1.
In early 2017, my wife and I checked the
website of the Legal Profession Qualifying Board (LPQB) and found the following
information:
“Entry
requirements for the CLP examination
In order
to qualify as a candidate of the CLP examination, you must fulfill the
following criteria:
FOR U.K.
LAW DEGREE HOLDERS:
A. A minimum of 3 credits at SPM level or
its equivalent obtained in one and the same examination.
The
qualifications which are accepted as equivalent to SPM are as follows:
• GCE
‘O' level examinations by the U.K. Boards;
• the Singapore Cambridge GCE ‘O'
level; OR
• the Unified Examination Certificate
(‘UEC')*.
AND
B. A minimum of 2 principal passes at STPM
level or its equivalent obtained in one and the same examination. The duration
of the STPM course or its equivalent shall be a minimum of 1 academic year.
The
qualifications which are accepted as equivalent to STPM are as follows:
• ‘A' level (passes at Advanced Level)
by the U.K. Boards;
• the Singapore Cambridge GCE ‘A'
level; OR
• the UEC*.
AND
C. A recognised law degree (see "WHO
HAS TO SIT FOR, & PASS, THE CLP EXAMINATION?") which was studied for a
minimum of 3 academic years and contain a minimum of 12 law subjects out of
which you must have passed 6 core subjects (i.e. Law of Contract; Law of Torts;
Constitutional Law; Criminal Law; Land Law; and Equity & Trusts which each
was studied for the duration of 1 academic year). The law degree must have been
obtained within 6 years of initial registration with the university (EXCEPT for
the LL.B from the University of London (External) which must be completed
within 7 years upon successful completion of the Intermediate Examination or a
referral thereof AND you must have obtained at least a Second Class Lower law
degree).
*NOTE: The
Legal Profession Qualifying Board, Malaysia ('The Board') in its meeting held
on 23 September 2005 had decided that the UEC is to be no longer recognised as
a qualification equivalent to SPM and STPM, respectively, for purposes of
application as candidates to sit for the Certificate In Legal Practice ('CLP')
Examination. An applicant who has a UEC is also required to possess a minimum
of 3 credits in SPM or O-Level OR 2 principal passes
at STPM or A-Level.”
2. I note that the word used is “OR” which
means my son, who has SPM and UEC certificates, is qualified to sit for CLP
when and if he graduates from law school sometime in 2019.
3. We had also checked the Frequently
Asked Questions and found the following:
“Q10: I did not sit for the Sijil Pelajaran Malaysia (SPM) and the Sijil
Tinggi Pelajaran Malaysia (STPM). Am I eligible to take the CLP Examination?
A:
There are other qualifications
which are accepted as equivalent to the SPM and STPM. Please refer to the “New
Guidelines”; “Clarification On Specific Areas In The New Guidelines” and
“Guidelines For Recognition Of Australian And New Zealand Law Degrees”. Please
note that for purposes of registration for the CLP Examination:
• A
holder of the Unified Examination Certificate also needs to have attained a
minimum of 3 credits in SPM or O-Level OR 2
principal passes at STPM or A-Level.”
4. Again, the word used is “OR”.
5. On 16.11.2017, it was reported in the
Chinese newspapers that a Member of Parliament, Teo Nie Ching was informed
recently that the LPQB has notified the local private law schools not to take
students with UEC, reason being the entry requirements for the CLP examination
has been amended and now students with UEC is required to also have STPM or A
Level.
6. I checked on the website of LPQB and
noticed that the notation has been amended to the following:
“*NOTE:
The Legal Profession Qualifying Board, Malaysia ('The Board') in its meeting
held on 23 September 2005 had decided that the UEC is to be no longer
recognised as a qualification equivalent to SPM and STPM, respectively, for
purposes of application as candidates to sit for the Certificate In Legal
Practice ('CLP') Examination. An
applicant who has a UEC is also required to possess a minimum of 2 principal
passes at STPM or A-Level.”
7. It is not stated when the amendment was
made or when it would or had come into effect. There was no public announcement
made by the LPQB. It was reported that the LPQB will decide later the fate of
students with UEC who are already studying for and will be sitting for CLP exam
next July.
8. The action of the LPQB is utterly
unfair to the students who are already enrolled in the law schools. Whatever
changes or amendments made by the LPQB should not take effect immediately
and/or retrospectively. Sufficient time and notice must be given to students
who may be affected by the changes.
9. With the 5 to 6 year cycle in secondary
school education, I suggest that the changes or amendments made must be
announced 5 or 6 years before its implementation.
10. On a separate note, I wish to touch on
the standard of UEC. While it is recognised by most universities in the world
(as far as I know students with UEC have been studying in UK, Australia, New
Zealand, USA, Canada, Germany, Singapore, Taiwan, Hong Kong, People’s Republic
of China and I believe many other countries), sadly it is not recognised in
Malaysia, resulting in brain drain to other countries.
Kee Tong Kiak
23.11.2017
