Nicholas Ni Kok Chin - LL.B.; B.Econs.(Business & Accountancy), Post. Grad. Dip (Business Law),
My ref: CIV1981 of 2010 & CACV41 of 2010.
Tuesday, November 23, 2010
The Chairperson
The Legal Practice Board
Atten: Mr. Shung Kee Neoh, Legal Officer.
5th Floor, Kings Building, 533 Hay Street
PERTH WA 6000
Telephone: (08) 6211 3600; Facsimile: (08) 9325 2743
The Principal Registrar
Magistrates Court of WA
Central Law Courts
501 Hay Street
PERTH WA 6000
501 Hay Street
PERTH WA 6000
Criminal Matters
Telephone: (08) 9425 2222
Facsimile: (08) 9425 2777
Criminal Listings Enquiries: (08) 9425 2497 / (08) 9425 2261
Facsimile: (08) 9425 2777
Criminal Listings Enquiries: (08) 9425 2497 / (08) 9425 2261
Dear Sir FACSIMILE TRANSMISSION
TWO CRIMINAL CHARGES UNDER SECTION 13(1) OF THE LEGAL PROFESSION ACT, 2008
Thank you for your facsimile letter dated 22.11.2010 responding to my two facsimile letters dated 11.10.2010 and 20.10.2010 and my letter to the Magistrates Court dated 21.11.2010.
Paragraphs 5 & 6 of the your letter request me to confirm in writing on an urgent basis that I refrain from using even the title “Lawyer” that is being allowed by Colum 1 in the Table of regulation 5(2) of the Legal Profession Regulations, 2009 (the Regulations) without any intention on my part to uphold to the public that I am entitled to legal practice without a practice certificate issued by the regulator of the legal profession in Western Australia. The rules of procedural law are either directory rules or mandatory rules. They set out duties and procedures which the legislature expects to be obeyed. The commands of a legislature are peremptory. It is intended that they shall be obeyed. The legislature may simply trust its officers to yield implicit obedience or if it sees fit attach a penalty as punishment for disobedience. In either case it is a matter between the legislature and its officers[1]
Please note that whenever I use my title “Lawyer” which I am allowed to by the law, I always qualify it with the disclaimer that I am not entitled to be engaged in legal practice except as a litigant in person or acting as a free agent, or Amicus Curiae or McKenzie friend for one of my sons whose interests coincide with my own personal interests. Hence there is no question of conflict of interests. In this manner I am not playing the public role of a court officer who has a responsibility to be fair to the other party. Not playing this public role, I do not have this public responsibility and therefore I do not act in conflict of interests but at the same time I am giving notice to any parties who intends to act in a predatory manner against my son or my family member, that he beware that there is a man who is knowledgeable in the law protecting his son or sons or his family member or even his friend or friends. There are public interests those members of the public need to be protected from the marauding wrongs of an erring lawyer. The protection of the public interests also coincides with the role of the regulator of the legal profession in WA.
However, in order to avoid having any trouble with the regulator arising out of the unwillingness of the regulator to comprehend the law fully or to administer the law fairly, I am prepared to concede to your demand that I give a written undertaking to you which I do now, that I shall refrain from using my title “Lawyer” until I have a current practice certificate PROVIDED the Legal Practice Board explains fully its position in the Statutory Declaration it is preparing on my behalf its reasoned statement why I should contradict the law as contained in regulation 5(2) of the Regulations. This is because when Parliament lays down a statutory requirement for the exercise of legal authority it expects its authority to be obeyed down to its minutest details. But what the courts have to decide in a particular case is the legal consequence of non-compliance on my rights viewed in the light of a concrete state of facts and a continuing chain of events[2]
Yours faithfully
NICHOLAS N CHIN
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