Legal Aid Bureau (Biro Bantuan Guaman)

Function:

Synonymous and to close functional proximity with Bar Council Legal Aid Center, Legal Aid

Bureau (Biro Bantuan Guaman) is another organization which provide free legal aid to the

general public in Malaysia. It is a governmental body, under the jurisdiction of Bahagian Hal

Ehwal Undang-Undang, Jabatan Perdana Menteri (Legal Affair Division, Prime Minister’s

Department). Provision of legal advices (orally) and legal assistance to deserving members (with

limited means of doing so) of the public are its general objectives. Consubstantial to the Legal

Aid Center (LAC) run by the Malaysian Bar Council, the BBG provides free legal advice and

representation to individuals who are deemed to have passed their qualifying criteria. Withal to

that, they also provide subsidized legal services and in the event that one does not qualify for this

either, guidance will still be provided nevertheless. Its specific functions include the followings:

1. To give legal advice on all legal matters (Fourth Schedule)

2. To represent or provide legal assistance in proceedings in all courts in Malaysia within the

jurisdiction as provided in the Second Schedule (criminal jurisdiction) and the Third Schedule

(civil jurisdiction) Legal Aid Act 1971

3. To provide mediation services

4. To promote legal awareness to the general public on their rights under the law.

Scope of Statutory Aid:

The BBG provides legal advices on all aspects which pertain to the law. The main distinction

between the BBG and LAC is that the BBG will only represent clients in criminal cases where

the client pleads guilty to his or her charge. The exceptions to this are in small criminal offence

(Kesalahan kecil jenayah) and child criminal (Jenayah kanak-kanak) cases. Cases may be

referred to the LAC or their external panel of lawyers – but the cost is borne by the BBG in as

much as clients fulfill their qualifying criteria and their cases are within the scribed purview of

legal assistance. The followings represent the jurisdiction of BBG:

1. Syariah family matters

2. Civil family matters

3. Civil cases, including:

a. workmen's compensation b. padi cultivators c. small estate (distribution)

d. road accident e. moneylenders f. hire-purchase

g. tenancy matters h. probate and letters of administration

i. adoption j. consumer claims

4. Criminal cases

5. Legal advice in all legal matters

6. Mediation for Syariah and civil cases

Documents Required for Application Purposes:

You should carry the following documents when visiting a BBG branch:

1. Identity Card

2. Children’s identity cards / birth certificate (if applicable)

3. Marriage certificate (if applicable)

4. Divorce certificate / papers (if applicable)

5. Details of defendant (accused party) e.g., name, age, job, employer, etc.

6. Any other supporting and/or relevant documents

Application Process and Eligibility:

The applicant will undergo a means test. Upon success, the applicant will be required to pay a

small token sum of registration fee of RM2.00 and to fill up some forms at the premises.

Following the submissions of the forms, an interview will be conducted to determine the full

details of the case with respect to the applicant and necessary actions to be taken thereon. The

applicant will also be mandated to sign a statutory declaration confirming if his/her annual

income is within the qualifying criteria set by BBG, and have this been certified by a

Commissioner of Oaths. Applicants should be cognizant and mindful that provision of false

information, deliberately or non-deliberately during the application process is an offense and

persecutions under Section 31 may ensue or eventuate upon discovery. Upon conviction, one

shall be fined not exceeding RM1, 000 or imprisonment of not more than 6 months

There are two main categories an applicant may fall into. Failing which, you can apply to the

Director of BBG for a special exemption.

i. First category – Free Legal Aid

Applicants whose yearly income does not exceed RM25, 000 (i.e. RM2, 083 per month)

ii. Second category – Subsidized Legal Aid

Applicants whose yearly income is more than RM25, 000 but does not exceed RM30, 000 (i.e.

RM2,500 per month).

iii. Special exemption

Applicants who do not qualify for the first or second category can apply for a special exemption

to obtain legal aid with the approval from the ministry (Y.B. Menteri). This application is made

through the Director of the BBG.

Discharge and Revocation of Legal Aid Certificate

Cancellation of Certificate

Under section 19 of the Legal Aid Act 1971 the Director General of Legal Aid or any person

appointed under subsection 3(2) may cancel a legal aid certificate. Pursuant to regulation 8 of the

Legal Aid and Advice Regulations 1970, a legal aid certificate may be revoked in any of the

following circumstances:

1. at the request of the person to whom it is issued;

2. the applicant has been required to make a contribution and any payment in respect thereof is

more than 30 days in arrears;

3. if the Director General is satisfied that the proceedings have been disposed of;

4. where the Director General is satisfied that the aided person has required the proceeding to be

conducted unreasonably so as to incur an unjustifiable expense to the Department;

5. demise of the aided person;

6. in the event that the aided person has had a receiving order made against him;

7. if the income of the aided person exceeds RM30,000.00 per annum upon further

determination;

8. if as a result of any information the Director General considers the aided person no longer has

reasonable grounds of being a party to the proceedings and it is unreasonable for him to continue

to receive legal aid;

9. if the aided person in furnishing information has knowingly made a false statement or false

representation.

Bar Council Legal Aid Centre

The Bar Council Legal Aid Centre (BCLAC) was founded by the Malaysian Bar Council with

the purpose of providing citizens equal opportunity for the enforcements of their fundamental

right to equality before the law. It is one of two organizations in Malaysia which provide free

legal advice & representation, and it has branches to represent each state in Malaysia. The

BCLAC are actively involved in pro-bono work in the community, and conduct many programs

in cooperation with other organization (e.g. All Women Action Society (AWAM), Women’s Aid

Organization (WAO), Sisters-In-Islam (SIS), Tenaganita’s Migrant Workers Desk, Pink Triangle

Foundation, and United Nation High Commissioner for Refugees (UNHCR) to provide free legal

advice & representation to relevant parties. The BCLAC is funded by the sole contribution of

members of the Bar and cases are taken on a voluntary basis by dedicated lawyers. Hinging on

this, their services are limited to those who truly have no means to seek representation privately.

Application Process and Eligibility:

Applicants will be interviewed to review his/her eligibility for their services, using the Means

Test. The counselors will then review the applicant’s case and provide guidance on future actions

required. If the applicant has not brought all the required documents, the counselors may provide

preliminary advice, but will require these documents to be submitted to proceed further.

The criteria for people who qualify for legal aid from the BCLAC are:

Applicants whose monthly income, after deduction of monthly expenses, should be:

Single person : RM650

Married couple (joint income) : RM900

Example: Single person Salary : RM1000 p/m

Monthly exp. : RM450

Balance : RM550 (QUALIFIED)

Monthly expenses include rental, utility bills, medical bills, personal expenses, monies given to

support parents/family, etc. When visiting the LAC, an applicant should provide proof of income

(e.g. payslip), monthly expenses (e.g. rental receipt, medical expenses etc.) and details of the

case he/she seek help on.

Even if an applicant does not qualify for the afore-conferred requirements, the LAC is more than

happy to provide basic guidelines and directions for further action to ‘walk-in’ clients. They also

hold a directory of legal firms available in the vicinity. They do not entertain legal queries via the

telephone, to ensure the integrity of any information given. On top of that, keep in mind that not

all cases require legal representation. For instance, for a small claims case – no legal

representation is necessary. You only need to submit a form to the Magistrate Court 9, Jalan

Duta (available there). Small claims cases include all actions where the money damages claimed

are not in excess of RM5, 000.