an effective food safety system. Food safety legislation should be developed and updated taking into consideration specific needs of consumers and food producers, development in technology, emerging hazards, changing consumer demands and new requirements for trade, harmonization with international and regional standards, obligations under the World Trade Organization (WTO) agreements, as well as social, religious and cultural habits.

Background

Malaysia has realized that food safety can no longer be considered solely as a domestic entity nor can it be the responsibility of a single agency. Even though the mandate for food safety rests with the Ministry of Health, other government agencies are also responsible for food safety in the country. The Vision of the Food Quality Control Division (FQCD) of the Ministry of Health to uphold the nation's integrity by ensuring safe food through shared responsibility and accountability on the basis of tripartite management is testimony that food safety is not only the responsibility of the government but also the industries and consumers.
The Food Act 1983 and the Food Regulations 1985 are the Malaysian food legislations that form the backbone of the food safety programme. These legislations replace the Sale of Food and Drug Ordinance and Regulations 1952. The objective of the Food Act 1983 and the Food Regulations 1985 is to ensure that the public is protected from health hazards and fraud in the preparation, sale and use of foods and for matters connected therewith. It is enforced by the Ministry of Health and the Local Authorities. The legislation, applicable to all foods sold in the country either locally produced or imported, covers a broad spectrum from compositional standards to food additives, nutrient supplements, contaminants, packages and containers, food labeling, procedure for taking samples, food irradiation, provision for food not specified in the regulations and penalty.
Since food safety is addressed throughout the food chain, legislations pertaining to food safety under the jurisdiction of other agencies are also enforced by the relevant agencies. At the primary production level, the Pesticide Act 1974, the Fisheries Act 1983, the Veterinary Surgeon Act 1974 and the Animal Ordinance 1953, all under the Ministry of Agriculture and Agro Based Industry are implemented. At the processing and retail levels, apart from the Food Act 1983 and the Food Regulations 1985, other legislations that were mentioned earlier are also applicable to a certain extent. The Trade Description Act under the Ministry of Domestic Trade and Consumer Affairs also play an important role in terms of protecting consumers from misleading and false labelling of food product.

Present activities

Updating and harmonization of food safety legislation

In order to ensure that the food safety legislations are in tandem with the development in food technology as well as to keep abreast with the changing consumer demands, it has to be continuously revised and updated.
The continuous revision and updating of the Food Regulations 1985 is conducted by the Technical Advisory Committee on the Food Regulations 1985 chaired by the Director of the FQCD, Ministry of Health. It is an inter-agency committee consisting of relevant government agencies involved in food safety from farm-to-table, the food industry, professional bodies and the consumers. Request for updating the food safety legislations is mainly made by the food industries (especially on the use of new ingredients and additives) and consumers (who demanded to be informed of new technology and new processes so as to be able to make an informed choice of the food they buy).
To assist the Committee in ensuring that specific areas of concern in food safety is addressed, various working groups comprising experts in the specialized areas are established to undertake work, namely in the following areas:
  • Food Additives and Contaminants
  • Food Labelling
  • Food Commodity Standards
  • Nutrition and Claims
  • Microbiology
  • Pesticide Residue
  • Drug residue
  • Fats and Oils
Currently new Acts and Regulations being drafted to enhance the implementation of the food safety programme include:
  • Food Hygiene Regulations
  • Food Irradiation Regulations
  • Food Import Regulations
  • Food Analyst Act
  • Animal Feed Act
Proposals for new legislations as well as revision and updating of legislations are elaborated in a 14-step procedure, which closely follow the Codex step procedure in the elaboration of Codex standards. Proposed new legislations, revised and updated legislations are posted on the FQCD Website for comments. Notification to the WTO is undertaken so as to ensure transparency and fulfillment of obligations under the WTO.
Efforts in harmonization of legislation with international standards are actively undertaken. Codex Alimentarius is the benchmark for food safety legislation, whilst standards under the International Plant Protection Convention (IPPC) and the International Organization on Epizootics (OIE) are benchmarks for plant and animal health, respectively. Efforts to harmonize the classification of food categorization and food additives and food undertaken with the assistance of a local university. This is a follow-up of the recommendation of the ASEAN Food Safety Standards Harmonization Project undertaken with the International Life Sciences Institute (ILSI) South-East Asia.
At the ASEAN level, harmonization of maximum residue levels (MRLs) with Codex for pesticide residue is actively undertaken, wherever appropriate. However, where Codex standards are absent especially for products that are peculiar to the region, efforts to harmonize using regional standards are carried out.

Science and risk-based approach

In general, the continuous process of revision and updating of legislations incorporates a science and risk-based approach to determine acceptable level of control involving the entire food supply chain from primary production (use of pesticides and veterinary drugs, contamination from the environment) to food processing (use of additives and ingredients). Using the Codex Alimentarius as a reference in the promulgation of legislation, a risk-based approach has been taken into consideration by the risk assessment conducted by Joint Expert Committee on Food Additives (JECFA) (for chemical additives) and Joint Expert Meeting on Microbiological Risk Assessment (JEMRA) (for microbiological parameters).
The Ministry of Health has proposed a regulation for genetically modified food (GMF). The regulation utilizes a risk-based approach in the approval of GMF. In the proposed regulation, risk assessment will be conducted by GMAC under the Ministry of Natural Resources and Environment before it is allowed to be marketed in the country. The Biosafety Bill, which is being formulated, is the overall legislation pertaining to biosafety in Malaysia. Streamlining the approval process for risk assessment under the Biosafety Bill and the proposed regulations on GMF is a challenge to both ministries.
Currently, the risk-based approach is also used in the updating of ingredients to be added to food. Application for the addition of new ingredients must be justified so as not to cause any risk to consumers especially the vulnerable groups.

Consumer's rights

The food safety legislation has always given due recognition to consumer rights e.g. the new regulations for nutrition labelling and claims ensure that consumers are getting the right information and able to make a wise choice when buying food. The new regulations not only benefit the industries in making nutrition labels and claims but also ensure that the consumers are not misled by the attractive claims on the food labels. The consumers too, should play their role by reading the labels before making the right choice in buying food especially in ensuring that they are eating correctly based on the Food Pyramid.
Besides this regulation, the proposed regulation for GMF also incorporates provision on the labelling of GMF to provide consumer choice. The Consumer Protection Act enforced the Ministry of Domestic Trade and Consumer Affairs, although not specific to food safety do offer consumer protection.

Economic impact of food safety measures

The implementation of food safety legislation throughout the food chain is essential in establishing an effective food safety system. Such legislation should be updated to cater for the rapid development in food technology, the internationalization of food tastes and also emerging and re-emerging food borne diseases. Failure to adhere to such needs could lead to contaminated food and occurrence of food borne disease as a consequence, loss of trade and productivity.
The implementation of the Food Quality Control Programme has decreased health care costs, improved worker productivity due to decrease disease burden. It has also increased the availability of palatable and wholesome food through the reduction of substandard food into the country. The implementation of the programme has also increased consumer confidence in the food supply with the enforcement of food standards and food labelling regulations. Provisions of standards in the regulations have increased trade opportunities and export premiums.

Recommendations/Lessons learnt

Harmonization of the national legislation with Codex standards is an enormous task especially as it involves human and financial resources, and expertise. It is essential that personnel undertaking such work have a good understanding of the current national legislations as well as Codex Standards. In Malaysia, the establishment of committees and sub-committees that specifically undertake this work has benefited the country in ensuring that food safety legislations are harmonized to the extent possible.
In the promulgation of food safety legislation, availability of scientific data is very important, as the scientific and risk-based approach is the basic requirement for standard setting work. In Malaysia, scientific data is gathered through surveys and research conducted in collaboration and cooperation with research institutes and institutes of higher learning. This smart partnership has benefited Malaysia in terms of the optimization of limited resources, expertise and funds. However, this effort could still be enhanced.
The implementation and enforcement of food safety legislation remains the sovereign right of a country. However, the SPS Agreement under the WTO requires that food safety legislations enforced in a country do not discriminate between domestically produced foods and imported foods. Food safety legislations enforced in Malaysia are applicable to domestic as well as imported foods.

Tuesday 18 November 2014

LEMAH TENAGA BATIN DENGAN RAWATAN ISLAM

Lemah Tenaga Batin Atau Mati Pucuk
Lemah tenaga batin atau juga dikenali sebagai mati pucukmerujuk kepada ciri-ciri kegagalan alat kelamin lelakiuntuk menegang atau mengekalkan ketegangan sehingga mencapai kepuasan seks.
Ia juga dikenali dengan nama disfungsi erektil (ED) atau “impotens” dalam istilah perubatan.

FAKTA KELEMAHAN SENJATA LELAKI
http://youtu.be/qr_9lZ-k_uU
Lemah tenaga batin, berkait rapat dengan tanggapan budaya kepada kesuburan, kejayaan, dan kelakian, mampu menyebabkan kesan psikologi teruk termasuk perasaan malu, perasaan hilang harga diri atau rendah diri, seringkali ia tidak perlu kerana dalam kebanyakan kes ia boleh diatasi.
Terdapat budaya menyepi yang kuat dan tidak mampu berbincang mengenai masaalah ini. Fakta sebenar adalah sekitar 1 dari 10 lelaki akan mengalami masaalah lemah tenaga batin berulang pada satu ketika dalam hidup mereka.
Cara Mengelakkan Terjadinya Lemah Tenaga Batin
Dr Berger dan Deborah dalam bukunya BioPotency telah membuat beberapa saranan mengenai cara mengelakkan terjadinya lemah tenaga batin, antaranya:
1- Kurangkan memakan daging berlemak, telur, susu, ais krim, mentega dan keju.
2- Kurangkan menggoreng makanan, lebih elok ianya dipanggang atau direbus.
3- Lebihkan memakan ikan.
4- Kurangkan memakan makanan yang masin atau makanan yang diproses.
5- Makanlah banyak makanan yang segar, buah-buahan, sayur-sayuran serta bijiran segar.
6- Bersenamlah selalu selama 20 atau 30 minit sekurangnye 3 kali seminggu.
Menjaga Kesihatan Diri Adalah Tuntutan Agama
Islam adalah agama yang merangkumi semua aspek kehidupan. Ini termasuk penjagaan dari sudut kesihatan, di mana Islam amat menitikberatkan kesejahteraan tubuh badan sebagaimana Islam menjaga jiwa dan akal. Justeru itu, kita amat dituntut supaya menjaga kesihatan kerana “sihat” merupakan anugerah berharga dari Allahswt. Rasulullah s.a.w bersabda:
“Sesungguhnya kamu mempunyai tanggungjawab untuk menunaikan hak terhadap tubuh badan kamu” (HR Bukhari)
Sabda Rasulullah s.a.w lagi:
“Orang mukmin yang kuat lebih baik dan disukai oleh Allah daripada orang mukmin yang lemah” (HR Muslim)
Islam juga meletakkan kesihatan dan kesejahteraan di tempat yang pertama selepas keyakinan (keimanan). Ini berdasarkan sabda Rasulullah s.a.w:
“Mintalah kepada Allah kesihatan dan kesejahteraan kerana sesungguhnya tidak ada perkara yang lebih baik dari kesihatan selepas keyakinan (iman)” (HR Ibnu Majah)
Kita juga diajarkan oleh Islam untuk menjaga kesihatan dengancara pencegahan sebelum ditimpa sebarang penyakit, seperti pepatah Inggeris “Prevention is better than cure”atau “Mencegah itu lebih baik daripada berubat”.
Tetapi, perlu juga diingatkan, di samping kita menjaga anugerah kesihatan yang diberikanNya kadangkala kita diuji dengan sedikit kesakitan. Rasulullah s.a.w telah mewasiatkan kepada pesakit-pesakit supaya mereka berubat. Sabda Baginda s.a.w :
“Allah tidak menurunkan suatu penyakit itu kecuali diturunkan bersamanya ubat”. (HR Bukhari)
Di antara perkara yg menunjukkan Islam menggalakkan penganutnya menjaga kesihatan adalah Rasulullah s.a.w. telah menyenaraikan beberapa jenis ubat yang boleh digunakan seperti madutumbuhan herbaberbekamjampi syari’ (amalan doa’, ayat Al-Quran dan Hadis), dan lain-lain lagi yang tidak bercanggah dengan Islam.
Perubatan perlu dirujuk kepada mereka yang pakar dalam bidang ini, berdasarkan hadithnya:
“Jika sesuatu urusan itu berkait dengan hal-hal keduniaan maka kamulah yang mengaturnya dan jika ianya berkait dengan hal-hal keagamaan maka rujuklah kepadaku”. (HR Ahmad dan Muslim)
Rujukan : Ustazah Azhani Abu Basri. Dipetik dari: At-tobib, Adabuhu wa Fiqhhuhu oleh Dr. Zuhair Siba’i dan Dr.Muhammad ‘Ali Bar.
Berdoa Meminta Kebaikan
Doa‘ adalah memohon kepada Allah SWT dengan meminta kebaikan dari sisiNya dengan penuh ketulusan hati dan penuh pengharapan. Pengertian ini dijelaskan oleh Allah dalam beberapa tempat di dalam al-Quran. Antara firman Allah Ta’ala maksudnya:
“Berdoalah kepadaku, nescara akan Ku perkenankan bagimu. Sesungguhnya orang-orang yang menyombongkan diri dari menyembahKu akan masuk ke Neraka Jahannam dalam keadaan hina dina.” (Surah Ghafir: Ayat 60)
Oleh itu berdoalah dengan penuh keyakinan diri bahawadoa’ itu akan diperkenankan dan sentiasalah istiqamah didalam mengamalkannya.
“Berdoalah kepada Allah dengan keyakinan penuh bahawa doa itu akan dikabulkan ! dan sesungguhnya Allah tidak mengkabulkan doa daripada hati yang lalai & berpaling “ (HR At-tirmizi)
Doa Dan Amalan Mencegah Mati Pucuk Atau Lemah Tenaga Batin
1. Afdhal sesuatu perkara hendaklah dimulakan denganbismillah. Dan seterusnya membaca Surah Al-fatihah:
2. Kemudian membaca potongan ayat Al-Quran Al-Karim didalam Surah Al-Anbiyaa’ ayat 30:
3. Langkah yang seterusnya menadah tangan sepertimana untuk berdoa’ kepada Allah Ta’ala, lalu membaca kalimah ini:
4. Kemudian tepukkan kedua belah tangan ke belakang tulang sulbi menurun kebawah dalam keadaan duduk separuh atau berdiri tegak.
lebih afdhal amalkan amalan ini selepas solat subuh dansentiasalah beristiqamah, semoga dengan amalan ini dapat menghindari dari penyakit-penyakit batin insyaAllah, dan apa yang dihajati akan diperkenankan oleh Allah Ta’ala, kerana ayat-ayat Allah ini adalah penawar, sesungguhnya sebaik-baik penawar kepada penyakit ialah ayat-ayat suci Al Quran. Sudah tentu juga, sebaik-baik penyembuh ialah Allah SWT.
Di dalam kitab Al-‘Ilaj Bir-Ruqaa Min Al-Kitab Was-Sunnah, karangan said Ali Bin Wahf, menyatakan ijmak ulamak membenarkan menggunakan ayat-ayat Al-Quran untuk perubatan dan sebagainya, akan tetapi perlulah diyakini bahawa ayat-ayat Al-Quran yang digunakan tersebut tidak memberikan sebarang kesan zatnya sendiri. Bahkan Allah jualah yang memberi kesan ke atas sesuatu. Ayat yang di baca itu merupakan sebab dari sekian banyak sebab-sebab yang ditetapkan oleh Alah SWT.


LAIN-LAIN KAEDAH YANG ADA:



PETUA CARA ORANG TIMUR TENGAH
Petua ini adalah dari amalan masyarakat Arab khususnya golongan lelaki yang mengalami masalah tenaga batin dan bagi yang tidak bermasalah tenaga batin  juga boleh mengamalkannya untuk “power”kan lagi hubungan intim dengan pasangan..tenaga batin
Selain untuk menguatkan tenaga batin petua ini juga insha Allah dapat memekatkan lagi air mani..
Bahan-bahan yang digunakan adalah untuk menguatkan tenaga batin :-
1.Susu asli
2.Kacang badam
3.Madu
susu asliCara mengamalkannya : -
1.Tumbuk kacang badam
2.Panaskan susu didapur
3.Ketika susu dipanaskan masukkan kacang badam yang telah ditumbuk dan satu sudu madu asli
4.Minum segelas setiap pagi selama tiga hari berturut-turut
madu asli
Amalkan petua tenaga batin ini Inshallah anda akan nikmati hasilnya
AMALAN YANG PERLU DI PATUHI
Segala apa yang dilakukan mempunyai kesan samada serta merta atau berjangka panjang. Pelbagai petua pantang larang telah diajarkan oleh orang-orang tua Melayu bagi menjaga kesihatan tenaga batin.Ia bukan bertujuan mengharamkan yang halal tetapi berupa nasihat hasil dari pengalaman orang-orang terdahulu.
  1. Jangan amalkan minum air batu kerana ia mengakibatkan zakar menjadi sejuk serta lembik dan mengakibatkan batang zakar ngilu bila jima’.Batang zakar harus sentiasa panas.
  2. Jangan makan nasi berulamkan air. Minum air setelah selesai makan nasi, melainkan jika tercekik. Kesannya sama seperti minum air batu. Usah amalkan makan makanan bersifat sejuk atau telah sejuk atau disejukkan. Ia boleh mengakibatkan air mani cair dan terpancut awal.
  3. Jauhi makan makanan yang kuahnya berlinang kerana ia melemahkan zakar.
  4. Jangan terus minum air selepas makan nasi, minum hanya setelah 2 minit suapan terakhir.
  5. Jangan hembus nafas ketika minum, tahani nafas, ini membantu mengelakkan dari mudah lelah ketika jima’.
  6. Elakkan minum air ketika badan sedang panas, selepas berlari atau bekerja berat. Berehatlah terlebih dahulu, sejukkan badan, kemudianbaharulah minum air.
  7. Jangan makan kepak ayam daging kerana ia melemahkan zakar.
  8. Jangan makan nasi sejuk, panaskan dahulu.
  9. Kurangkan dari memakan Pisang Embun.
  10. Elakkan minum air selepas jan 11.00 malam walaupun air panas kerana ia melemahkan otot pinggang dan membawa sengal badan. Elakkan dari buang air ditempat air bertakung, carilah tempat yang kering dahulu kemudian buang air besar. Ini melatih mengawal otot zakar dengan baik.
  11. Jangan amalkan melancap kerana ia memaksa mani keluar dan melemahkan zakar.
  12. Jangan biarkan isteri menindih zakar ketika tidur. Aliran darah yang sempurna amat perlu pada zakar kerana waktu tidur darah menuju zakar, tindihan dari paha dan lutut yang sejuk membantutkan aliran dan melemahkan zakar.
  13. Jika berumur lebih 30 tahun, elakkan dari jima’ lebih dari 3 kali seminggu, kerana perlu cukup masa membina kembali tenaga batin.
  14. Jangan jima’ di dalam air.
  15. Jangan terus minum air selepas jima’, rehat dahulu 15 minit.
  16. Jangan biarkan pinggang terhentak dengan kuat kerana mengakibatkan mati pucuk.
  17. Jangan biarkan zakar terendam begitu lama selepas klimaks.
  18. Jangan jima’ isteri yang sedang haid kerana mendatangkan penyakit.
  19. Jangan cungkil gigi dengan kemuncut (tangkai bunga lalang) kerana ia mengakibatkan zakar jadi ngilu dan kurang bertenaga
PANTANG LARANG MELAYU LAMA BAGI KEKUATAN LELAKI:

Dalam ilmu tadisional Melayu Lama terdapat beberapa pantang larang yang baik untuk diamalkan agar kejantanan lelaki sentiasa gagah perkasa. Berikut adalah beberapa pantang larang yang baik untuk diterima pakai demi kesihatan kaum lelaki…insya’Allah

 1. Jangan amalkan minum air batu, air gas atau air yang disejukkan dalam peti ais kerana ia akan mengakibatkan Mr.P menjadi sejuk serta lembik. Mengamalkan minum air batu biasanya Mr.Pnyatidak mantap, cepat pancut dan tidak keras seperti mana amalan sepatutnya. Mr.P mudah ngilu apabila bersama dengan isteri.
2. Jangan amalkan makan makanan bersifat sejuk seperti sayur kacang, petola, labu, pisang embun, pisang kelat lega, pisang emas atau makanan yang dingin semalaman seperti lebihan nasi malam tadi masih dimakan di waktu pagi melainkan dihangatkan dahulu. Ataupun makanan yang disejukkan atau dibekukan kerana ia boleh mengakibatkan air mani cair dan terpancut awal.
 3. Jangan makan nasi berulamkan air. Minum air apabila selesai 2 minit selepas suapan terakhir seelok eloknya, melainkan jika tercekik tu sebab jangan makan dengan cepat atau gelojoh. Sekali telan sekali selawat. Kesannya sama seperti minum air batu mudah loya dan jika terus diamalkan lambat laun mudahlah mati pucuk.
 4. Jangan hembus nafas ketika minum, tahan nafas. Ini membantu mengelakkan dari mudah lelah ketika bersama isteri (jimak).
 5. Jangan jadikan amalan onani kerana ia memaksa mani keluar dan melemahkan Mr.P.
 6. Elakkan daripada meminum air ketika badan sedang panas, selepas berlari atau bekerja berat. Berehatlah terlebih dahulu, sejukkan badan, kemudian baharulah minum air.
7. Jangan biarkan isteri menindih Mr.P ketika tidur. Aliran darah yg sempurna amat perlu pada Mr.P kerana waktu tidur darah menuju Mr.P. Tindihan dari paha dan lutut yg sejuk membantutkan aliran.
 8. Jangan makan kepak ayam daging kerana ia melemahkan Mr.P.
 9. Jika berumur lebih 30 tahun, elakkan dari jima’ lebih daripada 3 kali seminggu, kerana Mr.P perlu cukup masa membina kembali tenaga batin.
 10. Jauhi makan makanan yang kuahnya berlinang kerana ia melemahkan Mr.P. Tidak digalakkan mengadakan hubungan kelamin di dalam air. Selepas melakukan hubungan kelamin, rehat dulu 15 minit. Kemudian barulah minum air.
 11. Jangan biarkan pinggang terhentak dengan kuat kerana mengakibatkan mati pucuk. Jangan biarkan Mr.P terendam begitu lama selepas klimaks.
 12. Jangan melakukan hubungan kelamin ketika isteri sedang haid kerana ia bukan saja haram di sisi agama Islam tetapi juga boleh mendatangkan penyakit.
 13. Elakkan minum air selepas pukul 11.00 malam walaupun air panas kerana ia melemahkan otot pinggang dan membawa sengal badan.
14. Jangan cungkil gigi dengan kemuncut (tangkai bunga lalang) kerana ia mengakibatkan Mr.P jadi ngilu dan kurang bertenaga.
 15. Jangan pancutkan air kencing ke dalam air bertakung atau kencing di dalam air, carilah tempat yang kering dahulu. Kencing dahulu sebelum membuang air besar kerana ia boleh melatih mengawal otot Mr.P dengan baik.
 16. Hindarkan diri dari bersetubuh dengan perempuan yang jauh lebih tua, selalulah amalkan ketip setiap pagi kulit kayu manis/cengkih dan juga buat senaman harimau pada awal pagi.

Senaman Kuatkan Tenaga Batin Untuk Lelaki

http://youtu.be/-1Qc41uX1rk


Petua & Amalan Tenaga Batin

http://youtu.be/ScJuUxKhQkE


Tuesday 11 November 2014

ETHICS AND CIVIL PROCEDURE MALAYSIAN JUDGES

ETHICS AND CIVIL PROCEDURE MALAYSIAN JUDGES

Lord Clarke of Stone-cum-Ebony
14 September 2011

Introduction

1. This is my first visit to Malaysia for many years. It is a great pleasure to be here and to have been invited to address such a distinguished audience. My principal topic this morning is ethics, in particular as it relates to civil procedure and to the role of the judges. I have chosen it because ethics has become a topic of more and more importance in England in recent years and because, as I see it, ethical behaviour by counsel is critical to the way the judges conduct civil litigation under the present rules, which emphasise the importance of co-operation between the parties and between the parties and the court which is quite different from the way the system worked under the old Rules of the Supreme Court (or RSC). Moreover I know that ethics has become a hot topic much discussed in many jurisdictions. For example I recently went to a conference in Washington, where it was one of the central subjects for debate.

2. I was called to the English Bar as recently as July 1965 – a very long time ago. That was at a time when nobody was taught advocacy and nobody was taught ethics. It was not thought that advocacy (or indeed ethics) could be taught. As to ethics, it was no doubt thought that it was obvious that members of the Bar should (and would) act ethically and, as to advocacy, it was undoubtedly thought that 2 good advocacy depended upon experience. In recent years it has become to be appreciated that, although good advocacy is likely to owe much to experience, its essential principles can be taught. While the importance of ethics was always appreciated, in recent years both the English courts and Parliament have emphasised the importance of the advocate‟s duty to the court and the Bar‟s Code of Conduct has included detailed provisions on the same topic.

3. I am today only addressing ethics and not advocacy.
What I propose to do is to identify some of the principles stated by the courts, to refer briefly to the relevant statutory provisions and to the Code of Conduct and then to give some examples from my own limited experience over the years. Finally, I will say a word about judicial behaviour, since I am sure you will agree that it is not only advocates who should adhere to appropriate standards of behaviour. So too should judges. In some parts of the world guidance has been produced setting out the relevant principles. I shall refer at the end to some guidance produced by the American Bar Association (or ABA) which focuses both on the “Courts‟ Duties to Lawyers” and Judges‟ Duties to Each Other”.

4. My main purpose this morning is not to discuss detailed problems that may arise in practice. I have no relevant experience of your system, so that I would be entirely unqualified to express views on specific problems. Indeed, it would be presumptuous for me to do so. My main purpose is to underline the importance of ethical behaviour in the courts, and especially among advocates. I do so because many of these principles seem to me to be of universal significance which apply to advocates and judges everywhere. They certainly apply to us as English judges.Only time will tell whether Lady Justice Hallett and Mr Justice David Steel agree. I hope they will.

5. I would like to begin with two statements of principle by one of the greatest advocates of the 20th century in England, Norman Birkett QC. He later became Birkett J and then Birkett LJ, and indeed was one of the UK judges at the 3 Nuremburg war crimes trials, although it is as an advocate in the criminal courts,
especially the Old Bailey, that he is principally remembered. He said this

  • :“The court must be able to rely on the advocate‟s word; his word must indeed be his bond and when he asserts to the court those matters which are within his personal knowledge the court must know for a surety that those things are represented. 
  • The advocate has a duty to his client, a duty to the court and a duty to the state but he has above all a duty to himself that he shall be, as far as lies in his power, a man of integrity.
  • No profession calls for a higher standard of honour and uprightness and no profession perhaps offers greater temptation to forsake them, but whatever gifts an advocate may possess, be they never so dazzling, without the supreme qualification of an inner integrity he will fall short of the highest standard.”


I am indebted to the Recorder of London, Peter Beaumont QC, for drawing my attention to these stirring words. Every advocate should follow them. It seems to me that it is of the utmost importance that judges should be able to trust counsel. I shall come back to this critical point in a moment.

6. As I said a minute ago, these principles are not unique to England or (I should say) England and Wales. One of the topics discussed at the conference in Washington, which was organised by the American Inns of Court, was on professionalism and ethics. One of the papers included this contribution on integrity:


  • "Loss of reputation is the greatest loss you can suffer. If you lose it, you will never recover it. Whether other lawyers or judges or clerks ... trust you and take your word, whether you are straight with your clients ... whether principles and people matter to you, whether your adversaries respect you as honest, fair and civil, whether you have the guts to stand up for what you believe - these are some of the hallmarks of integrity. Personal integrity is at the heart of every law career. You can't get it out of a computer - or from a law book - or from a commencement speaker. You have to live it and practice it every day with every client, with every other lawyer, with every judge and with every public and private body. And if your reputation 4 for integrity is alive and well so will your career and so will your well being. 1


I agree and, as they say in the Court of Appeal in England, there is nothing I can usefully add.The courts

7. I turn to the principles laid down in the English cases. In doing so, I freely confess that I have relied upon a lecture given in Mauritius by Philip Bartle QC. Fortunately I have his permission. Otherwise I would be guilty of infringing the very principles of ethics which I am advocating.

8. In so far as Birkett‟s principles refer to counsel‟s duty to the court they are consistent with a number of statements of high authority. Examples given by Philip Bartle are these. In Rondel v Worsley2, (now largely overruled by Arthur Hall v Simons below) Lord Denning MR, who was perhaps the most famous Master of the Rolls we ever had, said this in 1966:

  •  “(Counsel) … has a duty to the Court which is paramount. It is a mistake to suppose that he is the mouthpiece of his client to say what he wants, or his tool to do what he directs. He is none of these things. He owes allegiance to a higher cause. It is the cause of truth and justice”.


9. In Saif Ali v Sydney Mitchell3 in 1980 Lord Diplock put it thus:

  •  “The special characteristic of a barrister's work upon which the greatest stress is laid by their Lordships was that he does not owe a duty only to his client; he owes a duty also to the court. This is an overriding duty which he must observe even though to do so in the particular case may appear to be contrary to the interests of his client. Furthermore a barrister has to exercise his judgment as to where the balance lies 


1James A George, The “Rambo” problem: Is Mandatory CLE the Way Back to Atticus? 62. La. L. Rev 467, 505(2002), George (quoting Jerome P Facher, Washington Lee Law School Commencement Speech, May 14 2000)
2[1966] 3 WLR 950 at p. 962
3[1980] AC 1985


  • between these competing duties immediately and without opportunity for calm reflection as the trial inexorably proceeds…The rules which may appear to conflict with the interests of the client are simple to state, although their application in borderline cases may call for a degree of sophistry not readily appreciated by the lay client, particularly one who is defendant in a criminal trial. A barrister must not wilfully mislead the court as to the law nor may he actively mislead the court as to the facts; although, consistently with the rule that the prosecution must prove its case, he may passively stand by and watch the court being misled by reason of its failure to ascertain facts that are within the barrister's knowledge. Questions of considerable nicety may arise as to what constitutes sufficient foundation or relevance to justify the particular aspersion which his client wants him to make”.

In Giannarelli v Wraith, Shulkes v Wraith4, Mason CJ said (in an Australian case in
1988) that the barrister

  • ‟s duty to the court:“epitomises the fact that the course of litigation depends on the exercise by counsel of an independent discretion or judgment in the conduct and management of a case in which he has an eye, not only to his client‟s success, but also to the speedy and efficient administration of justice. In selecting and limiting the number of witnesses to be called, in deciding what questions will be asked in cross-examination, what topics will be covered in address and what points of law will be raised, counsel exercises an independent judgment so that the time of the court is not taken up unnecessarily, notwithstanding that the client may wish to chase every rabbit down its burrow. The administration of justice in our adversarial system depends in very large measure on the faithful exercise by barristers of this independent judgment in the conduct and management of the case.‟

Finally, in Arthur Hall v Simons5in 2002, Lord Hoffmann said:

  • “Lawyers conducting litigation owe a divided loyalty. They have a duty to their clients, but they may not win by whatever means. They also owe a duty to the court and the administration of justice. They may not mislead the court or allow the judge to take what they know to be a bad point in their favour. They must cite all relevant law, whether for or against their case. They may not make imputations of dishonesty unless they have been given the information to support them. They should not 


4[1988] 81 ALR 417 at p.421
5[2002] 1 AC 615 at p.686 and p.6926

waste time on irrelevancies even if the client thinks that they are
important. Sometimes the performance of these duties to the court may
annoy the client…

  • I have no doubt that the advocate's duty to the court is extremely important in the English system of justice… The substantial orality of the English system of trial and appellate procedure means that the judges rely heavily upon the advocates appearing before them for a fair presentation of the facts and adequate instruction in the law. They trust the lawyers who appear before them; the lawyers trust each other to behave according to the rules, and that trust is seldom misplaced... ”
Lord Hope said much the same in the same case:

  • “The advocate's duty to the court is not just that he must not mislead the court, that he must ensure that the facts are presented fairly and that he must draw the attention of the court to the relevant authorities even if they are against him. It extends to the whole way in which the client's case is presented, so that time is not wasted and the court is able to focus on the issues as efficiently and economically as possible. He must refuse to put questions demanded by his client which he considers unnecessary or irrelevant, and he must refuse to take false points however much his client may insist that he should do so. For him to do these things contrary to his own independent judgement would be likely to impede and delay the administration of justice.… The duty which the advocate undertakes to his client when he accepts the client's instructions is one in which both the court and the public have an interest. While the advocate owes a duty to his client, he is also under a duty to assist the administration of justice…his duty to the court and to the public requires that he must be free, in the conduct of his client's case at all times, to exercise his independent judgment as to what is required to serve the interests of justice. He is not bound by the wishes of his client in that respect, and the mere fact that he has declined to do what his client wishes will not expose him to any kind of liability”.

10. These principles are easy to state but it can readily be seen that they are not always easy to apply. However, it is the principles which I want to stress. I do so because they are in my opinion of great importance from the judge‟s point to of view and thus to the administration of justice. I will return to this point in a moment.The legislation7

11. The advocate‟s duty to the court was first given a statutory foundation in England by section 42 of the Access to Justice Act 1999, which inserted new subsections into sections 27 and 28 of the Courts and Legal Services Act 1990. These duties have now been replaced in identical terms in the Legal Services Act 2007 section 188 (in force from 1 Jan 2010). These subsections apply to every person who exercises rights of audience before any court and who conducts litigation in relation to proceedings before any court.

12. Section 188(2) and (3) (formerly section 27(2A)) provides that:

  • “(2) A person to whom this section applies has a duty to the court in question to act with independence in the interests of justice.(3) That duty, and the duty to comply with relevant conduct rules imposed on the person by section 176(1), override any obligations which the person may have (otherwise than under the criminal law) if they are inconsistent with them.

13. The rules of civil procedure in England are known as the Civil Procedure Rules (or the CPR). These rules were introduced as a result of a detailed report on Access to Justice produced by Lord Woolf when he was Master of the Rolls. They came into force in 1999 and they made a big difference to the way civil procedure is conducted in England. One of the important provisions of the CPR is a duty imposed on the parties (and therefore their counsel) to co-operate with each other and with the court. This is involves the parties‟ disclosing fully their cases and their evidence to the other side and to the court long before the trial begins. In the old days, part of the game was to take the other side by surprise if at all possible. 
That is not now possible. 

14. Also, in 1968 in a case called Allen v Sir Alfred McAlpine & Sons Ltd6 the Court of Appeal very foolishly held that defendants had no duty to take active steps in an action and that it was permissible for them to let sleeping dogs lie. It was well 8 known that plaintiffs‟ solicitors were often very sleepy indeed. So long delays often occurred and then, when they woke up, the defendants applied to strike the action out for want of prosecution. If the court struck it out, which it would do if it held that there could no longer be a fair trial because of prejudice caused by the delay, the plaintiff simply started again, this time against his solicitors. At the trial of the action against the solicitors (or their insurers) the question was what were the plaintiffs

  • ‟ prospect of success at the original trial. This was a difficult question to answer because the court had already held that a fair trial was impossible. I am pleased to say that under the CPR this cannot happen because it is the duty of the defendant as well as the plaintiff to minimise delay. 

15. Under the CPR it is the express duty of the parties, and hence their legal advisers (including advocates), to help the court to further the overriding objective to enable the court to deal with cases justly. By CPR 1.3. dealing with a case justly includes, so far as is practicable, ensuring that the parties are on an equal footing; saving expense; dealing with the case in ways which are proportionate to the amount of money involved, to the importance of the case, to the complexity of the issues and to the financial position of each party; ensuring that it is dealt with expeditiously and fairly; and allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases.

16. These are very wide obligations and have in the main been construed widely, although Philip Bartle has drawn attention to a decision of the Court of Appeal in 2007, namely Khudados v Hayden7, where it was held that the overriding objective did not impose a duty on a barrister to draw to the court's attention evidence which was favourable to the other side and unfavourable to his client. It said this:

6-[1968] 2 QB 229
7-[2007] EWCA Civ 1316 at [39]9

  • “Ensuring that the parties are on an equal footing requires the court to ensure that each party is afforded a reasonable opportunity to present his case under conditions which do not place him at a substantial disadvantage vis à vis his opponent. In my judgment fairness does not require counsel to place his own client at a substantial disadvantage by acting contrary to his interests. Whatever may be the requirement to help the court, it cannot in my judgment, extend so far as to impose upon counsel a duty in conflict with his proper duty to his client”.

So it is not always clear what the position may be.

17. The overriding objective has frequently been widely construed. Philip Bartle gives this example from the 1992 decision of the Court of Appeal in Ashmore v Corporation of Lloyd’sthat:

  • “The parties and particularly their legal advisers in any litigation are under a duty to cooperate with the court by chronological, brief and consistent pleadings which define the issues and leave the judge to draw his own conclusions about the merits when he hears the case. It is the duty of the counsel to assist the judge by simplification and concentration and not to advance a multitude of ingenious arguments in the hope that out of ten bad points the judge will be capable of fashioning a winner. In nearly all cases the correct procedure works perfectly well. But there has been a tendency in some cases for legal advisers, pressed by their clients, to make every point conceivable and inconceivable without judgment or discrimination.”

The Code of Conduct of the Bar

18. The Code seeks to balance the duty of the barrister to the court and his duty to his client. It is a balance which it is often difficult to carry out. Tricky questions can arise which are not easy to answer, although in real life problems arise only rarely and should be approached with a large dose of common sense. I say this although I once got up in the Court of Appeal, after my opponent had addressed them at 10 considerable length, and said that justice and commonsense suggested that the judge at first instance was rights. Oliver LJ immediately said to me: „ Mr Clarke, commonsense suggested the world was flat.‟ I was flummoxed and thus speechless. I should not have been because later, when thinking about it in Middle Temple Lane where all the best points are thought of (after the case is over), I realised that the Lord Justice was wrong – because of the horizon.

19. The Code highlights the nature of the balance which has to be struck. As before I am grateful to Philip Bartle for extracting the relevant provisions. They are these. Chapter 3 sets down “Fundamental Principles” which govern a barrister‟s conduct and seeks to identify the relevant balance between the duty which he owes to the court and the duty he owes to his client.

20. By paragraph 302, a barrister has an overriding duty to the court:

  • i. to act with independence in the interests of justice
  • ii. to assist the court in the administration of justice, and
  • iii. not to deceive or knowingly or recklessly mislead the court.

By paragraph 303(a), a barrister must

  •  “promote and protect fearlessly and by all proper and lawful means the lay client's best interests and do so without regard to his own interests or to any consequences to himself or to any other person (including any colleague, professional client or other intermediary or another barrister, the barrister‟s employer or any Authorised Body of which the barrister may be an owner or manager)”.
 By paragraph 307(c), a barrister must not compromise his professional standards in order to please his client, the Court or a third party, including any mediator.

21. Chapter 7 includes these duties. By paragraph 701(a), a barrister

  •  “must in all his professional activities be courteous and act promptly, conscientiously, diligently and with reasonable competence and take all reasonable and practicable steps to avoid unnecessary expense or waste of the court's time and to ensure that  

8-[1992] 1 WLR 446, at p.45311


  • professional engagements are fulfilled.” Legal professional privilege protects a client from having communications he has had with his legal advisors about the matter on which they have been nstructed being disclosed to a third party, unless those instructions were sought in furtherance of a criminal enterprise

In addition, paragraph 702 provides that a barrister must preserve the
confidentiality of the lay client's affairs even after the barrister has ceased to act
for the client.

22. Paragraph 708 gives specific instances of the obligations on a barrister when conducting proceedings in court. They include obligations that a barrister is personally responsible for the conduct and presentation of his case and must exercise personal judgement upon the substance and purpose of statements made and questions asked; must not, unless invited to do so by the court or when appearing before a tribunal where it is his duty to do so, assert a personal opinion of the facts or the law; must ensure that the court is informed of all relevant decisions and legislative provisions of which he is aware whether the effect is favourable or unfavourable to the contention for which he argues; must bring any procedural irregularity to the attention of the court during the hearing and not reserve such matter to be raised on appeal; must not adduce evidence obtained otherwise than from or through the client or devise facts which will assist in advancing the lay client's case; must not make a submission which he does not consider to be properly arguable; must not make statements or ask questions which are merely scandalous or intended or calculated only to vilify insult or annoy either a witness or some other person; must if possible avoid the naming in open Court of third parties whose character would thereby be impugned; must not by assertion in a speech impugn a witness whom he has had an opportunity to cross-examine unless in cross-examination he has given the witness an opportunity to answer the allegation; must not suggest that a victim, witness or other person is guilty of crime, fraud or misconduct or make any defamatory aspersion on the conduct of any other person or attribute to another person the crime or conduct of which his lay client is accused unless such allegations go to a 12matter in issue (including the credibility of the witness) which is material to the lay client's case and appear to him to be supported by reasonable grounds.

23. These seem very daunting obligations but in reality they are not so bad as they sound and are central to the discharge of the obligations identified by Birkett.

24. Although I have referred to the Code of Conduct of the Bar, advocacy in England is no longer the preserve of the Bar. There are now both solicitors and, for some cases, legal executives who have rights of audience. The solicitors have a similar code which contains similar, if not identical, principles. So no doubt do codes issued by ILEX and other equivalent regulators outside the jurisdiction. The ethical principles to which I have referred of course apply to all advocates and not just to barristers. 
Relevant (or irrelevant) experience

25. I have some experience in this regard. I leave it to you decide whether or not it is of assistance but, if it is of assistance it is to underline the importance of ethics in practice at the Bar. Its importance is again that recognised by Birkett, viz integrity. It is not to put it too high to say that the well-being of a democratic society depends upon the rule of law and the rule of law depends upon the impartial administration of justice by independent judges, which in turn depends upon the complete absence of corruption in the system. 

26. Judges in England and Wales are not of course all brilliant, although all my colleagues in the Supreme Court can of course properly be so described. There are hopeless judges, just as there are hopeless advocates. Some judges and, indeed some advocates (not of course present here today) may even be, or at least be said 13 to be, incompetent. Fortunately we have been free of corruption amongst the 
judiciary. 

27. In all my 18 years on the Bench I have never been offered a bribe. Pity! I have not therefore had the opportunity offered to the (no doubt apocryphal) judge in the USA, who received an envelope from both parties before a trial began. When he opened them, he found US$10,000 in one from the plaintiffs and US$5,000 in the other. When the trial began he explained the position in open court and said that he proposed to give US$5,000 back to the plaintiffs, which would enable the trial toproceed on an equal playing field.

28. When I first started I spent many years practising at the maritime and commercial Bar. As time went by I obtained a certain amount of experience as to what should and should not be done. My first recollection is as a pupil. My pupil master, Barry Sheen (later Sheen J) was instructed in a shipping collision action between 
the owners of a Spanish cargo vessel and British Rail as owners of a ferry. British Rail was at the time part a state owned entity. The Spanish were convinced that they could not possibly win against an organ of the state, at any rate without sending an appropriate sweetener to the judge. They told their counsel (Barry Sheen) that they proposed to send something to the judge and, so far as I recall,asked him how they should set about it. He was appalled and said that, if they did any such thing he would have nothing to do with them or their case. So far as I am aware, they did not approach the judge. At all events the trial proceeded and the Spanish won 100 per cent.

29. The expertise, competence and integrity both of the judges and lawyers are of critical importance. The Admiralty and Commercial courts in London continue to be fora of choice in a wide variety of international disputes. As a result legal 14services in London have made a significant contribution to the UK‟s invisible
exports. Long may it last, but it will only do so if advocates maintain those standards –

  • including that of absolute integrity – in the future. For these reasons, I suggest that the judges, in whatever part of the world they operate have strong reasons for upholding high standards among the lawyers who conduct cases before them. 

30. I do not want to sound too holier than thou but I do genuinely believe in the importance of standards. As my mother would say, standards must be kept. That is not to say that there may not be an element of self-interest in maintaining these standards. At the Bar in general and, and at a small Bar in particular, self-interest 
is an extremely good disciplinarian. When I first started I practised in a very small area indeed, mostly against my old friend David Steel, now Mr Justice David Steel, who is of course (I am very pleased to say) here today. We were principally engaged in what was known as wet shipping work. They were mostly ship collision cases – first collisions in the Thames and later collisions in the English Channel – which kept us amused for years until the authorities very meanly introduced one way traffic lanes at the most hazardous points in the Channel which reduced the number of collisions dramatically.

31. I like to think that we would in any event have followed the principles set out in the cases I have entioned to the letter, but the significance of being part of a small specialist Bar was this. One might have a good case one day but one would almost certainly have a bad case the next. Everyone knew everyone else and it soon became clear who you could trust and who you could not. It soon became known whose ethical standards
were (how shall I put it?) lower than they should have been. There were few people in that category and they did not on the whole last long because, at the Bar, reputation is everything. I would advise all advocates always to follow the highest 15 ethical standards. That is partly because it is in principle the right thing to do, but also because by doing so the lawyer‟s reputation and hence his or her practice will be much enhanced. So too will the reputation of the courts before whom he or she appears.

32. I have two examples of integrity which are to my mind a testament to the way our system operates. In the first example, I was counsel in a maritime case against Nicholas Phillips, later of course Master of the Rolls and Lord Chief Justice and now President of the Supreme Court. I handed him a document in the course of the trial which I intended him to have. Unfortunately, like a fool, I also gave him at the same time a number of my client‟s witness statements, which were of course privileged and which I certainly did not intend him to see.

33. What should he do? Should he return them to me without looking at them? Would that be a breach of his duty to his clients? Should he disclose them to his clients on the basis that they were plainly relevant to the issues in the action and use them as appropriate in cross-examination of my witness? Should he return them to me but read them first and, either with or without making copies, then use their contents at the trial? At the time this happened, there was as I recall no learning on the correct approach. Now there is. In fact he immediately returned them to me without looking at them. He did it instinctively without looking at the documents. He did it because it was the right thing to do in circumstances when he knew that I had disclosed them to him by mistake. The subsequent authorities show that his decision was correct. 

34. My second example is this. I was involved as a junior in a substantial piece of commercial litigation. It was the afternoon before the trial. I was present at a discussion with my leader, Michael Thomas QC, who was later Attorney General in Hong Kong. We thought that our clients‟ case was probably correct but the
evidence in support of it was thin. A brown envelope appeared address to my 16 leader. He opened it. It was from Michael Mustill QC (later of course Lord Mustill). It said, in effect: „Dear Michael, You might be interested in the enclosed document. Yours ever, Michael‟. In the envelope there was a document which
showed that our clients‟ case was correct and that they would almost certainly win if it was put before the court. The other side had to capitulate. The disclosure was of course an example of the operation of the English rules of disclosure.

35. These high standards are critical, not only in the world of which I (at any rate at one time) had xperience, but across the board. It is particularly so of criminal trials. I am ashamed (or at least very sorry) to say that I never addressed a jury as counsel, but I did try a number of cases as a judge, viz: as an assistant recorder, a
recorder and finally as a High Court Judge. The more cases I tried, especially the more serious cases I tried as a High Court Judge, the more it became clear to me that the judge must be able to rely absolutely upon what he (or she) is told by prosecuting counsel. This is particularly true in relation, for example, to the disclosure of unused material and to material which may be subject to public interest immunity. Many of the most striking miscarriages of justice have been caused by a failure by the prosecuting authorities to disclose relevant information which might be favourable to the defence. I do not claim to be an expert on the
criminal trial but in no case, either at first instance or in the Court of Appeal Criminal Division, have I ever had cause to doubt the integrity of prosecuting counsel. Long may it continue. I sometimes worry that there may be a temptation in the future for the prosecuting authorities to allow financial pressures and their
consequent targets and cuts to lead to their cutting corners. It is difficult, if not impossible, to reconcile cutting of such corners with Birkett‟s principles of integrity.

36. I do not of course know how these examples resonate with you. In giving them, I am not seeking to comment in any way upon the practice here in Malaysia, but 17 only to give you a flavour of the way we try to operate in the United Kingdom, which I hope may be of interest to you. The behaviour of judges

37. Up to now I have been referring principally to the ethical standards required of advocates. As I have said, these seem to me to be of great importance to the judges, because, as judges, we rely upon the good faith of the lawyers who conduct cases before us in very many ways. Moreover, at any rate in England, the 
judges are chosen from practising lawyers and, to a lesser extent, academics, and we hope that they will bring to the Bench the ethical standards they have followed in practice and, in their turn, will require the same standards who will appear in front of them. In short, the rule of law depends upon the existence of a high 
quality judiciary, which in turn depends upon the brightest and the best becoming judges.

38. One of the topics discussed at the Washington conference I referred to earlier was entitled „Professionalism and Civility on the Bench‟. The papers we saw show that there has been much discussion in the USA in recent years about the importance of proper behaviour by judges. Those papers in particular stress the importance of civility on the bench (both between the judge and counsel and between the judges among themselves) and indeed among lawyers.

39. Two particular comments under the heading of „Civility ‟ caught my eye. The first is a quote from Justice Anthony Kennedy:

  • “Civility is the mark of an accomplished and superb professional, but it is even more than this. It is an end in itself. Civility has deep roots in the idea of respect for the individual. We are civil to each other because we respect one another‟s human aspirations and equal standing in 18 democratic society. We must restore civility to every part of our legal system and public discourse. Civility defines our common cause in advancing the rule of law. Freedom may be born in protest, but it survives in civility.”


40. The second is that civility is courtesy, dignity, decency and kindness. It has been defined in the Virginia Bar Associations‟ Creed as follows:

  • “Courtesy is neither a relic of the past not a sign of less than fully committed advocacy. Courtesy is simply the mechanism by which lawyers can deal with daily conflict without damaging their relationships with their fellow lawyers and their own well-being. Civility is not inconsistent with zealous advocacy. You can be civil while you‟re aggressive, upset, angry and intimidating; you‟re just not allowed to be rude. Unfortunately, some lawyers and the public don‟t understand the differences.” 9

41. There are a number of codes of practice for judges in the USA to which we were referred, notably in Delaware, Florida and Ohio but I append to my paper the ABA Guidelines for Conduct, first under the heading „Courts Duties to Lawyers‟ and then „Judges Duties to Each Other”.

42. These principles apply to both the Bar and the Bench. They underpin Birkett‟s principles of integrity and the ethical principles which are one of the bases of the rule of law. I commend them to you.

43. Finally, I would like to thank you for inviting me to Malaysia, where we have all had a few days‟ holiday together during which we have enjoyed ourselves enormously.

9-Allen K Harris, The Professionalism Crisis – The „Z‟ Words and Other Rambo Tactics: The Conference of Chief Justices‟ Solution 12 ABA Prof. Law 1 (2001) (citation omitted) 19American Bar Association Guidelines for Conduct:

Courts’ Duties to Lawyers

1. We will be courteous, respectful, and civil to lawyers, parties, and witnesses. We will maintain control of the proceedings, recognizing that judges have both the obligation and the authority to insure that all litigation proceedings are conducted in a civil manner.
2. We will not employ hostile, demeaning, or humiliating words in opinions or in written oral communications with lawyers, parties or witnesses.
3. We will be punctual in convening all hearings, meetings and conferences; if delayed, we will notify counsel, if possible.
4. In scheduling all hearings, meetings and conferences we will be considerate of time schedules of lawyers, parties and witnesses.
5. We will make all reasonable efforts to decide promptly all matters presented to us for decision.
6. We will give the issues in controversy deliberate, impartial and studied analysis and consideration.
7. While endeavouring to resolve disputes efficiently, we will be considerate of the time constraints and pressures on lawyers by the exigencies of litigation practice.20
8. We recognize that a lawyer has a right and a duty to present a cause fully and properly, and that a litigant has a right to a fair and impartial hearing. Within the
practical limits of time, we will allow lawyers to present proper arguments and to
make a complete and accurate record.
9. We will not impugn the integrity or professionalism of any lawyer on the basis of the clients whom or the causes which a lawyer represents.
10. We will do our best to insure that court personnel act civilly towards lawyers, parties and witnesses.
11. We will not adopt procedures that needlessly increase litigation expense.
12. We will bring to lawyers‟ attention uncivil conduct which we observe.21

American Bar Association Guidelines for Conduct:
Judges’ Duties to Each other

1. We will be courteous, respectful and civil in opinions, ever mindful that a position articulated by another judge is the result of that judge‟s earnest effort to interpret the law and facts correctly.
2. In all written and oral communications, we will abstain from disparaging personal remarks or criticisms, or sarcastic or demeaning comments about another judge.
3. We will endeavour to work with other judges in an effort to foster a spirit of cooperation in our mutual goal of enhancing the administration of justice.