Oleh/By		:	DATO' SERI DR. MAHATHIR BIN MOHAMAD 
Tempat/Venue 	: 	THE DEWAN TUNKU CANSELOR, 
			UNIVERSITY OF MALAYA, KUALA LUMPUR 
Tarikh/Date 	: 	26/10/82 
Tajuk/Title  	: 	THE OPENING CEREMONY OF THE ASEAN 
			LAW ASSOCIATION GENERAL ASSEMBLY 




Mr. Edgardo Angara, President of the Asean Law
Association; Hon. Ministers; Your Excellencies; My Lords, Distinguished
guests; Ladies and Gentlemen.

When I was invited to address this Assembly my initial reaction was what
have I, as a doctor and a politician, got to say to a distinguished group
of lawyers considering that our professions are poles apart. Nevertheless
I deem it an honour and a privilege to officiate at this gathering and to
share some of my thoughts with you.

2. You are gathered here today to exchange ideas, to debate and suggest
how to overcome common legal problems that face the peoples of Asean,
problems that may be solved with the help of your experience and
expertise. from each other's country - but also to talk to Malaysians from
other walks of life and to travel a bit to see our country, to see what we
have achieved since independence 25 years ago and to see what we are
trying to achieve for ourselves and for our future generations.

4. Touching on your profession, I rather envy the ideas which lawyers have
as to how the country should be run and the facility and gay abandon with
which they express themselves whenever Government did something they
disagreed with.

5. As an example of how quick they are on the uptake I would like to
relate to you a story about a doctor who had a lawyer as a patient. The
doctor after examining the lawyer said, "I am afraid there is nothing I
can do for you. Your disease is hereditary." "Well, in that case", said
the lawyer, "send the bill to my father." 6 I also envy the precision with
which lawyers use language. For example, in another case, a doctor was
treating a lawyer suffering from diabetes and high blood pressure. The
doctor advised slimming. He said, "You are overweight. You weigh nearly
250 pounds. Tell me, what was the least you ever weighed." The
lawyer-patient answered, "8+ pounds".

Ladies and gentlemen, 

7. As this is the first conference of lawyers that I have ever addressed
it is proper for me to say something about my attitude towards the law.

8. First, I believe in the supremacy of the Constitution. The Malaysian
Government will faithfully do its duty as guaranteed to minorities, rights
guaranteed to the citizen and in some cases to the non-citizen also. The
Constitution is not infallible, having been drafted by mere man. Hence the
Constitution also provides for its amendment no doubt to make it
compatible with changing times. But the conditions for amendments are such
that the Constitution cannot be trifled with at will.

9. A written constitution is essential in a federation, especially one
with a multiracial and multi-lingual, multi-religious and multi-cultural
population. Every one concerned, not only those in Government, must
respect and uphold it.

10. Second, I affirm my support for the rule of law. I am no lawyer and
have experience of appearing in court only as a medical witness when I was
a government doctor; yet I am aware of the importance that the law plays
in protecting the life and limb, liberty and property of the citizen. No
man is above the law, not even those in power. Those in power are in fact
trustees and their duty is to promote the public good, not
self-enrichment.

11. Third, I will always respect the independence of the Judiciary. We do
not expect the courts to be pro or anti government, only pro the
Constitution and pro the law. The favour, but in accordance with the
Constitution, in accordance with the law, in accordance with the law of
evidence and procedure and justly and fairly. We shall always respect
their judgments. But the right to make laws must necessarily be that of
the legislature.

12. Fourth, in accordance with our insistence on efficiency, I will see to
it that the Judiciary will be given what it really needs by way of
manpower and physical facilities (though not what it imagines it needs) to
enable it to administer justice expeditiously and efficiently. have been
trained to comfort, soothe and to cure - I will always respect the Bar and
their independence. I promise that no member of the legal profession would
ever be penalised in the course of discharging their duties.

14. Malaysia is a young nation. One of our main concern is
development: how to improve the wellbeing of our people. In our efforts to
achieve this we find that there are so many things to do and so little
time in which to do them. In this task we need order; for order begets
stability and stable conditions give the Government the time, effort and
money to focus on development. There is no perfect Government. It is a
mistake to think that changing a Government will solve problems. We have
only to look at the countries that have changed their Government, either
by fair means or foul, to appreciate this.

15. In this effort of ours to secure order, the law plays a very important
part. In this connection I recall a statement made by our second Prime
Minister, the late Tun Abdul Razak, when opening a Conference of the
Commonwealth Magistrates' Association in this city in 1975. He said that
in his view: "...... the law is not something immutable written on tablets
of stone, but that the law is to serve man, not that man should serve the
law, though of course he should obey it ....the law is a living thing that
should be kept under constant review, that should be brought up to date
from time to time so that it will always remain suitable for contemporary
needs, so that it can be used as an instrument for satisfying the hopes
and aspirations of the people. In a developing country like Malaysia the
legal profession has a great responsibility towards
society..... (They) being the most articulate members of
society..... should be the first to spot antiquated laws and to suggest
amendments that will increase the citizen's opportunities for economic,
social and political advancement, and create and increase his
opportunities for prosperity and happiness." 

16. In this respect I share Tun Razak's sentiments. That is why I am very
pleased that so many judges, lawyers and law teachers from the five Asean
countries are gathered here today. Our five countries have had different
histories and legal experiences. Malaysia and Singapore have inherited the
English Common Law system; the Indonesians, the Dutch, i.e. Continental
system; the Philippines, the Spanish with an overlay of the American legal
system; and the Thais, the only Asean people without colonial experience,
have a different legal system.

17. Each of these systems is designed to regulate in a fair manner the
relations of man, the relations between man and the State; and prescribes
a just way of resolving disputes among them. But each system follows
different paths. Your deliberations should over a period of time produce a
synthesis of laws for the benefit of the whole of Asean.

18. I would like to touch on the subject of law as it affects trade
relations. Even before independence our five countries had trade relations
with one another. After we have all become independent, and especially
after the formation of Asean, these trade relations have increased and
become stronger.

19. History has seen the shifting of the centre of civilization. At one
time China claimed to be the centre of the universe. Events gradually
moved it to the Mediterranean. For several centuries now it has been in
Europe and latterly it is supposed to be more in the North American
Continent. After the Second World War, it can be seen that the Pacific
Basin has become more and more important. Asean with a total population of
about 250 million people is an important market. Considering also that we
are major producers of rubber, tin, oil palm and other important raw
materials, the future is indeed bright for us in Asean. We can become
great nations, no longer subject to manipulations by far-away countries,
if only we could take full advantage of our resources, including our
diligent manpower and apply then productively. In all this, lawyers and
the law have an important role to play. the laws governing international
trade. For this reason I am happy that at the Manila General Assembly you
discussed the laws relating to foreign corporations and transnational
corporations; off-shore financing; reciprocal enforcement of judgments and
reciprocal service of process; settlement of commercial disputes; and tax
systems and laws of member countries; and that here you will be discussing
the proper law for Asean corporations and the protection of intellectual
property. Intra-Asean trade is very important for our well-being and the
different laws in our five countries should as far as possible be
harmonized to promote it.

21. Multiplicity of governments is a challenge to us. Asean has five
governments. Malaysia, being a federation, has a Central Government and 13
State Governments. Our avowed aim is to harmonize the different laws that
exist on some subjects even within our own country. Progress has been slow
because of the need to consult and persuade. For example, it took us seven
years to finalize and enact the National Land Code to replace the seven
separate land enactments on the peninsular. Even today Sabah and Sarawak
each has its own Land Ordinance. I believe that the process uniformity
will ever be achieved.

22. It is too much to expect that your deliberations will produce instant
result, but let us hope that in the years to come international trade, not
only among Asean countries but also worldwide, can be governed by uniform
laws to facilitate business and, more important, to expedite the
settlement of disputes among international businessmen.

23. Talking about the settlement of disputes, I see that one of the
subjects you will be discussing this week is "Alternative Forum for the
Settlement of Disputes for the Common Man" meaning, I am told, that you
will be exploring ways and means of settling minor disputes at the village
level without too many technicalities in the way.

24. Our Lord President once remarked that the ordinary courts are slow
because they have to comply with a written Constitution, with the law,
especially the law of evidence and procedure. He also remarked that not
every litigant wants early disposal of his case, for many prefer to delay
facing the music. This and many other reasons were brought out in your
discussions at the General Assembly in Manila. Be that as it may, I hope
that the Bench and the Bar can somehow find ways and means of
administering the law in a more efficient way.

25. During your deliberations it is only proper that as professionals you
focus on legal justice. But I would like to point out that apart from
legal justice, there are other kinds of justice which are also desirable
that we should achieve, and that is economic and social justice. The
former President of the United States, Mr. Carter in a speech to American
lawyers said that in the United States there are many judges and many
lawyers but not enough justice. He was referring to legal justice. As head
of the Government I am acutely aware of the need to provide the broader
kind of justice that I mentioned. I hope that members of the legal
profession too remember that they have a wider duty to society, and that
during your deliberations and afterwards when you have gone home you will
remember the great duty of securing more than legal justice that all of us
owe to our fellow citizens.

26. I think I have said enough to this Assembly. I would now like to end
in a lighter vein. A long-winded lawyer was arguing a technical case in a
court. He had rambled on in such a desultory and soporific way that it
became difficult to follow his line of thought, and the judge had just
yawned very suggestively. With just a trace of sarcasm, the tiresome
lawyer ventured to observe: "I sincerely trust that I am not unduly
trespassing on the time of this court". "My friend", replied the Judge,
"there is a world of difference between trespassing on time and
encroaching upon eternity".

Ladies and gentlemen, 

27. I now have much pleasure in declaring open this General Assembly of
the Asean Law Association and may God grant you wisdom and guide you in
your deliberations and in your search for truth and justice.

Thank you.