KUALA LUMPUR, Oct 9 (Bernama) -- The government has agreed in principle to several policy measures aimed at improving the structure of the Legal Profession Qualifying Board (LPQB), including transforming it into a body corporate.
Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) M. Kulasegaran said the policy decisions, approved by the Cabinet on Aug 1, are intended to enhance the board’s accountability, which, among others, will require it to table an annual report of its activities in Parliament.
He said LPQB membership will also be expanded to make it more inclusive, with greater representation from various stakeholders in the legal profession, including the Malaysian Bar, academic staff from private higher learning institutions’ law faculties, and legal practitioners from Sabah and Sarawak.
Kulasegaran added that the position of Deputy Chairman will be created, and the board will be required to convene at least six meetings a year.
“It is hoped that with these enhancements, the Qualifying Board will become more effective and efficient in carrying out its functions relating to admission qualifications into the legal profession,” he said during question time in the Dewan Rakyat today.
He was responding to a question from S. Kesavan (PH–Sungai Siput), who wanted to know what actions were being taken by the government to reform and improve the LPQB, which, among others, has allegedly failed to perform its statutory responsibilities under the Legal Profession Act 1976 (Act 166) since 1985.
Addressing the issue, Kulasegaran said the matter referred to the LPQB’s decision to discontinue the registration of articled clerks, which was one of its statutory functions under the Act.
He said the board had provided justification for this decision, including the lack of infrastructure to conduct articled clerkship courses and the existence of sufficient alternative pathways for law graduates to qualify as advocates and solicitors in Malaysia.
“In March 2025, the LPQB submitted a proposal for the government’s consideration to amend Act 166 to formally abolish the provisions related to articled clerkship. The proposal is currently under detailed review by the Legal Affairs Division (BHEUU) of the Prime Minister’s Department,” he said.
In response to a supplementary question from Datuk Che Mohamad Zulkifly Jusoh (PN–Besut), who asked whether the LPQB had formally breached its statutory duties, Kulasegaran said the board’s failure to implement the articled clerkship programme since 1985, despite its inclusion in the Act, amounted to a serious oversight.
He noted that while the LPQB had carried out other statutory functions, its unilateral decision to discontinue articled clerkship without official government approval had significant legal implications.
“In 1985, the LPQB recommended that the government abolish articled clerkship, but the government at the time did not provide any feedback. Subsequently, the board decided on its own to cease the programme, which, in my view, was a clear act of negligence,” he said.
On Tuesday (Oct 7), the Federal Court upheld the Court of Appeal’s decision that the LPQB had acted beyond its powers when it abolished the articled clerkship or professional practical training programme in the legal field.
The programme, provided for under Act 166, served as a pathway for individuals to qualify as lawyers without pursuing a full-time law degree at higher learning institutions.
-- BERNAMA
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