Speech by Penang Chief Minister Lim Guan Eng at Lawasia Family Law Conference on Friday, 13^th July 2012: 

Speech at Lawasia Family Law Conference 

Welcome to Penang for this 4^th LAWASIA Family Law Conference, and I am pleased that LAWASIA have chosen to return to Penang, where I am given to understand your first LAWASIA Family Law Conference was held in 1992. Those of you who were here in 1992 will notice the changes that have taken place in Penang over the past 20 years.

Since 2008, when George Town was declared a UNESCO World Heritage Site, we have striven to preserve the historic character of our city, and have been rewarded by the astonishing transformation of the heritage enclave led by Penangites, returning Penangites and others who have rediscovered and learnt to love our old shophouses, courtyards and streets, and have brought about a resurgence in music and the arts. This weekend sees the conclusion of our month-long annual George Town Festival, and I hope that some of you will take the opportunity to experience some of the international events that will be taking place.

For the past two years running, George Town has been ranked the most liveable city in Malaysia for Asian expatriates. We believe that Penang is also a good place to do business, and we have topped the investment charts in Malaysia for manufacturing investment again for the second year running. In fact, Penang has contributed 30% of Malaysia's Foreign Direct Investment over the past 2 years.

Penang is of course where the Malaysian modern legal system began, and much of our past success has been due to the rule of law and the systems of justice and administration inherited from the British. In front of the Penang High Court, is the Logan Memorial built more than a century ago in honour of a Scottish lawyer who used the law to champion the rights of the local population in Penang. With its four representations of Temperance, Wisdom, Fortitude and Justice, this memorial serves as a reminder of the virtues that are required of those who would uphold justice and the rule of law.

The rule of law serves as one of the fundamental guarantees or rights given to a citizen. It is an assurance that all people, regardless of wealth, stature, race, religion or allegiance are subject to the laws of the country and will be treated equally and fairly by it. It is a guarantee of substantive and procedural justice that is entrenched in the Malaysian Constitution. Article 8(1) of our Constitution provides that "All persons are equal before the law and entitled to the equal protection of the law".

But notwithstanding written guarantees in our Constitution, the rule of law can only flourish in society when the primary institutions that are responsible for making, implementing and upholding the law - the Legislature, the Judiciary, the Executive, the Police, the Bar - each play their own vital roles in ensuring that the rule of law is upheld. The rule of law can also only be protected with active public participation in the justice system and ongoing debate on legal rights, strengthening public institutions such as a free press and judiciary, as well as empowering the public through accessible and affordable information.

In some countries especially those facing authoritarian government who do not conduct clean elections, the integrity of many of these institutions are under threat. Will we ever hear again the immortal words: "FIAT JUSTITIA, RUAT CŒLUM" or "Let justice be done though the heavens fall" - that were powerfully invoked by Lord Mansfield in 1772 when he freed the slave in Sommersett's Case?

Slavery was common in Britain's colonies, but when a slave was transported to England, this abominable practice was prohibited by Chief Justice Lord Mansfield, who refused to be cowed by the threat of chaos should he rule for the slave. As Lord Mansfield famously intoned,

"The constitution does not allow reasons of state to influence our judgement. God forbid it should! We must not regard political consequences, however formidable they might be; if rebellion was the certain consequence, we are bound to say, Justitia fiat, ruat cœlum—Let justice be done, though the heavens fall."

Heavens did not fall as there was no chaos accompanying the abolition of slavery in England. Instead men's liberty and dignity was protected and promoted when the rule of law was upheld and justice allowed to prevail. This is an important reminder that political considerations and even threats of violence must always take a back seat to the rule of law if we are to march successfully towards a civil and civilized society. Only a civil and civilized society can we protect families and allow family law to see justice done.

Today, Malaysia operates a mixed system of laws, with civil courts applying the English common law and Muslim courts applying Muslim criminal and personal law. The boundary between the jurisdiction of the civil courts and that of Muslim sharia courts, which is sometimes exploited by litigants in family cases, is of course one of the most difficult topics in Malaysian family law, and one that our national leaders have yet to resolve successfully, but it highlights some of the issues that face developing countries across Asia.

Family law, like other areas of law in Asia, also struggles with problems of access to justice and inequality of arms that mean that the most vulnerable in society have difficulty obtaining justice in our courts. These are all issues that our politicians and legislators must address and be held accountable for if they fail to address them. I would like here to pay tribute to all those in the Bar and in civil society who have been campaigning for the rights of women and children, in particular, and for fairer and more progressive laws and justice in the administration of those laws.

I would also like to thank the Malaysian Bar and the Penang Bar Committee for supporting this conference and helping to bring it to Penang. May I wish you a very successful and fruitful conference, and I hope that you enjoy your time here in Penang.

*Lim Guan Eng, Penang Chief Minister