Professional Documents
Culture Documents
Praxis Jul Dec 3011 FA
Praxis Jul Dec 3011 FA
PAGE 17
PAGE 34
THE TRAN
TRANSBOUNDARY HAZE CRISIS IN MALAYSIA:
A CLEAR TRANSGRESSION OF INTERNATIONAL
ENVIRONMENTAL LAW
PAGE 41
In collaboration with
PETER MOONEY:
MOO
MORE THAN A MEMBER OF THE BAR
CONTENTS
17
EDITORS NOTE
PRESIDENTS MESSAGE
PRESS RELEASES FROM THE BAR
FEATURES/ARTICLES
17 The Oce of the Attorney General Part I: A Constitutional Conundrum
19 The Oce of the Attorney General Part II: The Constitutional Validity
of the Termination of the Services of Tan Sri Abdul Gani B Patail as the
Attorney General
23 Constitutional Patriotism: Towards Civic Nationalism vs Ethnic
Nationalism
26 The Special Position of Sabah and Sarawak in Our Federal Set-Up
31 Sedition Act An Assault on Freedom of Speech and Expression
34 The Transboundary Haze Crisis in Malaysia: A Clear Transgression of
31
International Environmental Law
36 The Malaysian Environmental Court: The Need to Extend its Reach to
Civil Liability
39 The Role of the Malaysian Bar in Environmental Law
41 Peter Mooney: More than a Member of the Bar
EVENTS
44 Upcoming Events
46 Extraordinary General Meeting of the Malaysian Bar (12 Sept 2015)
LIFESTYLE
57 Paving the Way for a Crime-Free Malaysia
CASE NOTES HIGHLIGHTS FROM THE FEDERAL
COURT
STATE BAR NEWS
41 NEW APPOINTMENTS
NEWS
CONTINUING PROFESSIONAL DEVELOPMENT
BAR UPDATES/NOTICES
79 New Admissions to the Malaysian Bar
80 List of Departed Members
80 Notice Regarding Bar Circulars and E-Blasts
80 Summary of Circulars
81 General Information on Matters Discussed at Bar Council Meetings
82 Library Update
87 Notice Regarding Documents in Bar Council's Custody: Legal Firms in
which Bar Council has Intervened
46
87 List Of Struck O Members Wherein Appeal/Reinstatement Allowed
87 Disciplinary Orders
Bar Council
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Fax No: (603) 2026 1313 / (603) 2034 2825 / (603) 2072 5818
Email: council@malaysianbar.org.my
Website: http://www.malaysianbar.org.my
Abdullah Johari Hamzah | Ahmad Zaini Samsudin | Andrew Khoo Chin Hock | Brendan
Navin Siva | Burhanudeen Abdul Wahid | Christopher Leong | Desmond Ho Chee Cheong
| Hendon Mohamed | Honey Tan Lay Ean | Jeremiah R Gurusamy | Joseph Mathews PM
Mathews | Kenny Lai Choe Ken | Kuthubul Zaman Bukhari | Low Beng Choo | Mudzafar
Shah Mohd | Norazham Yahaya | R Jayabalan | Rajpal Singh Mukhtiar Singh | Ravi Nekoo |
Ravinder Singh Dhalliwal | Richard Wee Thiam Seng | Roger Chan Weng Keng | Rosnah
Zakaria | S Gunasegaran | Salim Bashir Bhaskaran | Salwa Mansor | Sarengapani K Rajoo |
Shyama MM Narayanan Nair | Siti Hajar Che Ahmad | Sulaiman Abdullah | Surindar
Singh Chain Singh | Syahredzan Johan | Thavamani Subramaniam | Victor Paul Dorai Raj
Raphael Tay (Chairperson), Aston Paiva, David Mathew, Gregory Vinesh Das, Janet Chai,
KN Geetha, KS Shasha, Mariette Peters, Noor Arianti Osman, Alicia Tan
Praxis is the official publication of Bar Council Malaysia, published quarterly in collaboration
with LexisNexis Malaysia Sdn Bhd, for circulation to Members of the Malaysian Bar. The Constitutional Validity of the Termination of the Services
Bar Council Malaysia, and its authorised authors and designers of Praxis, accept no liability
for any loss arising from the use of, or reliance on, Praxis. Bar Council Malaysia does not of Tan Sri Abdul Gani b Patail as the Attorney General questions
warrant the accuracy of the contents thereof or any statement made by the contributors,
writers or advertisers herein, and does not accept responsibility or liability in relation thereto. the constitutional validity of the removal of Tan Sri Abdul Gani as the
Statements of contributors, writers or advertisers herein represent their personal views
and do not necessarily reflect the views of Bar Council or the Malaysian Bar. All users are
permitted to view the content of Praxis, without prejudice to the intellectual property rights
Attorney General. Each point is presented succinctly and tersely, so
belonging to Bar Council Malaysia. However, any unauthorised reproduction, duplication,
transmission or alteration, in any form or by any means, whether in part or in whole, of Praxis, there is no question of obscurity.
is strictly prohibited. Bar Council Malaysia also prohibits the use of Praxis and all or any of its
contents herein, for commercial and/or personal gain, profit or sale.
Article contribution:
questions in respect of the haze crisis enveloping the Southeast Asian
Bar Council Malaysia welcomes letters, articles, views and news (including photographs) for
possible inclusion in Praxis. However, Bar Council Malaysia reserves the right not to publish region.
or to edit those published for content, clarity, style and space considerations. Contributions
and enquiries may be directed to praxis@malaysianbar.org.my.
Circulation: 17,500 On a lighter note, Peter Mooney: More than a Member of the Bar is
Printed in Malaysia by Atlas Cetak (M) Sdn Bhd (97608-X)
Wisma Atlas, No.2, Persiaran Industri a tribute to the man himself, who had a wealth of experience serving
Bandar Sri Damansara, 52200
Kuala Lumpur, Malaysia as Crown Counsel in Sarawak, and later in the Peninsula. He passed
Tel: (603) 6273 3333, Fax: (603) 6073 3833
away on 27 Apr 2015.
T his bumper issue of Praxis highlights late President Sani Abacha of Nigeria together with another principle known
two critical issues firstly, a misappropriated state assets taking as responsible government, to guide the
major lacuna in our Constitutional and huge kickbacks from state contracts, way law is made and managed.
regulatory framework in relation to the siphoning hundreds of millions from
Oce of the Public Prosecutor and sales of Nigerian crude oil, a sad Lord Bingham, in his book titled The
secondly, the ever-pressing subject of example of grand corruption. Rule of Law, quoted Professor A V Dicey,
our environment. the Vinerian Professor of English Law at
Within the common law tradition, which Oxford, who coined the expression rule
With regard to the first matter, it is trite finds its way to our penal code and also of law in his book An Introduction to
that if a holder of high political oce who anti-corruption laws, grave oence is the Study of the Law of the Constitution
wields vast influence and power is under taken against those who abuse the (1885). Lord Bingham clarified that the
investigation, and can eect a removal powers entrusted to them by the people. expression means that if anyone you
of key personnel within investigative or I is to be penalised it must not be
bodies, it is the nation that will become The great judge Lord Mansfields for breaking some rule dreamt up by an
the primary victim when high crimes are magisterial ruling rings true still through ingenious minister or ocial in order to
alleged to have been committed. the annals of history: convict us.
The controversies arising from The duty of the defendant is obvious; Another hallmark of democracy in
the investigations of 1Malaysia he was a trustee for the public and any country is the fourth estate the
Development Berhad (1MDB) and the paymaster, for making every media. Scottish philosopher Thomas
the purported donation in the sum of charge and every allowance he Carlyle said in his book On Heroes,
around USD700 million (RM2.6 billion) knew of; If the defendant knew of Hero-Worship, and The Heroic in
that is held in the personal account the omission and if he concealed History (1841): Burke [Edmund Burke,
of the Prime Minister, is well known. it, his motive must have been Anglo-Irish statesman] said there were
Therefore, these controversies will not corrupt. That he did know was fully Three Estates in Parliament; but, in the
be repeated in this editorial. Instead, proved, and he was guilty therefore, Reporters Gallery yonder, there sat a
this editorial will calibrate its focus on not of an omission or neglect, but Fourth Estate more important than they
institutions and the weaknesses they of a gross deceit. The object could all are.
face. only have been to defraud the
public of the whole, or of part of The fourth estate plays an important role
In conjunction with the Extraordinary the interest. A man accepting an and in this respect, we salute the brave
General Meeting (EGM) of the oce of trust concerning the public, editors, newsmen, and journalists of The
Malaysian Bar held on 12 Sept 2015, especially if attended with profit, is Edge and other national newspapers
Praxis supports the motions proposed answerable criminally to the King and media agencies that despite facing
by Steven Thiru, President of the for misbehaviour in his oce; this is numerous limitations, are trying their
Malaysian Bar and Chairman of the true, by whomever and in whatever best to uphold their responsibilities. We
Bar Council, and the resolutions which way the ocer is appointed. are heartened to hear of the High Courts
were passed at the said EGM. The (R v Bembridge (1783) 3 Doug 327) order to review the decision that sets a
resolutions serve as public records of three-month suspension order against
Dengan izin, Yang Arif-Yang Arif. We are saddened. As it is in your lives, His early education was at St. Xaviers
Karpal has also left a large void and Institution, here in Penang. He excelled
Nama saya adalah Steven Thiru dan saya vacuum in the legal profession that will in English and History, which are the
mewakili Bar Malaysia. Rakan-rakan not be easily or quickly filled. Karpal seeds of knowledge for anyone who
bijaksana saya, Dato K Kumaraendran, once said that even if he were gone, pursues the law as a vocation.2 His
mewakili keluarga mendiang Karpal there would be hundreds of Karpals to parents wanted him to take up medicine
Singh, Puan Shyama Nair, mewakili take his place. We can only wish that but it was always clear that his calling
Jawatankuasa Peguam Pulau Pinang, this will come true as he was indeed a was elsewhere. As a young man, he had
dan Tuan Zaharuddin Mohd Isa, mewakili special and rare breed amongst us, a a reputation for speaking his mind3, a
Peguam Negara Malaysia. man of unshakeable principles. trait that defined him both at the Bar and
later in the thrust and parry of politics.
Saya memohon kebenaran Yang Arif- My Lords, inasmuch as I am both
Yang Arif untuk meneruskan ucapan humbled and singularly honoured to Karpal read law at the University of
saya dalam Bahasa Inggeris. speak in these proceedings, my task Singapore in 1961, and was in the first
today is quite daunting. How does one batch of law students at the University.
May I begin by thanking your Lordships compress and portray justly a successful He was a resident at Dunearn Road
for agreeing to this reference and making life in the law that has spanned more Hostel and became President of the
time to preside over it. This is a solemn than four decades? My burden is made Hostel. Karpal was active in University
and meaningful occasion that is unique slightly lighter by the comprehensive politics and later rose to be President
to the legal profession. It is a time when and eloquent speech of my learned of the Student Union Council. He was
the Bar recognises, as a matter of formal friend, Dato K Kumaraendran, who well-known for his ragging4 skills,
record, one of our very own who is no knew Karpal better than most of us which was then part of the traditional
longer with us. here today, and who has done immense induction or indoctrination to University
justice to his memory. I gratefully life. Few of our judges may have
In the finest traditions of the Bar, associate myself with his speech. had special cause to remember their
we gather to pay tribute and record introduction to University life by Karpal
for posterity the achievements of a On my part, I wish to focus on some of through ragging, such that perhaps
learned friend and colleague at the Bar Karpals enduring qualities at dierent later when he appeared before them,
that should be emulated and forever stages of the passage of his life, which not all marginal decisions went his way.5
cherished. Karpal Singh was an eminent will honour him, and which I hope will
and distinguished Member of the Bar, serve as a lesson and guide for the rest Karpal took his time seven years to
and one of our foremost and leading of us at the Bar as we continue in our finish his law degree. There is a story
advocates. journey in this noble and honourable that Professor Tommy Koh, Karpals
calling in the law. law lecturer and later Dean of the Law
Your Lordships would permit me at Faculty, once asked Karpal, Look here,
the outset to tender the Malaysian Karpal was born in Penang on 28 June Karpal, dont you want to go home?,
Bars heartfelt condolences to Karpals 1940, to Ram Singh Deo and Kartar Kaur. to which Karpal responded Well, if you
immediate family, Madam Gurmit Kaur, Despite the dicult and debilitating fellows will not let me go home, what
Jagdeep Singh Deo, Gobind Singh Deo, wartime conditions, his parents imbued can I do about it? 6 We are glad today
Ramkarpal Singh Deo, Sangeet Kaur in him an incorrigible and adventurous that Professor Koh took it upon himself
Deo and Mankarpal Singh Deo, and his spirit.1 He inherited tenacity and to ensure that Karpal came home to
loved ones. We can only imagine their courage from his parents, which became Malaysia. He made him sit in the front
deep loss, for Karpal was a giant of a some of the most enduring qualities that of the class and according to Karpal, I
man, a devoted husband, father and Karpal exuded as a lawyer. could not play the fool anymore.7 He
grandfather, and a towering Malaysian. graduated with an LLB Honours degree
in 1968.
JUL-DEC 2015 | PRAXIS 5
PRESIDENTS MESSAGE
Karpal was called to the Bar in 1969 and His other landmark cases included: in State of Mauritius v Khoyratty,19
set up his legal firm, Karpal Singh & Co, where Lord Mance observed
in 1970. He rapidly established himself Johnson Tan Heng Seng v Public that new constitutions based on
as formidable litigator, with an expertise Prosecutor,14 where Karpal the Westminster model would
in criminal law, constitutional law and raised Article 8(1) of the Federal not usually contain any express
administrative law. He was renowned as Constitution to challenge the provision incorporating the doctrine
a firm and fair lawyer, with a reputation Attorney Generals power to of separation of powers but that
for presenting arguments that had the discriminate in the way he preferred the doctrine was nevertheless an
merit of brevity, force and focus. His charges and prosecuted accused integral part of such a constitution.20
strong conviction for equality for all, persons under dierent provisions
particularly justice for the downtrodden of the law. A whole host of other leading
was evident from the very beginning of criminal cases, including his
his practice. He has been called the Teh Cheng Poh v Public defence in the recently concluded
peoples lawyer8. He was also our own Prosecutor,15 which was one of Dato Seri Anwar bin Ibrahim case.
Attorney for the damned9, which was several cases Karpal argued before
a distinctive honour conferred on the the Privy Council. It clarified the Karpal was also an uncompromising
legendary early 20th-century US lawyer, reversion of powers to Parliament and dogged defender of the Federal
Clarence Darrow. post-Emergency, and the Constitution against those who have
availability of judicial review in the tried to misconstrue or change its
Karpal enjoyed tremendous respect from form of mandamus against Cabinet fundamental provisions and structure. In
the Bench. Immediately after his earliest decisions. particular, he was a steadfast advocate
appearance before Tun Mohamed against attempts to change the original
Suan Hashim, (who subsequently Arulpragasam v PP,16 where a and fundamental secular structure of the
became Lord President), His Lordship full bench of the Supreme Court Constitution. He felt strongly about civil
remarked that Karpal was a lawyer to decided that the prosecution in liberties, independence of the Judiciary,
watch as a person destined for legal criminal cases was obliged to prove freedom of belief and religion, and about
pre-eminence.10 Later, Dato Mahadev the guilt of an accused person being true to the founding principles
Shankar, a former Judge of the Court of beyond a shadow of a doubt at the underpinning the Constitution.21
Appeal, described Karpal as follows: close of the prosecutions case,
before defence is to be called. In this regard, it was also Justice
To say that the man had charisma Shankar who observed in his tribute to
would be a gross understatement. Ng Chuan Hock v Tan Sri Musa bin Karpal:
From start to finish, he left nothing Dato Hj Hassan,17 one of the many
to speculation. He had the unique cases in which Karpal appeared and Good and responsible judges
ability of penetrating the faade argued for a member of the public appreciate courageous lawyers
and get into the core of the material service that he had not received who undertake unpopular causes
issues without beating about the procedural fairness in the hands of even at the risk of courting ocial
bush. What stood out was his the disciplinary authority. disapproval. Such persons are as
transparent honesty together with much ocers of the court as they
his powerful voice and command More recently, in PP v Kok Wah are defenders of the interests of their
of the language, never faltering Kuan,18 where Karpal argued that clients. They are an instrument in
as he moved like a juggernaut to the power vested by the Child Act the search for truth and justice and a
the inexorable conclusion of his 2001 in the Yang di-Pertuan Agong, bulwark against bias, prejudice and
submission. Indeed he was a to detain at his pleasure a child perjury not to mention manipulators
colossus who was greater than the convicted of an oence carrying the of the justice system and vested
sum of his parts.11 death penalty, violated the doctrine interests. 22
of separation of powers. He argued
Karpal was involved in a number of that as the power to determine guilt The same sentiments were expressed
landmark cases, and over 600 of his and the measure of punishment is by my learned friend, Gobind Singh
cases have been reported. He was a a judicial power, the vesting of a Deo, Karpals second son:
pioneer in drug tracking cases and a sentencing power in the Head of
staunch opponent of the death penalty. State constituted a violation of the He was a man who always defended
Among his early high-profile death doctrine of separation of powers. the Federal Constitution. Towards
penalty cases were those involving The Federal Court rejected that the end, he paid a heavy price
the Australian Kevin Barlow, and later argument and held that as there for speaking up in defence of the
the New Zealanders Lorraine and was no specific provision in the Federal Constitution. But this didnt
Aaron Cohen. In Public Prosecutor v Constitution incorporating the discourage him from soldering on.
Lau Kee Hoo,12 Karpal argued that the doctrine of separation of powers, He would help anyone who needed
imposition of the death penalty was it was not unconstitutional for help and throughout his years, he
unconstitutional. The challenge failed Parliament to vest sentencing power touched the hearts of many. 23
but the case remains a leading authority in the Executive. However, Karpals
on the constitutional approach to the argument was later vindicated by My Lords, Karpal was also committed
death penalty. 13 the decision of the Privy Council to the activities and functions of the
Interference into In this regard, the Malaysian Bar is the Attorney Generals services were
astounded by the news reports today terminated on 27 July 2015 on health
1MDB Investigations regarding the Governments removal reasons and that he will remain as a
Shields Wrongdoers and of the Attorney General, Tan Sri Abdul Judicial and Legal Services ocer until
Conceals Wrongdoing Gani Patail, who is a key member of his retirement on 5 October 2015. It
the Special Task Force investigating would seem unprecedented for a senior
Many burning questions in respect of the 1MDB matter. This lends to the civil servant, let alone one with the rank
allegations of financial impropriety in perception of interference by parties of the Attorney General, to be removed
1MDB remain unanswered. There are with vested interests such as the so close to his ocial retirement.
also serious concerns that the evidence Executive, or even the Prime Minister
or statements of critical witnesses or himself in the work of the Special Task Moreover, his removal and reduction in
suspects, including the Prime Minister, Force. rank are unconstitutional, inasmuch as
have apparently not been recorded, and there appears to be non-compliance
that relevant documents have not been The abrupt removal, and the manner with Articles 135(2) and 145(5) of the
promptly (or at all) secured. of removal, of the Attorney General are Federal Constitution, which include the
shocking. It has been reported that requirement for reasonable opportunity
Comprehensive Reform comprehensively address and deal with control and influence of the
corruption. Executive;
to the MACC Needed
to Strengthen the Fight We hold the view that MACCs limited (2) to ensure the independence
success in its attempts to eradicate of Commissioners serving the
Against Corruption in corruption in Malaysia is a result of commission; and
Malaysia corruption not having been addressed in
a comprehensive and consistent manner. (3) to ensure security of tenure for the
The Malaysian Bar, in collaboration Thus, our reform proposals are aimed Chairman and Commissioners.
with the Institute for Democracy and at ensuring a holistic treatment of the
Economic Aairs (IDEAS), the Centre scourge of corruption through a viable We also take the position that
to Combat Corruption and Cronyism constitutional and legislative framework. consequential amendments will be
(C4), Citizens Network for a Better needed to the following legislation:
Malaysia (CNBM), and Transparency The reform proposals are:
International Malaysia (TI-M), (1) Malaysian Anti-Corruption
submitted a joint memorandum to the (1) to create an Independent Anti- Commission Act 2009;
Malaysian Anti-Corruption Commission Corruption Commission (IACC), (2) Ocial Secrets Act 1972;
(MACC) on 28 July 2015 setting out our a constitutionally mandated (3) Whistleblower Protection Act 2010;
proposals to reform the MACC, for it to commission, beyond the scope, and
Parliament Must Not The Speaker of the Dewan Rakyat has can still proceed to meet so long as
Countenance Any Delay misconstrued the Standing Orders. they elect a Chairman from among their
Standing Order 82(1) states that any number to preside over the Committees
or Interference in PACs Select Committee (such as the PAC) meeting. Therefore, there is no necessity
Investigation into 1MDB shall, so far as practicable, reflect for the Chairman of the PAC himself or
the balance between the parties within herself to be present at a PAC meeting
The Malaysian Bar is disturbed by the Dewan Rakyat. Thus, the provision in order for it to proceed. If the Vice-
the media statement by the Speaker clearly does not prohibit a Select Chairman is present, he or she is fully
of the Dewan Rakyat, Tan Sri Datuk Committee, which is not reflective of able to act as Chairman of the meeting,
Seri Panglima Pandikar Amin Haji the composition of the Dewan Rakyat, and the quorum requirement would be
Mulia, of 30 July 2015, stating that the from functioning. The PAC still has satisfied.
proceedings of the Public Accounts nine members, four from the Barisan
Committee (PAC) must be postponed. Nasional, and five from the Opposition. It is also to be noted that Standing
The fact that the PAC is still composed Order 83(7) states that in the event of
The Speakers reasoning was that the of members from both sides of the aisle the death or unavoidable absence of
PAC can only meet after a new Chairman is sucient to allow it to continue. a member of the Select Committee,
has been appointed. His statement the Committee of Selection of the
came after four members of the PAC, Further, Standing Order 77(3) states Dewan Rakyat maynominate another
including the Chairman, had been that a Select Committee cannot meet member of the [Dewan Rakyat] to fill
appointed to government positions in in the absence of the Chairman or that vacancy, and that this nomination
the recent Cabinet reshue announced Vice-Chairman due to illness or for shall be announced to the Dewan Rakyat
by the Prime Minister on 28 July 2015. any other reason whatsoever. In the at its next meeting. Again, the Standing
present case, while there is no longer a Order does not suggest that the work
According to Standing Order 77(4) of Chairman of the PAC, a Vice-Chairman of the Select Committee should cease
the Dewan Rakyat, a Minister (which remains. Therefore, Standing Order pending that vacancy being filled.
includes a Deputy Minister) cannot 77(3) is not contravened, and the PAC
be the Chairman or a member of the can still function. It is therefore the spirit underlying
PAC. As such, Datuk Nur Jazlan bin the Standing Orders, that a Select
Mohamed, the Chairman, is ineligible Standing Order 83(3) states that the Committee should be able to continue
by virtue of his recent appointment as quorum for a Select Committee to meet is to function, notwithstanding any
Deputy Minister of Home Aairs; so too three members, including the Chairman. vacancies. It cannot be that the
are Datuk Wilfred Madius Tangau (now However, the reference to Chairman important work of Parliament could be
the Minister of Science, Technology in this Standing Order must refer to brought to a grinding halt whenever
and Innovation), Datuk Mas Ermieyati a Chairman of the meeting, and not there is a vacancy. If this were the case,
Samsudin (now the Deputy Minister of necessarily the Chairman of the Select the work of Parliament could easily be
Tourism and Culture), and Dato Seri Committee himself or herself. This is frustrated by merely engineering one or
Reezal Merican Naina Merican (now the because Standing Order 77(3) states more vacancies in any Select Committee
Deputy Minister of Foreign Aairs), who that in the absence of the Chairman or in order to prevent it from functioning.
were members of the PAC. Vice-Chairman, the remaining members
Let the MACC They reportedly arrested two ocers hajat session to pray for MACC
one of whom was the investigator sta, their families, their community
Investigate Without looking into SRC International Sdn Bhd and for a corruption-free country;
Impediment, and Allow who were subsequently released. In
the Truth to Emerge addition, the police raided the MACCs (5) Datuk Hj Mustafar Ali (MACC Deputy
Special Operations Division and Chief Commissioner (Prevention))
The Malaysian Bar denounces the reportedly removed documents which has been reported to have said on
current unrelenting onslaught against the may well consist of crucial evidence, 5 August 2015 that when action
Malaysian Anti-Corruption Commission particularly concerning the investigation is taken on an investigating ocer
(MACC) in connection with its into SRC International Sdn Bhd from [during an ongoing investigation],
investigation into the flow of funds from the possession of MACC personnel. it somewhat jeopardises the
SRC International Sdn Bhd (a former investigation;
subsidiary of 1MDB), as well as funds of Other recent developments include the
RM2.6 billion, into the Prime Ministers following: (6) Senator Datuk Paul Low, Minister in
private bank accounts. the Prime Ministers Department in
(1) In an unprecedented move, all five charge of governance and integrity,
It cannot be denied that, since 28 July panels that have oversight over the reportedly stated yesterday that
2015, MACC personnel have been MACC issued a joint press statement the police are showing high-
the focus of a police investigation into on 29 July 2015 appealing for the handedness, and that it is
allegations of leaking of confidential MACC to be allowed to undertake important that [MACC] do what they
information and involvement in a its work as part of the Special Task need to do; and
supposed conspiracy to overthrow the Force without any interference or
Government, purportedly in violation of pressure from third parties; (7) Also yesterday, Tan Sri Johan Jaafar
Section 124B of the Penal Code. (Chairman of MACCs Consultation
(2) On 30 July 2015, MACC issued and Corruption Prevention Panel)
In particular, we have seen in recent days another press statement reportedly reportedly expressed dismay over
the arrest and questioning of Tan Sri denying that its ocers were the spate of raids and arrests by the
Rashpal Singh, a former adviser to the involved in a conspiracy to topple police, and reiterated the need for
MACC, and Ahmad Sazilee Abdul Khairi, the Government, and were instead the agency to be allowed to execute
a Deputy Public Prosecutor seconded to only carrying out their duties without its duties unhindered.
the MACC, before they were released. fear and favour, in spite of anyone
The latters oce and home were involved; It is quite telling, and extremely
raided, and documents were reportedly disconcerting, that the beleaguered
removed. (3) MACC Special Operations Division MACC as well as a Minister in the
Director Dato Hj Bahri Mohamad Prime Ministers Department has had
The police have also questioned senior Zain has been reported as saying he to make these statements and express
MACC ocers, including Dato Hj was baed by the arrest of Deputy indignation, as well as hold special
Bahri Mohamad Zain (Director, Special Public Prosecutor Ahmad Sazilee prayers. It compounds the commonly
Operations Division), Datuk Tan Kang Abdul Khairi, and raised the ominous held fear that the MACCs investigation
Sai (Deputy Director, Special Operations spectre of hidden hands at work; is being seriously derailed, and that there
Division), Datuk IG Chandran (Director, are strong forces at work to curtail the
Forensic Division), and Tuan Roslan Tuan (4) On 4 August 2015, it was reported MACCs eorts. Astoundingly, at this
Mat (Ocer, Special Operations Division). that the MACC held a special solat critical time, MACC Chief Commissioner
Tan Sri Abu Kassim Mohamed is on leave.
Section 124B of the Penal When Section 124B was tabled in democracy is only applicable in countries
Parliament in 2012 as an amendment to where the Parliament is supreme, such as
Code Must Not Be Used the Penal Code, the Government declared the United Kingdom.
to Curb Freedom of that it would be used to deal with violent
Assembly oences such as the assassination of a Thus, Section 124B purports to cover
head of state, a coup dtat, an armed a subject matter parliamentary
The Malaysian Bar deplores the arrest insurgency, or guerrilla warfare, and supremacy that is unknown to our
and detention on 25 August 2015 of 17 breaches of constitutional provisions.1 constitutional scheme. It further oends
persons 16 of whom are reportedly There was no intention to inhibit political two cardinal principles: criminal law
university students for participating in dissent or peaceful assembly, and a must be clear and precise, and the
a peaceful sit-in outside the Parliament. Member of Parliament had observed, subject matter of criminal sanction must
They were remanded overnight and the Kalau nak buat perhimpunan aman be known. The uncertainty in Section
police subsequently sought a seven-day atau bersih pun, itu tidak detrimental to 124B is exacerbated by the oppressive
extension of the remand. The Magistrate Parliamentary Democracy.2 penal sentence for the oence, which is
granted a remand of three days. The imprisonment for a term that could extend
revision application was heard by the High The resort to Section 124B against the 17 to 20 years.
Court yesterday, and the remand period persons, who had assembled peaceably,
for 16 of the detainees was reduced to is therefore unjustifiable. This provision Moreover, it is unacceptable for the
two days. cannot be misused to erode or dilute the police to have sought remand orders
constitutional right enshrined in Article of one week. The duration sought was
It has been reported that the detainees are 10(1)(b), read with 10(2)(b), of the Federal excessive, and lends to the widely held
being investigated, inter alia, for an activity Constitution to assemble peaceably perception that the police are freely
detrimental to parliamentary democracy, and without arms. Further, it would be a seeking remand orders to punish persons
under Section 124B of the Penal Code gross abuse of Section 124B if it were to involved in peaceful assemblies, even
(Section 124B). The phrase activity be used to cause fear or anxiety among before any finding of guilt by a court of
detrimental to parliamentary democracy members of the public. law, as well as to further intimidate others
is defined in Section 130A(a) of the Penal who may wish to participate in any public
Code as an activity carried out by a In any event, the constitutional validity of assembly.
person or a group of persons designed Section 124B is questionable. Malaysia
to overthrow or undermine parliamentary is a constitutional democracy, where the The Malaysian Bar strongly urges the
democracy by violent or unconstitutional Federal Constitution is the supreme law of police to cease misusing Section 124B,
means. the land.3 The concept of parliamentary and to respect the right of all Malaysians
The Police Must Not himself for questioning by the police thus 16. Governments shall ensure that
far. His arrest is an absolute misuse of lawyers (a) are able to perform all of
Misuse SOSMA, and the power of arrest and detention under their professional functions without
Must Not Ignore Section 4 of SOSMA. intimidation, hindrance, harassment
the Solicitor-Client or improper interference; (b) are
The Malaysian Bar expressed reservations able to travel and to consult with
Relationship over the use of SOSMA on Dato Sri their clients freely both within their
Khairuddin in our press release dated 2 own country and abroad; and (c)
The Malaysian Bar is outraged over the October 2015.2 These same concerns shall not suer, or be threatened
detention of Matthias Chang a Member apply to Matthias Chang. SOSMA was with, prosecution or administrative,
of the Malaysian Bar and one of the legislated to address terrorism threats economic or other sanctions for
lawyers representing Dato Sri Khairuddin and violent conduct. SOSMA must not any action taken in accordance
Abu Hassan (Dato Sri Khairuddin), a be misused as a replacement for the with recognized professional duties,
politician and vocal critic of 1Malaysia repealed Internal Security Act 1960 standards and ethics.
Development Berhad (1MDB) (ISA). The manner in which the police
under the Security Oences (Special have resorted to SOSMA against Dato
Measures) Act 2012 (SOSMA). The Sri Khairuddin and Matthias Chang is
detention is reportedly for investigations disquieting, as it appears that SOSMA is 18. Lawyers shall not be identified
into allegations of having committed becoming the new ISA. with their clients or their clients
oences under Sections 124K (sabotage) causes as a result of discharging
and Section 124L (attempt to commit The Malaysian Bar denounces the their functions.
sabotage), both under the Penal Code. intimidation, harassment, arrest or
detention of any Member of the Malaysian The Malaysian Bar further condemns
Matthias Chang was arrested by the Bar in the discharge of his or her duties any attempt to transgress or erode the
police yesterday after visiting his client, or obligations for and on behalf of any principle of legal professional privilege or
who is currently being detained at the client. Every Member of the Malaysian solicitor-client privilege, in the guise of a
Dang Wangi District Police Station. It Bar is obliged to, and must be allowed to, purported investigation of a lawyer. The
has been reported that Matthias Chang act without fear or favour in the clients rationale underpinning the principle of
is now to be detained for up to 28 days. interest, with due regard to the rule of law legal professional privilege is that:
and the administration of justice.
It had been earlier reported that Matthias (a) it is of fundamental importance,
Chang and his client had both been The Chief Justice of Malaysia, The for the proper administration of
barred from travelling outside Malaysia Right Honourable Tun Arifin Zakaria, justice, that clients should enjoy
on 18 September 2015, and that they has observed that the lawyer does absolute confidence in respect of all
were about to travel to New York for not merely carry out the duties he is communications with their lawyers
the purpose of meeting with the Federal professionally trained for, but assumes a for the provision of legal advice and/
Bureau of Investigation in relation to special role in safeguarding the sanctity or representation;
allegations of financial impropriety of the legal system and more importantly
concerning 1MDB.1 Subsequently, to uphold the rule of law.3 (b) the principle promotes the
Matthias Chang was questioned by the public interest, because it assists
police on 28 September 2015 and 2 It is also important to note that Articles 16 and enhances the administration
October 2015, as a witness in respect of and 18 of the Basic Principles on the Role of justice by facilitating the
the allegations levelled against his client. of Lawyers, adopted by the Eighth United representation of clients by their
Nations Congress on the Prevention of legal advisors; and
It is inexplicable that the police have now Crime and the Treatment of Oenders in
detained Matthias Chang under SOSMA, 1990, state that: (c) the system of administration of
as he has been cooperative in presenting justice depends for its vitality on
Respect the Rule of sentenced for up to 15 years in jail. Both international cooperation is necessary
men have applied to the High Court to in combatting corruption, terrorism and
Law and Release Dato challenge the prosecution against them. other international crimes. It has also
Sri Khairuddin and launched numerous national initiatives
Matthias Chang Section 124L of the Penal Code is within calling on individuals to partner in the
Part VI of the Penal Code. Under SOSMA, eort to end corruption.
The Malaysian Bar deplores the misuse all oences under Part VI and Part VIA of
of the Penal Code and the Security the Penal Code are considered security As such, it beggars belief that when
Oences (Special Measures) Act 2012 oences, triable in the High Court. a person exercises his own personal
(SOSMA) by the authorities in the recent initiative to ask overseas law enforcement
arrest, detention and prosecution of It is therefore inexplicable that both agencies to investigate possible corrupt
Dato Sri Khairuddin Abu Hassan (Dato men were charged in the Magistrates practices at the highest levels of the
Sri Khairuddin), and his lawyer, Matthias Court. Further, it is disconcerting that Government, it is seen by the authorities
Chang, a Member of the Malaysian Bar. the prosecution then sought a further as an attempt to sabotage the banking
period of detention of 30 days pending and financial system of Malaysia.
Dato Sri Khairuddin and Matthias an application to transfer their cases to
Chang were arrested and detained under the High Court. The Magistrate allowed In this borderless world, transboundary
SOSMA on 18 September 2015 and 8 a detention of 14 days. corruption is a major scourge that requires
October 2015, respectively. It is reported global partnership and worldwide
that they were being investigated under Detention of an accused person eorts. Malaysia regularly asks law
Section 124K (sabotage) and Section subsequent to charge pending the enforcement agencies from foreign
124L (attempt to commit sabotage) of the prosecutions transfer application is countries for assistance. Here is a case
Penal Code. Dato Sri Khairuddin filed a unjust and unlawful. In this case, it of a Malaysian citizen seeking help
habeas corpus application, which was appears to be an undisguised attempt to from law enforcement agencies in foreign
fixed for hearing on 13 October 2015. It detain both men for an additional period countries to address alleged cross-
was reported that Matthias Chang was not sanctioned by law. border corruption. Some of the parties
about to file a habeas corpus application allegedly involved in this nefarious web of
as well. In any event, it is perplexing that the transactions operate in the jurisdictions
prosecution would see this case as in which reports were lodged.
However, both men were charged on 12 involving a security oence. Part VIA
October 2015 in the Magistrates Court, of the Penal Code was introduced to We are already witnessing cross-
for the oence of attempting to commit combat security oences arising out of currents between the Attorney Generals
sabotage under Section 124L of the Penal acts of terrorism. An action to expose Chambers and Bank Negara Malaysia
Code. It has been alleged that the act of possible corruption within the corridors about whether or not 1Malaysia
sabotage is in relation to the lodging of of government cannot, by any stretch of Development Berhad (1MDB) had
reports about possible corrupt practices, the imagination, fall under Part VIA of the violated Malaysian law in terms of
with law enforcement agencies in five Penal Code, and neither is it a security exchange control permission for overseas
foreign countries France, the United oence under international law. investments. We saw similar attempts
Kingdom, Switzerland, Hong Kong to interfere with the Malaysian Anti-
and Singapore that was purportedly The international law element cannot Corruption Commission in its attempts
intended to be a conspiracy to cause be ignored. Malaysia has signed the to investigate the transfer of MYR2.6
harm to the banking and financial system United Nations Convention against billion and MYR42 million into the Prime
of Malaysia. If convicted, they could be Corruption. It therefore recognises that Ministers private bank accounts.
(3) Rein In Overzealous Dress Code Enforcement and Reject Clothing or Moral Policing 4 July 2015
Conduct Independent Investigation into Disclosures Relating to 1MDB Comprehensively and with
(4) 9 July 2015
Integrity
At the Crossroads of the Rule of Law: Malaysia Must Confront Challenges to International and Domestic
(5) 16 July 2015
Justice Now
Untimely and Unwarranted Upgrade in the Tracking in Persons Report Compromises the Fight
(6) 22 July 2015
Against Human Tracking
(7) Interference into 1MDB Investigations Shields Wrongdoers and Conceals Wrongdoing 28 July 2015
(9) Comprehensive Reform to the MACC Needed to Strengthen the Fight Against Corruption in Malaysia 31 July 2015
(10) Parliament Must Not Countenance Any Delay or Interference in PACs Investigation into 1MDB 2 Aug 2015
(11) Let the MACC Investigate Without Impediment, and Allow the Truth to Emerge 7 Aug 2015
(12) Respect and Facilitate and Not Deter the Right to Assemble Peaceably and Without Arms 22 Aug 2015
(13) Section 124B of the Penal Code Must Not Be Used to Curb Freedom of Assembly 28 Aug 2015
Malaysian Bar Expresses its Condolences on the Untimely Demise of Anthony Kevin Morais, and Calls
(14) 17 Sept 2015
for a Full Investigation
(15) Reject the Racism and Violence that Occurred on 16 September 2015 21 Sept 2015
(16) SOSMA Must Not be Misused to Silence Critics of 1MDB 2 Oct 2015
(17) The Police Must Not Misuse SOSMA, and Must Not Ignore the Solicitor-Client Relationship 9 Oct 2015
(18) Respect the Rule of Law and Release Dato Sri Khairuddin and Matthias Chang 15 Oct 2015
*Only highlighted press statements are reproduced in full.
Lexis Afnity
Now, pursuant to Article 145(5) read with appointed from the judicial and legal The Constitutionally-
Article 132(4)(b), Attorneys General who service, such as Tan Sri Gani. This Guaranteed Right to Procedural
have been appointed from the Cabinet arises from a plain interpretation of the Fairness
or who are Members of Parliament, hold phrase appointed otherwise than from
the oce during the pleasure of the among the members of the judicial and In any event, it is important to note
Yang di-Pertuan Agong and may at any legal service in Article 132(4)(b). that the concept of procedural fairness
time resign his oce.9 Further, it is and natural justice is not solely and
open to debate whether Article 145(6) In other words, the exclusion of exclusively contained within Article
requires the requisition of a tribunal (of procedural fairness in Article 132(4)(b) 135(2).
the kind contemplated under Articles would only be applicable to Attorneys
125(3) and (4)) for the removal of an General who were appointed to the Rather, the concept originates from,
Attorney General with such a ministerial oce from their position as a member and is firmly entrenched within, Articles
and/or parliamentary background. The of the Cabinet, or as a Member of 5(1) (Right to life) read with 8(1) (Equality
doubt arises because it would then Parliament or, alternatively, as an before the law) in Part II of the Federal
seem that latter Attorneys General external appointment (ie by contract).11 Constitution.
enjoy less protection of tenure than the
transitional Attorney General.10 By virtue of Article 132(4)(b), such In fact, Articles 5(1) and 8(1) have been
appointments (of appointees from such accorded a wide interpretation to require
However, Attorneys General who are backgrounds) would not carry with them that all forms of state action must be
appointed by a contract of service the procedural safeguards enshrined eected with the requisite levels of
have tenure that operate on a fixed- within Article 135(2) as such appointees fairness and justice (most prominently
term basis. In this regard, a termination are not from the judicial and legal procedural fairness). The following
of service for such Attorneys General services. authorities are particularly instructive on
may be eected in accordance with this point:
the termination clauses in the said Therefore, in view of his pre-appointment
contracts. position within the judicial and legal (1) The Federal Court in Lee Kwan Woh
services, it is indisputable that the v Public Prosecutor [2009] 5 MLJ
However, and critically, Tan Sri Gani exclusionary provisions under Article 301:
was appointed as the Attorney General 132(4)(b) would not apply to an Attorney It is clear from this passage that the
from the judicial and legal services. In General of Tan Sri Ganis professional rules of natural justice, which is the
this connection, he held the position of background. procedural aspect of the rule of law,
Head of the Prosecution Division within is an integral part of Articles 5(1) and
the Attorney Generals Chambers prior Accordingly, the requirements of 8(1). In short, procedural fairness is
to his appointment as the Attorney procedural fairness within Article 135(2) incorporated in these two Articles.
General. He continued as a member of would still apply to the termination of (emphasis added)
the judicial and legal services throughout the services of Tan Sri Gani and his
his tenure as Attorney General. simultaneous reduction in rank. (2) The Court of Appeal in Hong Leong
Equipment Sdn. Bhd. v Liew Fook
It is clear as a matter of ordinary Chuan & Anor [1996] 1 MLJ 481:
interpretation that the exclusion in I have made these observations in
Article 132(4)(b) would not apply to order to emphasize the existence
Attorneys General who have been in the Federal Constitution of
provisions, such as arts 5(1) and
RakyatGuides
TheRakyatGuides, totalling nine in a series, are produced by the Bar Council Constitutional Law Committee. First launched
in 2009, theRakyatGuidesare aimed at introducing to the public in simple terms, the essence of the Constitution of Malaysia.
The Rakyat Guides simplify the main themes of the Constitution and are written in a non-legalistic style, to enable any
layperson to understand the content of the Constitution.
The content of theRakyatGuidesis drafted carefully and meticulously by a panel of highly-qualified lawyers and academics.
The Rakyat Guides are available in English, Bahasa Malaysia, and most recently, Mandarin. They are sold as a set for RM6.40
(inclusive of 6% GST). You may obtain your copies of the Rakyat Guides from:
Bar Council
No 15 Leboh Pasar Besar
50050 Kuala Lumpur
Tel: 03-2050 2050
You may also download copies of the Rakyat Guides from the Malaysian Bar website, at
http://www.malaysianbar.org.my/. Scroll down to the bottom of the page, and you will see icons of
the Rakyat Guides, in English, Bahasa Malaysia, and Mandarin, at the bottom right-hand side.
When Malaya re-constituted into and legal factors. Among them are the Kingdom, North Borneo, Sarawak,
Malaysia, Sabah and Sarawak were following: and Singapore had international
constitutionally oered many special participation. Therefore there
terms. The special provisions for Sabah and Sarawaks special is international law basis to the
them were based on a number of position in our federal set-up is not guarantees for Sabah and Sarawak.
historical events, among them the Inter- unique to world federations. To
Governmental Committee Report and accommodate diversity, the State ALLOCATION OF LEGISLATIVE
the Malaysia Agreement. of Kashmir in India and Quebec in POWER
Canada have similar unique rights;
The sanctity of the Inter-Governmental The Legislative List
Committee Report and the Malaysia Sabah and Sarawak have cultural The legislative powers of the federal
Agreement has been reiterated by our and religious distinctiveness from parliament and the State legislative
apex court in Pihak Berkuasa Negeri Peninsular Malaysia; assemblies are specified in five
Sabah v Sugumar Balakrishnan [2002] legislative lists in the Ninth Schedule
3 MLJ 72; Datuk Hj Mohammad Tufail v They contribute huge territories and of the Constitution of Malaysia. Under
Dato Ting Check Sii [2009] 4 MLJ 165; massive resources to the federation. Articles 95B to 95E, there is special
and by the High Court in Robert Linggi Their combined area is 198,069 provision for the States of Sabah and
v Government of Malaysia [2011] 2 MLJ sq km, exceeding Peninsular Sarawak relating to the distribution of
741. Malaysias 131,681 sq km. The legislative power.
coastline of the two States is 2,607
Fifty-two years down the road, the km compared to the peninsulas Sabah and Sarawak have a
conviction remains strong in our East 2,068 km; Supplementary State List and a
Malaysian states that due to their Supplementary Concurrent List
cultural, religious, linguistic and ethnic There are problems of poverty and conferring on them many legislative
diversity, Sabah and Sarawak should underdevelopment in these two powers not allocated to the peninsular
continue to enjoy greater autonomy than states; and states.
the Peninsular Malaysian states. This is
seen as justifiable due to a number of The 1963 pact between the The Supplementary State List for Sabah
socio-political, economic, geographical Federation of Malaya, United and Sarawak confers additional powers
A call for the repeal of the Sedition Act 1948, Walk for Peace and Freedom, 16 Oct 2014
The easiest criticism one can level on books. Again and again, calls are made which has a seditious tendency or to
the Sedition Act 1948 is in the way the to abolish the Act. It appeared at one utter any seditious words. Seditious
Act has been used. One can recall, the point that the Government would finally is defined in the Act as any act, speech,
incredulous charge against a university do so when in 2012, the Prime Minister word, publication or other thing qualifies
lecturer for a comment he made to an himself has stated that the Act will be as one having a seditious tendency.
online news portal. Most will agree that abolished and replaced with a National
the comments are his academic opinion Harmony Act. Two years later, the Prime A seditious tendency meanwhile is
on what is essentially a constitutional Minister reneged on his promise. Instead defined as, amongst others, a tendency
issue, yet for some reason the Public of a repeal, the Act was strengthened to bring into hatred or contempt or to
Prosecutor proered a charge of and made more draconian. excite disaection against any Ruler or
sedition against him. to excite the subjects of any Ruler or the
The oence of sedition originated in inhabitants of any territory governed by
Compare that with a politician, who England some time in the 17th century. any Government to attempt to procure in
some years ago made a call to According to Jeyaseelan Anthony in the territory of the Ruler or Government,
adherents of a particular faith to search his book Seditious Tendency?: Political the unlawful alteration of any matter
and burn the holy book of another faith. Patronisation of Free Speech and established by law.
But for some reason, the said politician Expression in Malaysia, sedition was
was not charged. Instead, the Public born in a time when the absolute right A seditious tendency can also be
Prosecutor gave a statement to justify of the Ruler was divine and cannot a tendency to bring into hatred or
why the politician was not charged. be criticised or questioned, let alone contempt or to excite disaection
Reasons given were, amongst others, opposed. Criticisms and opposition against the administration of justice or to
that what the politician said was not a towards the Ruler was a sin and thus raise discontent or disaection amongst
statement with seditious tendency as must be punished. the subjects of the Yang di-Pertuan
he had no intention to create religious Agong or of the Ruler of any State or
disharmony. Our Act is a colonial vestige. It was amongst the inhabitants of Malaysia.
enacted before the Federation of Malaya
Selective prosecution is but one issue achieved independence and it was A seditious tendency can also be a
with the Act. There are other more largely used by the British to deal with tendency to promote feelings of ill will
fundamental issues with the Act that militant communists insurgents at the and hostility between dierent races or
necessitates its repeal. time. classes of the population of Malaysia
and to question certain constitutional
The Sedition Act 1948 must be one of The Act criminalises sedition by provisions such as Articles 152 and 153
the most maligned laws in our statute making it an oence to do anything of the Federal Constitution.
The #MansuhAktaHasutan campaign is a nationwide campaign by the Bar Council spearheaded by the National Young
Lawyers Committee. The campaign is pursuant to the position of the Malaysian Bar as expressed through the Malaysian Bar
resolution dated 19 Sept 2015.
The MEC is based on the existing environmental legislative framework, which can suciently, though not exhaustively, be
represented as follows:
xxxv. Environmental Quality (Dioxon and Furan) Regulations 2004 [P.U. (A) 104/2004]
xxxvi. Environmental Quality (Prescribed Conveyance) (Schedule Waste) Order 2005 [P.U. (A)293/2005]
The Environment and Climate Change Committee (ECCC) was formed to address issues in respect of environmental
rights and protection in general.
The mainstreams that characterise the work of ECCC, can be broadly identified as those that relate to the following:
(1) Environmental rights explicitly as governed by Malaysian environmental laws under framework legislation; and
(2) Already existing rights in relation to the environment, eg rights to life and health, the protection of which are found in
global human rights treaties such as the International Covenant on Economic, Social and Cultural Rights; and sources
other than human rights instruments, such as Principle 10 of the 1992 Rio Declaration on Environment and Development.
The ECCC focuses on a myriad of issues at local, regional and international levels, such as the controversy involving alleged
radioactive waste disposal from the Lynas plant in Kuantan; the issue of massive deforestation in Gua Musang and Lesong,
in Kelantan and Pahang, respectively; the Trans-Pacific Partnership Agreement (TPPA); and the haze and our right to
better air quality.
The ECCC also engages with stakeholders on the eectiveness of regulatory and legal framework matters in addressing
environmental issues aecting all segments of society.
Regionalisation and
Malaysian liberty, (ICCPR), some of which found their
way into our own constitution, though
Internationalisation as Tools he or she plays the with qualifications.
of Environmental Rights
Engagement same role in respect Conclusion
Environmental rights can be engaged by of environmental The Malaysian Bar necessarily means
environmental lawyers through both the and includes the Malaysian lawyer
regional and international environmental
rights. as well as the collective Malaysian
governance tools. For example, lawyers. Their tools of environmental
paragraph 28(f) of the ASEAN Human on the condition of man, his physical, rights engagement do not fall within
Rights Declaration incorporates the mental and social well-being, his the very narrow confines of just tortious
right to a safe, clean and sustainable dignity and his enjoyment of basic liability. Around 25 years ago before
environment as an ingredient to human rights, in developing as well as the Rio Declaration of 1992, there was
adequate standard of living. developed countries. This concern led hardly any literature in international
to the Stockholm Declaration of 1972 environmental law. However, in this day
The ASEAN Agreement on which states that both the natural and and age, the environmental rights tools
Transboundary Haze Pollution that man-made environment are essential to for engagement have increased and
entered into force on 25 November the well-being and to enjoyment of basic are at the service of every Malaysian
2003 is another such regional tool. human rights. environmental lawyer. This trend, while
The Rio Declaration of 1992, of which consistent with the very objective upon
Malaysia is a party, provides an This in turn led to a new set of rights which the Malaysian Bar is set up,
international governance tool to engage known as environmental rights which also represents hope for a sustainable
environmental rights upon the polluter are being enacted in the constitutions of future in the management of our finite
pays principle, precautionary principle, many countries. Portugal became the environmental resources.
intergenerational rights principle, right first country, not long after the Stockholm
to information, and public participation Declaration, to adopt a constitutional This article is the personal opinion of
in environmental decision-making. right to a healthy and ecologically- the writer and does not necessarily
balanced human environment. Since represent the views of the Bar Council.
The other environmental instruments are then, more than 90 countries have
the many outcomes of the 2002 World followed suit by adopting similar rights Roger Chan Weng Keng
Summit on Sustainable Development in their constitutions. Chairperson
(WSSD) and Rio+20 that have Bar Council Environment and
consistently maintained focus on In the meantime, the United Nations Climate Change Committee
sustainable development. was not prepared to formulate a new set
of rights. Rather, it expanded human
The Environmental Human rights in two directions, namely human
Rights Tool for Malaysian rights vulnerable to environmental harm,
Lawyers and human rights vital to environmental
policymaking.
What the Universal Declaration of
Human Rights (UDHR) is to human The first direction means that the
rights, the Stockholm Declaration of enjoyment of human rights depends on
1972 is to environmental rights. In a supportive environment, though some
the 1968 resolution to convene the human rights are more susceptible to
Stockholm Conference, the United certain types of environmental harm, for
Nations General Assembly noted its example environmental degradation,
concern about the eects of the desertification and global climate
continuing and accelerating impairment change are exacerbating destitution and
of the quality of the human environment desperation, causing a negative impact
Upcoming Events
January to May 2016
21 and 22 Jan 2016
International Conference and Launch of the Asian Business Law Institute (ABLI) | Doing Business Across Asia: Legal Convergence in an Asian Century,
Singapore
Venue: Raes City Convention Centre, 80 Bras Basah Road, Singapore 189560
Date: 21 and 22 Jan 2016 (Thursday and Friday)
This conference is organised by the Singapore Academy of Law. The stellar cast of speakers will address the need for increased convergence of cross-border business laws, improved
legal infrastructure and harmonisation of regulatory standards across Asia. Register soon as the closing date is on 6 Jan 2016 (Wednesday). Members of the Bar are entitled to a 15%
online discount (key in the discount code: LCMYBAR). For more details, please visit its website at www.legalconvergenceasia.com.
Venue: Auditorium, Supreme Court of Singapore, 1 Supreme Court Lane, Singapore 178879
Date: 17 and 18 Mar 2016 (Thursday and Friday)
The Global Pound Conference Series (GPC Series) is organised by the International Mediation Institute. The GPC Series aim to facilitate the development of 21st century commercial and
civil dispute resolution tools, at domestic, regional and international levels. Please visit its website at http://singapore2016.globalpoundconference.org, for more details about this event.
13 to 16 Apr 2016
IPBA 26th Annual Meeting and Conference, Kuala Lumpur
The 26th Annual Meeting and Conference of the Inter-Pacific Bar Association (IPBA) is organised by a host committee of 26 law firms. The conference is themed Diverse Challenges,
Global Situations, and centres on the international flavour and global nature of business transactions. Members of the Bar are entitled to an early bird rate, which is valid till 15 Jan 2016.
IPBA is also accepting applications for the IPBA Scholarship Programme to enable practising lawyers to attend this event. Please contact Ida by telephone at 03-6205 3389 or by
email at ipba2016@crystaledge.net, or visit www.ipba2016.com for more details.
This workshop is organised by the Commonwealth Lawyers Association (CLA) and the Cyprus Bar Association. This master workshop will provide participants with a fresh view of finance
and banking practices, while engaging with lawyers from within the Commonwealth and internationally. Members of the Bar are entitled to special reduced rates (Developing Country
registration fees). For more information, please contact Janine Koeries of Paragon Group (+972(0)3-576-7737; secretariat@claworkshops.com), or visit www.claworkshops.com, for more
details.
In 2009, Bar Council formed the Constitutional Law Committee to promote constitutional
awareness and constitutionalism amongst Malaysians. The Committee consists of lawyers,
pupils in chambers, academics, students, media personnel, and activists.
The MyConstitution Campaign is the first of many initiatives by the Committee and it seeks to
achieve the following goals:
Increased public awareness and understanding of the nature and content of the Constitution;
Recognition and acceptance of the role and importance of constitutionalism in national
governance and the social structure; and
Promotion of the study of the Constitution amongst youths and young adults.
In addition to the Campaign, the Committee carries out various activities and events with diverse
sections of the Malaysian community, including holding forums and workshops, to promote the
aims of the Campaign.
Any legal firm that has knowledge about her WILL, please contact Leong Ooi Seong of M/S Leong Ooi Seong &
Co. by telephone at 012-206 8889 or 03-4297 2889, by fax at 03-4297 6889 or by email at los8889@gmail.com.
At the Extraordinary General Meeting General Meeting of the Malaysian General Meeting of the Malaysian
(EGM) on 12 Sept 2015 held at the Bar to be held on 12 September Bar on 12 September 2015;
Renaissance Kuala Lumpur Hotel 2015.
quorum was achieved at 9:59 am, with as well as various amendments to the
502 Members signed in. The number Steven Thiru drew the attention of content of the motion.
picked up quickly, with 871 Members Members to the amendment he wished
signed in at 10:38 am. to make to the title of the motion, as After almost two hours of debate,
follows: which included additional proposals
The Chairman, Steven Thiru (President for amendments to the motion, the
of the Malaysian Bar), called the EGM Motion on the allegations of vast majority of the Members adopted
to order at 10:43 am, and proceeded financial impropriety concerning the resolution that is reproduced in the
directly to the heart of the issue. 1MDB and its related companies, following pages
the transfer of MYR2.6 billion and
One motion had been proposed for the flow of MYR42 million into the 1,040 Members registered their
consideration at this EGM: Prime Ministers personal bank attendance at the EGM, which was
accounts, and matters in connection adjourned at 12:47 pm.
Motion proposed by Steven therewith, proposed by Steven
Thiruneelakandan, as Chairman of Thiruneelakandan, as Chairman of Joane Sharmila /
the Bar Council and on behalf of the the Bar Council and on behalf of the Chin Oy Sim
Bar Council, at the Extraordinary Bar Council, at the Extraordinary Bar Council
Appendix B: Donations
1. The Minister in the Prime Ministers supporters to help them in political than us. Not like the US that can
Department, Dato Seri Azalina binti works So theres nothing to prohibit influence us. He went on to state
Dato Othman Said was reported, on an individual from receiving it as long that this is just a brotherly nation
31 July 2015,1 to have said: as he receives it in trust for the party. which wants to see certain parties win
in the general election because we
Bagi saya kalau orang derma duit Khairy Jamaluddin was further are friendly to them. Theres nothing
kat saya suruh jaga anda semua dan reported to have said that he was wrong. He also said that the money
simpan atas nama saya, itu hubungan made to understand the contribution [was] a donation for the election.8
saya dengan penderma apa came from supporters and donors.
salahnya. We hold to MACCs statement that 7. A statement by UMNO Kuantan
the donation came from one donor division chief, Dato Wan Adnan bin
Kecuali orang kata, Datuk saya and supporter.5 Wan Mamat, saying that the money
derma duit ini untuk Umno, untuk was a form of appreciation to Malaysia
Parlimen, untuk NGO, saya kena ikut 4. A statement by Member of Parliament stating that [i]t was an appreciation
cakap penderma. for Johor Bahru, Tan Sri Datuk Seri to Malaysia for championing Islam
Shahrir bin Abdul Samad who, in and for practising Sunni Islam (Ahli
Dalam isu duit (RM2.67 bilion), saya a report dated 8 August 2015,6 in Sunnah Wal Jamaah), as reported on
tak melihatnya sebagai isu besar response to questions posed by the 17 August 2015.9
bagi saya itu budi bicara orang yang Chief Minister of Johor, Datuk Seri
derma duit,. Khaled Nordins son, Akmal Saufi, 8. Deputy Prime Minister and Minister
was reported to have said: of Home Aairs, Dato Seri Dr Ahmad
2. The Minister for Urban Wellbeing, Zahid bin Hamidi confirmed, in a
Housing and Local Government, As stated by MACC, the money report dated 22 August 2015, that
Datuk Haji Abdul Rahman bin Haji was a donation. Were these donations the donation was from the Middle
Dahlan was reported, on 1 August contributed to the government, East because I saw the documents
2015,2 to have said: for UMNOs purpose or personal and met with the chief investment
purposes? ocer of the donor and the financial
I wish to inform that the Umno trustee of the family of the donor. As
constitution provides for the party Answer: For politics - UMNO and to why the money was donated to
president to have a trust account on BN... Malaysia, he added, He gave three
behalf of the party. It is not impossible . reasons the first because Malaysia
or surprising if the (current) Umno is fully committed to anti-terrorism
president and previous presidents 5. Further statements made by Datuk and Malaysia had the Prevention
have a trust account for the party. Abdul Rahman Dahlan in a report of Terrorism Act (POTA), the Penal
dated 11 August 2015 state that Code and the Security Oences
It was further reported that Datuk there are donors out there who (Special Measures) Act 2012, as we
Abdul Rahman Dahlan and fellow believe in certain objective that they do not want terrorists to disrupt (the
party members felt more confident want to donate and in this case, they nation).10
with the donations being placed in the donated to UMNO. He added, [t]hey
presidents account as it was safer (donors) do want orang kampong 9. A statement by the Deputy Minister
there, further stating, in fact it is the houses and rural roads to be fixed, of Transport, Datuk Abdul Aziz bin
responsibility of the party president to giving better access to education and Kaprawi, who claimed that DAP was
find funds for party activities.3 raise the quality of lives.7 funded by the Jews during the 13th
General Election in 2013, saying [i]f
3. The Minister for Youth and Sports, 6. The Minister of Tourism and Culture, we loose [sic], DAP will be in power.
Khairy Jamaluddin was reported, on Dato Seri Mohamed Nazri bin Abdul DAP with its Jewish funds will control
4 August 2015,4 to have said: Aziz, stated in a report dated 11 the country. He then went on to say
August 2015, that [t]he donation that it was [b]ased on this fact, [that]
Not only Umno and BN, every was given to us by a friendly nation, our friends in the Middle East saw the
politician receive donations from their a nation which is not much stronger Jewish threat through DAP.11
The Safer Malaysia Committee (Safer Malaysia) is a unique committee as it was originally a
community project established back in June 2012. The community project was the brainchild
of a few concerned individuals who were determined to counter the menace of crime which
seemed to be rapidly increasing by the day. The project became a full-fledged committee when
Bar Council adopted it in March 2013. Today, Safer Malaysia subcommittees are established in
most states, including Malacca, Perlis, Perak, Kedah and Pahang.
Safer Malaysia is an initiative to push for security reforms within the country, and to help
Malaysians reclaim the ownership of safety in Malaysia. This Committee was specifically set up
to propose suggestions on ways to curb crime eectively. The ultimate goal of this Committee is
to make Malaysia a safer place, and the committee is robustly thriving to achieve this.
Safer Malaysia also oers ideas to minimise the opportunities of crime. This includes awareness
campaigns and dialogues with the relevant government authorities to stop the criminal itself.
One of our themes is Stop the criminal, and we stop the crime.
Among the initiatives taken to battle crime is by educating the younger generation on delinquency
and crime. Safer Malaysia has embarked on a project with emphasis on educating children about
crime, and it aims to promote safety awareness in children through this project, called Safer
Malaysia Kids. Among others, Safer Malaysia Kids oers guidance for parents, and provides
information and solutions to common crimes against children. Parents are also given handy
safety tips as well as pointers on how to eectively exercise parental control.
The long-term goals of Safer Malaysia Kids are to introduce crime awareness in schools across
the country to educate children on crime, and to raise crime awareness among this group. The
final objective is to convince the Ministry of Education to adopt this project and implement it
on a national level so that crime awareness can be raised among students. The Performance
Management and Delivery Unit under the Prime Ministers Department (PEMANDU) is working
very closely with Safer Malaysia to make this project a reality.
In addition, Safer Malaysia carries out various activities and events with diverse sections of the
Malaysian community all over the country, including holding forums and workshops, to promote
crime awareness.
Talk on Procedures in The Johore Bar held a naming ceremony of its auditorium on 15 June 2015. The Johore
Industrial Court Bar Auditorium was renamed the Abdullah A Rahman Auditorium, after the late Abdullah A
Rahman who was the longest serving Chairman of the Johore Bar, and the first Chairman of
On 12 May 2015, the Johore Bar Continuing the Johore Bar who was elected as President of the Malaysian Bar.
Professional Development (CPD)
Committee invited Tuan Roslan b Mat Nor, The ceremony was graced by his family and past Chairmen of the Johore Bar. S Balarajah
Chairman of the Industrial Court of Malaysia, gave a citation for the late Abdullah A Rahman, and Steven Thiru, President of the Malaysian
Johor Bahru, to give a talk on Procedures Bar, ociated the ceremony.
in Industrial Court to members of the
Johore Bar. The talk drew the attendance
of 30 participants.
Organised by the KL Bar Young Lawyers Committee (YLC), this event was held on 21 Mar
2015 at the Lakeside Campus of Taylors University, and was attended by 40 students.
TRG Bar A (1st placing); Icepick Willie (2nd Sixteen young lawyers took part in various The KL Bar Pupils Committee organised
placing); Rilek Je (3rd placing) water activities at the Asian Water Sports a Criminal Litigation Workshop
Village in Puchong on 13 and 14 June 2015.
This event was organised by the KL Bar specifically for pupils, on 29 June
Best Male Player: Mohammad Afiq Ammar
(Rilek Je) Young Lawyers Committee (YLC). 2015. The workshop focused primarily
on the practical aspects of handling a
Best Female Player: Ghasidah bt Jusoh brief and covered the following areas:
(TRG Bar A). Client Interview, Mitigation, Bail
Application, and Trial Process. The
Best Firm Team: Rilek Je from Khairul A &
Co; Spare Rib from Chooi & Co (2nd placing); workshop was conducted by Lim Chi
Alley Gator from Lee Hishammuddin Allen & Chau and Farhan Read, and attended
Gledhill (3rd placing) by 31 pupils.
Other Programmes
The following Continuing Professional
Development (CPD) programmes
Chief Minister Lim Guan Eng signs the plaque. The widow of the late Karpal Singh, Gurmit were either organised, co-organised
Kaur, stands beside him or participated in, by the Penang Bar
Committee from April to July 2015:
Penang Legal Aid Centre Annual entitled An Evening with the Doyens on
Review 22 May 2015, featuring CV Prabhakaran, Shades of Conveyancing
Baldev Bhar, K Kumaraendran, V Practice and An Introduction to
The Penang Legal Aid Centre (PLAC) held Sithambaram, and Ang Chun Pun. These the Companies Bill 2013 (14 May
its Annual Review on 24 Apr 2015 at the senior members shared their experiences 2015);
new Penang Bar Auditorium. Attended by of practice at the Criminal Bar through
members and pupils, the past years activities a series of anecdotes and humorous RTS 2015 | Exclusive Preview on
were presented and upcoming events and narratives that spanned several decades, Associate Qualifications in Islamic
projects were proposed and discussed. involving fellow Members, the Bench, Finance (21 May 2015);
clients and witnesses. It is hoped that Workshop on Handling Inquests
Connect @ The Bridge their commitment and passion for the law (organised by Suara Rakyat
and legal practice will serve as a source of Malaysia, Suaram) (23 May 2015);
An after-work social event themed Connect inspiration and encouragement for young
@ The Bridge was held on 28 Apr 2015 at practitioners and pupils. RTS 2015 | Seminar on Unjust
the refurbished and revamped Loke Thye Enrichment Law (28 May 2015);
Kee, known as the oldest restaurant in
RTS 2015 | Technology for Law
Penang. The gathering was well attended by
Firms (4 June 2015);
both senior and junior members, as well as
pupils. The refreshments and snacks were Seminar on the Law of Joint
sponsored by the proprietors of the venue. Ventures (5 June 2015);
Seminar on Islamic Wills (8 June
An Evening with the Doyens 2015); and
The Penang Bar Criminal Law The Good, the Bad and the Ugly of
Subcommittee organised a social event Some of the doyens, in photograph
Criminal Practice (9 July 2015).
Committee Committee 2014/2015s Corporate and Conveyancing Committee, on 7 May 2015. His
presentation was conducted creatively by inviting the participants to take part in the activities
that he had prepared that day.
Talk on Criminal Advocacy
On 17 Apr 2015, the Perak Bar Committee organised a talk entitled How to Protect
Company Intellectual Property Assets. The talk was presented by former Perak Bar
Committee Honorary Secretary, Hemalatha Parasa Ramulu, and Noel J Akers, a Chartered
Patent Attorney and European Patent Attorney. While both speakers covered the topic
on protecting company intellectual property assets, Noel Akers thoroughly discussed the
topic and highlighted the dierences in Malaysia and other countries.
A token of Appreciation from Kenny Lai,
Chairman of the Perak Bar
There was an abundance of food and the lion dance troupe made its way right up to the third
floor of the secretariat building.
Ushering the New Year with lion dance Members and children take a group photo
Tan Sri Dato Sri Haji Mohamed Apandi was born on 11 Feb
1950 in Kota Bharu, Kelantan. He received his LLB (Hons)
degree from the University of London in 1972, is a barrister-
at-law of the Inner Temple London, and pursued studies at the
Institute of Advanced Legal Studies, London.
Tan Sri Dato Sri Haji Mohamed Apandi has vast experience
in the legal field. He served as a Magistrate at the Kuala
Terengganu Magistrates Court from 1973 to 1975; and as a
Director of the Legal Aid Bureau for the State of Kelantan from
1975 to 1977. From 1977 to 1980, he was appointed a Deputy
Public Prosecutor for the State of Kelantan and Terengganu.
In 1980, his career took him to serve in Kuala Lumpur, as Legal
Adviser for the Ministry of Trade and Industry.
Tan Sri Dato Sri Haji Mohamed Apandi is married to Puan Sri
Datin Sri Dato Faridah Begum bt KA Abdul Kader, and they
are blessed with seven children.
Malaysia News
Mohamed Apandi Replaces Gani Patail
as Attorney-General
Tan Sri Abdul Gani Patails tenure as Attorney-General
has been terminated with immediate effect, due to health
reasons. According to Chief Secretary to the Government,
Tan Sri Dr Ali Hamsa in his statement, former Federal Court
Judge, Tan Sri Mohamed Apandi Ali, has been appointed
the new Attorney General, effective on 27 July 2015.
The termination however comes in the midst of a high-profile probe led by Tan Sri Abdul Gani on troubled state investor 1Malaysia Development
Berhad (1MDB). This investigation has also put allegations against Prime Minister Dato Sri Najib Razak in the spotlight.
Tan Sri Abdul Gani, in his capacity as Attorney General, had led a Special Task Force which incorporates the police, the Malaysian Anti-
Corruption Commission (MACC) and Bank Negara Malaysia.
This Task Force sprang into action, raiding offices and making arrests following a Wall Street Journal report on 3 July that alleged the deposit of
US$700 million (RM2.6 billion) in 1MDB-linked funds into the Prime Ministers personal accounts over the past two years, an allegation that the
Prime Minister has denied. ~ Adapted from The Star/The Straits Times
Deputy Prime Minister, Tan Sri Muhyiddin Yassin fell out of favour and was dropped days after publicly calling on the Prime Minister to satisfactorily
explain the scandal enveloping 1Malaysia Development Bhd (1MDB). He is replaced by former Home Minister, Datuk Seri Dr Ahmad Zahid
Hamidi.
Dato Sri Najib claimed that the unity of the ruling Barisan Nasional coalition would be strengthened, as it prepares for elections in 2018.
In a related development, the Kuala Lumpur Composite Index (KLCI) fell by 10.06 points at the end of trading, hours after Dato Seri Najib
announced the Cabinet reshuffle. ~ Adapted from Reuters/Malay Mail Online
Trowers & Hamlins is First to The Edge files for Judicial IGP: Cops Back Death
Receive Qualified Foreign Review over Ban Sentence Review, But
Law Firm Licence in Total Scrapping a Step
Malaysia An application has been filed by The Edge Backward
Media Group to seek a judicial review of
In April 2015, Trowers & Hamlin became the Home Ministrys decision to ban two of Inspector-General of Police (IGP) Tan Sri
the the first foreign law firm to be granted a its publications, at the Kuala Lumpur High Khalid Abu Bakar said the police supports a
Qualified Foreign Law Firm (QFLF) licence Court. review of the mandatory death sentence for
in Malaysia. Licences for QFLFs are valid drug-related offence, but stopped short at
for a three-year period and are renewable. The Home Ministry had suspended The calling for its abolition.
Edge Weekly and The Edge Financial
Trowers & Hamlins announced on its Daily, for three months, beginning 27 July. In an interview with The Star, the IGP said that
website that the QFLF licence will allow The Edge believes that the suspension abolishing the death sentence would sent the
[the firm] to operate independently in of the permits is a result of its report on wrong signal to drug dealers, and is equivalent
Malaysia and advise on international legal 1Malaysia Development Berhad (1MDB). to taking a step backward in the war against
issues, subject to certain restrictions, and ~ Adapted from The Star drugs. He also noted that the police preferred
follows numerous years of working with to keep the death sentence as an option in
Malaysian clients on their activities outside courts.
Malaysia.
This statement was in contrast to the view of
Prior to being awarded this licence, the firm Former IGP, Tun Hanif Omar, who was quoted
had operated a non-trading representative to back a complete review of the death penalty
regional office in Kuala Lumpur since mid- for drug offences, as the death sentence had
2012. failed to deter people from taking the risk.
The firms regional managing partner, Nick Even Minister in the Prime Ministers
White, and firm partner, Nick Edmondes, Department, Datuk Paul Low had called for
are registered to practise as foreign lawyers the death sentence for drug offence to be
in their Kuala Lumpur office. reviewed. ~ Adapted from Malay Mail Online
Regional News
India Executes Man Convicted in 1993 Bombings
India executed Yakub Memon, convicted in the 1993 Mumbai bombings, by hanging at the Nagpur Central Jail.
Yakub Memon was arrested by the Central Bureau of Investigation (CBI) in Kathmandu in 1994, and had been in prison since. In July
2007, Memon was sentenced to death for orchestrating the bombings that included a horrific attack on the Bombay Stock Exchange.
In March 2013, Memons death sentence was upheld by the Indian Supreme Court. In upholding his sentence, the Court stated
that Memons actions were carried out with utter disregard to human life and dignity which justifies the rare imposition of the death
penalty. ~ Adapted from JURIST
US Human Trafficking Report under Fire as Cuba and Malaysia are Upgraded
The removal of Cuba and Malaysia from the US State Departments list of countries categorically failing to respond to widespread human
trafficking, has led to criticism of the United States. Both countries have been upgraded from tier 3 in the 2015 Trafficking in Persons
(TiP) report.
Cubas sudden upgrade to tier 2, after 12 years on tier 3, came after the reopening of the US embassy in Havana and the re-establishment
of diplomatic relations after 50 years of estrangement.
Malaysia, on the other hand, was upgraded to tier 2, after spending a year on tier 3. The upgrade removes a potential barrier to finalising
the Trans-Pacific Partnership (TPP), a huge US-led free trade deal with Malaysia and the rest of the members of the Association of
Southeast Asian Nations (ASEAN). This is because countries on tier 3 are theoretically barred from fast-tracked trade deals. Malaysia
has, over the past year, been accused of widespread forced labour in its electronics industry, as well as trafficking, in its palm oil industry.
International outcry followed Malaysias upgrade, with the discovery of 139 graves in jungle trafficking camps near the border with
Thailand. The camps were found to have held thousands of stateless Rohingya migrants to ransom. The US State Department
responded by saying that the camps were only discovered after the cut-off for evidence-gathering for the TiP report. ~ Adapted from
The Guardian
International Arbitration is on Boy Scouts Lifts Ban on Gay Burnout and Stress Hit 73% of
the Rise Leaders Lawyers
As corporates look to keep costs down, Openly gay individuals are now allowed A survey of 1,000 UK partners, associates
arbitration is increasing globally, particularly to serve as leaders and employees of the and trainees found long hours as the main
in relation to government disputes. Boy Scouts of America (BSA), as the cause of burnout and stress (58% of
National Executive Board of BSA voted to respondents), followed by difficult clients
In 2013, the London Court of International amend its leadership policy. (38%) and constant interruptions (35%).
Arbitration dealt with 301 cases, a rise of
more than 5% of the numbers handled BSA pointed out that while adult leaders The survey results published in The
in 2009 at the litigation peak of the could still be chosen based on their Lawyer also noted that difficult bosses
financial crisis. Meanwhile, the Singapore religious beliefs, it is committed to and strained relationships with peers were
International Arbitration Centre (SIAC) prohibiting a policy that discriminates among the common problems. Young
handled 259 cases in 2013, as opposed to against gay adults. Seventy-nine percent lawyers in their 20s were found to be the
just 160 cases in 2009. of the executive board voted in favour most stressed, while the happiest were
of the resolution, which took effect those in their 30s.
It was the reverse however, in Sweden, as immediately. ~ Adapted from JURIST
the Arbitration Institute of the Stockholm The survey also pointed out that having
Chamber of Commerce (SCC) saw cases constant access to emails on laptops,
fall from 216 in 2009 to 203 last year. mobile phones, as well as tablets, made it
difficult for people to switch off from work.
According to Pinsent Masons, which ~ Adapted from thelawyer.com
put together the analysis, the rise of
international arbitration could partly be
due to multinationals preferring to settle
disputes with governments rather than
challenging them in the courts. ~ Adapted
from Financial Times/The Global Legal
Post
Data presented is based on recorded data for 16,373 Members as at 30 June 2015.
Organiser Cycle 2 88
Bar Council 88
Johore 20
Kedah 5
Kelantan 4
Kuala Lumpur 45
Malacca 8
Negeri Sembilan 7
Pahang 4
45
Penang 16
Perak 8
33
Perlis 3
29
Selangor 33
Terengganu 0 20 19
PSDC Advocacy 4 16
Training 13
8 8
CPD Regional 13 5
7
Training Series 4 4 3 4
2
iCPD 2 0
Online Training 19
er al ur
em ca
Pa lan
Pe ng
Jo cil
Ke re
Ku Ke dah
Lu tan
Pe g
Pe k
Re Ad T Sel rlis
al ac gg r
ai ra u
Se g
in i s
G rain D
Tr ing
ng
on c en o
ra
rie
Tr y T an
n
ng in
YB e T CP
ho
eg M p
gi vo er ang
n
i S ac
ha
na
ni
bi
ni in
al lan
m
ou
ai
YBGK Training 29
rC
K
Ba
Total 308
nl
O
N
PD C
C PSD
iCPD 105
Online Training 380
YBGK Training 909
Total 11,967
Accredited Cycle 2
Courses
Commercial 2,473
course
providers 10,253
International 0
organisations
Government 13
organisations 805
Academic 38
institutions
909
Non- 47
governmental
organisations
Professional 263
1,353
bodies
2,473
In-house legal 1,353
training
Legal Aid 909
Centre
CPD Regional 805
Training Series 263
47
0 13
Bar Council, 10,253
State Bars
including
Advocacy
Commercial course providers Professional bodies
Training and
Online Training International organisations In-house legal training
Government organisations Legal Aid Centre
Total 16,154
Academic institutions CPD Regional Training Series
Non-governmental organisations Bar Council, State Bars including
Advocacy Training and Online Training
No of CPD No of
Points Members
487
only
353
1 115
275
2 167 222
167 180 165 168
3 222 144
133 132 123
4 180 115
128 128 129 132
5 128 115 114
98 91
6 133
7 128
8 132
9 129 Total Members who have attained one CPD point or more: 3,599 which amounts to 21.98% of total
Member participation
10 165
Total number of Members who have attained 16 or more CPD points on Cycle 2 based on recorded
11 123 data: 1,415
12 98
(Note that Zero CPD point attainment is not reflected in the graph above)
13 144
14 114
15 115
16 91
17 (17-20) 353
18 (21-30) 487
19 (31-40) 275
20 (41-50) 132
22 (more 168
than 50
points)
Zero CPD 12,774
points
Total 16,373
If you would like to know more about the activities carried out by the CPD
Department, please visit their website:
http://www.malaysianbar.org.my/cpd/
Summary of Circulars
(April to September 2015)
Circular No 067/2015 | Jurisk! June & December 2014: Communicate, Cooperate, Circular No 114/2015 | Requirement of Work Permit for Members Who Appear in High Court
Collaborate! of Sabah for Labuan Matters
Access this circular for more details. Access this circular for more details.
Circular No 073/2015 | Arahan Amalan Bil 2 Tahun 2015 | Pembekalan Fakta Kes Circular No 115/2015 | Request for Feedback on Islamic Financial Services Act 2013
bersama Waran Memenjarakan kepada Pihak Penjara bagi Kes-kes yang Layak Access this circular for more details.
Diparol
Circular No 120/2015 | Accountants Report 2014
Access this circular for more details.
Pursuant to section 79 of the Legal Profession Act 1976, sole proprietors or partners
Circular No 076/2015 | Arahan Penempatan Pesuruhjaya Kehakiman Mahkamah are required to submit the Accountants Report 2014 in respect of the client accounts
Tinggi Bil 1/2015 maintained during the year 2014 for the issuance of Sijil Annual 2016, unless exempted
Access this circular for more details. pursuant to rule 6 of the Accountants Report Rules 1990. Access this circular for more
details.
Circular No 084/2015 | Arahan Amalan Hakim Besar Malaya Bilangan 1 Tahun 2015 |
Pengendalian Kes-Kes Jenayah Jalanan Secara Fast Track di Mahkamah Rendah Circular No 122/2015 | Public Statement by Financial Action Task Force on Money
Malaya Laundering on 27 Feb 2015
Access this circular for more details. Access this circular for more details.
Circular No 087/2015 | 2015 Hotel Corporate Rates Circular No 124/2015 | Request for Feedback on Issues Relating to Goods and
As a Member of the Bar, you are entitled to enjoy preferential hotel corporate rates secured Services Tax
by Bar Council. We are pleased to provide you with an updated list of 2015 corporate rates Access this circular for more details.
for a wide selection of 100 hotels nationwide, to suit your accommodation needs. Access
Circular No 125/2015 | Placement of Clients Monies in Repo Transactions
this circular for more details.
Access this circular for more details.
Circular No 091/2015 | Arahan Pentadbiran Berkenaan Pengendalian Kes-Kes Jenayah
Circular No 128/2015 | Requirement by Banks for Letter of Undertaking from Law
Jalanan Secara Fast-Track Di Mahkamah Rendah Malaya
Firms
Access this circular for more details.
Access this circular for more details.
Circular No 095/2015 | Professional Indemnity Insurance: Amendments to the 2015
Circular No 135/2015 | Renewal of Group Term Life Insurance Policy with AIA Bhd for
Certificate of Insurance
the 2015/2016 Term
Access this circular for more details.
Bar Council renewed the Group Term Life Insurance Policy with AIA Bhd with eect from 1
Circular No 104/2015 | Implementation of Goods and Services Tax (GST) for Foreclosure July 2015, with the annual insurance premium maintained at RM50 per Member of the Bar.
Proceedings and Public Auctions for Immovable Properties at the High Court of Malaya Access this circular for more details.
Access this circular for more details.
The list above highlights some of Bar Councils circulars that were sent out to Members of the Bar from October 2014 to March 2015. Access the Malaysian Bar website at www.
malaysianbar.org.my to view these, and other circulars, in full. Please note that some circulars are only accessible if you are a registered user of the Malaysian Bar website.
The list above highlights some items featured in Bar Councils General Statements, which were sent out to Members of the Bar from January to December 2015. Access the Malaysian Bar
website at www.malaysianbar.org.my to view these in full. Please note that General Statements are only accessible if you are a registered user of the Malaysian Bar website.
Library Update
(1 Apr 2015 to 30 June 2015)
BILLS 2014 PRINCIPAL ACTS 2015
TITLE PUBLICATION DATE ACT NO: TITLE
Animal Welfare Act 2015 [DR.19/2015] 13 April 2015 ACT 767 PUBLIC SECTOR HOME FINANCING BOARD ACT 2015
An Act to establish and incorporate the Public Sector Home Financing Board, to
Allied Health Professions Act 2015 [DR.24/2015] 18 June 2015 provide for its functions and powers, and for matters connected therewith.
w.e.f.: - N.Y.F
Anti-Tracking in Persons and Anti-Smuggling of Migrants (Amendment) 9 April 2015
Act 2015 [DR.18/2015] ACT 768 TECHNOLOGISTS AND TECHNICIANS ACT 2015
An Act to provide for the establishment of the Malaysia Board of Technologists
Armed Forces (Amendment) Act 2015 [DR.23/2015] 18 June 2015 and for the registration and recognition of Professional Technologists and Certified
Technicians in providing technology services and technical services and for related
Capital Markets and Services (Amendment) Act 2015 [DR.16/2015] 9 April 2015 matters.
w.e.f.: - N.Y.F
Chemists (Amendment) Act 2015 [DR.1/2015] 30 March 2015 ACT 769 PREVENTION OF TERRORISM ACT 2015
An Act to provide for the prevention of the commission or support of terrorist acts
Civil Aviation (Amendment) Act 2015 [DR.26/2015] 18 June 2015 involving listed terrorist organisations in a foreign country or any part of a foreign
country and for the control of persons engaged in such acts and for related matters.
Consumer Protection (Amendment) Act 2015 [DR.25/2015] 18 June 2015 w.e.f.: - N.Y.F
Criminal Procedure Code (Amendment) Act 2015 [DR.9/2015] 2 April 2015 ACT 770 SPECIAL MEASURES AGAINST TERRORISM IN FOREIGN COUNTRIES ACT 2015
An Act to provide for special measures to deal with persons who engage in the
commission or support of terrorist acts involving listed terrorist organisations in a
Development Financial Institutions (Amendment) Act 2015 [DR.20/2015] 21 May 2015 foreign country or any part of a foreign country and for related matters.
w.e.f.: - 15.6.2015 [P.U.(B) 250/2015]
Electricity Supply (Amendment) Act 2015 [DR.11/2015] 18 June 2015
ACT SUPPLEMENTARY SUPPLY (2014) ACT 2015
Evidence (Amendment) Act 2015 [DR.12/2015] 3 April 2015 A1482 An Act to apply a sum from the Consolidated Fund for additional expenditure for the
service of the year 2014 and to appropriate that sum for certain purposes for that year.
Judges Remuneration (Amendment) Act 2015 [DR.21/2015] 18 June 2015 w.e.f.: 5.6.2015
Prevention of Crime (Amendment) Act 2015 [DR.8/2015] 2 April 2015 ACT A1407 LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA (AMENDMENT) ACT
2011
Prevention of Terrorism Act 2015 [DR.10/2015] 2 April 2015 Notes: - Amends ss.2,3,4,11,15,20,21,22,23,24, heading of Part.VI, ss.25,26,27,29,30,31,
Part VII (ss.32-33B), s.34, Part IX (ss.35-35W), ss.37, 38, 40, Sch.3.
Prison (Amendment) (No. 2) Act 2015 [DR.5/2015] 2 April 2015 - Inserts new ss.25A, Part VIIA (ss.33C-33F), s.34A, Part VIIIA (ss.34B-34E), ss.38A, 38B,
38C, 39A and Sch.4
w.e.f.: 1.6.2015 [P.U.(B) 232/2015]
Public Sector Home Financing Board Act 2015 [DR.2/2015] 30 March 2015
CUSTOMS ACT 1967 [ACT 235] 98/2015 GOODS AND SERVICES TAX ACT 2014 [ACT 762] 57/2015
CUSTOMS DUTIES (EXEMPTION) (AMENDMENT) ORDER 2015 GOODS AND SERVICES TAX (EXEMPT SUPPLY) (AMENDMENT) ORDER 2015
Issued under s.14(1), Customs Act 1967 Issued under s.18(2), Goods and Services Tax Act 2014
Notes:- Amends Sch., Customs Duties (Exemption) Order 2013, [P.U.(A) 371/2013] Notes:- Amends Sch.2, Goods and Services Tax (Exempt Supply) Order 2014,
w.e.f.:- 29.5.2015 [P.U.(A) 271/2014]
w.e.f.:- 30.3.2015
GOODS AND SERVICES TAX ACT 2014 [ACT 762] 59/2015 LOANS GUARANTEE (BODIES CORPORATE) ACT 1965 [ACT 96] 114/2015
GOODS AND SERVICES TAX (RELIEF) (AMENDMENT) ORDER 2015 LOANS GUARANTEE (BODIES CORPORATE) (REMISSION OF TAX AND STAMP
Issued under s.56, Goods and Services Tax Act 2014 DUTY) (NO.3) ORDER 2015
Notes:- Amends paras.3,5, and Sch.1, Goods and Services Tax (Relief) Order 2014, Issued under s.10(1), Loans Guarantee (Bodies Corporate) Act 1965
[P.U.(A) 273/2014] Notes:- Any tax payable under the Income Tax Act 1967 [Act 53] and any stamp duty
w.e.f.:- 30.3.2015 payable under the Stamp Act 1949 [Act 378] in relation to the Commodity Murabahah
Term Financing-i Facility Agreement of up to one thousand five hundred million
GOODS AND SERVICES TAX ACT 2014 [ACT 762] 58/2015 ringgit (RM1,500,000,000.00) or the guarantee provided or to be provided by the
GOODS AND SERVICES TAX (ZERO-RATED SUPPLY) (AMENDMENT) ORDER Government of Malaysia on the Facility Agreement shall be remitted in full
2015 a) by the An Hwang Investment Bank Berhad (formerly known as HwangDBS
Issued under s.17, Goods and Services Tax Act 2014 Investment Bank Berhad), the An Islamic Bank Berhad and the Perbadanan
Notes:- Amends Schs.1 and 2, Goods and Services Tax (Zero-Rated Supply) Order Tabung Pendidikan Tinggi Nasional, to which the Act applies by virtue of the Loans
2014, [P.U.(A) 272/2014] Guarantee (Declaration of Bodies Corporate) (Perbadanan Tabung Pendidikan
w.e.f.:- 30.3.2015 Tinggi Nasional) 2004 [P.U.(A) 408/2004], as the parties to the Facility Agreement;
and
HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 [ACT 118] 106/2015 b) by any party to whom the Facility Agreement is transferred or assigned.
HOUSING DEVELOPMENT (CONTROL AND LICENSING) (AMENDMENT) w.e.f.:- 9.6.2015
REGULATIONS 2015
Issued under s.24, Housing Development (Control and Licensing) Act 1966 MEDICAL ACT 1971 [ACT 50] 54/2015
Notes:- Amends regs.2,4,5,8,11,13, Schs. G,H,I and J, and deletes reg.11A, Housing MEDICAL (SETTING OF EXAMINATION FOR PROVISIONAL REGISTRATION)
Development (Control and Licensing) Regulations 1989, [P.U.(A) 58/1989] REGULATIONS 2015
w.e.f.:- 1.7.2015 Issued under para.12(1)(aa) and s.36, Medical Act 1971
Notes:- Revokes Medical (Setting of Examination for Provisional Registration)
HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 [ACT 118] 104/2015 Regulations 2012, [P.U.(A) 251/2012]
HOUSING DEVELOPMENT (HOUSING DEVELOPMENT ACCOUNT) - These Regulations shall apply to any person who holds a qualification referred to in
(AMENDMENT) REGULATIONS 2015 subparagraph 12 (1)(a)(ii) of the Act
Issued under s.24, Housing Development (Control and Licensing) Act 1966 w.e.f.:- 26.3.2015
Notes:- General amendment: Amends in the national language text by substituting for
the word fee wherever appearing the word fi. MINISTERIAL FUNCTIONS ACT 1969 [ACT 2] 60/2015
- Amends regs.1A,3A,4A,7,8,9,11,11A,12A,12B,and 12C, Housing Development MINISTERS OF THE FEDERAL GOVERNMENT (NO.2) (AMENDMENT) ORDER
(Housing Development Account) Regulations 1991, [P.U.(A) 231/1991] 2015
w.e.f.:- 2.6.2015 Issued under s.2, Ministerial Functions Act 1969
Notes:- Amends Sch., Ministers of The Federal Government Order (No.2) 2013,
IMMIGRATION ACT 1959/63 [ACT 155] 66/2015 [P.U.(A) 184/2013]
IMMIGRATION AND PASSPORTS (WANG KELIAN FREE FLOW ZONE) w.e.f.:- 16.5.2013 para.2(a)(iii)
(EXEMPTION) (REVOCATION) 2015 27.6.2014 All paras except para.2(a)(iii)
Issued under s.55, Immigration Act 1959/63 and s.4, Passports Act 1966
Notes:- Revokes Immigration and Passport (Wang Kelian Free Flow Zone) (Exemption) NATIONAL ARCHIVES ACT 2003 [ACT 629] 84/2015
Order 2009, [P.U.(A) 243/2009] NATIONAL ARCHIVES (FEES) REGULATIONS 2015
w.e.f.:- 1.4.2015 Issued under s.45, National Archives Act 2003
Notes:- Revokes Malaysian National Archives (Fees) Regulations 2005, [P.U.(A)
INCOME TAX ACT 1967 [ACT 53] 61/2015 292/2005]
INCOME TAX (EXEMPTION) (NO.3) ORDER 2015 w.e.f.:- 11.5.2015
Issued under para.127(3)(b), Income Tax Act 1967
Notes:- Exempts any person from the payment of income tax in the basis period for NATIONAL LAND CODE [ACT 56/1965] 99/2015
a year of assessment in relation to gains or profits derived, in lieu of interest, from the NATIONAL LAND CODE (SURVEY FEES) (AMENDMENT) ORDER 2015
sukuk wakala in accordance with the principle of Wakala Bil Istithmar. Issued under s.10, National Land Code
- Section 109 of the Act shall not apply to the income exempted under this Order. Notes:- Amends Sch., National Land Code (Survey Fees) Order 1965, [L.N. 486/1965]
w.e.f.:- y/a 2015 w.e.f.:- 1.6.2015
INDUSTRIAL RELATIONS ACT 1967 [ACT 177] 85/2015 NETTING OF FINANCIAL AGREEMENTS ACT 2015 [ACT 766] 55/2015
INDUSTRIAL COURT (DIGITAL RECORDING OF PROCEEDINGS) RULES 2015 NETTING OF FINANCIAL AGREEMENTS (PERIOD OF STAY) ORDER 2015
Issued under s.28, Industrial Relations Act 1967 Issued under s.7(1), Netting of Financial Agreements Act 2015
w.e.f.:- 15.5.2015 w.e.f.:- 30.3.2015
LAND PUBLIC TRANSPORT ACT 2010 [ACT 715] 95/2015 PASSPORTS ACT 1966 [ACT 150] 66/2015
LAND PUBLIC TRANSPORT [COMMERCIAL VEHICLES LICENSING BOARD IMMIGRATION AND PASSPORTS (WANG KELIAN FREE FLOW ZONE)
(RATES OF FARE) (AMENDMENT) (NO.2) RULES 2015] REGULATIONS 2015 (EXEMPTION) (REVOCATION) 2015
Issued under s.252(1)(t), Land Public Transport Act 2010 Issued under s.4, Passports Act 1966 and s.55, Immigration Act 1959/63
Notes:- Amends Sch.1, Commercial Vehicles Licensing Board (Rates of Fare) Rules Notes:- Revokes Immigration and Passport (Wang Kelian Free Flow Zone) (Exemption)
2000, [P.U.(A) 242/2000] Order 2009, [P.U.(A) 243/2009]
w.e.f.:- 23.5.2015 w.e.f.:- 1.4.2015
LAND PUBLIC TRANSPORT ACT 2010 [ACT 715] 122/2015 PORT AUTHORITIES ACT 1963 [ACT 488] 123/2015
LAND PUBLIC TRANSPORT (FEES FOR REMOVAL AND DETENTION OF PORT KELANG AUTHORITY (SCALE OF RATES, DUES AND CHARGES)
RELEVANT VEHICLE) REGULATIONS 2015 (AMENDMENT) BY-LAWS 2015
Issued under s.81(3) and para.252(1)(s), Land Public Transport Act 2010 Issued under ss.16 and 29, Port Authorities Act 1963
w.e.f.:- 13.6.2015 Notes:- Amends Sch.3 and inserts new by-law 37A, Port Kelang Authority (Scale of
Rates, Dues and Charges) By-Laws 2012, [P.U.(A) 125/2012]
LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 [ACT 101/2015 w.e.f.:- 1.9.2015
520]
LEMBAGA INDUSTRI PEMBINAAN MALAYSIA (COMPOUNDING OF OFFENCES) POSTAL SERVICES ACT 2012 [ACT 741] 78/2015
REGULATIONS 2015 POSTAL SERVICES (LICENSING) REGULATIONS 2015
Issued under para.37(2)(i) and s.38C, Lembaga Pembangunan Industri Pembinaan Issued under paras.100(a) and (h), Postal Services Act 2012
Malaysia Act 1994 w.e.f.:- 15.4.2015
w.e.f.:- 1.6.2015
POSTAL SERVICES ACT 2012 [ACT 741] 77/2015
LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 [ACT 102/2015 POSTAL SERVICES (UNIVERSAL SERVICE) REGULATIONS 2015
520] Issued under s.5(2), paras.100(d) and (f), Postal Services Act 2012
LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA (SERVICE OF w.e.f.:- 15.4.2015
NOTICE) REGULATIONS 2015
Issued under para.37(2)(c), Lembaga Pembangunan Industri Pembinaan Malaysia Act PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 90/2015
1994 PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM
Notes:- Revokes Construction Industry (Prescribed Notice) Regulations 1997, [P.U.(A) PRICE) (NO.2) ORDER 2015
116/1997] Issued under s.4, Price Control And Anti-Profiteering Act 2011
w.e.f.:- 1.6.2015 w.e.f.:- 22.5.2015 31.5.2015
LOANS GUARANTEE (BODIES CORPORATE) ACT 1965 [ACT 96] 86/2015 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 92/2015
LOANS GUARANTEE (BODIES CORPORATE) (REMISSION OF TAX AND STAMP PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM
DUTY) (NO.2) ORDER 2015 PRICE) (NO.3) ORDER 2015
Issued under s.10(1), Loans Guarantee (Bodies Corporate) Act 1965 Issued under s.4, Price Control And Anti-Profiteering Act 2011
Notes:- Any tax payable under the Income Tax Act 1967 [Act 53] shall be remitted w.e.f.:- 24.5.2015 2.6.2015
in full by any of the individual or entity in respect of any money payable under
any agreement, note, instrument and document in relation to the product, facility, PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 125/2015
programme and guarantee referred to in paragraph 4. PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM
- Any stamp duty payable under the Stamp Act 1949 [Act 378] in respect of any PRICE) (NO.4) ORDER 2015
agreement, note, instrument and document in relation to the product, facility, Issued under s.4, Price Control And Anti-Profiteering Act 2011
programme and guarantee referred to in paragraph 4 shall be remitted in full. w.e.f.:- 1.7.2015
w.e.f.:- 15.5.2015
PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 79/2015
PRICE CONTROL AND ANTI-PROFITEERING (MARKING OF SERVICE CHARGE
FOR HOTEL AND RESTAURANT) ORDER 2015
Issued under s.10, Price Control And Anti-Profiteering Act 2011
w.e.f.:- 1.5.2015
PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 91/2015 PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 115/2015
PRICE CONTROL AND ANTI-PROFITEERING (PRICE MARKING OF PRICE- PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE
CONTROLLED GOODS) (NO.2) ORDER 2015 PUBLICATIONS) (NO.11) ORDER 2015
Issued under s.10, Price Control And Anti-Profiteering Act 2011 Issued under s.7(1), Printing Presses and Publications Act 1984
w.e.f.:- 22.5.2015 31.5.2015 Notes:- The printing, importation, production, reproduction, publishing, sale, issue,
circulation, distribution or possession of Sakit Apakah Ubatnya? Penelitian Daripada
PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 93/2015 Al-Quran Dan Hadis by Wan Md Jamal Bin Hj. Wan Md Saman, 55 Dongeng
PRICE CONTROL AND ANTI-PROFITEERING (PRICE MARKING OF PRICE- Teladan Untuk Anak Muslim by MB. Rahimsyah.AR, Misteri Aneh dan Ganjil
CONTROLLED GOODS) (NO.3) ORDER 2015 Bukti Keagungan Allah by Abu Talhah Iqamuddin and Misteri Aneh dan Ganjil 2:
Issued under s.10, Price Control And Anti-Profiteering Act 2011 Membongkar Kewujudan Makhluk Halus by Abu Talhah Iqamuddin are absolutely
w.e.f.:- 24.5.2015 2.6.2015 prohibited throughout Malaysia.
w.e.f.:- 10.6.2015
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 67/2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 116/2015
PUBLICATIONS) (NO.2) ORDER 2015 PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE
Issued under s.7(1), Printing Presses and Publications Act 1984 PUBLICATIONS) (NO.12) ORDER 2015
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, Issued under s.7(1), Printing Presses and Publications Act 1984
circulation, distribution or possession of Sebongkah Batu Di Kuala Berang, Notes:- The printing, importation, production, reproduction, publishing, sale, issue,
Karbala, Tiga Kali Seminggu and Ingin Jadi Nasrallah by Faisal Tehrani are circulation, distribution or possession of Muhammad: A Story of Gods Messenger
absolutely prohibited throughout Malaysia. and the Revelation that Changed the World by Deepak Chopra, and The Golden
w.e.f.:- 2.4.2015 Laws: History through the Eyes of the Eternal Buddha by Ryuho Okawa are
absolutely prohibited throughout Malaysia.
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 68/2015 w.e.f.:- 10.6.2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE
PUBLICATIONS) (NO.3) ORDER 2015 RENEWABLE ENERGY ACT 2011 [ACT 725] 82/2015
Issued under s.7(1), Printing Presses and Publications Act 1984 RENEWABLE ENERGY (AMENDMENT OF SCHEDULE) ORDER 2015
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, Issued under s.63, Renewable Energy Act 2011
circulation, distribution or possession of KOMPLOT PENJARAKAN ANWAR: Najib Notes:- Amends Sch., Renewable Energy Act 2011
jatuh hukum, hakim ikut skrip by Zunar is absolutely prohibited throughout Malaysia. w.e.f.:- 6.5.2015
w.e.f:- 7.4.2015
RENEWABLE ENERGY ACT 2011 [ACT 725] 88/2015
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 69/2015 RENEWABLE ENERGY (AMENDMENT OF SCHEDULE) ORDER 2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE CORRIGENDUM
PUBLICATIONS) (NO.4) ORDER 2015 Notes:- Corrigendum to [P.U.(A) 82/2015]
Issued under s.7(1), Printing Presses and Publications Act 1984
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, ROAD TRANSPORT ACT 1987 [ACT 333] 100/2015
circulation, distribution or possession of THE CONSPIRACY TO IMPRISON ANWAR: ROAD TRANSPORT (PROHIBITION OF USE OF ROAD) (CITY OF KUALA
Najib convicts, judges follow the script by Zunar is absolutely prohibited throughout LUMPUR) ORDER 2015
Malaysia. Issued under ss.70(1) and (2), Road Transport Act 1987
w.e.f.:- 7.4.2015 w.e.f.:- 1.6.2015
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 70/2015 SAFEGUARDS ACT 2006 [ACT 657] 62/2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE SAFEGUARDS (SAFEGUARD MEASURE) (AGREEMENT ON TRADE IN GOODS
PUBLICATIONS) (NO.5) ORDER 2015 UNDER THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC
Issued under s.7(1), Printing Presses and Publications Act 1984 CO-OPERATION BETWEEN THE ASSOCIATION OF SOUTHEAST ASIAN
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, NATIONS AND THE REPUBLIC OF INDIA) REGULATIONS 2015
circulation, distribution or possession of Pirates of the Carry-BN by Zunar is Issued under s.40A(2), Safeguards Act 2006
absolutely prohibited throughout Malaysia. w.e.f.:- 1.4.2015
w.e.f.:- 7.4.2015
STAMP ACT 1949 [ACT 378] 97/2015
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 71/2015 STAMP DUTY (ADHESIVE STAMP) RULES 2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE Issued under para.82(a), Stamp Act 1949
PUBLICATIONS) (NO.6) ORDER 2015 w.e.f.:- 1.2.2009
Issued under s.7(1), Printing Presses and Publications Act 1984
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, STRATA MANAGEMENT ACT 2013 [ACT 757] 107/2015
circulation, distribution or possession of Islam: Politik dan Spiritual by Hafidz STRATA MANAGEMENT (MAINTENANCE AND MANAGEMENT) REGULATIONS
Abdurrahman is absolutely prohibited throughout Malaysia. 2015
w.e.f.:- 11.4.2015 Issued under s.150, Strata Management Act 2013
Notes:- Revokes any regulations made under the Building and Common Property
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 72/2015 (Maintenance and Management) Act 2007, [Act 663]
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE w.e.f.:- 2.6.2015
PUBLICATIONS) (NO.7) ORDER 2015
Issued under s.7(1), Printing Presses and Publications Act 1984 STRATA MANAGEMENT ACT 2013 [ACT 757] 103/2015
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, STRATA MANAGEMENT (STRATA MANAGEMENT TRIBUNAL) REGULATIONS
circulation, distribution or possession of In The Path Of God Islam And Political 2015
Power by Daniel Pipes is absolutely prohibited throughout Malaysia. Issued under s.124, Strata Management Act 2013
w.e.f.:- 11.4.2015 w.e.f.:- 1.7.2015
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 73/2015 STRATA TITLES ACT 1985 [ACT 318] 105/2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE STRATA TITLES (AMENDMENT OF FORMS) ORDER 2015
PUBLICATIONS) (NO.8) ORDER 2015 Issued under ss.4A(4) and 84, Strata Titles Act 1985
Issued under s.7(1), Printing Presses and Publications Act 1984 Notes:- Amends forms, Strata Titles Act 1985
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, w.e.f.:- 1.6.2015
circulation, distribution or possession of English Translation of the Meanings of the
Holy Quran by The Message International USA, Saheeh International UK, Dar Al STRATA TITLES ACT 1985 [ACT 318] 127/2015
Mountada Saudi Arabia, Al Qummah Eqypt is absolutely prohibited throughout STRATA TITLES (FEDERAL TERRITORY OF KUALA LUMPUR) RULES 2015
Malaysia. Issued under s.81, Strata Titles Act 1985
w.e.f.:- 11.4.2015 Notes:- Revokes Strata Titles (Federal Territory of Kuala Lumpur) Rules 1988, [P.U.(A)
164/1988]
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 74/2015 w.e.f.:- 18.6.2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE
PUBLICATIONS) (NO.9) ORDER 2015 STATUTORY BODIES (DISCIPLINE AND SURCHARGE) ACT 2000 [ACT 605] 94/2015
Issued under s.7(1), Printing Presses and Publications Act 1984 STATUTORY BODIES (DISCIPLINE AND SURCHARGE) (AMENDMENT OF FIRST
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, SCHEDULE) ORDER 2015
circulation, distribution or possession of Rahsia & Khasiat Huruf-Huruf Hijaiyyah Issued under s.23(3), Statutory Bodies (Discipline And Surcharge) Act 2000
(Siri Perubatan Islam) by Abu Al-Baqir Ad-Dusuqi (Ustaz Mohd Fadil bin Arin) is Notes:- Amends Sch.1, Statutory Bodies (Discipline And Surcharge) Act 2000
absolutely prohibited throughout Malaysia. w.e.f.:- 23.5.2015
w.e.f.:- 11.4.2015
WATER SERVICES INDUSTRY ACT 2006 [ACT 655] 80/2015
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 75/2015 WATER SERVICES INDUSTRY (RATES FOR WATER SUPPLY SERVICES)
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE (STATE OF MALACCA) (AMENDMENT) REGULATIONS 2015
PUBLICATIONS) (NO.10) ORDER 2015 Issued under paras.84(2)(a) and 179(i), Water Services Industry Act 2006
Issued under s.7(1), Printing Presses and Publications Act 1984 Notes:- Amends Sch., Water Services Industry (Rates for Water Supply Services)
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, (State of Malacca) Regulations 2010, [P.U.(A) 372/2010]
circulation, distribution or possession of Pagar Hikmah Himpunan Amalan Tok w.e.f.:- 1.5.2015
Janggut by Haji Abdul Razak bin Kasman (Tok Janggut), Dunia Hikmat by Ali
Zulfakar and Amalan Hikmat & Rahsia Dari Al-Quran by Ustaz Kurdi Ismail Hj. Za are
absolutely prohibited throughout Malaysia. WATER SERVICES INDUSTRY ACT 2006 [ACT 655] 81/2015
w.e.f.:- 11.4.2015 WATER SERVICES INDUSTRY (RATES FOR WATER SUPPLY SERVICES)
(STATE OF NEGERI SEMBILAN) REGULATIONS 2015
Issued under paras.84(2)(a) and 179(i), Water Services Industry Act 2006
w.e.f.:- 1.5.2015
WATER SERVICES INDUSTRY ACT 2006 [ACT 655] 76/2015 LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA (AMENDMENT) 232/2015
WATER SERVICES INDUSTRY (WATER RETICULATION AND PLUMBING) ACT 2011 [ACT A1407]
(AMENDMENT) RULES 2015 APPOINTMENT OF DATE OF COMING INTO OPERATION
Issued under s.180, Water Services Industry Act 2006 Notes:- 1 June 2015 appointed as the date of coming into operation of the Lembaga
Notes:- Amends Sch.1, Water Services Industry (Water Reticulation and Plumbing) Pembangunan Industri Pembinaan Malaysia (Amendment) Act 2011
Rules 2014, [P.U.(A) 36/2014] w.e.f.:- 1.6.2015
w.e.f.:- 15.4.2015 All rules except paras. 2(a)(ii) and 2(b)(i)(B)
14.4.2017 Paras.2(a)(ii) and 2(b)(i)(B) NATIONAL LANGUAGE ACTS 1963/67 [ACT 32] 132/2015
PRESCRIPTION UNDER SECTION 6
Notes:- The Prime Minister prescribes that the authoritative text of the Special Measures
WORKMENS COMPENSATION ACT 1952 [ACT 273] 109/2015 Against Terrorism in Foreign Countries Bill 2015 to be introduced in the First Meeting of
WORKMENS COMPENSATION (FOREIGN WORKERS COMPENSATION the Third Session of the Thirteenth Parliament is the text in the English language.
SCHEME) (INSURANCE) (AMENDMENT) ORDER 2015 w.e.f.:- 31.3.2015
Issued under s.26(2), Workmens Compensation Act 1952
Notes:- Amends Sch., Workmens Compensation (Foreign Workers Compensation PENAL CODE (AMENDMENT) ACT 2015 [ACT A1483] 252/2015
Scheme) (Insurance) Order 2005, [P.U.(A) 45/2005] APPOINTMENT OF DATE OF COMING INTO OPERATION
w.e.f.:- 10.6.2015 Notes:- 15 June 2015 appointed as the date of coming into operation of the Penal Code
(Amendment) Act 2015
w.e.f.:- 15.6.2015
LATEST INDEX TO SELECTED P.U.(B) SERIES 2015 PRISON ACT 1995 [ACT 537] 188/2015
As at 30 June 2015 APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT
Notes:- The lock-up at the Kuala Terengganu Syariah Court, Terengganu to be a place
for the confinement of persons, remanded or sentenced to such terms of imprisonment,
TITLE P.U.(B) NO not exceeding one month.
w.e.f.:- 25.4.2015
CHILD ACT 2001 [ACT 611] 236/2015
APPOINTMENT OF HENRY GURNEY SCHOOL SECURITY OFFENCES (SPECIAL MEASURES) (AMENDMENT) ACT 2015 [ACT 251/2015
Notes:- The Minister appoints the area and all buildings surrounded by chain-link fences A1487]
situated on Lot 862, Block 4, Land District of Sentah Segu, Kuching, Sarawak and APPOINTMENT OF DATE OF COMING INTO OPERATION
designated as Henry Gurney School, Puncak Borneo, Kuching, Sarawak with eect Notes:- 15 June 2015 appointed as the date of coming into operation of the Security
from 1 June 2015 Oences (Special Measures) (Amendment) Act 2015
w.e.f.:- 1.6.2015 w.e.f.:- 15.6.2015
CONSTITUTION OF THE STATE OF PENANG [FGS(NS)886/1957] 223/2015 SPECIAL MEASURES AGAINST TERRORISM IN FOREIGN COUNTRIES ACT 2015 250/2015
APPOINTMENT OF HIS EXCELLENCY THE YANG DI-PERTUA NEGERI OF THE [ACT 770]
STATE OF PENANG APPOINTMENT OF DATE OF COMING INTO OPERATION
w.e.f.:- For a term of two years with eect from 1 May 2015 Notes:- 15 June 2015 appointed as the date of coming into operation of the Special
Measures Against Terrorism In Foreign Countries Act 2015
COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 208/2015 w.e.f.:- 15.6.2015
NOTICE OF INITIATION OF AN ANTI-DUMPING DUTY INVESTIGATION WITH
REGARD TO THE IMPORTS OF COLD ROLLED STAINLESS STEEL IN COILS, STRATA MANAGEMENT ACT 2013 [ACT 757] 231/2015
SHEETS OR ANY OTHER FORM ORIGINATING OR EXPORTED FROM CHINESE APPOINTMENT OF DATE OF COMING INTO OPERATION
TAIPEI, FINLAND , FRANCE, HONG KONG, JAPAN, PEOPLES REPUBLIC OF Notes:- 1 June 2015 appointed as the date of coming into operation of the Strata
CHINA, REPUBLIC OF INDONESIA, REPUBLIC OF KOREA AND SOCIALIST Management Act 2013 in the States of Johore, Kedah, Kelantan, Malacca, Negeri
REPUBLIC OF VIET NAM (AD 01/15) Sembilan, Pahang, Terengganu, Perak, Perlis and Selangor.
w.e.f.:- 29.4.2015 w.e.f.:- 1.6.2015
COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 207/2015 STRATA MANAGEMENT ACT 2013 [ACT 757] 237/2015
NOTICE OF INITIATION OF AN ANTI-DUMPING DUTY INVESTIGATION WITH APPOINTMENT OF DATE OF COMING INTO OPERATION
REGARD TO THE IMPORTS OF PREPAINTED, PAINTED OR COLOUR COATED Notes:- 1 June 2015 appointed as the date of coming into operation of the Strata
STEEL COILS ORIGINATING OR EXPORTED FROM THE PEOPLES REPUBLIC OF Management Act 2013 in the Federal Territory of Kuala Lumpur, the Federal Territory of
CHINA AND SOCIALIST REPUBLIC OF VIET NAM (AD 02/15) Labuan and the Federal Territory of Putrajaya.
w.e.f.:- 29.4.2015 w.e.f.:- 1.6.2015
HOUSING DEVELOPMENT (CONTROL AND LICENSING) (AMENDMENT) ACT 234/2015 STRATA MANAGEMENT ACT 2013 [ACT 757] 248/2015
2012 [ACT A1415] APPOINTMENT OF DATE OF COMING INTO OPERATION
APPOINTMENT OF DATE OF COMING INTO OPERATION Notes:- 12 June 2015 appointed as the date of coming into operation of the Strata
Notes:- 1 June 2015 appointed as the date of coming into operation of the Housing Management Act 2013 in the State of Penang.
Development (Control And Licensing) (Amendment) Act 2012 w.e.f.:- 12.6.2015
w.e.f.:- 1.6.2015
STRATA TITLES (AMENDMENT) ACT 2013 [ACT A1450] 238/2015
LEGAL PROFESSION ACT 1976 [ACT 166] 247/2015 APPOINTMENT OF DATE OF COMING INTO OPERATION
NOTIFICATION UNDER SUBSECTION 76(1) Notes:- 1 June 2015 appointed as the date of coming into operation of the Strata Titles
Notes:- a) The persons named in the Schedule have been appointed as members of the (Amendment) Act 2013 in the States of Johore, Kedah, Kelantan, Malacca, Negeri
Bar Council and members of the State Bar Committees for the year 2015/2016; and Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu except section 22.
b) Puan Cheah Yee Lynn, Karen has been elected as the Secretary of the Malaysian Bar. w.e.f.:- 1.6.2015
w.e.f.:- 12.6.2015
STRATA TITLES (AMENDMENT) ACT 2013 [ACT A1450] 239/2015
APPOINTMENT OF DATE OF COMING INTO OPERATION
Notes:- 1 June 2015 appointed as the date of coming into operation of the Strata Titles
(Amendment) Act 2013 in the Federal Territory of Kuala Lumpur, the Federal Territory of
Putrajaya and the Federal Territory of Labuan except section 22.
w.e.f.:- 1.6.2015
NEW BOOKS
Abu Bakar Munir. Data protection law in Asia. Hong Kong: Thomson Reuters Hong Kong Limited, 2014.
Chew, Leslie. Introduction to the law and practice of arbitration in Singapore. Singapore: LexisNexis, 2010.
Chow, Kok Fong, Lim Chong Fong & Oon Chee Kheng. Adjudication of construction payment disputes in Malaysia: navigating the Construction Industry Payment and
Adjudication Act. Petaling Jaya: LexisNexis, 2014.
Chua, Annie. Malaysian GST legislation plus 2015: featuring key sectional commentary and cross-references. Subang Jaya: Sweet & Maxwell, 2015.
Core values of an eective judiciary. Singapore: Academy Publishing, 2015.
Das, Cyrus [Ed]. Employment and industrial relations law in Malaysia. Ampang: Malaysian Current Law Journal: Malaysian Society for Labour and Social Security Law, 2013.
Farid Sufian Shuaib, Tajul Aris Ahmad Bustami & Mohd Hisham Mohd Kamal. Administration of Islamic law in Malaysia: text and material. Petaling Jaya: LexisNexis,
2010.
GST 360: a comprehensive compendium. Petaling Jaya: LexisNexis, 2015.
Intellectual property law guide 2013/14 from LexisNexis : the 1st annual guide to IP law in Asia. Petaling Jaya: LexisNexis, 2014.
Nik Norzrul Thani, Mohamed Ridza Abdullah & Megat Hizaini Hassan. Law and practice of Islamic banking and finance. Subang Jaya: Sweet & Maxwell, 2015.
R.C.I Anson Banks [Ed]. Lindley & Banks on partnership. 19th ed. London: Sweet & Maxwell, 2010.
R.C.I Anson Banks [Ed]. Lindley & Banks on partnership: second supplement to the nineteenth edition. London: Sweet & Maxwell, 2013.
Sause, Jeanette Soderlund & Malin Edmar. Domain names: strategies and legal aspects. London: Sweet & Maxwell, 2015.
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As at 28 Oct 2015
1. Mohamad b Ibrahim 27 Jan 1996 30 Mar 2015 Application for reinstatement allowed by the High Court
Note:
In possession of SA/PC 2015
Disciplinary Orders
(April to August 2015)
FINED Josephine A/P Puspanathan 18 Apr 2015 5,000
NAME ORDER DATED FINED (RM) (J/332)
Ashokvijay J Sanghrajka (A/843) 17 Apr 2015 2,000 Yong Chee Kheong (Y/286) 18 Apr 2015 3,000
Dennis Lim Kian Ser (L/179) 17 Apr 2015 1,000 Abdul Razak Bin Jamaludin 14 May 2015 5,000
Kong Kai Jye (K/967) 17 Apr 2015 1,000 (A/787)
Ling Yoke Hooi (L/779) 17 Apr 2015 3,000 Bavani A/P M. Sooriamoorthy 14 May 2015 10,000
Ritish Kumar Nandy A/L Milon 17 Apr 2015 50,000 (B/112)
Nandy (R/426) Chin Choi Choo (C/358) 14 May 2015 30,000
Voo Petter (V/36) 17 Apr 2015 3,000 K Bagia Sri Devi A/P 14 May 2015 10,000
Firdaus Bin Mohd Yusoff (F/391) 18 Apr 2015 3,000 Krishnamoorthi (K/778)
Kamarudin B Md Yusof (K/298) 14 May 2015 10,000
6) Jagmohan Singh a/l Bhupinder Singh (J/293) 11) Vasandi a/p Kandasamy (V/145)
Struck o by Order dated 10 May 2013. High Court dismissed Jagmohans Struck o by Order dated 28 Mar 2014. High Court dismissed Vasandis appeal
appeal on 4 Nov 2013. Court of Appeal dismissed Jagmohans appeal on 2 on 23 Dec 2014. Court of Appeal dismissed Vasandis application for extension
Apr 2015. of time to file Record of Appeal and allowed Bar Councils application to set
aside Vasandis appeal.
7) Ahmad Rizal Eande b Zainol (A/1452)
Struck o by Order dated 19 July 2013. High Court dismissed Ahmad Rizals 5) Ganesalingam a/l Vijayaratnam (G/154)
appeal on 20 Feb 2014. Court of Appeal dismissed Ahmad Rizals appeal on Fined RM15,000 by Order dated 19 July 2014. Ganesalingam withdrew appeal
24 July 2015. Federal Court dismissed Ahmad Rizals appeal on 28 Jan 2015. at the High Court on 9 Apr 2015.