2009年5月18日 星期一

Who is above the law?

As a lawyer, i am disgusted, disgruntled to the arrest of 5 lawyers send by the BAR Council Legal Aid Bureau on May 7.

As a lawyer as well as politician, i have no reserved in giving my support to the BAR Council Resolution passed on last friday, May 15 to condemn the Police, Home Minister and IGP.

On May 7, the 5 legal aid lawyers was refused entry to see their client who were being arrested earlier. After being denied access, they were wandering outside the police station hoping to get the green light from the station authority in the next moment.

However, unknown to them, what awaits them in the next moment has the potential to shocked the world. They were being arrested which was later claimed by the Home Minister and IGP that the lawyers has breach the law, threatening national security.

The five lawyers were executing their professional duty which was guranteed under S.28A(4)of the Criminal Procedure Code. It clearly laids down that the arrested person has the right to consult legal advice from legal practitioner in the custody. The five lawyers not only refused entry to exercise their professional duty and violated s.28A denying the basic right of the arrested person.

Our learned Home Minister, IGP were right in the sense that no one is above the law. I have to give them compliment in recognising this principle. However, has the lawyer placing them above the law? They are only ordinary professional trying to carry out their professional duty. On the other hand, the police has clearly violated S.28A of the Criminal Procedure Code.

The lawyers never place themselves above the law, but is the police above the law? Maybe the intelligent Home Minister and IGP could enlightened me on this matter.

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