Circular No 250/2019
Dated 19 Nov 2019

To Members of the Malaysian Bar

Update | Application for Declaratory Relief with Regard to Legal Professional Privilege: Malaysian Bar v Director General of Inland Revenue (19 Nov 2019)

We refer to Circular No 096/2018 dated 6 Apr 2018 entitled “Update | Application for Declaratory Relief with Regard to Legal Professional Privilege: Malaysian Bar v Director General of Inland Revenue (6 Apr 2018)”, informing Members of the status of this pending matter.

The Director General of Inland Revenue (“DGIR”)’s appeal to the Court of Appeal is likely to be fixed for hearing in early 2020.

To view the High Court Order dated 2 Apr 2018 containing prayers sought and obtained by the Malaysian Bar against the DGIR, please click here (see pages 2 to 7).

Members are advised to refer to paragraph 3 of the High Court Order, and note that if the DGIR or any of his officers requests or demands access to, or disclosure of, any information relating to the client accounts of a law firm, Members are required to reject any such request or demand unless legal professional privilege (also referred to as “solicitor-client privilege” or “legal privilege”) is waived by the client.  

Additionally, if any such requests or demands have been made by the DGIR or his officers since the date of the High Court Order, Members are requested to contact Vilashini Vijayan, Assistant Director, by telephone at 03-2050 2095 or by email at vila@malaysianbar.org.my.

We will notify Members as and when there are developments.

Should you have any enquiries, please contact Vilashini Vijayan, Assistant Director, at the contact details provided above.

Thank you.

Anand Raj
Chairperson
Tax Subcommittee of the Corporate and Commercial Law Committee