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Law Research Report Contents Final.Indd
Faculty of Law 2005 Research Report Contents Message from the Associate Dean (Research) 1 Funded Research 2 Grants Commencing in 2005 3 Selected Grants in Progress 6 Grants Completed in 2005 9 Centres and Institutes 16 Asia Pacifi c Centre for Military Law 17 Asian Law Centre 20 Centre for Employment and Labour Relations Law 23 Centre for Comparative Constitutional Studies 26 Centre for Corporate Law and Securities Regulation 28 Centre for the Study of Contemporary Islam 30 Institute for International Law and the Humanities 32 Intellectual Property Research Institute of Australia 34 The Tax Group 36 Centre for Media and Communications Law 38 Academic Research Profi les 39 Jeremy Gans 40 Loane Skene 42 Miranda Stewart 44 Published Research 46 Journals and Newsletters 57 Journal Affi liations 61 Faculty Research Workshop 68 International Research Visitors Scheme 72 Student Published Research Prize 73 Academic Staff 74 Research Higher Degrees Completed in 2005 84 Research Higher Degrees in Progress 85 Message from the Associate Dean (Research) Faculty of Law 2005 Research Report 1 Message from the Associate Dean (Research) It is a great pleasure to present the 2005 Research Report, topics discussed at the Faculty Research Workshop convened which provides an overview of the research activities in the by Associate Professor Andrew Kenyon during 2005. Faculty of Law during 2005. The Faculty’s Research Higher Degree (RHD) candidates In 2005 Faculty members began work on nine new research make an important contribution to the Faculty’s research projects funded by the Australian Research Council. Details endeavours. Sixteen of the Faculty’s RHD candidates of those projects are provided in this report, along with an successfully completed their theses in 2005, making it a update on two funded projects in progress and the outcomes particularly successful year for our RHD program. -
Pola Politik Kaum Dalam Pilihan Raya Umum Malaysia Ke-13: Kajian Kes Negeri Selangor
GEOGRAFIA OnlineTM Malaysian Journal of Society and Space 11 issue 9 (99 - 111) 99 © 2015, ISSN 2180-2491 Pola politik kaum dalam Pilihan Raya Umum Malaysia Ke-13: Kajian kes Negeri Selangor Junaidi Awang Besar1, Muhammad Hazim Abdul Ghani1, Mohd Fuad Mat Jali1, Novel Lyndon1 1Pusat Pengajian Sosial, Pembangunan dan Persekitaran, Fakulti Sains Sosial dan Kemanusiaan, Universiti Kebangsaan Malaysia, Bangi, Selangor Correspondence: Junaidi Awang Besar (email: [email protected]) Abstrak Pada Pilihan Raya Umum Ke-13 Barisan Nasional (BN) gagal mendapat majoriti 2/3 kerusi Parlimen, namun masih menguasai kerusi Parlimen dengan majoriti mudah. Terdapat beberapa buah negeri terus dikuasai oleh parti-parti dalam PR, iaitu Selangor, Pulau Pinang dan Kelantan. Keputusan PRU Ke-13 juga menunjukkan bahawa parti-parti dalam PR menguasai majoriti kerusi Dewan Undangan Negeri (DUN) Selangor sebanyak 44 kerusi berbanding BN hanya 12 kerusi. Menggunakan data yang diperolehi daripada laporan Keputusan PRU Ke-12 dan PRU Ke-13, artikel ini bertujuan menganalisis pola kaum dalam pengundian pada PRU Ke-13 di negeri Selangor. Hasil kajian menunjukkan pengundi di kawasan bandar cenderung menyokong PR berbanding pengundi di luar bandar yang terus setia bersama BN. Majoriti (87 peratus) pengundi kaum Cina dan 57 peratus pengundi India menyokong PR berbanding 63 peratus pengundi Melayu yang lebih mempercayai BN/UMNO. Analisis ini berguna kepada parti- parti politik untuk menghadapi PRU Ke-14 akan datang. Katakunci: kaum, parti politik, pengundi, Pilihan Raya Umum, pola pengundian, politik th Patterns of ethnic politics in Malaysia’s 13 General Election: A case study of Selangor Abstract Ethnic politics may produce particular dynamics in shaping the process and outcome of a general election. -
155KB***The Courts and the Enforcement of Human Rights
(2020) 32 SAcLJ 458 THE COURTS AND THE ENFORCEMENT OF HUMAN RIGHTS This article examines how the Malaysian courts have dealt with substantive human rights issues in the cases that have come before them, focusing particularly on the last ten years. It highlights cases where the courts demonstrated greater willingness to review executive action and parliamentary legislation and test them against constitutional provisions that protect fundamental liberties such as the right to life, and freedom of expression, association and assembly. It also looks at cases which have taken a less flexible approach on these issues. The article also touches on the issues of access to justice, locus standi and justiciability of cases involving human rights issues before the Malaysian courts. Ambiga SREENEVASAN1 LLB (Exeter); Barrister-at-law (non-practising) (Gray’s Inn); Advocate and Solicitor (High Court in Malaya). DING Jo-Ann LLB (Manchester), MSt in International Human Rights Law (Oxford); Barrister-at-law (non-practising) (Lincoln’s Inn). Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people …[2] 1 Former President of the Malaysian Bar (2007–2009), former chairperson and co-chairperson of the Coalition for Clean and Fair Elections (Bersih 2.0) (2010–2013), former president of the National Human Rights Society (Hakam) (2014–2018), Commissioner of the International Commission of Jurists. -
THE RISE and FALL of DR LING LIONG SIK (Bernama 23/05/2003)
23 MAY 2003 Ling-Politics THE RISE AND FALL OF DR LING LIONG SIK By: Alan Ting KUALA LUMPUR, (Bernama) - He was not seen as a likely presidential candidate of the MCA during the infamous clash between Datuk Dr Neo Yee Pan and Datuk Tan Koon Swan in the 1980s. Having thrown his weight behind Koon Swan, he was like any other "generals" in the bitter party tussle, till a twist of fate propelled him to the helm of the oldest and biggest Chinese party, a job he held for almost 17 years. That twist of fate came on Sept 3, 1986 when he, as the deputy president, was appointed to the top post, replacing Koon Swan who had to resign after being sentenced to a two-year jail and a fine of S$500,000 for criminal breach of trust in Singapore. Born on Sept 18, 1943, Dr Ling had his early education at the King Edward VII School in Taiping before joining the prestigious Royal Military College (RMC) in Sungai Besi. From the RMC, Dr Ling studied medicine at the University of Singapore in 1961 and by 1966, he served as a doctor at Penang General Hospital before opting for private practice in Butterworth in 1975. The medical doctor, with a dead-pan face and gravel voice, launched his political career in 1968 when he joined the MCA and worked his way up to become a Central Committee member in 1974. EARLY YEARS In the same year, he was picked to stand in the Mata Kuching (now called Bagan) parliamentary constituency on an MCA ticket and won, retaining the seat for two subsequent terms. -
Penyata Rasmi Official Report
Jilid III Hari Isnin Bil. 14 9hb Jnlai, 1973 PENYATA RASMI OFFICIAL REPORT DEWAN RAKYAT HOUSE OF REPRESENTATIVES PARLIMEN KETIGA Third Parliament PENGGAL PARLIMEN KETIGA Third Session KANDUNGANNYA PENGUMUMAN YANG DI-PERTUA: Memperkenankan Rang Undang-undang [Ruangan 1579J Perutusan daripada Dewan Negara [Ruangan 1580] JAWAPAN-JAWAPAN MULUT BAGI PERTANYAAN-PERTANYAAN [Ruangan 1581] RANG UNDANG-UNDANG DIBAWA KE DALAM MESYUARAT [Ruangan 1616] USUL-USUL: Akta Kastam, 1967— Perintah Duti Kastam (Pindaan) (No. 13), 1973 [Ruangan 1619] Rang Undang-undang Perlembagaan (Pindaan) (No. 2) [Ruangan 1620] Waktu Mesyuarat dan Urusan yang dibebaskan daripada Peraturan Mesyuarat [Ruangan 1680] Ucapan Penangguhan (Cuti Belajar bagi Guru-guru) [Ruangan 1686] RANG UNDANG-UNDANG: Rang Undang-undang Perlembagaan (Pindaan) (No. 2) [Ruangan 1621] DICETAK OLEH MOHD. DAUD PiN ABDUL RAHMAN, KETUA PENGARAH PERCETAKAN MALAYSIA BARAT, KUALA LUMPUR 1973 MALAYSIA DEWAN RAKYAT YANG KETIGA Penyata Rasmi PENGGAL YANG KETIGA Hari Isnin, 9hb Julai, 1973 Mesyuarat dimulakan pada pukul 230 petang YANG HADIR: Yang Berhormat Tuan Yang di-Pertua, TAN SRI DATUK CHIK MOHAMED YUSUF BIN SHEIKH ABDUL RAHMAN, P.M.N., S.P.M.P., J.P., Datuk Bendahara Perak Yang Amat Berhormat Perdana Menteri, Menteri Luar Negeri dan Menteri Pertahanan, TUN HAJI ABDUL RAZAK BIN DATUK HUSSEIN, S.M.N., K.O.M. (Pekan). „ Timbalan Perdana Menteri, Menteri Hal Ehwal Dalam Negeri dan Menteri Perdagangan dan Perindastrian, TUN DR ISMAIL AL-HAJ BIN DATUK HAJI ABDUL RAHMAN, S.S.M., P.M.N., S.P.M.J. (Johor Timur). Yang Berhormat Menteri Kewangan, TUN TAN SIEW SIN, S.S.M., J.P. (Melaka Tengah). Menteri Perpaduan Negara, TUN V.T. -
The Practice of Public Accounts Committee in the Parliament of Malaysia Siti Fahlizah Padlee*
The Practice of Public Accounts Committee in the Parliament of Malaysia Siti Fahlizah Padlee* Abstract The Public Accounts Committee (PAC) of Malaysia is a permanent committee made up of members from Malaysia’s House of Representative, the Dewan Rakyat, and has grown in function since its establishment in 1959. The PAC initially served as a financial oversight body to check the financial procedures and performance accountability of executive bodies. Then, it started to pursue a series of reforms to make it more effective and accountable. Therefore, this research explores the current practices of the PAC in the Parliament of Malaysia pertaining to the appointment of its Chairman. It also analyses the implementation of two types of new meetings and identifies the relationship between the PAC with other stakeholders. The research employed a case study with an exploratory, descriptive approach using data collected from published reports of PAC meetings from 2017 to 2020, the PAC’s official website, interviews with a parliamentary officer-in-charge of handling the PAC, as well as international and local newspapers such as The Straits Times and The Edge. The research found that changes in the appointment of the Chairman have not affected the PAC reports as the core task of a Chairman is to set the committee’s agenda with consultation from the committee and Auditor General, as well as to ensure that the reports are released. The two new types of meeting (i.e. verification meeting and response reporting meeting) are crucial to enhance the PAC performance. Furthermore, the seven ex-officio possess prominent roles to provide and check the validity of data. -
New MH370 Search Ops May Cost RM296
New MH370 search ops may cost RM296 MALAYSIA may fork up to US$70 million (RM296 million) in new search missions for missing Malaysian Airlines Flight MH370. Deputy Transport Minister Datuk Ab Aziz Kaprawi said the government, through the MH370 response team, was in talks with international subsea exploration company Ocean Infinity on the use of latest technology to search for the plane. Negotiations with the United State company include the cost of conducting the search for the Boeing 777 aircraft. “The government is in the process of evaluating fees to be paid for search missions. Ocean Infinity has offered to provide search missions on a ‘no cureno pay’ basis (payment depends upon success and the recovery of property),” Ab Aziz said. He said the negotiations touched on other aspects, including payment terms and schedule, such as whether fees would be paid after the wreckage of the plane was found. He said it was required that the wreckage be certified as MH370 by the plane’s manufacturer, Boeing. “These details are being looked into as the cost is high,” he said in a reply to Dr Tan Seng Giaw (DAP-Kepong) during the minister’s question and answer session at Dewan Rakyat. Tan had asked if the government embarked on new efforts to locate the aircraft. Ab Aziz said Malaysia, Australia and China, in line with the spirit of tripartite cooperation, would consider further search operations should there be new, credible leads. He said the final report of investigations was being prepared. The report will be issued within one year from the suspension of the search operation, which was announced on July 22 last year. -
Annual Report Human Rights Commission of Malaysia
ANNUAL REPORT 2010 HUMAN RIGHTS COMMISSION OF MALAYSIA First Printing, 2011 © Copyright Human Rights Commission of Malaysia (SUHAKAM) The copyright of this report belongs to the Commission. All or any part of this report may be reproduced provided acknowledgement of source is made or with the Commission’s permission. The Commission assumes no responsibility, warranty and liability, expressed or implied by the reproduction of this publication done without the Commission’s permission. Notification of such use is required. All rights reserved. Published in Malaysia by HUMAN RIGHTS COMMISSION OF MALAYSIA 11th Floor, Menara TH Perdana 1001 Jalan Sultan Ismail, 50250 Kuala Lumpur Email: [email protected] URL: http://www.suhakam.org.my Designed & Printed in Malaysia by Reka Cetak Sdn Bhd No 4 & 6, Jalan Sri Sarawak 20B, Taman Sri Andalas, 41200 Klang, Selangor Darul Ehsan National Library of Malaysia Cataloguing-in-Publication Data ISBN: 1675-1159 MEMBERS OF THE COMMISSION APRIL 2008 – APRIL 2010 1. TAN SRI ABU TALIB OTHMAN 2. TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN 3. DATUK DR CHIAM HENG KENG 4. DR MOHAMMAD HIRMAN RITOM ABDULLAH 5. TAN SRI DATO’ DR ASIAH ABU SAMAH 6. PROF DATO’ DR ABDUL MONIR YAACOB 7. DATUK DR RAJ ABDUL KARIM 8. DATO’ CHOO SIEW KIOH 9. DATO’ SRI MUHAMMAD SHAFEE ABDULLAH 10. TUNKU DATUK NAZIHAH TUNKU MOHAMED RUS 11. DATO’ SIVA SUBRAMANIAM A/L NAGARATNAM 12. PROF TAN SRI DR KHOO KAY KIM 13. DATIN PADUKA ZAITOON DATO’ OTHMAN 14. DATO’ DR MICHAEL YEOH OON KHENG 15. DATUK DR DENISON JAYASOORIA 16. DATO’ HAJI KHALID HAJI -
A Study on Interruptions by the Chairperson in the Dewan Rakyat
ACCOUNTABILITY IN THE PARLIAMENT OF MALAYSIA: A STUDY ON INTERRUPTIONS BY THE CHAIRPERSON IN THE DEWAN RAKYAT Inaugural-Dissertation zur Erlangung der Doktorwürde der Philosophischen Fakultät der Rheinischen Friedrich-Wilhelms-Universität zu Bonn vorgelegt von Nor Azura binti A Rahman aus Johor, Malaysia Bonn 2021 Gedruckt mit der Genehmigung der Philosophischen Fakultät der Rheinischen Friedrich-Wilhelms-Universität Bonn Zusammensetzung der Prüfungskommission: Prof. Dr. Stephan Conermann (Vorsitzende/Vorsitzender) Prof. Dr. Christoph Antweiler (Betreuerin/Betreuer und Gutachterin/Gutachter) Prof. Dr. Claudia Derichs (Gutachterin/Gutachter) Tag der mündlichen Prüfung: 26 November 2020 i ABSTRACT The election of the chairman of the House of Representatives, a chamber of the Malaysian parliament, has always been determined by the ruling party. The centralization of executive power has also absorbed the function of the chairman, so that the chairman acts partisanly in parliamentary debates. Also, the chairman has developed into an institution that carries out agenda-setting within the framework of the parliament. This raises the conceptual question of whether legislation in Malaysia is still performed independently by the parliament. The observed patterns require an attempt to re-conceptualize the roles as well as the assigned meaning of various expressions of parliamentary routine, including those that are unwritten and informal, for instance those which can also be termed “subjective forms of rule” at one's own discretion. In my doctoral thesis, I apply an interdisciplinary analytical framework that relates to accountability studies, as well as micro- sociological direct interaction, the interpretations of procedural interactions in conversation, as well as studies of political discretion in parliamentary operations. My main research question asks how the Speaker of Parliament fulfils his responsibilities by disrupting ongoing parliamentary debates. -
English Booklet 04
40-Day Fast and Prayer 1 Pray 4 Malaysia “We totally believe that prayer helps to unite churches, denominations, genders and believers of all ages. When we pray without giving up, changes will happen in the society, the economy, politics, education, entertainment and others.” 2 40-Day Fast and Prayer We encourage you to 1. Read the whole chapter of 2 Corinthians 5 as a start. 2. Meditate on and memorize the assigned verses of each week. 3. Consider how you can be “an ambassador for God”. 4. Ask the Holy Spirit to lead you as you fast (with your parents’ guidance) and intercede for Malaysia each day. (Prayer points serve as guide only). 5. Write down your impression, revelation, audible voice of God, or vision, etc. in your diary. 6. Send us a copy of your reflection after the 40-day Fast & Pray, or email us directly at [email protected] CHARITY Give the money saved from fasting. (Charity box provided) PRAYING ROUND THE CLOCK Log on to www.necf.org.my NOTE: For information on individual states and federal territories, please log on to www.necf.org.my For Your Intercession. Scriptures for Meditation throughout the 40 days 2 Corinthians 5 3 Pray 4 Malaysia Week 1 Scriptures for Meditation Now we know that if the earthly tent we live in is destroyed, we have a building from God, an eternal house in heaven, not built by human hands. Meanwhile we groan, longing to be clothed with our heavenly dwelling, because when we are clothed, we will not be found naked. -
Chinese Responses to Malay Hegemony in Peninsular
KyotoKyotoUniversity University Southeast Asian Studies, Vol. 34, No. 3, December 1996 Chinese Responses to Malay Hegemony in Peninsular Malaysia 1957-96 HENG Pek Koon' Owing to their status as an irnmigrant minority community, the political, social ancl economic life of Chinese in Peninsular Malaysia (known as Malaya in the period before 1963) has inevitably been shaped by initiatives emanating from the dominant Malay community. According to the latest census figures released in 1995, Chinese form 29.4% of the population in Peninsular Malaysia compared to 57.4% for Malays and 9,5% fer Indians [Government of Malaysia, Department of Statistics Malaysia 1995: Vol.1, 40]. This paper examine$ the impact oi Malay hegemony, which emerged with independenee in 1957, on Chinese political and economic life. The interplay of Malay ascendance and Chinese responses over the last four decades has undergone three distinct phases: (1) 1957-69 Alliance coalition rule; (2) 1970-90 National Front (Barisan Nasional) coalition rule and implementation of the New Economic Policy (NEP); (3) 1991-present implementation of the National Development Policy (NDP). During the first phase, Chinese experienced meaningful political participation and made significant economic gain$. The second phase saw concentration of power in the United Malays National Organization (UMNO), a eoncerted implementation of Malay affirmative action policies, and a concomitant m'arginalization of Chinese political activity. In the current phase, NDP "Vision policies, shaped by the objectives of Prime Minister Mohamad Mahathir's 2020," have produced a political and economic climate more conducive to Chinese interests. Befere turning to a discussion of Chinese and economic activities in the country, I political "Malayness" would like to first consider the manner in whieh the three core ethnic identifiers of bahasa, agama, 7zlj'a (language, religion and royalty) have been utilized by the Malay political leadership in public policies to reflect Malay hegemonic status in the Malaysian polity. -
KEEPING the FAITH: PM Puts Reputation on the Line Brendan Pereira February 15, 2006 New Straits Times
KEEPING THE FAITH: PM puts reputation on the line Brendan Pereira February 15, 2006 New Straits Times Feb 14: YESTERDAY was not about the ebullient Datuk Effendi Norwawi being hoisted onto the political mainstage once again, two years after his health scare. It was not about International Trade and Industry Minister Datuk Seri Rafidah Aziz proving that there is life after the Approved Permits fiasco. It was not about Tengku Adnan Tengku Mansor showing that there is no such thing as political oblivion in Malaysian politics. It was about Prime Minister Datuk Seri Abdullah Ahmad Badawi putting his reputation on the line and banking on 33 ministers and 39 deputy ministers to deliver big over the next two years. The stakes are high for the ruling coalition, and for the man who currently occupies the top job in the country. Fail, and the consequences will be grave. He knows that the reservoir of goodwill which followed the Barisan Nasional’s grand election victory in 2004 is emptying. He knows that after the pundits and armchair critics have exhausted all their arguments in coffee houses, the only thing that would really matter in Malaysia is this — whether the economy is humming. He is aware that the next 24 months will define how well he is judged and how well the BN fares in the next election. There will be little wiggle room for Abdullah and his band of ministers. Day One of their task will be on March 31 — the day the Ninth Malaysia Plan is tabled. Privately, Abdullah likes to use this analogy when describing the challenge that lies ahead for him and his team.