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Chronicle of the Malaysian Bar

Brand New Day

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Contents

PRAXIS Contents CHRONICLE OF THE MALAYSIAN BAR President’s Message Editorial Readers’ Comments Features/Articles 6 The Malaysian Bar Interviews the Chief Justice, BAR COUNCIL MALAYSIA Tun Arifin Zakaria BAR COUNCIL 18 The Stench of Criminal Justice 15 Leboh Pasar Besar 50050 Kuala Lumpur 20 Continuing Professional Development – Creating a Competitive Tel No: (603) 2050 2050 Fax No: (603) 2026 1313 / (603) 2034 2825 / (603) 2072 5818 Edge for Malaysian Lawyers Email: [email protected] Website: http://www.malaysianbar.org.my 24 Speech by Lim Chee Wee, President of the Malaysian Bar – Opening of the Legal Year 2013 MEMBERS OF BAR COUNCIL MALAYSIA 2012/2013 Events President: Lim Chee Wee Vice-President: Christopher Leong Secretary: Tony Woon Yeow Thong 32 Siri Pemikiran Kritis Forum: Section 114A of the Treasurer: Steven Thiru Evidence Act 1950

Abdullah Hamzah | Ahmad Taufiq b Baharum | Andrew Khoo Chin Hock | Brendan Navin Siva 33 Thinking like a Business Ninja — Revenue Generation Desmond Ho Chee Cheong | Dipendra Harshad Rai | Faridah Yusoff | George Varughese Gnasegaran s/o Egamparam | Hendon Mohamed | Hon Kai Ping | Indran V Kumaraguru 34 Formula NYLC Interstate Go-Kart Challenge: K Anandaraj Krishnasamy | K Mohan K Kumaran | Kanarasan Ghandinesen | Karen Cheah Yee Lynn Kuthubul Zaman Bukhari | Low Beng Choo | M Ramachelvam | Mad Diah b Endut The “A”s Dominate the Track Murelidaran Navaratnam | Norazham Yahaya | Rajpal Singh s/o Mukhtiar Singh 36 Back-to-School Charity Drive Rao Suryana bt Abdul Rahman | Richard Wee Thiam Seng | S Gunasegaran | Sulaiman b Abdullah Syahredzan Johan | Syamsuriatina bt Ishak | Vivekanandan Periasamy 38 Bar Council Professional Standards & Wan Zainuddin Wan Musa | Yasmeen bt Hj Muhamad Shariff Development Committee 2013 Events 39 Calendar of Upcoming Events EDITORIAL BOARD Bar Council LexisNexis Lifestyle Syamsuriatina Ishak – Editor/Chairperson of Ivan Yap Min Kee – Contract Publishing Manager Publication Committee Annie Yeoh – Associate Editor Mad Diah Endut - Deputy Chairperson of Ryan Yee – Design & Production 40 Siti Z Kasim – The Blue-eyed Girl of the “Pedalaman” Publications Committee Hasnizam Mohamad – Marketing & Advertising Chua Ai Lin – Senior Officer/Assistant Editor Joe Chin – Officer/Assistant Editor Sports Nishta Jiwa & Sangheetha Kuppusamy – Marketing & Advertising State Bar News Aston Paiva, David Mathew, Hanisah Hanaffi, Janet Chai, KS Shasha & Noor Arianti Osman – Editing Team Book Review 56 Construction Law in Malaysia 60 Revenue Law in Singapore and Malaysia: Cases and Commentary, Third Edition LexisNexis Malaysia Sdn Bhd T1-6, Jaya 33, 3, Jalan Semangat Seksyen 13, 46100 Petaling Jaya By the Way ... Selangor Darul Ehsan, Malaysia Tel: (603) 7882 3500, Fax: (603) 7882 3506 58 Dear El Pee See…

Praxis is the official publication of Bar Council Malaysia, published quarterly in collaboration Appointments with LexisNexis Malaysia Sdn Bhd, for circulation to Members of the Malaysian Bar.

Bar Council Malaysia, and its authorised authors and designers of Praxis, accept no liability for any Bar Updates/Notices loss arising from the use of, or reliance on, Praxis. Bar Council Malaysia does not warrant the accuracy of the contents thereof or any statement made by the contributors, writers or advertisers herein, 62 New Admissions to the Malaysian Bar and does not accept responsibility or liability in relation thereto. Statements of contributors, writers or advertisers herein represent their personal views and do not necessarily reflect the views of Bar 66 Summary of Circulars Council or the Malaysian Bar. All users are permitted to view the content of Praxis, without prejudice to the intellectual property rights belonging to Bar Council Malaysia. However, any unauthorised 66 General Information on Matters Discussed at reproduction, duplication, transmission or alteration, in any form or by any means, whether in part or in whole, of Praxis, is strictly prohibited. Bar Council Malaysia also prohibits the use of Praxis and all Bar Council Meetings or any of its contents herein, for commercial and/or personal gain, profit or sale. 67 Library Updates — Legislation © 2012 All rights reserved. 75 Library Updates — New Books Enquiries on advertising: 76 Disciplinary Orders Hasnizam Mohamad — [email protected] Nishta Jiwa — [email protected]

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Praxis JAN-MAR 2013 1 President’s Message

Corruption in the Legal System and Challenges of Leadership

On behalf of the Bar Council, I wish all of my time in office. The first, the usual Members of the Bar a Happy and Blessed lament of any President, is that I could New Year. have done more for the Bar. The second is that I could, and should, have cajoled For the Malaysian Bar, 2012 was a year more Members, both of the Bar and of the charged with changes and controversies, Bar Council, to transform themselves from compliments and condemnations. It is sniggering sideline snipers into sworn already apparent that 2013 will see more frontline soldiers labouring in the interest of the same, and indeed much more so, of the Bar. not least because of the nation’s imminent 13th General Election. With changes of leadership imminent in the various State Bar Committees, In this message, I wish to touch on two amongst Council members and the Office issues that will remain in the spotlight Bearers, I urge Members who wish to serve after I pass the baton (but not the buck) as leaders of the Bar to do so sincerely, to the incoming President, one day after their self-perceived influence arising from with integrity, sacrifice and without self- the Ides of March. friendships or acquaintances with Judges. interest, and Members who will vote for Even if none of these situations would candidates to choose in favour of honesty, Corruption in the legal system amount to corruption, the outcome, when ability and capability, and not based upon such boasts circulate in social gatherings, friendship or favour. Our leaders must It is a truism that the vast majority of mirrors that of corruption: a loss of public make principled decisions resulting in judges and lawyers are honest, and that trust in our legal system. permanent progress and not popular it is only a few rotten apples that ruin the decisions for momentary glory. reputation of the rest. I have highlighted Of course, it is not only corruption in in the media the existence of corruption the Judiciary that we must remedy, but The Bar bids farewell to Brendan Navin in the Judiciary, and also the resolve and also corruption in the legal profession. Siva and Syamsuriatina bt Ishak as readiness of the Chief Justice, Attorney We are aware of a syndicate of rogue Council members. During their tour of General, Bar Council, and Malaysian Anti- lawyers (a small group, mercifully) who duty in faithful service for the Bar, they Corruption Commission (“MACC”) Chief brag of mastering the art of influence and were indeed sworn frontline soldiers Commissioner to rid our justice system of inducement outside the courtroom instead who epitomised Churchill’s exhortation this rot. of advocacy in the courtroom. Most such to “withhold no sacrifice, grudge no boasts may be mere puffery to trick clients toil, seek no sordid gain and fear no The most difficult task is distinguishing to pay more in legal fees. A different, but foe”. I hope that they will return to between mere so-called “Chinese in some ways even more significant, form Council sooner rather than later, and Whispers” and serious allegations of of corruption takes place where lawyers that more Council members will emulate corruption. In this context, we need bribe employees of clients to obtain legal their commitment and industry. I also Members of the Bar and the public to work. The Bar Council is working closely thank those Council members who have “withhold no sacrifice, grudge no toil, with MACC on these issues. laboured conscientiously and diligently seek no sordid gain, fear no foe”1 by during the term. stepping forward to tell us the who, what, All Members must stand up to support the when, where, why and how of corruption. Bar Council’s crusade against corruption, Finally, I pray for a better Bar, Bench and Lawyers must be careful not to cry wolf because the Bar must protect and Government in 2013. or spread unfounded rumours concerning promote the rule of law, and can never corruption. All too often, when lawyers sit idly by and watch the rise in the rule of Lim Chee Wee complain to me about corruption and I lawlessness, and the utter betrayal of the President examine the allegations more closely, the public trust. Malaysian Bar statements are nothing more than wild 29 Jan 2013 speculation. Judges (and their spouses) Challenges of leadership must be discerning about the company they 1 Winston Churchill, speaking at Chateau Laurier, keep — unethical lawyers, untrustworthy As I write this — my last message for Ottawa, in 1954. politicians and shady business people (and Praxis — in a reminiscent mood, I wish to sometimes their spouses) like to boast of share with Members the two chief regrets

2 Praxis JAN-MAR 2013 Editorial

From the Editor’s Keyboard...

Reference proceedings of our recently passed Continuing Professional Development Scheme. brethren are always a solemn but momentous affair; I dare say the celebration of the exit more Our Lifestyle section features a lawyer who works meaningful than even its entry via the Call to the closely with the Orang Asli, Miss Siti Kasim in “The Bar. Blue-Eyed Girl of the “Pedalamam” by our resident writer KS Shasha; while the Sports section The one I attended in November 2012 in the Shah captures the KL-Selangor Sports Tournament, Alam Court was certainly no exception; mourning held in November. These lie alongside reports of the loss of our brothers and one sister: the late State Bar news and activities, followed by the Sinnu Marappan, Ghandinesen Kanapathipillai, calendar of upcoming events and the Continuing Thaiyyub Khan bin MM Othuman Aliar, Chong Professional Development Calendar 2013. The By Weng Kong and Vasuvi Paramanathan. Through The Way section in this issue continues with more the obituarial citations, the life and professional interesting anecdotes and advice on Legal Practice stories of our fallen comrades were shared in the “Dear El Pee See” segment. amongst family and friends, bringing me to reflect on my own existence and work-home-self In our Book Report section, we are delighted balance. to share double must-haves for practitioners: Construction Law in Malaysia by Datuk Sundra I wanted to share this thought with our readers Rajoo and Ir Harbans Singh, written by none other for this first issue of 2013, as we welcome in a than retired Federal Court Judge Tan Sri James new working year, geared to usher in success Foong and the Revenue Law in Singapore and and prosperity. While reflecting on New Year Malaysia: Cases and Commentary by resolutions, I am prompted to recall the wise Datuk D P Naban. That means readers words of one Carl Bard: who are kind enough to share their “Though no one can go back and make comments on Praxis, Bar Council or a brand new start, anyone can start from anything concerning legal practice now and make a brand new ending.” or the Malaysian Bar, vie to win themselves not one but TWO book prizes for the Apr-Jun 2013 issue! With that, and borrowing from one So do keep the great comments of my favourite songs by Sting, the (favourable or otherwise) coming Editorial team presents the Jan-Mar to [email protected]! 2013 issue of Praxis entitled “Brand New Day”. We trust this Jan-Mar 2013 issue of Praxis will be a pleasing read. This First Quarter 2013 issue of Praxis brings to you an assortment On behalf of the Editorial, I also of writings including an interview wish all readers happy and glorious with the Chief Justice YAA Tun Chinese New Year of the Snake! Arifin bin Zakaria (Dato’ Lela Negara) by our past-president, Syamsuriatina Ishak Dato’ Yeo Yang Poh; speech of our Editor of Praxis, President delivered at the Opening Chronicle of the Malaysian Bar of Legal Year 2013 ceremony held 28 January 2013 in Putrajaya in January; a thorough and elucidating explanation of the

Praxis JAN-MAR 2013 3 A Practical Guide to Preventive Relief - Injunction ad (Praxis)_Layout 1 1/29/13 10:26 AM Page 1

Readers’ Comments RM 250 A Practical Guide to I had attended the two days Advocacy Training Course in Muar and I find that it is extremely useful for litigators. I was shown excellent advocacy techniques and skills which Preventive Relief To the Editor of PRAXIS and the team of writers covering the are extremely useful to me. I’m grateful to all the trainers IMLC, of ATC for showing me the light. Injunction

A big bra-VO for the excellent write-up on each session of the Perhaps I may suggest that Bar Council do make this IMLC in the Oct-Dec 2012 Praxis. For those of us who were Course compulsory for all pupils as I’m sure it will raise the by Paul P. Subramaniam not able to attend, the summaries were very welcomed. It standard of the Bar in light of the current news report of almost felt like ‘stealing’ - being able to get the condensed declining standards. ISBN 9789-6740-0120-9 knowledge of all the sessions without having to attend. Regards, Do keep up the good work, after giving yourselves a pat on the back. Lim Tze Yee The book is a practical reference tool for the busy practitioner on the law and procedure regarding Injunctions. The book provides the user with a TY Lim & Co. clear overview of the topic, followed by a succinct step by step guide on the procedure of the particular area of practice with cross references to Jason Kay Kit Leon Muar, Johore the relevant Forms, legislations and case law; all in one publication. Chambers of Jason Kay To ensure efﬁciency and ease of reference the publication is presented in the following manner: Malacca Division I – Practice Division III – Legislation Division II – Forms Division IV – Cases

Key Features Key Cases

• The book emphasises practicality by providing checklists, tables, • American Cyanamid Co v Ethicon Ltd [1975] A C 396 bullet points • Arthur Lee Meng Kwang v Faber Merlin Malaysia Bhd & Ors [1986] 2 • The commentary in Division 1 is cross-referred to other Divisions MLJ 193 My suggestion is regarding the Jurisk!! publication. for ease of reference of readers. • Cheah Cheng Lan v Heng Yea Lee [2001] 1 MLJ 433 Jurisk!! to be published in Praxis? After all both publications are for the benefit of • The overview of topic is presented in the form of a ﬂow chart at the • Dato' Jaffar Bin Mohd Ali & Anor v Jasatera Bhd & Ors [2000] 2 MLJ Is it not possible for the articles in beginning of Division 1 for the users’ easy reference. 277 the members and since Praxis is the newsletter which carries information and news within the practice, with the State • Annotated key legislations reproduced, for example: • Datuk Hong Kim Sui v Tiu Shi Klan & Anor; Albert Teo Chin Kion v Tiu Bars submitting their individual reports on the goings-on in each state, matters referred to in Jurisk!! could be included - SPECIFIC RELIEF ACT 1950 (ACT 137) (REVISED – 1974) Shi Klan & Anor [1985] 1 MLJ 145 in Praxis too. This way all news concerning the legal practice, risk management practice etc inclusive, is contained in - RULES OF COURT 2012 • Erinford Properties Ltd and Another v Cheshire County Council - Order 29 [1974 E No 89] [1974] Ch. 261 one newsletter instead of two, thus saving cost and manpower I would imagine. - Order 45 • Ganam d/o Rajamany v Somoo s/o Sinnah [1984] 2 MLJ 290 - Order 52 • Keet Gerald Francis Noel John v Mohd Noor Bin Abdullah & Ors Also, Praxis is a harder copy publication compared to Jurisk!! I feel that this aspect is of some importance since Jurisk!! [1995] 1 MLJ 193 contains useful risk management advice, which members would need or want to refer to from time to time. Therefore, • See Teow Chuan & Anor v YAM Tunku Nadzaruddin Ibni Tuanku a more durable form of copy, such as Praxis is, would be suitable. Jaafar & Ors [2007] 2 MLJ 212 • Tycoon Realty Sdn Bhd v Senwara Development Sdn Bhd [1999] 2 Shahareen Begum MLJ 696 Imran, Shahareen & Co. Batu Pahat, Johor Table of Contents

Division I Practice • Hearing of Application • Originating Summons • Flow Chart • Undertaking As To Damages • Statement of Claim • Introduction • Order • Defence • Nature of An Injunction • Appeal • Reply, Counterclaim and Defence To • Classiﬁcation of Injunctions • Costs Of Application Counterclaim • Parties • Enforcement of Judgment: Committal • Application For Interlocutory Injunction • Circumstances In Which Injunctions May • Suspension or Discharge of Injunction • Injunction Dear Readers, Be Granted • Dissolution • Ancillary Order • Circumstances In Which Injunctions • Undertaking We are pleased to invite any comments or suggestions regarding our content. All comments may be sent via email to Cannot Be Granted Division II Forms [email protected] by 25 Mar 2013. • Circumstances Where Injunctions May Be • Interlocutory Injunction: Application Division III Legislation Refused • Appeal • Speciﬁc Relief Act 1950 (Act 137) The best few will be printed in our “Readers’ Comments” section, wherein our favourite amongst them will also receive a free copy of the book • Principles Upon Which Injunction Is • Committal (Revised-1974) reviewed in the “Book Review” section of each Praxis issue commented upon. For this issue, we have TWO books up for grabs - “Construction Granted • Discharge, Suspension or Dissolution of • Rules of Court 2012 Law in Malaysia” and “Revenue Law in Singapore and Malaysia: Cases and Commentary”. • Procedure: Final Injunction Injunction • Procedure: Interlocutory Injunction • Writ Division IV Cases For this purpose, please provide your details — name, law firm name and address, telephone number and email address. While we shall only identify printed comments by name, firm name and state, comments that omit providing full details will be disqualified from reproduction. Happy writing! Order Now! via our eBookstore @ www.lexisnexis.com/store/my To purchase, please contact our Helpdesk at Tel: 1800-88-88LN (56) or Email: [email protected] or Twitter (Helpdesk): @HelpLNMY http://twitter.com/LexisNexisMY/ 4 Praxis JAN-MAR 2013 http://facebook.com/LexisNexisMalaysia/ A Practical Guide to Preventive Relief - Injunction ad (Praxis)_Layout 1 1/29/13 10:26 AM Page 1

RM 250 A Practical Guide to Preventive Relief Injunction

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The book is a practical reference tool for the busy practitioner on the law and procedure regarding Injunctions. The book provides the user with a clear overview of the topic, followed by a succinct step by step guide on the procedure of the particular area of practice with cross references to the relevant Forms, legislations and case law; all in one publication. To ensure efﬁciency and ease of reference the publication is presented in the following manner: Division I – Practice Division III – Legislation Division II – Forms Division IV – Cases

Key Features Key Cases

Order Now! via our eBookstore @ www.lexisnexis.com/store/my To purchase, please contact our Helpdesk at Tel: 1800-88-88LN (56) or Email: [email protected] or Twitter (Helpdesk): @HelpLNMY http://twitter.com/LexisNexisMY/ http://facebook.com/LexisNexisMalaysia/ Features/Articles

The Malaysian Bar Interviews the Chief Justice, Tun Arifin Zakaria

by Dato’ Yeo Yang Poh and photos by Syamsuriatina Ishak

On 27 July 2012, Dato’ Yeo Yang Poh, on behalf of the Malaysian Bar, interviewed the Chief Justice of Malaysia, Tun Arifin Zakaria. Yeo: Tun, what about your personal judicial philosophy? I gather that you are for simplifying things. But are you also for making things less technical? Yeo: Allow me, on behalf of the Bar, to congratulate you for your recent award of Tun-ship. We would also like to CJ: Yes, essentially the Rules are meant to do that. I wish I convey our sentiments that the Bar has always had very could make it even simpler, but lawyers do not want to strong confidence in you and in your leadership of the move that far. Judiciary. Yeo: There was a time – maybe 15 or 20 years ago – when Let me begin by asking, Tun, what’s your vision for the things became very technical. Then came 2002, when Judiciary under your charge, now that you have been we had the amendments to all the Court Rules, to provide several months in the job? And also, what is your vision that if it does not affect substantive justice, technicality for the Judiciary after you hand over the charge to should be ignored. Would that trend be continued under someone else in time to come? your charge?

CJ: Well, I’ve been in this post since September 2011. It’s CJ: Yes, certainly. almost a year now. Essentially, my vision is, of course, the first thing is to fulfil the oath of office that I, as Chief Yeo: I think that would be very good news for lawyers. Justice, have taken. The Judiciary is a body. Our mission or vision has been to make the Malaysian Judiciary CJ: Yes. We should not allow procedure to overtake our become one of the world’s best judiciaries in many primary purpose, which is to achieve justice. It should not respects – in terms of integrity, in terms of quality of be allowed to defeat our primary purpose. work, and efficiency, of course. That is essentially what we set out to do, to deliver justice. Yeo: You have stated your longer term goal of leaving behind a judiciary that is much better than you found it. What Yeo: In 10, 15 or 20 years from now, what would you like about the shorter-term goals that you have set? to be most remembered for? What are the legacies you would like to leave behind? CJ: Shorter-term, immediate goals, as I said in my acceptance speech, I would like to improve the quality of the Judiciary, CJ: If I can leave behind a judiciary with a good set of judges especially the quality of judgements. We have started in to carry on with what we have been doing thus far, I fact, for the past few months, under the JAC, training for would be happy. judges. We do it in small batches, the maximum of 15, and we do it during the weekends. Yeo: I’m sure that in these few months you have already started the ball rolling. Could you give us some examples Yeo: And who would the trainers be? of the things that you have put in place, or have in fact achieved, or are in the process of being achieved? CJ: The trainers are judges as well. We get senior judges, Federal Court and Court of Appeal judges, to train High CJ: To start with, we’ve just completed our Combined Rules Court Judges and Judicial Commissioners. We have for the High Court and the Subordinate Courts. It has selected topics that are relevant to their work, like 39B already been gazetted, and is going to be enforced cases, injunctions and commercial cases. Election petition on 1 August this year. That has been a long process is the latest, because of the coming elections. together with the Bar. It has taken us almost three years, sitting down together since Tun Zaki’s time. Yeo: Do you plan to get overseas judges and retired judges to We have finally finished our task. It has already been do the training as well? published and gazetted. That is one way of simplifying the judicial process. The modes of commencement of CJ: No, this is not the kind of training that we normally see. actions and of interlocutory applications have all been This is a course where the participants have to prepare a simplified. Four modes have been reduced to two modes paper. Then we have facilitators to help them. So we for the commencement of action. And for interlocutory pick a topic, then the judges will have to prepare their applications, you just call it “Notice of Application”, one papers, make their presentations, and their colleagues standard application. And the procedures for the High will comment on their presentations. Occasionally we Court and the lower courts will be more or less the same.

6 Praxis JAN-MAR 2013 Features/Articles

will get them to write judgments on a set of facts. Then Yeo: On improving the Judiciary, the problem of backlogs has we open it to comments; and everybody can comment. been largely overcome. At one stage it took several years That’s why we have a maximum of 15, so that they are for a case to go to trial, but now it is within a year. Would not shy to talk, and they can be more participatory. the next step be to improve the quality of decisions?

Yeo: How do you feel the training has been in the past CJ: At the moment the statistics show that we are current in months? Was there resistance from some judges? Were almost all the States, including KL, going by the statistics they happy to participate? given in the last conference in July in Kota Bharu. In Sabah and Sarawak, Native Customary Rights cases tend CJ: No, no resistance at all. They are very happy. Most of to take a bit longer, because there are more witnesses them said they have learnt a lot. They interact with one and because of the sensitivity of the cases. But as far as another. They have become closer than before. If there’s other cases are concerned, we are more or less current. any problem, they are encouraged to call one another, to Even Johore, you’ll be surprised, is current. Penang is also consult one another. As I said, you should be one team, current. you can share ideas. There is no reason whatsoever that they cannot call each other to consult each other about Yeo: Yes, but I am also aware that, in Johor Bahru for example, some problems. We do come across common problems we still need more judges. in our work. CJ: That I disagree. Yeo: Sometime in the future, will there be room for roundtables with Members of the Bar, as well as members of the Bar Yeo: Some of the Judicial Commissioners are overloaded with Council, to exchange views; and for us to communicate work. We know that, because we appear before them how things are perceived from the Bar’s side, and what frequently. Tun, if we are to move towards better quality are the things that we wish could be done differently? of decisions and better quality of judgments, my view is that this is certainly harder than improving numerical CJ: My approach is the same as Tun Zaki’s. My system is an statistics. How do you propose to go about it? open-door system. Honestly, the door is always open. I never close my door, because there is nothing secretive CJ: Of course, it is definitely harder, but we have to go for as far as I’m concerned. it, because it is essential that the quality of decisions and judgments has to improve. Yeo: So I can tell the President that we can take this suggestion up. Yeo: Training is of course one way. But are there other things that should be done? CJ: Yes, he can always call me on the handphone. We want hands-on solutions. CJ: Training is one way. Another is the choice of candidates, of those who are going to be appointed. We select them

Praxis JAN-MAR 2013 7 Features/Articles

performance in the disposal of cases. It is not fair to his colleagues if a judge does not dispose of cases. A judge will have no arrears of judgment, if he is not disposing of any cases at all, while another hard working judge who completes many cases may have arrears of judgment. We have to do it fairly to each and every judge.

Yeo: On the performance of judges, Tun, would you continue to get feedback from the Bar? Of course, we don’t expect you to rely on feedback from any single lawyer alone. But if many counsel from diverse backgrounds and speaking from their experience in various cases have similar things to say about a particular judge, then there would usually be some basis for that. It is highly unlikely that counsel from different firms and in diverse cases would gang up to malign a particular with care. It goes through the JAC (Judicial Appointment judge. Committee). Even for judicial commissioners, now the appointments have to go through JAC. And for CJ: Yes, yes, of course. We get feedback from the Bar. I do promotion as well. JAC is very particular; they don’t contact the President of the Bar regularly, for example just approve any nomination for appointment or for before we promote judges. promotion. They will look at the judgments written by judges. We subscribe law reports for each of the Yeo: Let me move on to another topic, Tun, which I think JAC members, so that they can keep in touch with the is something very dear to your heart, namely judicial judgments of the judges and JCs. Those JCs, who don’t independence and integrity. You said something about write or don’t have reported judgments, are difficult to that in your speech in the July Judges’ Conference. The be confirmed. We call for unreported judgments as well. Bar holds you in very high regard in terms of independence Members of the JAC read the judgments, and make their and integrity. You want all judges to be independent and assessments. be of the highest integrity. But this is something that is easier said than done, because nobody who is lacking Yeo: How would you deal with under-performing judges, in integrity will come out and admit it. So, how do you those who are already judges? keep a check on integrity, including on corruption in the judiciary? And by judiciary I include Magistrates, Sessions CJ: Those who are already judges but are below par, it is Judges and judicial officers. I think we must admit that unfortunate that they have already been appointed. corruption happens, and is not easy to curb. How do you Their tenure is entrenched. It is not easy to remove monitor and check the same? them. But we are taking action against those who are not performing. In fact, a few have been warned. Under CJ: Well, integrity is something that is individual to start with. the Code of Ethics, it is not merely a matter of removal. I can preach, but they can do it quietly behind my back. We are able to reprimand judges or give them warning. So it is difficult to detect. But if we have evidence, we will take action. That’s all we can do. Every time I speak to Yeo: If there are a few grossly under-performing judges, would the judges and the officers, I emphasise the point that, if you be prepared to gently ask them to step aside, and anyone is caught for any lack of integrity, then there is no save everybody the embarrassment? choice, action will definitely be taken. No “maaf-maaf”. I hope slowly we can improve. I emphasise to them the CJ: Yes, yes. We have done that in the past. We are going importance of integrity in our life – not only as judges, to continue doing that. I will also not hesitate to take the but in our life. necessary steps to remove a judge, if need be. Yeo: Like Tun has just said, you can preach a thousand times, Yeo: Or perhaps, to avoid embarrassment, to ask the person to but if a person still pursues it on the quiet, is there any leave voluntarily, if he or she does not improve? mechanism that you can have to curb corruption?

CJ: Yes, gently. In the past, it took us about a year or more CJ: Well, one of the things is that I have told judges that to persuade them to retire voluntarily. We would first socialisation must be restricted. As judges, you cannot be send them show-cause letters. We monitor them, keep socialising with business people, because that gives the track of their judgments, and of whether they have long wrong impression. We are monitoring all these, as part outstanding judgments. Another thing is to see their of the process to improve on integrity.

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Yeo: Allow me to be more concrete. If a litigant or his counsel Yeo: But if it is in a group, would it not be alright? feels that something might be going on in a case, but they don’t have concrete proof, who can they turn to? CJ: In a group, it may be okay. But sometimes you tend to Can they feel safe enough to, for example, approach Tun get familiar with certain people, closer to certain people, or someone delegated by Tun, to say that, although there and sometimes too familiar. Then you create the wrong is no proof, something strange appears to be happening impression. Nothing may be going on, but you create in a case, and to ask that the suspicion be looked into? a negative perception. To avoid this perception, judges should lead an isolated life. CJ: Well, there are a lot of letters written to us, since Tun Zaki’s time. Now it’s less. What we do is, if there is Yeo: What about judges reporting their assets to the MACC? an allegation against any judge eg of being close to a particular lawyer or businessman, we send the letter to CJ: Oh, yes, yes. I said that at the opening of the legal year. that particular judge, and get his response. At least the But not to the MACC, no. Under our Act, they report judge will know that I am aware. If there is anything to the Chief Justice, then it’s for me to scrutinise. If I going on, he will get the message. When he responds, find anything not right or suspicious, then I may report to we will have that on record. If a judge has got four or MACC for further investigation. five complaints, there is reason for alarm. Yeo: Has every judge reported? Yeo: What happens in a case where, from your experience, you sense that something is not right, although you don’t CJ: Yes. have concrete evidence? Would you allow that judge to continue to handle the case? Yeo: Including Session Court Judges?

CJ: It depends on the circumstances. Sometimes a party may CJ: No, only High Court and Appellate Judges, and JCs. not like a judge simply because the judge has made some Sessions Judges will be under their own procedure. comments which he thinks is against him. So he tries to get the judge out of the way. We have to be careful as Yeo: I take it that the result of the reporting shows that well. We don’t want that to happen, because it would everything is in order? be unfair to the other party and to the judge. It’s quite difficult. But, where it is plain and obvious eg where it is CJ: Yes, so far, in order. But we are still in the process of so plain and obvious that no reasonable judge could have checking one by one. If there is anything untoward, done what was done, then we may step in immediately that does not reflect the judge’s income, we will ask for to let the case be handled by another judge. explanation. But generally, I think, there is nothing to be alarmed about. But this is all subject to their declarations. Yeo: If, for example, the Bar comes to know that a judge is False declaration is a different issue. very close to a particular litigant who has many cases in that town, would you be prepared to consider a Yeo: Tun, a few years ago the Judiciary started elevating more representation that another judge hears cases relating to lawyers from the Bar. Will this continue? that litigant? CJ: Yes, yes. In fact, we have been inviting Bar Members to CJ: Yes. Not only that, I will move the judge from the come in, but the problem is that our salary scheme is still State, from the place. A judge should not be close to not attractive to Members of the Bar; and also the way of any particular person, especially to public figures and life. businessmen, because it will give the impression that there is a relationship that may be taken advantage Yeo: In the short term, is there already a freeze on new judges of. For example, if a judge is seen having dinner with a and JCs? particular person every other day, or is always seen with that person, or is frequently visited by that person, the CJ: No. In fact the JAC has considered, and we have sent public will get the wrong impression. them a fresh list of JCs. We are going to confirm a few judges, it is in the pipeline. Yeo: This brings me to the issue of perception. The image of the judiciary may be improving, but it is also not what it Yeo: Is there any move to increase the number of High Court used to be in the good old days; or what, I suspect, Tun Judges under the Constitution? would like it to be. How do you deal with improving the perception of the Malaysian judiciary? CJ: No, not at the moment. We have 60 posts of High Court Judges in Malaya, and 13 in Sabah and Sarawak. There is CJ: I have told judges that they should lead an isolated life. enough for Sabah and Sarawak, but not for Malaya. We That is a sacrifice judges have to make. Not everybody have now about 57 High Court Judges in Malaya and six in is suited to be a judge. There are lawyers whom I have Sabah and Sarawak. About 28 JCs are not confirmed yet. asked whether they are interested to become judges. They tell me they are not keen, because they like to go Yeo: If there are many more capable JCs than there are places out and socialise with their friends. In the past, it was to fill, then we will lose some good judges. different. After a case, we could adjourn to the long bar together with lawyers. CJ: Even though we don’t have that many posts for judges, but as time goes on judges retire. And now the law is

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being amended. If you serve as JC, say, for five years, once confirmed, those five years will be taken into account. For pension purposes, it will be recognised.

Yeo: Still, nobody likes to be a JC for too many years, because people will wonder why this JC has not been elevated to a judge. There are junior JCs who are very capable, and we are worried that, because there are limited positions, they will be “stuck” there as JCs.

CJ: No, no, they will be confirmed.

Yeo: I thought there were only about four or five places left?

CJ: Yes, but the process will go on, slowly.

Yeo: Tun, I wish to move to the subject of judicial temperament in the lower Judiciary ie Magistrates and Session Court Judges. There are still many complaints among Members of the Bar that some of them have very poor judicial temperament. Judicial temperament in the High Courts has improved tremendously, especially after the introduction of video-taping, because bad behaviour will be captured. But in the lower courts, there is still a lot of unhappiness.

CJ: Well, they are also under video-taping now.

Yeo: Not when the proceedings take place in chambers, as they sometimes do.

CJ: Lawyers shouldn’t hesitate to write in to complain. That’s one way we can overcome the problem. If they are afraid of complaining, then they will be victimised by the judge. May be the Bar can tell us what we can do to improve the system. We will see whether it can be implemented. If it is implementable, we’ll take it up. We may modify it as we go along; we can modify things to improve the system.

Yeo: What about not allowing a judicial officer (eg registrar or bailiff) to be in a position for too long?

CJ: We can rotate registrars. In fact, I have been discussing with the Chief Registrar on this matter. We are going to issue a directive that bailiffs and those in charge of auctions should not be for more than one year. Bailiffs and other staff can create havoc. Previously, files could go missing. Now it is difficult because it is all electronic. We can rotate registrars, then there will be no close association with, or preference for, particular auctioneers for example. We can draw lots when it comes to auctioneers and jagas.

Yeo: Tun, I move on to some issues with the High Courts. The Bar is very concerned about counsel being asked to prepare transcript of trials as the trial is ongoing, and be given very little time to come up with the transcript, and at the same time to prepare and file written submissions. Transcripts should be the responsibility of the court. We do understand that the problem is that you can’t get people who can do transcribing. But can something be done about it in the longer term, so that, perhaps in two or three years’ time, we will have court transcribers?

CJ: What we do in KL is to privatise it.

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Yeo: That is workable only if the litigant can afford to pay the CJ: Well, that can be ruled out then. high daily charges. Yeo: Now that the backlog situation is largely solved, there is CJ: As far as the government is concerned, we don’t have no need to rush lawyers into filing written submissions, transcribers. when they are also tasked to do the transcripts. Perhaps this is something that Tun can look into? Yeo: Can the government be asked to start training transcribers? CJ: What we can do is to have a common stand between the Bar and the Bench. How long do you require? Then we CJ: Transcribers, just like typists, are already being abolished can draw up guideline for judges. But you have to let us in the government service. We don’t have typists now, know what the required time for transcription is, after the for your information. Transcribers usually come from close of a case. typists or judge’s secretaries. But transcribing is a very different process. It needs a highly-skilled person to do it. Yeo: We’ll do that. Tun, the next issue is about the sequence of submissions. This applies both to the trial court and Yeo: The Bar feels that this is an essential aspect. In Australia the appellate court. The introduction of simultaneous and Singapore, you get court transcriptions either in the submissions was perhaps to shorten the timelines in order afternoon of the same day, or the next day. to eradicate the backlog. Now that the backlog problem is largely solved, would it not be a good idea to revert CJ: Yes, but you have to pay. back to the old system of sequencing of submissions, instead of simultaneous written submissions? For Yeo: I believe in Singapore you have to pay, but in Australia example, after a trial, the defendant is to submit within a it is free. I think lawyers may be prepared to pay, even month, the plaintiff to do so within two weeks thereafter, though we see it as part of the court’s responsibility. May and the defendant to reply within a further two weeks. I ask you to keep this suggestion open, Tun? Similarly for the appellate court stages. One reason is this: someone can plead 10 issues, but after trial he might CJ: The problem is this: we are talking about the public abandon a few of them in view of the testimonies. But service. Once certain posts are done away with, I cannot the other party doesn’t know that, and will spend time recruit, because there is no longer such post. If you ask dealing with abandoned issues. The same applies to the the government, the JPA, to open this post, they’ll tell appellate courts. It wastes everybody’s time. you that it is the government policy that there’s no longer such post. CJ: Written submissions at the Court of Appeal are also simultaneous? Yeo: Even if it is essential to the smooth functioning of the courts? Yeo: Yes, it’s also simultaneous.

CJ: Even if we were to recruit, do you think we can attract CJ: I can discuss this issue with the CJM and also the President suitable candidates with the low salary scale that we of the Court of Appeal. have? It does not fit into the government budget. Yeo: Thank you. Yeo: Well, if that is not possible, then can we look into giving lawyers much more time to come up with the transcripts, Lawyers feel that sometimes registrars are given too much and then to prepare written submissions using those power in terms of managing the judge’s diary. There transcripts? are instances where both sides have matched their free dates, but the registrar would not accommodate those CJ: You mean you need to transcribe first? dates, and instead fix a date that is not suitable to one or both parties. We feel that if judges manage their own Yeo: Yes, because in a submission one needs to refer to various diaries, they would exercise their discretion better than parts of the transcript. One needs to point out that, registrars. Perhaps Tun can look into reverting some of for example, a witness has admitted something under the discretions in this aspect back to the judges? cross examination. It will not be accurate to make such references, if the transcript has not been done, or has CJ: NCvC cases are managed by judges now. The older cases not been agreed by the opposite party, or has not been will be phased out. You still have that problem because approved by the court. of the old system. But under the NCvC and NCC, it’s all done by judges. In the old days, some judges started CJ: Well, instead of using the transcript, can you use the abusing it. That was why we got judges out of the recording? management. Otherwise, they start postponing cases. The more difficult files got stuck. But NCvC is different. Yeo: That would be very difficult. One has to search for We monitor NCvC and NCC closely, so a case now a particular sentence in a long recording. And it is cannot “grow old”. Within nine months it has got to be difficult to make reference to a particular point in a tape disposed of. If it is more than nine months, we will find recording. A transcript is different. You can do a word out why. For Session Courts it is also nine months, and search. You can also make reference to the page number six months for Magistrates Courts. and the line numbers.

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Yeo: It’s always about striking a balance. We know what you We are going to have 24 Court of Appeal Judges. At the are trying to cure. If you don’t set a deadline, things will moment we have 21. not get done. But once a deadline is set, the judicial officer involved can become totally inflexible; in the sense Yeo: I think Tun is aware of the problem. Lawyers may spend that, whatever happens, it must be completed within six days preparing for an appeal, but are given only 15 months. Then, other kinds of problem arise. minutes when the day comes.

CJ: If you look at the statistics, there are cases that have gone CJ: That’s why the best part is your written submissions. past nine months. We monitor those cases, and we find out why it has gone beyond nine months. There are Yeo: But there are occasions when lawyers who appear feel cases which are impossible to clear within that deadline. that the judges have not read their written submissions; That is alright. Even though we set nine-months as the or perhaps only one judge has read it. deadline, there are cases in KL which go beyond the nine months. Not that many, hardly five per cent goes beyond CJ: These are things that we are trying to improve. I have the nine months. asked Tan Sri Raus to look into it, on how to improve it. I think the number of cases has also reduced. Yeo: Lawyers find that there are more problems with lower court judges in their exercise of discretion. Can a “review Yeo: Are there concrete ideas that are being considered, that procedure” be set up, where each State can have a High we may inform the Bar about? Court Judge whom lawyers can immediately turn to if they are unable to persuade lower court judges regarding CJ: The Court of Appeal has regular meetings among the an administrative decision, such as the fixing of trial date? judges, at least once a month. Judges raise their views. If there are too many cases, judges can always bring it CJ: What we can do, of course, is to explain to the lower up with the President. Judges should be free to express courts that they should not be too sticky. Perhaps the themselves. We have meetings involving Federal Court CJM can pass this message down. and Court of Appeal judges as well.

Yeo: We frequently find that one registrar may be sensible Yeo: If you have 24 Court of Appeal judges, and at any one and flexible, while another registrar at the same place time only 12 will sit, does that mean that the other half is totally sticky, although they both attended the same of them will use the time to write judgments? training or briefing. CJ: They alternate. One week for reading, the next week is CJ: It depends on individuals. That is the problem in any followed by hearing of appeals proper, then a free week. organisation. I have done the calculation; they end up doing only about six days of hearing per month. That is not overwork. Yeo: That is why we are wondering if there could be a system Sometimes they sit for only two or three hours in a day, of an assigned Judge at each State that lawyers can because cases get withdrawn or postponed. quickly turn to, to review administrative decisions made by lower court officers? It is akin to revision of a criminal Yeo: I know that in the United States, appellate court judges case, where the Judge can just call up the file. Lawyers sit at most one to two weeks in a month. They use the need quick review nowadays because each lawyer will rest of the time to write judgments and to keep up with have not just one but several cases that are moving very the law. fast at any one time. We need quick answers, because otherwise it is very difficult to manage our diaries. CJ: But our judges are not overworked.

CJ: Well, we can think about it, about how to implement it. Yeo: They are not? Well, we get the impression that they are, if we look at their day lists, and the limited time counsel Yeo: Tun, I turn to the appellate courts. The Court of Appeal are given to present their cases. has the most number of cases, because leave is required before a case can go up to the Federal Court. If the Court CJ: Well, from the day lists, I agree. But if properly organised, of Appeal becomes overloaded, that would affect the the day lists can be reduced. In fact, they should also fix quality of appellate court judgments. When judges have cases on Fridays, spread them out over five days; then you less time for each case, less time for writing judgments, will have more time for the cases. less time for reading and keeping up with the law because they are overloaded with work; would that not Yeo: Another matter which the Bar hopes to exchange views affect Tun’s vision of wanting to improve the quality of with the Bench is this. Many, especially junior lawyers, judgments? How would you go about tackling this issue? feel that in the appellate courts, someone with standing and stature will invariably be given leeway, especially with CJ: In fact, Tan Sri Raus is aware of this. We have received regard to time. For example, if a very senior counsel says, letters from the Bar, from the public as well, saying they “Please bear with me, I need another half an hour,” he were not given enough time to argue their cases. Tan will probably be given that half an hour. But if a junior Sri Raus is addressing this issue. I’ve spoken to him also. lawyer says, “May I have another half an hour, I’ll try to But at the same time, we have to strike a balance. If we be brief”, he would probably be given just another five give too much room, then we will create a backlog. That minutes. He will have less time to put forward his case. is a current problem. We have to fill up all the vacancies. It is felt that appellate court judges should allow more

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time, regardless of the seniority, stature or standing of Yeo: Nurturing young lawyers is important. Tun, is there the counsel. anything that you can inform the Bar about what you are going to do, that you have announced at the July Judges’ Could judges be constantly reminded that litigation Conference? should not be a competition between the skills of the respective counsel, but that its outcome should depend CJ: It was a very interesting conference. We had good on the strength or merits of a party’s case rather than the speakers. We had Emeritus Professor Datuk Dr Shad counsel’s skill and standing? Saleem Faruqi on Constitutional Interpretation, we had Professor Dame Hazel Genn from UK, who was a member CJ: But again, it is a human factor. When someone can of the JAC in England, and we had our AG addressing us speak eloquently and be persuasive, the Bench will be on security laws. It stimulated good discussions. That will taken in by him. It is difficult to stop a senior lawyer, you raise the standard of our judges. It is a kind of exposure. know, unless the Bench is prepared. Yeo: Tun, you mentioned specialised courts in the July Yeo: Often, judicial quality is spoken of in terms of integrity, Conference, such as the Environmental Court. What is independence, and calibre. One thing is frequently your idea of having an Environmental Court? overlooked, and that is the requirement of having a burning desire to do justice. Just as no two lawyers are CJ: Well, we have set up the Environmental Court in the same, no two judges are the same in terms of calibre. September this year. We are going to have the ASEAN But one who is, for example, less knowledgeable in the Chief Justices Roundtable Conference in Malacca in law can actually mete out better justice than another who December this year. This is sponsored by the Asian is more learned, because the former possesses a deep Development Bank. They are very passionate about desire to do justice. Would you agree, Tun? the environment. Other countries, Thailand, Indonesia, Philippines, they have got their specialised courts. Even CJ: I’m sure judges would like to do justice. We want to do India now has its Environmental Tribunal. It is one way justice. But again, the way you present your case would to make people more conscious of the environment, by influence the court. It’s difficult. A litigant who does having these specialised courts. And cases move faster in not have a good lawyer will always be at a disadvantage. these courts. There’s nothing we can do. Sometimes, we do try to encourage junior lawyers. We do not want them to feel Yeo: What sort of cases do you envisage for this court? The discouraged. Lynas case for instance?

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CJ: Lynas is a different kind of case. It is not a breach of Yeo: Tun, more worrying than the increase in the monetary environmental law as such. limit of jurisdiction of the lower courts is empowering them to grant injunctions. Irreparable harm might have Yeo: But it’s about alleged pollution also. already been done even if an injunction eg an Anton Piller is later set aside. CJ: It’s about pollution, but there is no pollution as yet. It is more on the planning aspect, whether it should be CJ: Injunctions must relate to monetary reliefs. And the limit approved. That is more of a civil case, not a quasi- is RM1 million. criminal case. Environmental cases here are more like illegal poaching, and illegal logging. These we are Yeo: That limit still represents a lot of money. going to address. For example, do you know how much pangolin meat costs? About RM500 a kilo. They sell it to CJ: Anton Pillers usually involve larger amounts. Let us wait China. One pangolin can fetch about RM2,000. A tiger and see. can fetch RM200,000.00. All you have to do is kill the tiger. You don’t even need to transport it. Just leave it Yeo: It will help to some extent if there is an immediate revision there, just call, and they will come and do the rest. procedure by the High Court eg when a Sessions Judge gives a ridiculous injunctive order. Yeo: So it will be more of a criminal court? CJ: You can appeal straight away. CJ: Yes, it’s more a criminal court. There is a lot of illegal poaching, illegal logging, illegal sand mining, pollution, Yeo: That will be too late. The harm may have been done long open burning, and all that. before the appeal is heard.

Yeo: Talking about criminal courts, my next question is about CJ: We have a fast track way for that in KL. If it is really sentencing in criminal cases. In many jurisdictions they urgent, the appeal can be heard on the same day. have either sentencing guidelines or a sentencing council, or both, to ensure that a person’s sentence does not Yeo: Does that mean that, if it is urgent, an appellant need depend on his luck (or misfortune) of which Magistrate not file the papers yet, but can have his appeal heard or Judge he appears before. We do have a number of immediately by the High Court? reports of disparity in sentencing. Does Tun plan to have a sentencing council? CJ: Yes, if that is necessary, we will do that.

CJ: In fact, we have already started trying to standardise Yeo: Can all High Court Judges be told about this, to ask them sentences. But first we have to collect statistics from to entertain and grant immediate hearing of an appeal in the States, and from the various courts. Then we try to urgent cases, even without the usual papers? see if there is any inconsistency, then we come up with guidelines. CJ: We can do that. In fact, we have already told them that there will be fast-track for appeals from the lower courts Yeo: Have the guidelines been finalised? to the High Court. In KL it will be to the judges in the appellate division. In the States it can be to the senior- CJ: Not yet. It’s in the process. most judge. We will tackle it as we go along.

Yeo: What about overseeing implementation, after the Yeo: Tun, I turn to the issue of costs. In the appellate courts guidelines have been laid down? What about the idea the practice now is to fix the quantum of costs when a of a sentencing council? Is that something that is being decision is delivered. We understand that this is to save considered? time by avoiding the taxation procedure. But the costs given are invariably too low. Frequently only RM10,000 CJ: I’ve not looked into that. If the Bar puts up a small paper to RM20,000 is awarded. This is usually disproportionate on it, we will consider it. We always welcome any new to the work put in and the many hours spent to prepare ideas to improve the Judiciary. for an appeal, even though the hearing itself might only take an hour. When cases move faster, and judges strive Yeo: The increased jurisdiction of the subordinate courts to be more efficient, you need good appellate lawyers worries lawyers quite a bit. Litigation lawyers know too. Awarding low costs do not encourage or attract the significant difference between the High Court and good lawyers. On the contrary, it encourages more subordinate courts. High Court judges are of higher appeals, because appellants have little or nothing to calibre. lose when costs are so low. Many appellants with weak grounds will just try their luck. On the other hand, for CJ: You have to look at it this way. Now we have the cases where there are reasonable grounds for appeal, Combined Rules. Combined Rules are one of the ideas the Court still has discretion to award lower costs even to improve the lower courts. Previously they had separate though the appellant does not succeed. rules. Now, one set of rules applies to all. The High Court will be using the same rules. That is one way of improving CJ: If it is regarding the Court of Appeal, the best thing is for the quality of the lower courts. Another is training. We the Bar to present a memorandum to the President and have been providing training to the subordinate courts, to me, on how best to approach the issue of costs, and on the new jurisdiction eg on injunctions. We have suggest guidelines for the determination of quantum. started. We will certainly consider the Bar’s views.

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Judges should not be shouting, because it gives the public a very bad impression.

I went to Canada. Their Court of Appeal is so informal. They just wear jackets. They don’t wear gowns, they are not robed. The Bench is only slightly elevated. The lawyers can move around. They are very polite to one another.

In England, I witnessed the Bench delivering a judgment. After reading the draft judgment, the judge asked, “Have I missed out anything?” Then the lawyer responded by asking whether the judge could discuss a case as precedent. The judge then agreed to include that in his judgment.

Yeo: Tun, is it time for us to discard the gown?

CJ: The gown is not too bad.

Yeo: Tun, have you visited family courts in some jurisdictions, or the Drugs Court in the United States? They are very informal as well. Yeo: I will inform the President of the Bar to do that. CJ: No, not yet. Tun, are there issues or matters that you would like to communicate to the Bar, matters that I have not covered? Yeo: Tun, if you go to the United States, I highly recommend that you visit the Drug Court. I found it very impressive – CJ: The Bar should also improve on their side. It is easier the way they approach the problems of drug addicts and for judges to decide when a case is well argued on both rehabilitation. Of course not all cases of rehabilitation are sides. When the submissions on one side is poor, it successful, but accounts of the successful ones are very becomes difficult. moving.

Another thing, I’m just thinking aloud, looking at other CJ: When we visited Kentucky, we walked into a court, jurisdictions like Singapore and England, maybe we and we saw a judge sitting alone on the Bench. He should start a system of Senior Counsel. It may be good said, “Come, come in! You must be the visitors from for the lawyers and also for the public. Malaysia!” Nobody else was around. So we asked what the judge was doing there alone. The judge said: “I am Yeo: I think this idea will not have support from Members of waiting for them!” Then the lawyers came in and said, the Bar. “I’m sorry I’m a bit late, I was caught in traffic”. So informal. CJ: One more thing. When criticising Court judgments or decisions, lawyers should do it in a polite and respectful Yeo: I think respect comes to one when one is task-oriented, manner. After all, I expect judges to address the Bar and performs one’s responsibilities well. with respect and dignity. We have to maintain that, as professionals. CJ: You must also remember that Kentucky judges are elected. Yeo: I’m glad that Tun sees respect as a two-way thing. Yeo: Tun, thank you very much for this interview. We wish CJ: Yes, we must also treat lawyers with respect. I don’t you all the best, and we hope that you will leaveathe want judges to throw files at lawyers, or be rude to them. judiciary behind in a better state than you found it. The It pays to be polite. Previously we had judges who were Bar will always give its full cooperation. We hope to so rude in open court. It was so embarrassing. I won’t continue working closely with the Bench. mention names. Before the lawyer could even stand up, the judge said, “You have no case! I’m telling you, you CJ: Thank you very much. have no case!” That’s pre-judging. That’s not right.

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The Stench of Criminal Justice by Ooi Keng Liang

The two things I quickly learned as a itself must invite some comments. In drug criminal defense lawyer are that you need trafficking cases, all the drugs, usually of to have an unapologetic passion for justice a wonderful and colourful assortment, and a nostril made of iron. are being hauled right onto the bar table for all to see; either cooked or As for the former, there is little need raw. Sometimes it’s semi-cooked if the for further write-up in view of the vast police decided to raid in the middle of a collection of case laws cast in the stone of happy cookout. Behind closed doors, the judicial determinations which showcases nausea-inducing stench rising from the how far lawyers have gone to defend the drugs circulates in the still courtroom air innocence of the prisoner. The latter will with little hope of escape. By the end of a be expounded for the benefit of those three-day trial, there is little wonder why who are too eager to dive head first into the judge, lawyers and DPPs all look pretty the area of criminal defense after watching excited. back-to-back series of courtroom drama on night television. Then there is the smell of murder. Words fail to describe the stench of a piece of The first thing you are greeted with upon blood-soaked clothing of a murder victim. entering a criminal court, lock-up, remand No one can imagine the combined trace- room or prison is the overwhelming layers smell of sweat, blood and tears and of stench rising from prisoners. Never perhaps urine and excretion that comes mind the ‘dirty’ things they are accused of by as a by-product of utter fear of a victim to earn them a place in the cell, it seems about to be murdered. like they have to have a matching odour to boot. However, before one is too quick And oh, it’s a different level of stench to judge, their predicament is not hard to altogether in situations where drugs fathom. Personal hygiene may not be at are recovered in tubes of condoms the top of the priority list of a prisoner. removed from the bowels of a Who needs to brush their teeth if they prisoner who was compelled to are about to be hung pretty soon? Shiny excrete by the force of laxatives. white teeth ain’t exactly going to soften Those dried up, soiled condoms the Hangman’s heart. Who will fancy a are almost always produced in bubble bath before whipping? I was once court for inspection and the in a remand room filled with 45 suspects arising aroma is not exactly and the air-con was out. I thought I was similar to that of a bakery. in Hades. The fact is, no one is slow According to consultation papers, basic to admit that criminal amenities are lacking in the cells--although defense is an ugly business. we don’t need no consultation paper However, we now stand to know that. When water pressure at the opening of a new is low, waste does not go down with chapter for criminal justice one flush. Isn’t it a merry day when the (I’m not talking about the prisoners have to eat and sleep in the incredible and legendary extremely close vicinity of the toilet bowl CPC amendments regarding where human excretion is seen afloat? case managements and pre- Apparently, human rights and prisoners trial mash). It is the death of don’t mix. the death penalty.

Apart from the reeking prisoners, the It is high time that society mesmerising odour of the courtroom realises that the sanctity of a

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human life cannot be tabled, discussed drug trafficker?’ I have been asked this and negotiated on the meeting table sort of questions so many times that if I of Parliament. At least to me, it is a get a dollar for every time I am asked, I can tragic illusion that we can defend life retire even before my first year in criminal by taking life. In my opinion, nothing defense. stinks more than the premeditated and systematic killing of another man by the But before I retire, I have found the time State regardless of what he had done. (between preparing submissions that never The recent review on the mandatory gets read and devising what can constitute death penalty in drug cases, although ‘special circumstances’ these days for a stay

The fact is, no one is slow to admit that criminal defense is an ugly business.

considered late by those who had died application) to formulate the answer once on the hangman’s noose, is a gust of and for all. I do not put rapists, murderers fragrance into the life of our criminal and drug traffickers back on the streets. justice system. My job is to make sure that the accuser does the job he is sworn to do, that is to On a lesser note, my job as a criminal prove beyond reasonable doubt that my defense lawyer involves having to answer client is guilty of the crime before his life the question; ‘Hey jerk, how do you find it is taken away. in your heart to defend a murderer, rapist,

Praxis JAN-MAR 2013 19 Features/Articles

Continuing Professional Development – Creating a Competitive Edge for Malaysian Lawyers

by Santhi Latha and photo by Mohamed Fazli

In Malaysia, the prevailing perception will not provide a curriculum as Members raising the bar (pun intended). The of a lawyer’s continuing professional should customise their education and legal profession is no exception as it is development (“CPD”) is that it is have a more active role in deciding what entrusted to uphold the rule of law, and adequately obtained from hands-on to learn. Members can attend any seminar the rights and liberties of individuals experience in the course of daily work. or talk, as long as they are able to justify and corporations, government and non- to Bar Council that the programme is for government organisations. By implementing a platform for continuing their immediate and long-term educational professional development, the Bar Council development”. With a formalised platform for professional has created a variety of opportunities for its development, Members of the Bar now Members to grow and to arm themselves Both locally and internationally, it has have an opportunity to participate in a to meet the demands of a globalising become the norm in certain professions more structured learning environment. legal profession. Continuing professional to require its members to participate The value of such learning will provide development is simply about keeping the in continuing professional education, Members with mechanisms by which doors open to professional growth and whether it takes the form of formal they can enhance their professional development by actively participating in training or informal learning that is related credibility and develop their knowledge learning opportunities that are relevant to to the profession. It is now recognised in and expertise in specific practice areas. the individual lawyer in his or her specific most professions that this allows members The benefits of this are then transferred practice areas or industry. of a profession to increase and maintain discretely to clients and employers, and better levels of professional competence, ultimately create a win-win situation for The challenge to bring Malaysian amongst other benefits. all parties. lawyers on par (if not better than) with their regional counterparts is no easy This becomes especially important when In order to keep CPD as reasonable and feat. According to HR Dipendra, the it is recognised that Members of the Bar achievable as possible, it was resolved in Chairperson of the Professional Standards provide a service to the community and the Annual General Meeting of 10 Mar and Development Committee (“PSDC”), that the development and application of 2012 that Members would be required to “Pushing for a mandatory Continuing laws and legal principles in Malaysia often attain a total of 16 CPD Points over a 24- Professional Development Scheme is of hinge on the input and contributions that month cycle. The first cycle commenced course the first step, and to ensure that Members of the Bar make to that specific on 1 July 2012 and will be completed on the implementation of the CPD Scheme area of law. 30 June 2014. is holistic and comprehensive is critical. It requires drawing a balance between Will CPD really add value to individual So what does this mean for Members? suitable and strategic learning processes practitioners? and Members’ busy schedules”. In order to support this endeavour, the At the end of the day it is about mindset CPD Department was set up in October He added, “Given that the demands and trust. There are many Members 2012 and Santhi Latha appointed as its of globalisation mean acquiring new of the Bar, who, over the years, have Director. While the CPD Scheme is self- knowledge and skills, a mandatory CPD unstintingly contributed their time and regulating, verbal and written feedback Scheme will go a long way in supporting energy to learning and growth of fellow from lawyers has suggested that they Members to meet this objective”. practitioners. These individuals recognise often have difficulty determining whether that part of the process of professional a specific activity can garner CPD Points, Raphael Tay, Deputy Chairperson of the development and personal growth comes and are usually too busy to be involved in Professional Standards and Development with learning something new, or viewing tracking their own CPD Points. Committee commented, “The criteria for something old in a new perspective. accreditation of CPD activities will be in The CPD Department is developing a line with the broad and flexible individual Be it for architects, engineers, doctors, platform that allows it to track all training needs-based approach. The Bar Council accountants, or lawyers, CPD is about activities conducted by Bar Council or

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“In addition to paid events, the Bar Council and selected State Bars are now organising free training events for the benefit of Members. The Bar Council, specifically, is targeting to organise a free two-hour seminar each month and “CPD Weekends” (Saturdays and/or Sundays) that will allow Members to attend specialised training sessions in selected practice areas at least once each month. The CPD Weekends will be conducted to cater to the varied levels of expertise and experience of Members in the different practice areas, as well as emphasise different areas of the law for specialist lawyers”, said HR Dipendra.

The CPD Department also grants accreditation to commercial course providers (private training companies) that are interested in offering paid training to its Members. The criteria for accreditation include the general area, the topic, the speaker(s), the duration of the training event as well as the objectives that are to be achieved. As a general rule, training events of this nature are assigned one CPD State Bars – Members are therefore not to accumulate CPD Points. However, point per hour of face-to-face training. burdened with the task of tracking these Members will need to check with the CPD themselves. Department which will determine whether The most innovative initiative that is in to accredit the specific event or activity, the pipeline is the setting up of online “The CPD Department”, as HR Dipendra and determine the number of CPD Points training exclusively for Members. The CPD envisages, “is meant to not only organise to be allocated. Amongst such activities Department is working with independent training activities but also to foresee the are authoring, being a speaker at public vendors to do this, having weighed this nature of professional development that events or in-house training, attendance at against the large financial implications lawyers will require in the future and to non-State and non-Bar Council training of setting up an internal online training ensure that Members are armed with such events and activities, lecturing at private platform. skills prior to the demand being created”. or public institutions of higher education, What is critical is that courses will be completion of academic courses at both Targeted to launch in February 2013, organised to cater for the very junior undergraduate and postgraduate levels, these platforms will provide Members lawyer as well as for the lawyer who etc. In order to simplify this process, with access to paid one-hour training has been in practice “for a while now”. Members are advised to write to cpd@ sessions on a variety of practice areas. Examples of this include the Strategic malaysianbar.org.my to confirm whether Available in both audio and video formats, Litigation Workshops jointly organised the specific activity warrants accreditation Members will have access to both online by the Kuala Lumpur Young Lawyers and the assignment of CPD Points. and downloadable training platforms. Committee and the Malaysian Centre The objective is to provide the opportunity for Constitutionalism and Human Rights So what training platforms has the Bar to purchase these training tools so that (“MCCHR”) which intended to bring Council created for Members? Members who are unable to attend face- human rights and constitutional issues to-face training sessions due to constraints into the mainstream. There are also the Several avenues for acquiring CPD Points in time or geography, will still have access Advocacy Training Courses that are aimed through training have been made available to training. Each activity will be assigned at improving the quality of advocacy for and new platforms are being developed. a total of 15 multiple-choice questions junior lawyers. It has become common The most common of these is where the that are inserted intermittently in the practice for “non-litigation” lawyers to State Bars and the Bar Council organise video or audio. Members will be required attend the Advocacy Training Course talks, seminars and workshops for to answer these and upon passing the simply to learn and improve their lawyering Members. From July to December 2012, session, one CPD Point will be assigned for skills. the Bar Council and State Bars conducted each hour of training completed. some 84 training courses nationwide, There are also non-State Bar and non- ranging from two-hour workshops to full Bar Council events that allow Members day seminars.

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Currently no limits have been imposed allow Members to register for face-to-face internationally recognised postgraduate on the number of CPD Points that can training events online. This will provide education, which will not only enhance be earned using this platform. This is a simpler platform for Members to opt knowledge and expertise in specific legal specifically in order to cater to Members into training based on areas of interest, areas, but also provide Members with who are unable to physically attend location of the training courses as well as academic qualifications that will enhance training sessions. The CPD Department other factors. both personal and professional growth. is also working to ensure that the number of video and audio recordings In addition, the microsite will provide the In addition, the CPD Department will be increased over time and allow the links that will allow Members to connect recognises the importance of acquiring development of a robust Digital Training with the online training platforms. The good legal language and communication Library for Members of the Bar. microsite will also provide Members with skills. HR Dipendra highlighted that an avenue to provide feedback to the CPD “Improved levels of the English Language The CPD Department expects to launch Department through its Talk2Us point of and Bahasa Malaysia will enhance the these platforms on a trial basis for six contact. Ultimately the microsite is geared quality of service that Members offer their months in order to fine-tune the different toward the provision of information about clients. In this regard, the CPD Department systems and to provide Members will a the CPD Scheme, the Guidelines and is currently working to develop an online feel for what is available. At the end of the training courses, and to ensure that and face-to-face training platform for legal the trial period, and based on Members’ Members are able to interact directly with English with an established international feedback, the CPD Department will the CPD team. organisation and hopes to launch this by evaluate which platform(s) best serves the the second quarter of 2013. Members interest of its Members and implement Once fully implemented, the microsite may then opt to enrol in such a course these more comprehensively. will also provide Members will access to and develop their legal language skills. an “opt-in” newsletter which will provide Depending on the success of this, the CPD In addition to the paid training available, updates about the training courses as well Department then expects to develop an the CPD Department will endeavour to as developments within the CPD Scheme. equivalent training structure for Bahasa provide Members with access to free Members will be encouraged to provide Malaysia by the end of 2013 and will work training via these platforms. This will feedback and ideas about how the CPD with professional language organisations allow Members who do not have access Department can better serve the needs of locally for this purpose.” to face-to-face training at the Bar Council members. for instance, with the opportunity to Are there members who are exempt access specific training areas that they “While we are aware that Members are from the CPD Scheme? are interested in. However such training often inundated with information from will not provide Members with CPD the Bar Council, we look at the CPD For 2012, the CPD Department wrote to Points at the present time, and are more website as an opportunity to reach out to 120 Members aged 75 years and above to geared towards encouraging Members Members on a specific aspect of their legal inform them that they would be eligible for to access to knowledge or expertise in a practice. We hope that Members will use exemption based on age. The Members specific practice area of their interest for this as a platform to be heard and to clarify are required to make a formal application knowledge’s sake. The goal is to ensure matters with us so that we can move for exemption and once this is processed, that Members will have access to training ahead in providing them with the support the Members will be exempt from the CPD opportunities in the different practice and assistance they need”, explained H R Scheme for life. areas, anywhere, anytime. Dipendra. Another category of Members who are Reaching out to Members via the CPD Postgraduate qualifications, anyone? eligible for exemption is Members who website have been in continuous legal practice The CPD Department is exploring for 30 years or more. To-date the CPD The CPD Department will launch its own working with both local and international Department has received 12 applications micro website, linked to the Bar Council universities for the purpose of providing for exemption under this category and website, by the end of January 2013. This Members with the opportunity to pursue exemptions have been granted for 11 of site will focus on providing Members (and postgraduate education, specifically those who applied. Members who have non-Members) with access to information in law. The objective is to provide clocked 30 years or more of continuous about the training calendar and will also Members with affordable, structured and practice are encouraged to apply for

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exemption. To do so, please email cpd@ their knowledge and skill base. This is In Malaysia currently, there are several malaysianbar.org.my or fax inquiries to particularly important for Members who professionals that have made Continuing +603-2050-2112. want to be professionally competitive. Professional Development or Education Continued exposure to training will allow compulsory. The CPD Scheme: Boon or Bane? Members to enhance and develop not just their knowledge base, but also their The way forward According to Raphael Tay, “Internationally, confidence in dealing with a wider range a large number of major legal jurisdictions, of practice areas. It will ultimately provide By way of the CPD Resolution of 10 March such as Australia, Hong Kong, Ireland, a platform to showcase achievements, 2012, the Malaysian Bar has made a Netherlands, Philippines, Singapore, South and firms that seek to be armed to face commitment to take a huge step forward. Africa, the United Kingdom and the United the liberalisation of the legal profession in States, have mandatory CPD programmes 2013 must be cognisant that knowledge By the recognition that continuing for their lawyers. Surprisingly, the legal and skills are the key. Within legal firms, professional development is geared profession does not have a mandatory use of knowledge acquired at such training towards the professional development of CPD programme and the Malaysian Bar is can influence the growth of the firm in every Member of the Malaysian Bar, as a genuinely concerned that its Members will other practice areas as well as impact on professional organisation, we have made be left behind globally”. performance appraisals of the legal team. history that will reverberate amongst our future brethren. The inception of this Scheme in Malaysia While there are some firms that conduct is not about the Bar Council seeking to in-house legal training (which is eligible The road ahead for the CPD Department burden Members. The Bar Council’s for CPD Points), smaller firms and sole includes further fine-tuning of what is objective is to provide a platform for proprietorships may be hard-pressed to offered to Members that will allow them Members to achieve minimum amounts of provide this kind of support internally. to attain CPD Points, and to develop training in a vast range of areas, for their Having access to nominally priced training a robust structure that supports this own benefit and in order to enhance and courses offered by the State Bars and endeavour. The CPD Scheme must be develop skill sets and opportunities, both Bar Council mean that the firms can constantly reviewed to ensure that it in the local and international arenas. opt to require their staff to attend such meets the very objective of why it was training, and more importantly to use the implemented in the first place. The It must be recognised that the adoption knowledge acquired for the purposes of emphasis, according to HR Dipendra, has of the CPD Scheme is about a change in practice. In order to achieve this, ideally always been “professional development” mindset. “It is about the willingness to the management of the law firm should and this will remain its guiding principle. learn, anytime and all the time, whether develop specific, measurable, achievable, The CPD Scheme must at all times satisfy it is for commercial gain or not. It is also realistic training and development goals the criteria of professionally developing its important to appreciate the message for every Member of the legal team, Members. that will be sent to the next generation and where this cannot be achieved of lawyers, and it must be leadership by internally, the law firms should explore In order to achieve this with the greatest example’, said HR Dipendra. external options. In this regard, the CPD impact, the CPD Department is open to Department encourages Members and feedback and advice from Members, who On an international platform and in firms to liaise directly with them in order may contact the CPD team directly. an ever-widening array of professional to highlight areas where training should industries, continuing education or training be provided. All communications in this Santhi Latha, Director: +603-2050-2031 or development have become the norm, regard can be sent to cpd@malaysianbar. or email [email protected] and in certain instances, membership org.my. within the organisation or licenses to Vilashini Vijayan, Officer: +603-2050- continue to operate professionally are Law firms are also more likely to retain 2095 or email [email protected] subject to the attainment of fixed amounts staff in whom such training investments of continuing professional development are made as this provides motivation to Yap Yoong Jian, Officer: +603-2050-2015 over a specific timeframe. the lawyers that the firm is committed to or email [email protected] their professional growth and ultimately The perspective is that members should can impact positively on the image and Mohamed Fazli, Administrative Assistant: be provided with a platform to upgrade branding of the legal firms. +603-2050-2105 or email fazli@ malaysianbar.org.my

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Speech by Lim Chee Wee, President of the Malaysian Bar – Opening of the Legal Year 2013 Palace of Justice, Putrajaya (12 Jan 2013)

Yang Amat Arif Tun Arifin Zakaria, Ketua Hakim Negara; that I am, at that OLY I foreshadowed instead, in my concluding “pantun”, collaboration between the stakeholders to improve the Yang Amat Arif Tan Sri Dato’ Seri Md Raus Sharif, Presiden administration of justice, in the words “bantu-membantu sesama Mahkamah Rayuan; kita, agar usaha bertambah mutu”. Yang Amat Arif Tan Sri Dato’ Seri Zulkefli Ahmad Makinudin, Hakim Besar Malaya; It has come to pass that my optimism was not unfounded. Yang Amat Arif Tan Sri Datuk Seri Panglima Richard Malanjum, It would be fair to say that whilst not all events of the past year Hakim Besar Sabah dan Sarawak; were “kumbayah” moments, nonetheless, the Bench, the Bar Hakim-hakim dan Pesuruhjaya-Pesuruhjaya Kehakiman; dan and the AGC had a relatively successful journey in 2012, as we travelled together on a road paved with the flagstones of Peguam Negara Malaysia. cooperation and lined with good intentions. We had to sidestep Yang Amat Arif, saya dengan rendah diri memohon izin — but occasionally tumbled into — potholes of disagreement, but meneruskan ucapan saya dalam Bahasa Inggeris. we always kept our eye on the destination: an effective system of administration of justice, and free and equal access to justice. Ambassadors and High Commissioners; And, I would like to take this opportunity to acknowledge the On this occasion, as all three stakeholders in the administration of presence of our foreign guests: justice take stock of the past year and lay out their respective plans for 2013, the Bar’s New Year wish is that our system of justice Justice Chao Hick Tin, Judge of Appeal, Singapore; strives not only to dispense justice but to do so with excellence, Associate Justice Robert J Torres, Supreme Court of Guam; fairness and compassion.

Ms Malathi Das, President, Law Association for Asia and the B. An Independent and Strong Bar Pacific (LAWASIA); Mr Lok Vi Ming, President, Law Society of Singapore; A pillar of any excellent justice system must be an independent and strong Bar, such as ours, which possesses these four Mr Joseph Catanzariti, President, Law Council of Australia; characteristics: Mr Stephen Hung, Vice President, Law Society of Hong Kong; and (a) A strong voice both within and outside the courtroom, Puan Sharifah Safinatul Najah bte Mali Hj Abdul, Treasurer, Brunei speaking on behalf of the weak and vulnerable; Law Society. (b) Courage to criticise and condemn any abuse of power by the authorities and enforcement agencies; My Lords and My Ladies, (c) Nevertheless retains the ability to work hand-in-hand with the Bench (as well as the Legislature and Executive) to strengthen I am privileged to speak not only for the Malaysian Bar but also on the rule of law and promote Malaysia as an investment and behalf of the Advocates’ Association of Sarawak and the Sabah dispute resolution centre; and Law Association, who are represented here today by the presence (d) Strives to improve and increase the knowledge, skills and of their respective Presidents, Khairil Azmi Mohd Hasbie and GBB ethics of its members. Nandy @ Gaanesh. Today I wish to highlight seven examples that reflect these A. In Pursuit of an Excellent Justice System in Malaysia characteristics.

At last year’s Opening of Legal Year (“OLY”), the Honourable (1) Public Recognition of the Role of the Malaysian Bar Attorney General made an ominous prophecy that “the Attorney General’s Chambers fully expects 2012 to be paved with 2012 was a momentous year for the Malaysian Bar because of cobblestones and lined with tripwires”. Being the eternal optimist the public recognition, domestically and internationally, of our important, if not pivotal, role in the administration of justice.

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It was perhaps no coincidence that it was at the International constitutional entitlement is being fulfilled through one of the Malaysia Law Conference (“IMLC”), which was held from 26 most successful public-private partnerships in Malaysia, the to 28 September 2012 in Kuala Lumpur, and organised by the Yayasan Bantuan Guaman Kebangsaan (“YBGK”, or National Malaysian Bar, that The Right Honourable Prime Minister and Legal Aid Foundation). The Foundation is the institution that The Right Honourable Chief Justice described the Bar as “an guarantees access to justice by way of delivery of legal services important partner” and “an equal partner” in the administration to all Malaysians entangled in the criminal justice system. It is of justice, respectively. an institution that the Prime Minister unhesitatingly agreed to establish and to fund (including making provision for payment of These encouraging words were uttered by the Prime Minister legal fees). The Attorney General generously provides leadership not too long after various politicians had been vociferous in their in chairing the Foundation, and all three Bars responsibly provide criticisms of the Bar (including making threats of establishing an their lawyers to assist Malaysians who require legal representation alternative law society in, for example, the form of an Academy of during arrest, detention, remand, bail, trial (if the accused’s yearly Law). These criticisms were in reaction to the Bar’s condemnation income does not exceed RM36,000) or appeal. of police brutality during the BERSIH 3.0 public assembly in April 2012. The Prime Minister’s message perhaps signalled a change I will defer to the Attorney General as Chairman of the Foundation of mind in how the Government views the Bar. In this context, to reveal the facts and figures of the scheme, which is a success the Prime Minister’s words gave great reassurance, for which to date. reason I now quote them: We expect that with the imminent increase in legal fees, there The Malaysian Bar is an important partner in the rule of law will be a substantial increase in the number of lawyers providing and the administration of justice. When it speaks, we listen. legal services for YBGK, helped in no small way by the Prime We may not always agree with the views emanating from Minister’s increased YBGK allocation, to RM20 million for 2013. the Malaysian Bar, or even some of the activities that they The change in the Government’s mindset, ie that the provision of undertake, but we hear what they say and observe what they free legal representation in the criminal justice system is a public do with interest. We may make the occasional joke about service, and not an obligation of the private sector alone, is a very lawyers, but they nonetheless have a unique and important positive step. role to play in our country. For those who do not come within the YBGK scheme, The Malaysian Bar was recognised by the United Nations [of either because they are not Malaysians or are involved in civil Malaysia], when the latter conferred the UN Organisation of the proceedings, the Bar Council’s 16 Legal Aid Centres, with at Year 2012 Award to the Bar, presented on the occasion of UN Day, least one centre in each state, stand ready to provide its services observed on 24 October annually. This Award, initiated under through volunteer lawyers who assisted 21,380 clients in 2012. the UN Resident Coordinator System, recognises the outstanding We are one of the few law associations in the world that runs a contributions of organisations in the country on issues of human widespread legal aid scheme, funded solely by a levy imposed on rights (in particular, the promotion and protection of human all Members of the Bar. rights embodied in the Universal Declaration of Human Rights and other UN human rights conventions and instruments), social In recent years, the Bar has given special attention to a special justice and equality. group of Malaysians, the Orang Asli. They have endured dispossession, marginalisation and discrimination in preserving If I may shamelessly quote from the UN Citation for the Malaysian and developing their continued existence as indigenous peoples Bar for the award, describing the role of the Malaysian Bar: in accordance with their own cultural practices, social institutions and legal systems. We have provided legal representation, Throughout its 66-year existence, the Malaysian Bar has through 20 lawyers, in 11 cases representing 20 Orang Asli. The admirably fulfilled its role as guardian of the rule of law, and Bar gratefully acknowledges the substantial financial assistance of defender of human rights and the public interest, in Malaysia. the German Government in these legal proceedings. The Malaysian public has come to know it and look towards it for guidance on what the law is, what the law should be, and With legal representation to this extent freely and widely provided what the law must never be. . . . The Malaysian Bar has been throughout Malaysia, the rule of law, in particular access to exemplary in discharging its responsibilities. In particular, the justice, is indeed strengthened and promoted in Malaysia. Malaysian Bar has shown unfailing commitment in standing up, and unwavering zeal in speaking out, against abuse of power by those in authority.

These expressions of recognition encourage the Bar to continue with its good work.

(2) Access to Justice

Article 5(3) of the Federal Constitution provides that every person arrested is entitled to legal representation. This

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(3) Mandatory Continuing Professional Development ethical standards of the Bar. The year 2012 saw 953 complaints registered, six suspension orders issued and 15 Members struck I am pleased to announce that the Members of the Bar have come off the Roll, compared to the previous year, 2011, which had round to recognising the importance of continuous learning. 1,083 complaints, four suspension orders and 24 Members struck After a number of failed attempts in the past, we finally adopted off. While these figures perhaps reflect progress towards a more a resolution at our last Annual General Meeting to implement ethical profession, there is no room for complacency, and the Bar a mandatory Continuing Professional Development (“CPD”) for Council will continue to focus on ethics in its CPD courses. our Members. On behalf of the Bar, we thank Tan Sri Khalid bin Ahmad, the In 2012, we conducted 110 courses with a total number of Chairman of DB who is stepping down in February this year, for 7,146 registered attendees. The most successful and important his almost nine selfless years of service leading the DB, and a total programme is our series of two-day Advocacy Training Courses, of thirteen years as a Board member. It would not be wrong of with the participation of judges as trainers, and the use of me to say that Tan Sri Khalid was instrumental in clearing the courtroom facilities. The Bar thanks Justices Mah Weng Kwai, backlog of cases at DB. David Wong, Mary Lim, Lee Swee Seng and Vazeer Alam for sacrificing their weekends to train our Members. Last year, there (7) Conferences — International Malaysia Law Conference were 80 active trainers providing guidance, and 239 lawyers and IBA’s 3rd Asia Pacific Regional Forum Conference benefited from the nine courses conducted in five cities. The Bar expresses its gratitude to the Chief Justice for encouraging Judges Last year, the Malaysian Bar promoted Malaysia as an investment to be trainers, and for the use of the courtroom facilities. and dispute resolution destination at two international conferences: the Bar’s signature biennial conference, which These CPD activities should translate into better advocacy in the was revamped as the premier IMLC, and the International Bar courtroom and better legal advice in the boardroom. Association’s 3rd Asia Pacific Regional Forum Conference.

(4) State of Legal Education in Malaysia The IMLC in September 2012 was a resounding success (with 589 registered delegates, who were inspired by 48 local and One area that requires a lot of work is in our legal education foreign speakers and moderators, including leaders of society) system, and this assessment is based on feedback from the and boasted several firsts: the first international law conference Bar Council’s survey of employability of new law graduates, organised entirely by the Bar; the first Fundamental Freedoms examiners of the Certificate of Legal Practice examination papers, Fringe Fest; the first Bar conference the Prime Minister spoke at; and evaluators for the law schools of Universiti Utara Malaysia, and the first Bar conference Tun Arifin bin Zakaria spoke at as Multimedia University and Universiti Sultan Zainal Abidin. Chief Justice.

The problems revealed by the feedback include lack of proficiency C. A World-Class Judiciary in English, poor communications skills and poor legal knowledge. Whilst the top local lawyers are as good as, if not better than, I now turn to the relationship between the Bar and the Bench. those elsewhere in the region, the Bar is concerned with the At last year’s OLY, the Chief Justice declared the Judiciary’s standard of the average lawyer, which is largely dependent on commitment to the rule of law and the independence of the the capability of the graduates from local and foreign institutions. Judiciary, and the objective of transforming the Judiciary into a world-class Judiciary. The Attorney General and I have agreed to setting up a high- level task force comprising representatives from the various The Bar supports these declarations and aspiration whole- stakeholder groups to study and review the state of legal heartedly. education in Malaysia, and to recommend how to raise standards to a level of excellence. (1) Rule of Law and Independence of the Judiciary

(5) Foreign Lawyers The Judiciary’s commitment is reflected in a few significant court decisions: abuse of power by the Executive was condemned, The Bar Council, working with the Selection Committee to be and the victims promptly awarded damages;1 legislation that co-chaired by the Attorney General, hopes to issue licences to unreasonably restricted the exercise of the right of a university foreign lawyers and law firms to practise foreign law in Malaysia student to express support for, or opposition against, a political this year. This will hopefully retain local talent, bring back foreign party was struck down for being unconstitutional;2 Opposition law work presently being done abroad, and enhance the depth politicians successfully sued for defamation against newspapers of the legal profession. owned by the ruling party;3 and Orang Asli’s native land rights were recognised.4 These civil cases show that victims of abuse of (6) Ethical Standards in the Profession Executive power can hold the Executive accountable, unreasonable Parliamentary restrictions on constitutional freedoms will be The Bar Council, as the guardian of the profession (together with struck down, and Opposition politicians and minorities have equal the Advocates and Solicitors Disciplinary Board (“DB”) as the access to justice. disciplinarian of the profession), seeks to improve and promote the

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The obligation of the Prime Minister to uphold the independence (c) decisiveness, ability to make timely judgments and good of the Judiciary is mandated in section 2 of the Judicial legal writing skills; and Appointments Commission Act 2009 (“JAC Act”), which obliges (d) diversity of legal expertise and knowledge in the the Prime Minister “to uphold the continued independence Judiciary. of the Judiciary… [having regard] to the need to defend that independence, the need for the judiciary to have the support In terms of integrity, at last year’s OLY, the Chief Justice necessary to enable them to exercise their functions, the need reminded Judges and judicial officers not to expose for public interest to be properly represented in regard to matters themselves to corrupt practices and not to abuse their relating to the judiciary, the administration of justice and related position at any time. He also reminded lawyers not to make matters.” any wild and baseless accusations against Judges and judicial officers. I am afraid, however, that accusations are still being This statutory provision would be a pious platitude if it were not made. The Chief Justice’s widely-applauded announcement followed up with real action by the Government, which must that Judges will declare their assets to the Malaysian Anti- include, at minimum: Corruption Commission (“MACC”) should go some way to reduce the number and volume of accusations, as we trust (a) The Courts’ development budget, which has been managed that MACC will conduct an asset verification exercise to by the Legal Affairs Division of the Prime Minister’s confirm the accuracy of these asset declarations. Department since 2003, must be rightfully returned to the Judiciary to manage;5 and On the part of the Bar, we will approach and work with MACC whenever there is any serious hint of corruption (b) The remuneration scheme for members of the Judiciary involving a member of the Bar or the Bench. We hope to cannot be benchmarked to that of the civil service, for the at least address one serious hint soon, and we acknowledge Judiciary is separate from the Executive. The Honourable the MACC’s cooperation with us on this matter. The Bar Minister in charge of Law and Parliamentary Affairs, Dato’ pledges its support for the Chief Justice’s will to combat both Seri Mohamed Nazri bin Abdul Aziz has acknowledged that corruption, and the perception thereof. the main difficulty in attracting private practitioners to join the Bench is the lower salary of Judges compared to lawyers Regarding diversity of legal expertise and knowledge in the in private practice. This will change if the Judiciary has greater Judiciary, this would be enhanced if there were more private say over its remuneration scheme, which must be formulated practitioners on the Bench. This addition will boost the depth independently; only then will more top legal talent move to and breadth of commercial knowledge and experience in the Bench. Apart from basic salary and benefits, the issue our courtrooms, especially specialist courts such as the of pension deserves immediate revision, where the present Commercial Courts, the Admiralty Court and, if established, maximum pension qualification of 15 years of service the Construction Court. as a Judge should be reduced, given the current trend of appointment of judges who are in their 50s. I wish to take this opportunity to address a comment made by Dato’ Seri Mohamed Nazri bin Abdul Aziz in Parliament The greatest test of the Judiciary’s commitment to the rule of that Indian lawyers are not keen to become Judges because law is the resolution of the pending sensitive and extremely of better pay in private practice and restricted lifestyle on difficult cases involving issues of faith. Our courts, as the last the Bench. While this may be true of some lawyers, others frontier of conflict resolution, must always ensure that anyone, who are good and reputable lawyers are prepared to make and everyone, has access to justice — no matter how emotionally personal and financial sacrifices for “national service”. charged, politically laced, or tough the legal questions involved — and that our Judges uphold the rule of law, and not prioritise As permanent and regular users of the courts, and more personal beliefs instead. importantly as officers of the Court, the Bar has thorough knowledge of which Judges satisfy — or don’t — the (2) Transformation into a World-Class Judiciary prescribed statutory criteria for appointment and promotion. The Bar Council, as leader of the Bar, is well-placed to advise The Chief Justice’s vision for the Judiciary is that it be transformed the Chief Justice on the performance of Judges. The Bar is into a world-class Judiciary with global recognition. Permit me to confident that the convention of confidential consultation share a few of the Bar’s suggestions on how this can be achieved. between the Chief Justice and the President of the Bar will continue for each round of consideration for appointment (i) Appointment and Promotion of Judges — Criteria and and promotion. Consultation Further, the Bar is hopeful that the Prime Minister will appoint On the appointment and promotion of Judges, section 23 of four new eminent persons6 to the JAC who will, like their the JAC Act sets out the criteria for the selection of Judges. predecessors, work with the other JAC members to scrutinise To the Bar, the most important criteria are: each candidate in a vigorous and comprehensive manner. We hope that JAC will ensure, with more rigour, that the (a) integrity, competency and experience; prescribed statutory criteria are strictly complied with. (b) objectivity, impartiality, fairness and good moral character;

Praxis JAN-MAR 2013 27 Features/Articles

(ii) Room for Improvement in Quality of Judgments arbitration-friendly, so that businesses would opt for Malaysia as a seat for arbitration. Based on industry feedback,8 the As the Chief Justice acknowledged at last year’s OLY, the Judiciary — working with the industrious Kuala Lumpur quality of court decisions must be improved. The focus Regional Centre for Arbitration — has to increase its efforts on quality comes on the back of a successful and well- to encourage businesses to choose Malaysia as a seat for documented overhaul of the engine of judicial machinery, arbitration, and there is no better mode of persuasion than resulting in a complete clearance of backlog of cases and an court decisions that are arbitration-friendly and sound in law. efficient and modern Judiciary. That the competition for the business of dispute resolution For the Bar, the quality of a decision can only be determined is hotly contested is amply demonstrated by a recent article by the quality of the written judgment. A high-quality penned by The Right Honourable Lady Justice Arden to judgment must have at least these five features: discourage English judges from making English judgments “less competitive internationally”,9 and the recent (a) Clear, and easy to understand; announcement by Singapore Chief Justice Sundaresh Menon (b) Intelligent, with reasoned analysis of the facts and law; of the possibility of establishing a Singapore International (c) Addresses all arguments raised by counsel, no matter Commercial Court. how silly or difficult; (d) Does not raise any issue (of fact or law) not argued The Malaysian legal system — like the Malaysian economy by counsel or put by the Judge to the counsel for — has to adapt and lift its standards to be competitive in the submission; and global legal market. Otherwise, it can never claim to be a (e) Does not dispose of the entire case on a technicality serious contender, in terms of having a world-class Judiciary. that will not do justice to the case. For instance, a mere failure to comply with directions, without contravention D. The Government — The Bar’s Wish List for a Better of an unless order made after past instance(s) of non- Political Transformation Programme compliance, must not result in the dismissal of a claim. I now turn to the Executive, and the Bar’s wish list for a Part These features are necessary for a losing litigant to understand Two of the Political Transformation Programme announced by the the basis for an unfavourable decision, for counsel to be able Prime Minister on Malaysia Day in 2011. to advise the losing litigant whether to appeal, and for other counsel to advise with certainty how the court will decide in The Prime Minister at the IMLC last year said that, “(j)ust as a similar dispute between other litigants. This, by itself, will Rome was not built in a day, the building of a just, equitable and reduce litigation and provide greater certainty to the law. democratic Malaysia cannot be achieved overnight. And as the ancient Chinese saying goes, the journey of a thousand miles If a written judgment has to be lengthy in order to satisfy begins with the first step. We have embarked on many steps these five requirements, then this would be in the interest already…”. of justice. Therefore, the advice of the late Tun Mohamed Suffian Hashim, the then-Lord President of the Federal Whilst a number of positive steps have been taken in law reform, Court, in his letter dated 18 April 1979 to Presidents and the steps to build a just, equitable and democratic Malaysia must Magistrates, where he chided Judges for writing long and necessarily include the establishment of strong and independent protracted judgments,7 does not apply universally or without institutions that will not be personality- or government-dependent, qualification. the strengthening of existing institutions, and further law reform which are, in the words of the Attorney General, “proportionate” Written judgments are always examined carefully by litigants and “necessary”. and counsel, and constructive criticism is to be encouraged and considered by the Judiciary. However, unwarranted, (1) New Institutions unfair and malicious criticism, and allegations against the institution of the Judiciary and individual judges, are As a first step, the Bar reiterates its call for the establishment discouraged, and must be dealt with swiftly if they are of four new institutions that will strengthen the rule of law in tantamount to contempt of court. Malaysia.

(iii) The Role of the Judiciary in Achieving Malaysia’s 2020 (i) Independent Police Complaints and Misconduct Vision Commission

One of the important steps towards achieving developed An independent and credible external mechanism for nation status by 2020, less than seven years away, is the oversight of the Polis DiRaja Malaysia (“PDRM”) is urgently promotion of Malaysia not only as a premier investment needed, namely the Independent Police Complaints and destination but also as a dispute resolution destination. Misconduct Commission (“IPCMC”) proposed by the Royal The Malaysian Judiciary has to demonstrate that it is able Commission on the Enhancement of the Management and to adjudicate disputes in an honest, efficient, effective and Operations of the Police which was chaired by Tun Dato’ Seri certain manner. Further, it also has to demonstrate that it is Mohamed Dzaiddin bin Haji Abdullah, a former Chief Justice.

28 Praxis JAN-MAR 2013 Features/Articles

The existing Enforcement Agencies Integrity Commission recommendations to Parliament, without fear or favour. The (“EAIC”) is a watered-down substitute for the IPCMC10 and Bar remains hopeful that the announcement made by the would therefore be a less-than-effectual oversight body. Deputy Minister in the Prime Minister’s Department, Datuk The Government must recognise, as governments elsewhere Liew Vui Keong, on 8 November 2011 will come to fruition have, that whilst the majority of the police force are honest this year. and competent individuals, the police are unable to police themselves. (iv) Sentencing Council

(ii) Coroner’s Court The Bar welcomed the announcement, by Dato’ Seri Mohamed Nazri bin Abdul Aziz, that the Government has A Coroner’s Court must be established with the clearly-stated agreed in principle to the establishment of a sentencing aim of identifying the deceased and ascertaining how, when council. A sentencing council would promote consistency by and where the person died. There should be the creation having guidelines for Judges to decide on the appropriate of the official position of a State Coroner, and Coroners sentence to reflect the crime committed, proportionate to appointed by the Prime Minister upon the recommendation the seriousness of the offence, and would increase public of the Chief Justice. The Coroner would be responsible understanding of sentencing. for supervising investigations by the police, ensuring that all relevant evidence is gathered, presiding over enquiries, However, the Bar opposes any amendment to the law to and making findings. The Court would make specific use of impose mandatory sentences, as this would be an unnecessary pathologists and forensic pathologists. fetter on the discretion of the Judge and an unwarranted impediment to the free flow of justice. This respect for the Recent enquiries into deaths of persons that occur whilst discretion of the judge is also one of the reasons why the in the custody of, or in or around the premises of, law Malaysian Bar welcomes recent public statements by the enforcement agencies, have resulted in “open” verdicts. The Attorney General and Dato’ Seri Mohamed Nazri bin Abdul grieving families of the deceased are unable to find comfort Aziz calling for the abolition of the mandatory death sentence and closure in such a verdict. for drug-related offences.

(iii) Law Reform Commission These four institutions require a statutory underpinning in order to ensure permanence of existence, transparency in The Bar urges the establishment of an independent law deliberations, accountability to the people and, equally reform commission that would undertake research, public important, continuity in funding. consultations and legal policy development, and make

Praxis JAN-MAR 2013 29 Features/Articles

(2) Maintaining Existing Institutions F. Reaffirmation and Best Wishes for the New Year

Apart from setting up new institutions, the second step to be taken On behalf of the Malaysian Bar, Advocates’ Association of Sarawak by the Government must be to maintain existing independent and and Sabah Law Association, we reaffirm our commitment to, and effective institutions, and such individuals in it who ensure that support of, the rule of law and the independence of the Judiciary. the institution achieves its statutory object and lives up to public expectation. One of the more — if not the most — outstanding We wish members of the Judiciary and the Attorney General’s current institutions, worthy of mention here, is the Human Rights Chambers a productive, meaningful and healthy year ahead, Commission of Malaysia (“SUHAKAM”), which is tasked with during which we will, together, move much closer towards our championing human rights in Malaysia. common goal of being a world-class Judiciary, an independent and strong Bar, and an excellent Attorney General’s Chambers. The seven Commissioners, so ably led by Tan Sri Hasmy Agam, have surpassed expectations in the courage, tenacity and Lim Chee Wee perseverance they have shown in the discharge of their statutory President obligations: to promote awareness of and provide education Malaysian Bar relating to human rights; to advise and assist the Government in formulating legislation and procedures, and recommend the 12 January 2013 necessary measures to be taken; and to inquire into complaints regarding infringements of human rights. 1 Unreported case of Muthammal A/P Rose Udayar & Anor. v ACP A Paramasivam & 3 Ors, judgment of Justice Harmindar Singh Dhaliwal. Unfortunately the High Court decision in Suzana Md Aris v DSP Ishak Hussain & Ors [2010] 6 The first term of the Commissioners will come to an end in a few CLJ 712 was set aside by the Court of Appeal, and the Federal Court did months. The Bar trusts that the Prime Minister will recommend not grant leave. the reappointment of these advocates of human rights. 2 Muhammad Hilman bin Idham & Ors v Kerajaan Malaysia & Ors [2011] 6 (3) Further law reform MLJ 507 (CA). 3 Lim Guan Eng v Utusan Malaysia [2012] 2 MLJ 394, Khalid Abdul Samad v The third step is law reform, especially with respect to the death Datuk Aziz Isham and Utusan Malaysia [2012] 7 MLJ 301, Dato’ Seri Anwar penalty, where the Bar anticipates a Cabinet decision imposing a Ibrahim v Datuk S Nallakaruppan [2012] 8 CLJ 939, and Karpal Singh v moratorium on all death sentences and, eventually, the abolition Utusan Malaysia unreported. of the death penalty. When this happens, Malaysia will be 4 Khalip bin Bachek case, Johor Baru High Court, and Bukit Rok case, Shah regarded by others as a progressive, modern and compassionate Alam High Court. nation. 5 See paragraph 5 on page 8 of the World Bank Report entitled “Malaysia: I wish to acknowledge here that whilst the Bar was initially Court Backlog and Delay Reduction Program — A Progress Report, published anxious about the prohibition of assemblies in motion in the in August 2011. Peaceful Assembly Act 2012, events have come to pass that show 6 The current four eminent persons will complete their maximum two terms, that the Government has allowed these in a number of rallies, and as provided for in section 6 of the JAC Act, in February 2013. this is positive. We hope that this remains the practice for any upcoming public assemblies. 7 Quoted in the Court of Appeal case of Mohamad Deraman v PP [2011] 3 CLJ 601. E. Pantun 8 See Global Arbitration Review Guide to Regional Arbitration 2013, page 20.

In the event that my advocacy today has been ineffectual, I wish 9 “Judgment Writing: Are Shorter Judgments Achievable?” (2012) 128 LQR to recite a pantun in Bahasa Malaysia that I hope better conveys 515. the message of my speech. 10 The proposed IPCMC Act provides IPCMC with wider powers of investigation, prosecution and sentencing. Indah dipandang si bunga raya, Tumbuh mekar pelbagai warna, Kalau kita ingin berjaya, Tetapkan matlamat tingkatkan usaha.

Petik setangkai bunga melati, Bunga melati kembang setaman, Jikalau semuanya bersatu hati, Cemerlang pasti dalam genggaman.

Perahu layar mudik ke pengkalan, Tiba di pengkalan memunggah barangan, Ayuh rakan, handai dan taulan, bersatu hati menuju kecemerlangan.

~ Siti Nurbaya Yusoff

30 Praxis JAN-MAR 2013 Msian Rules of Court 2012 Interview Page (Praxis)_Layout 1 10/23/12 5:31 PM Page 1

Every Practitioner’s Companion Malaysian Rules of Court 2012 An Annotation

The Rules of Court 2012, which combines the Rules of the High Court 1980 and the Subordinate Courts Rules 1980, came into effect on 1 August 2012. The new Rules standardises the rules of procedure relating to civil cases in the High Courts and the Subordinate Courts. To address the operation and application of the Rules, LexisNexis® Malaysia, in collaboration with the Malaysian Bar, embarked upon the ambitious project of publishing the Malaysian Rules of Court 2012: An Annotation.

Lim Chee Wee, President of the Malaysian Bar, in an interview, gave his views on the Annotated Rules.

How well will you describe the Malaysian Rules of Court What about law students preparing for the CLP QQ2012: An Annotation (‘publication’)? examination next year? How will this publication beneﬁt them? Any commentary on the law written by individuals who were instrumental in drafting the law itself would be This is the most authoritative text and we would expect authoritative, more so when it is a collective effort. In this this publication to be on the desk of every lawyer and case, the Advisory editors were led by Tan Sri Cecil student of litigation. Abraham who also led the Bar’s team in the drafting of the new Rules, and the authors involved in the Annotation are outstanding advocates. Do you think every lawyer (including non-litigators) Q should own a copy of the publication and why?

How does the publication meet the needs of legal Yes, a non-litigation lawyer may never know when he may Q practitioners and stakeholders who are related to the be called upon to advise on litigation. justice system?

As is often said, procedural law is the handmaid of justice What are the important or controversial aspects of the and this publication if widely read and applied by Q Rules of Court 2012 that our readers should focus on? practitioners will ensure that the new Rules would not lead How have these aspects been dealt with in the to unnecessary litigation, waste of money, time and energy publication? of clients, judges and lawyers. The key changes include provisions on mode of commencement of proceedings, offer to settle, case management, and experts. The publication explains in detail the reasons for and procedure of these substantive changes.

The publication is available for sale at the Bar Council Bookshop and most States Bars. You may also contact the LexisNexis® Regional Contact Centre at 1800-88-88LN(56), email us at [email protected] or log on to our online bookstore http://www.lexisnexis.com.my/store/my to purchase your copy. Events

Siri Pemikiran Kritis Forum: Section 114A of the Evidence Act 1950 (11 Aug 2012) by New Sin Yew

The latest Siri Pemikiran Kritis (“SPK”) (3) K Shanmuga, Member of the Bar, one of 114A had really been passed to combat forum dealt with yet another controversial the founders of LoyarBurok and a “mover” cybercrime. legislation passed rather stealthily by for UndiMsia!; and Parliament, the Evidence (Amendment) (4) Dato’ Saifuddin Abdullah, member of In addition to their concerns about (No. 2) Act 2012 (hereafter referred to as UMNO Supreme Council, Deputy Minister of accountability, the bloggers, Facebook “Act”), which added section 114A to the Higher Education and Member of Parliament. users, Tweeters, and those involved in the Evidence Act 1950. IT industry also found the amendment’s The session was moderated by Mahaletchumi potential effect on Internet surveillance Of course, there was public furore when Balakrishnan, Member of the Bar and former particularly worrisome. A forum participant the Bill was passed by Dewan Rakyat on 18 Co-Deputy Chairperson of the Bar Council who is both a systems administrator and the April 2012, and considerable efforts made Constitutional Law Committee. creator and administrator of a Facebook by civil society to call for the law not to group, for instance, was concerned that he come into force. Against this backdrop, Foong Cheng Leong, an outspoken advocate would need to track the online activities of the National Young Lawyers Committee of the Stop114A movement, articulated service users or commenters in order to avoid (“NYLC”) devoted one SPK session to eloquently the implications of section incrimination. The verdict was unanimous discuss section 114A, in collaboration with 114A on businesses, ordinary people and — section 114A would further erode one’s Centre for Independent Journalism (“CIJ”) everyday life. civil rights and liberties. and Malaysian Centre for Constitutionalism and Human Rights (“MCCHR”). The session, Dato’ Saifuddin Abdullah said he wished that A survey was also held during the SPK entitled “Section 114A of the Evidence the debate at Parliament had been of equal forum to gauge the sentiment regarding Act — End of Internet Freedom?” was intensity, and admitted that he himself had the amendment. As participants entered held at the Bar Council Raja Aziz Addruse been focused on another piece of legislation the venue, they had been asked to vote on Auditorium on 11 Aug 2012 (Saturday). at the time. He asked, rhetorically, “If even a whether they supported, did not support, conscientious Member of Parliament such as did not care, or did not know about section By way of background information, Khairy Jamaluddin could have been caught 114A of the Evidence Act. At that juncture, section 114A creates a presumption that unawares regarding the impact of such a law six individuals supported the amendment any registered user of network services until after it had been passed, what more and 39 did not. During the second round is presumed to be the publisher of a the rest of the members of the Dewan?” of voting at the end of the forum, however, publication sent from a computer which an astounding 57 votes were cast against is linked to that network service, unless Much of the discussion amongst the section 114A. the contrary is proved. The section also panellists centred on the flawed process provides that any “person whose name, of law-making, especially the lack of On 14 Aug 2012, CIJ staged an Internet photograph or pseudonym appears on any consultation with the public. Blackout Day, with participation by a large publication depicting himself as the owner, number of netizens and websites. Notably, host, administrator, editor or sub-editor, or The panellists also expressed diverse views the Malaysian Bar website was one of the who in any manner facilitates to publish or on the presumption introduced by the few that implemented a total blackout. We re-publish the publication is presumed to amendment, and the burden it imposes believe initiatives such as Internet Blackout have published or re-published the contents on private individuals and businesses. Faisal Day, and we hope the SPK event as well, of the publication unless the contrary is Moideen conceded that the text of section prompted our Prime Minister to order the proved”. 114A was wide but did not think the Cabinet to discuss section 114A. procedural rules outlined in the amendment The featured speakers at the forum were: would unduly burden an accused person, Despite all the advocacy efforts, the and reiterated that the presumption of guilt Cabinet chose not to call for a review of (1) Faisal Moideen, Member of the Bar and was rebuttable in court. section 114A, as the members were of the former Protection Assistant of the Office of opinion that critics and legal experts had the United Nations High Commissioner for Fellow lawyer K Shanmuga, however, misinterpreted the law and taken it out of Refugees (“UNHCR”); referred to section 114A as the bluntest context. Stakeholders and the public were (2) Foong Cheng Leong, Member of the instrument that could be used to combat not consulted. Bar, Co-Chairperson of the Kuala Lumpur cybercrime, and stated that the amendment Bar Information Technology Committee was not the only, or the most effective, NYLC thanks CIJ for the information it and blogger; solution to the problem. He then went on to provided for this article. pose the question, wryly, of whether section

32 Praxis JAN-MAR 2013 Events

Thinking like a Business Ninja — Revenue Generation (22 Nov 2012) by Zaena Nair and photos by Tony Haryadi Irman, Administrative Assistant, Bar Council

The Bar Council Small Firms Committee organised a Management The objective of the workshop was to expand the participants’ Training Workshop, targeted at small law firms, in the Bar knowledge of revenue generation and provide an action-oriented Council’s Raja Aziz Addruse Auditorium on 22 Nov 2012 (Friday). guide to being a successful lawyer. Ian Homer explained in detail The four-hour session was attended by 37 participants consisting the four key elements necessary in forging a mindset of success, of Members of the Bar, pupils in chambers and law firm staff. namely, marketing, sales, profit and revenue. He discussed tactics for generating prospective new clients, converting those The workshop was conducted by Ian Homer, a business coach opportunities into paying clients, charging an appropriate fee, with Action COACH in Malaysia who worked with the likes of keeping clients coming back for more, and maintaining margins Bloomberg, Lloyd’s of London and Thomson Financial before and costs to secure profits. He also addressed the difficulties that coming to Malaysia in 1997. Having coached businesses in a may arise and expounded strategic problem-solving skills to which wide range of industries including legal services, his vast and this mindset can be applied. varied experience makes him an ideal speaker on developmental techniques related to various businesses and aspects of a business. It was a highly interactive seminar with a lively exchange of questions and ideas between speaker and participants. Based on the latter’s positive feedback, the Small Firms Committee concluded that the event was successful, and it will look into organising similar sessions in future.

Praxis JAN-MAR 2013 33 Events

Formula NYLC Interstate Go-Kart Challenge: The “A”s Dominate the Track (27 Oct 2012) by Lesley Lim and photos by Jamie Lim

For the Grand Final, looming clouds in a dark sky threatened an evening downpour, but this did not dampen the spirit of the 12 drivers who were eager to carve their name on the Challenge Trophy.

One of the fresh faces that made his mark was senior lawyer, local sole proprietor and karting enthusiast, Sunil Vijayan, who placed a solid sixth behind the usual race leaders. Vince Chong tried to boost his team’s points by importing Aussie driver, Adrian Khoo, who betrayed him by running him off the track instead.

Michael Tan and the Malacca Young Lawyers & Chambering Pupils Sub-Committee (“MYLCP”) team were a force to be reckoned with, but they could not stop the “A”s (aka AA Racing Team) from dominating the track despite a boost in morale from Sepang International Kart Circuit is touted to be the best karting the surprise visit of Malacca State Bar Committee Chairperson, track in Malaysia as it is paved with the same type of tarmac used Karen Cheah. on the Sepang main track, and was designed by renowned F1 track designer, Hermann Tilke. Measuring 1.247 kilometres long Akmal Bujang made full use of his pint-size frame to defend the and 10 metres wide, this track proved to be a challenge from the chequered flag, and just a close second behind was teammate first bend. It was the perfect stage for the Grand Final of the Eng BA. Azrin Razman’s third place at the final, and consistent Formula NYLC Interstate Go-Kart Challenge. podium finish throughout the Championship, were enough to secure him the Championship title. His partner, Ahmad Aizat, The Challenge had kicked off in Malacca on 7 Apr 2012, and did his part by elevating AA Racing Team eight clear points gained further momentum (pun intended!) with the second leg above Elusive Racing Team to stamp their mark on the first-ever in Shah Alam on 7 July 2012. Constructor’s title.

Position Name Team Best Lap Points Outstation Total Points Time Points 1 Akmal b Bujang Elusive Racing Team 1:09.556 10 5 15 2 Eng BA Elusive Racing Team 1:09.955 8 5 13 3 Azrin Razman AA Racing Team 1:10.277 6 2 8 4 Michael Tan Ching Hooi MYLCP 1:11.767 5 5 10 5 Ahmad Aizat Abdul Rahman AA Racing Team 1:12.715 4 2 6 6 Sunil s/o K Vijayan 1:11.810 3 2 5 7 Adrian Khoo Hadez 1:13.451 2 2 4 8 Musthafa Mohamed MYLCP 1:14.022 1 5 6 9 Edmund Bon 1:13.224 1 2 3 10 Vince Chong Hadez 1:12.661 1 2 3 11 Aizat Anzac 1:14.772 0 2 2 12 Abdul Fikry Jaafar 1:13.471 0 5 5

34 Praxis JAN-MAR 2013 Events

Final Results for Formula NYLC 2012

Driver Round 1 Round 2 Round 3 Total Position Name Team Points Points Points Points 1 Azrin Razman AA Racing Team 13 13 8 34 2 Michael Tan Ching Hooi MYLCP 12 6 10 28 3 Akmal b Bujang Elusive Racing Team - 12 15 27 4 Ahmad Aizat Abdul Rahman AA Racing Team 11 5 6 22 5 Eng BA Elusive Racing Team - 8 13 21 6 Muhammad Daniel Lee Hishamuddin 10 6 - 16 7 Vince Chong Hadez 8 5 3 16 8 Musthafa Mohamed MYLCP - 9 6 15 9 Chang Ee Wan Lee Hishamuddin 6 6 - 12 10 Edmund Bon - 5 3 8 11 Tan Jian Hwa Stance - 7 - 7 12 Ng Chia How RWY - 7 - 7 13 Quek Kia Ping Hadez 6 - - 6 14 Shahir Abdul Razak Tropic Thunder - 5 - 5 15 Yip Xiao Heng RWY - 5 - 5 16 Sunil s/o K Vijayan - - 5 5 17 Abdul Fikry Jaafar - - 5 5 18 Philip Lee b Abdullah MYLCP 4 - - 4 19 Adrian Khoo Hadez - - 4 4 20 Edward Tan Wing Sing Stance - 2 - 2 21 Teh Teng Hock - 2 - 2 22 Aizat Anzac - - 2 2

Team Position Team Points 1 AA Racing Team 56 2 Elusive Racing Team 48 3 MYLCP 47 4 Lee Hishamuddin 28 5 Hadez 26 6 RWY 12 7 Stance 9 8 Tropic Thunder 5

The eventful inaugural Formula NYLC concluded as the sun began to set on the horizon. A shout-out of thanks goes to the team who helped me pull this off. Special thanks to the Malacca Bar Committee for its continuous strong support, and to Messrs Richard Wee & Yip for sponsoring the banner, bunting and Challenge Trophy. Last but not least, we thank all who participated and supported Formula NYLC.

We hope this race continues to be a core part of the NYLC X-Games Unit for years to come.

Praxis JAN-MAR 2013 35 Events

Back-to-School Charity Drive (November 2012) by Mazni Ibrahim and photos by Siti Norbaya bt Ahmat

The Bar Council Islamic Finance Committee (“IFC”) organised the first Back-to-School Charity Drive in a bid to help underprivileged families to meet their school-going children’s basic needs.

This Charity Drive was inspired by a story, narrated by an IFC member, of two siblings in a northern state who had to share one school uniform. The child who attends school in the morning rushes home to hand his uniform over to his sibling to wear for the afternoon session, but as a result the latter is often punished for arriving late.

With the help of Hj Taufiq b Baharum and Abdullah b Hamzah, Chairmen of Kedah/Perlis and Kelantan Bar Committees, respectively, IFC identified families in need of assistance for the 2013 school term. The Chairmen accompanied the children to shop for school uniforms, bags, shoes, stationery and other necessities.

The support from Members of the Bar was overwhelming. 96 children benefited from the total collection of RM11,070.

IFC thanks all Members who contributed to this intiative, as their generosity put smiles on these children’s faces.

36 Praxis JAN-MAR 2013 praxis ADD-a night of elegance2-update.ai 1 21/1/2013 11:47:11 AM

CMY

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Bar Council Professional Standards & Development Committee 2013 Events

The activities listed are reflective of the key training events that are being organised by the PSDC.

CPD Training Series This Series is aimed at providing members with training in key practice areas progressively. Members are encouraged to enrol based on the specific levels of knowledge and expertise that they have in the specific practice area. These are divided into three levels:

Basic ideally for members with 0 – 5 years of practical experience in the specific practice area. Intermediate ideally for members with 5 – 10 years of practical experience in the specific practice area. Masterclass ideally for members with more than 10 years of practical experience in the specific practice area.

Confirmed events applicable to all Members of the Bar

Practice Area Proposed Event Level Tentative Schedule FIRST QUARTER 2013 Taxation Tax Law (Part 1) Basic 1st TBC Banking Law Islamic Finance (Part 1) Basic 1st TBC Family Law Family Law (Part 1) Basic 1st TBC Land Law Workshop: The Art of Basic Conveyancing Practice 16 Feb Land Law Housing Development and Joint Venture Development Conveyance 20 Feb Corporate Law Corporate Workshop for Pupils 20 Feb Employment Law Introduction to Employment Law 21 Feb Advocacy Training Course 23 and 24 Feb Business Strategies Workshop on Marketing for Young Lawyers 27 Feb Intellectual Property Law Practical Introduction to IP Law Basic 1st TBC Alternative Dispute Resolution Arbitration and Mediation (Part 1) Basic 1st TBC Criminal Law Criminal Law (Part 1) Basic 1st TBC Family Law Family Law 1 Mar Intellectual Property Intellectual Property Law 8 Mar Intellectual Property An Introduction to the Law of Passing Off 11 Mar Advocacy Training Course 30 and 31 Mar SECOND QUARTER 2013 Land Law Land Law (Part 1) Basic 2nd TBC Taxation Tax Law (Part 2) Intermediate 2nd TBC Competition Law Competition Law (Part 1) Basic 2nd TBC Employment Law Constructive Dismissal 5 Apr Land Law Land Acquisition 12 Apr Land Law Sale and Purchase Agreements 19 Apr Criminal Law Criminal Law (Part 2) Intermediate 2nd TBC Company Law Company Law (Part 1) Basic 2nd TBC Banking Law Islamic Finance (Part 2) Intermediate 2nd TBC Intellectual Property Law Disputes in IP: The Litigation Perspective Intermediate 2nd TBC Family Law Family Law (Part 2) Intermediate 2nd TBC Competition Law Competition Law 3 May Constitutional Law Judicial Review of Industrial Awards 10 May Intellectual Property Law An Introduction to the Law of Passing Off 16 May Family Law Family Law 17 May Banking Law Banking and Finance (Part 1) 2nd TBC Alternative Dispute Resolution Arbitration and Mediation (Part 2) Intermediate 2nd TBC Contract Law Law of Contract (Part 1) Basic 2nd TBC

38 Praxis JAN-MAR 2013 Events

Practice Area Proposed Event Level Tentative Schedule THIRD QUARTER 2013 Land Law Land Law (Part 2) Intermediate 3rd TBC Taxation Tax Law (Part 3) Masterclass 3rd TBC Company Law Company Law (Part 2) Intermediate 3rd TBC Banking Law Islamic Finance (Part 3) Masterclass 3rd TBC Intellectual Property Law IP Monetisation and Assessment of Damages Masterclass 3rd TBC Competition Law Competition Law (Part 2) Intermediate 3rd TBC Alternative Dispute Resolution Arbitration and Mediation (Part 3) Masterclass 3rd TBC Family Law Family Law (Part 3) Masterclass 3rd TBC Banking Law Banking and Finance (Part 2) Intermediate 3rd TBC Contract Law Vitiating Factors, Illegality and Contractual Liability Intermediate 3rd TBC Criminal Law Criminal Law (Part 3) Masterclass 3rd TBC FOURTH QUARTER 2013 Land Law Land Law (Part 3) Masterclass 4th TBC Company Law Company Law (Part 3) Masterclass 4th TBC Competition Law Competition Law (Part 3) Masterclass 4th TBC Banking Law Banking and Finance (Part 3) Masterclass 4th TBC Contract Law Discharge of Contract, Damages – Types of Damages, Quantification Masterclass 4th TBC Pure Economic Loss

* Bar Council retains the right to reschedule or modify the courses without prior notice, and shall accept no liability for any loss or inconvenience as a result of any modifictions. For further information or to register for any of these upcoming events, please contact [email protected], or call Vilashini Vijayan at 03-2050 2095, or Yap Yoong Jian at 03-2050 2015.

Calendar of Upcoming Events No Event Date Organised by Venue CPD Points January 2013 Bukit Kemuning Golf & Country Resort, Shah Alam Kuala Lumpur Bar Committee Sport Arena @ Sentosa, 1 12th KL-Selangor Bar Games 11 and 12 Jan 2013 - Selangor Bar Taman Sri Sentosa Committee Padang Bola Sepak Majilis Perbandaran Subang Jaya Johore Bar The Zon Regency Hotel Johor 2 Professional Standards Course 15 and 16 Jan 2013 TBC Committee Bahru Kelantan Bar Treasure Hunt — Kelantan Bar Tok Aman Bali Beach Resort, 3 18 and 19 Jan 2013 - Family Day 2013 Committee Pasir Puteh, Kelantan Malacca Bar 4 Malacca Bar Family Day Trip 26 Jan 2013 Broga Hill, Semenyih - Committee February 2013 Kedah/Perlis Bar Annual Kedah/Perlis Bar 1 20 Feb 2013 TBC - General Meeting Committee Selangor Bar Annual General Selangor Bar 2 21 Feb 2013 TBC - Meeting Committee Malacca Bar Annual General Malacca Bar 3 22 Feb 2013 TBC - Meeting Committee Johore Bar Annual General Johore Bar Johor Tourism Information 4 22 Feb 2013 - Meeting Committee Centre, Johor Bahru Johore Bar Annual Dinner and Johore Bar Grand Paragon Hotel 5 23 Feb 2013 - Dance Committee Johor Bahru 48th Annual General Meeting 6 TBC TBC TBC - of the Kelantan Bar

Praxis JAN-MAR 2013 39 Lifestyle

Siti Z Kasim – The Blue-eyed Girl of the “Pedalaman” by KS Shasha

Whilst juggling the demands of being condescendingly talked down to her by that involved migrants, refugees, children, a mother, a practising lawyer and comparing her friend’s law course and her and Orang Asli. She was pulled into the making headlines, she finds time to be course. The tears she shed whilst waiting newly formed Bar Council Committee a passionate member of the Orang Asli for the bus to take her home forged Siti’s on Orang Asli Rights (“COAR”) by Dato’ Committee. One can only wonder how plans to better herself. Ambiga Sreenevasan after the issue of she does it all. Siti Zabedah Kasim states, injustices suffered by the Orang Asli at “I have no coping strategies. I just get It was a long and arduous journey for Siti, Hospital Gombak came to light. Beside on with what needs to be done. My she read law from Queen Mary College, this, she was also involved with a small weekends are usually filled with visits to University of London as a mature student. project set up by a few friends on helping the Orang Asli villages. If there is a need She was married with a small child. She six villages of Kampung Sungai Teras, to be with them during weekdays, I will had no financial support and worked Kampung Gesau, Kampung Sungai Bil, try to make time for it too. In a way, I part time while studying full time. After Kampung Chang, Kampung Pos Musoh, am blessed to have a very supporting firm, gaining her degree, she deferred her and Kampung Tekir for their Early Learning Saha & Associates, whose owner is also studies for a year due to lack of funding Centre programmes. a member of the Orang Asli Committee, before she studied for her Bar finals and supports this cause wholeheartedly.” was finally called to the Bar from Gray’s The COAR provides advocacy to amplify Inn. She worked as a legal advisor in an the Orang Asli voices around the Many years ago, when Siti was very insurance company before returning to country and support to strengthen these young, she never dreamt of becoming a Malaysia in 2004 after living in the UK for communities. Part of Siti’s activity in lawyer, let alone fighting for the rights of 17 years. COAR is to make trips into the Orang the Orang Asal and an activist. She was Asli villages and settlements, to inform studying for her Diploma in Secretarial Siti joined the Bar Council Human Rights them of their rights under international Science from ITM (now UITM), she was Committee back in 2007. During that and local law, such as the right to live on visiting a friend and her friend’s father time, she was involved with many issues and use their traditional territories; the

40 Praxis JAN-MAR 2013 Lifestyle

right to self-determination; the right to free, prior, and informed consent before any outside project is undertaken on their land; the right to keep their languages, cultural practices, and sacred places; the right to full government services, and, perhaps most significantly, the right to be recognised and treated as a people.

Siti reveals, “My passion to help the Orang Asli is to get their land recognised as theirs, including places where they’ve been evicted, and stopping loggings, plantations, mining and other profit- making schemes on their lands which masquerade as ‘development’. These activities, conducted to actually destroy them, increases more and more as each day passes by. They are suffering as their land and forests are exploited by timber and palm oil companies. Their rivers and sources of water are polluted. The real obscenity is that they drink that water. They have no choice but to bathe in it and to bathe their children in it.”

COAR partners with Orang Asli communities, the Human Rights Commission of Malaysia (“SUHAKAM”), foreign embassies, other non- governmental organisations (“NGOs”), and individuals to defend their existence and identity. Siti elaborates, “We assist them in obtaining the knowledge, advocacy tools, and strategic partnerships they need to protect their rights. We work with them to protect their lands, languages and cultures, educate their communities about their rights and fight against their marginalisation, the Orang Asli because less than one year gain these rights when we shouldn’t have discrimination, exploitation and abuse. after intensively going into their villages to, which takes a lot of time and cost. Too When the government does not respond, for empowerment talks, the Orang Asli many people think possessions matter we partner with them to bring their cases from Gua Musang, Kelantan, have risen compared to love, respect, freedom and to courts, and we involve the public and and become brave enough to stand up dignity. Hearing their testimonies of policy makers in advocating for their rights. against the authority and fight for their ancestral connections with their patch of Our work and efforts and working on the rights. forest and their determination to keep it, ground in the Orang Asli communities are I was struck by how most of us have lost always at their invitation.” Siti confesses, “Prior to this, my any sense of place and attachment to the knowledge of and exposure to the Orang land but for the Orang Asli, their soil is like One of her greatest achievement in the Asli were limited but within a short period their blood. It is everything and to lose it cause was when the Temiar tribe in of being involved with them, I came to would be to lose their identity.” Gua Musang did their blockades and realise there were so many unfair policies demonstrations and where Siti, along and treatment towards the Orang Asli. It Siti shared her experience of her first trip with 13 other Orang Asli, were arrested in became apparent to me, that the rights deep into the jungle and spent the night the process when acting as their lawyer. of the Orang Asli were minimal or non- in the village. “It was an exciting trip, it She feels it is an achievement because existent! I am revolted by how little, if any, was some time in June 2011 at Kampung the Orang Asli’s number one enemy is our government respects their ownership Jadeh Pos Simpoh, Gua Musang, Kelantan. fear. They are fearful to speak up and to of their own land, their heritage and their I went there with Tijah Yok Chopil, a very highlight their problems and oppressions autonomy. The authorities still refuse to respected Orang Asli activist nationally for they have been told over the years that recognise their rights despite the many and internationally. It took us eight hours they will get arrested and thrown into jail if court cases in favour of the Orang Asli of travelling, five hours on trunk road from they disagree. It is a great achievement for rights. We have to go to court in order to KL to Gua Musang and three hours on

Praxis JAN-MAR 2013 41 Lifestyle

logging road which only a four-by-four can pass through. My land and many other allegations just to make the Orang Asli more heart was at my mouth when the car went skating down the hill confused. I also feel helpless whenever I go into their settlement; uncontrollably due to the muddy and slippery road since it was I see massive work going on by the contractors who were given raining. I never imagined we can find people living deep in the licences by the State government and to see the Orang Asli being jungle and in such conditions. They have no electricity and proper pushed further and further away from their ancestral land”. supply of clean water. We were invited to celebrate their harvest and to speak with them on their issues and problems. We stayed Though the purpose of COAR was to educate the Orang Asli on over at Azmi’s house, who is the leader for the Jaringan Orang their rights and assist them in their cause, it has been a learning Asli Kelantan. They are the most wonderful, lovely, generous, experience for Siti. It has changed her perspective on city life: hospitable and genuine kind of people. Since then, I have been “We speak but we never listen, we destroy the planet that to many villages in Kelantan, Perak, Pahang, Negeri Sembilan, supports us in the process of development, whilst they can live Selangor and Johore.” off a local economy. We must see that indigenous peoples are the primary stewards of the planet’s biological resources. Their However, life in the interior is still fraught with difficulties as heritage, their ways of life, their stewardship of this planet, and Siti shares, “Indeed, it frustrates me sometimes after going to their cosmological insights are an invaluable treasure house for us talk with them and answering their questions, they still feel fear all. The real obligation we have to the Orang Asli is to leave them and sometimes this causes discord amongst themselves. This in peace, to allow them to make their own decisions and to stop is because, after we left, the authorities with their expensive forcing our culture on them. The developed world has to learn machineries who go in regularly will say different things and humility and to honour our natural world and selves and the best put more fear into the Orang Asli. We are being called the way to do so is actually from the rarer and less ‘intact’ but ‘older’ opposition party, instigators, outsiders who are out to sell their cultures like the Orang Asli. The older cultures have found a

42 Praxis JAN-MAR 2013 Lifestyle

way to facilitate autonomy with self-mastery and a dignified inter- relatedness that the desk-bound, next-paycheck-bound, eating- alone-in-front-of-TV cultures could barely even dream about.”

To Members of the Bar interested in this cause, Siti has this to say: “Indigenous communities and the environments they maintain are increasingly under assault from mining, oil, dam building, logging, and agro-industrial projects. They try to resist this invasion with tremendous courage and skill, but their protests are too often ignored by governments and corporations. In the best tradition of the Bar, we wish to encourage Members of the Bar to volunteer their services to represent the underprivileged and marginalised members of our society, in the latter’s efforts to assert and protect their constitutional rights as minorities and citizens of Malaysia. We want to raise and equip an army of volunteer lawyers who will be willing to step up and stand in the gap for them and help to bring cases to courts on Orang Asli issues. I call upon all my brethren- and sisters-at-law to come forward and help our Orang Asli.”

Praxis JAN-MAR 2013 43 Sports

Selangor – Kuala Lumpur Bar Games 2012 by Selangor Bar Committee Secretariat

The Selangor Bar Committee organised the Selangor Bar Games on 9 and 10 Nov 2012, where golf, bowling, badminton and netball were to be contested between state Bars, court teams from the Palace of Justice, Shah Alam and Kuala Lumpur, and a police team from IPD Kajang.

The bowling event at Sunway Mega Lanes was won by Team Selangor Bar 1, followed by Shah Alam Court and Team Selangor Bar 2. The Ganaeswaran Badminton Challenge Trophy was won by Team Selangor Bar 1. Legal Dragons (comprising lawyers and police) and Felda (by invitation) took the two runner-up positions.

The Justice Dato’ Shanker Golf Challenge Trophy was not won, unfortunately, as the game was abandoned mid-way due to heavy rain. Nonetheless, lucky draw prizes were given to all participants. Similarly, the Ruby Netball Trophy had to be given up and the netball game was cancelled due to withdrawals at the eleventh hour.

44 Praxis JAN-MAR 2013 A Prac Guide to Probate - Letters of Admin - half page ad (Praxis)_Layout 1 1/29/13 10:33 AM Page 1

The objective of the Practical Guide Series is to Division I – Practice provide busy practitioners with an essential and Division III – Legislation practical reference tool in a specific technical Division II – Forms A Practical Guide to area of Malaysian legal practice. The emphasis of Division IV – Cases each publication in the series is providing the Probate user with a clear overview of the topic, followed In keeping with the title of the publication, the by a succinct step-by-step guide on the layout will emphasise practicality by providing Letters of Administration procedure of the particular area of practice with checklists, tables, bullet points, etc where cross references to the relevant forms, relevant. Further, the legislations reproduced in legislations and case law; all in one publication. this title are annotated and the judgments Reviewed by Kanesh Sundrum reproduced in Division IV will be preceded with To ensure efficiency for the reader, each catchwords. An overview of the topic will be publication in the series will be presented in the presented in the form of a flow chart at the following manner: beginning of Division I for the users’ easy reference.

This volume on A Practical Guide to Probate: Letter of Administration, is the 2nd volume in the A Practical Guide to Probate series. The publication begins by providing the reader with an overview of the basic concepts of the law of probate. This is followed by a practice orientated explanation on:

• Preliminary inquiries before the application; • Determining the mode of the application; ISBN 978-967-400-119-3 • Jurisdiction of authorities; and • The nature of probate proceedings.

Written with a focus on Malaysian legal practice, the book will be an invaluable aid to practitioners, in RM house counsels, academics, law students and relevant government agencies. This title has been reviewed by an experienced practitioner, Kanesh Sundrum, LLB (Hons) (Bristol); LLM (Cantab); CLP; 250 Advocate & Solicitor of the High Court of Malaya. Order Now! via our eBookstore @ www.lexisnexis.com/store/my To purchase, please contact our Helpdesk at Tel: 1800-88-88LN(56) or Email: [email protected] or Twitter (Helpdesk): @HelpLNMY http://twitter.com/LexisNexisMY/ http://facebook.com/LexisNexisMalaysia/ State Bar News

State Bar News ( to 2012) Contributions by State Bar Secretariats and Committee Members

Johore Bar Committee Approximately 50 persons attended the Kedah/Perlis Bar Committee training session. A briefing on the Rules of Court 2012 Jawatankuasa Badan Peguam Kedah/ was held at The Zon Regency Hotel Johor YA Tuan Teo Say Eng JC was transferred Perlis telah menaja 10 orang peguam Bahru on 27 July 2012. This briefing to the High Court in Johor Bahru. A untuk menyertai International Malaysia carried two CPD points. The speaker welcoming high tea was held on 16 July Law Conference (“IMLC”) yang telah was Brendan Navin Siva. 298 members 2012 for His Lordship at The Zon Regency dianjurkan oleh Majlis Peguam Malaysia attended the briefing. A second briefing Hotel Johor Bahru. Approximately 99 pada 26 hingga 28 Sept 2012 di Kuala was held at the same venue on 12 Sept members were present. Lumpur Convention Centre. 2012. The speakers this time around were Cecil Abraham and Nantha Balan. On 12 Oct 2012, a dinner gathering was Friendship Group, Kulim, telah menjemput There were 243 participants. The third held between members of the Bar Council Pusat Bantuan Guaman Kedah/Perlis untuk briefing was held at Hotel Pelangi, Muar. and Johore Bar at The Zon Regency Hotel membuka booth kerana menganjurkan It was conducted by Brendan Navin Siva, Johor Bahru. medical camp dan Legal Aid camp pada and 64 members attended the briefing. 20 Okt 2012 di Dewan MCA, Mahang, On 10 Dec 2012, a farewell dinner for YA Kedah, yang telah dihadiri oleh dua A workshop on Sijil Annual was held on Tuan Vernon Ong Lam Kiat was held at orang peguam dan dua orang pelatih 22 Oct 2012 at the Johore Bar Auditorium. Mutiara Hotel Johor Bahru, following His dalam kamar. Peserta yang terlibat terdiri The workshop carried one CPD point, Lordship’s transfer to the High Court in daripada orang-orang kampung dan and was conducted by Kirushnaveni Shah Alam. Approximately 80 members Pertubuhan Bukan Kerajaan (“NGO”). Subramaniam and Kwan Yin Cheng attended the dinner. from the Bar Council. Approximately Pusat Bantuan Guaman Kedah/Perlis telah 68 members participated. A second On 11 Dec 2012, a farewell dinner for YA dijemput untuk memberi ceramah dan workshop was also conducted by the Dato’ Umi Kalthum bt Abdul Majid was membuka booth bagi memberi khidmat same speakers on 23 Oct 2012 at Hotel held at Hotel Pelangi, Muar, following nasihat guaman percuma kepada NGO Pelangi, Muar. This was for the benefit of Her Ladyship’s transfer to the High Court dan warga Kubang Pasu tentang hak-hak the members from northern Johore. There in Kuala Lumpur. A Multi-festival Nite dan tanggungjawab dalam rumahtangga were 45 participants. celebration was also held simultaneously. dalam Seminar Anda dan Undang-Undang Approximately 50 members attended. anjuran Pertubuhan Wanita Sejahtera A workshop on Anti-Money Laundering Kubang Pasu (“WANIS KP”), dengan and Anti-Terrorism Financing Act 2001 The 41st Annual Johore Bench and Bar kerjasama Majlis Daerah Kubang Pasu (“AMLATFA”) Compliance Report was Police Games was held from 21 to 29 Sept dan Persatuan Ibu Tunggal Kubang Pasu. held on 21 Nov 2012. This event carried 2012 after a long hiatus. A total of nine Program ini diadakan pada 22 Nov 2012, two CPD points. The speaker was Johan competitive games were played, namely, di Dewan Utama Pejabat Daerah Kubang Shahar. There were approximately 50 cricket, table tennis, netball, badminton, Pasu, Jitra, Kedah. Tajuk-tajuk ceramah participants. futsal, tennis, sepak takraw, golf and adalah seperti berikut: football at several sporting venues in A seminar on Legal Framework for Islamic Johor Bahru. The police team emerged Slot 1: Jenis-jenis Perceraian dalam Islam Financing was held on 29 Nov 2012 at as winners of the Games. The event was Penceramah: Siti Razasah b Abd Hotel Pelangi, Muar. This event carried officiated jointly by YA Tuan Vernon Ong, Razak three CPD points. The speaker was senior High Court judge, and the Chief Megat Hizaini b Hassan. There were 59 Police Officer of Johor. The games ended Slot 2: Hak-hak dan Tanggungjawab participants. with closing ceremony and dinner at the dalam Rumahtangga Johor Bahru Police mess on 29 Sept 2012. Penceramah: Hamdi b Ishak A briefing on the recent amendments to the Criminal Procedure Code was held on The 7th Annual Johore Bar and Singapore Slot 3: Tuntutan dalam Perceraian 30 Nov 2012 at the Johore Bar Auditorium. Law Society Games was held on 3 Nov Penceramah: Fahmi b Osman This event carried two CPD points. The 2012 at IOI Palm Villa Golf & Country speakers were V Sithambaram and Baljit Resort, Kulai. The Johore Bar played host Program tersebut telah disertai lebih Singh Sidhu. There were 32 participants. to this edition of the Games. Three games, kurang 100 orang peserta. namely, golf, pool and badminton were Training on the Yayasan Bantuan Guaman played. The Law Society of Singapore Sijil Annual Workshop yang dianjurkan Kebangsaan scheme was held on 1 Dec emerged as winners. oleh Bar Council Malaysia telah diadakan 2012 at the Johore Bar Auditorium. This pada 4 Okt 2012 di Amanpura Hotel (SP event carried five CPD points. The speakers Inn) Sungai Petani, Kedah, yang dihadiri were Harleen Kaur and Ravinder Singh. oleh 81 orang peserta yang terdiri daripada peguam, pelatih dalam kamar dan kakitangan firma guaman. 46 Praxis JAN-MAR 2013 State Bar News

Study Trip to Turkey pada 12 hingga 23 Okt 2012 (12 hari, sembilan malam) yang dianjurkan oleh Jawatankuasa Sosial dan Kebajikan Peguam telah disertai oleh 11 orang peguam termasuk pasangan.

Suatu taklimat mengenai pelaksanaan Aplikasi Biometrik, Secured Land Management System (Selamat) di Jabatan Tanah dan Galian Perlis pada 26 Nov 2012, di Bilik Mesyuarat Jabatan dan Galian Perlis, Kangar, telah diadakan dan dihadiri oleh peguam-peguam dan kakitangan firma guaman.

Kelantan Bar Committee

Most of Kelantan Bar Committee’s programmes from October to December 2012 were based on continuing legal education. The Kelantan Bar Continuing Legal Education Subcommittee (“CLE”) organised two professional development programmes for young lawyers and pupils in chambers.

Kelantan Bar members participated in a seminar on Wacana Pendidikan Fatwa at Dewan Jubli Perak, Panji Kota Bharu, Kelantan, on 9 Oct 2012. The seminar was organised by Jabatan Mufti Negeri Kelantan, and Majlis Agama Islam dan Adat Istiadat Melayu Kelantan (“MAIK”). On 15 Oct 2012, CLE organised a talk on the Anti-Money Laundering Act (“AMLA”). The response from the members was good for both seminar and talk.

Mahfuzah b Mahmud, Chairperson of the Kelantan Legal Aid Centre, carried out a law awareness programme at various locations. Volunteers from Kelantan Bar were able to reach out to a diverse group of the community to create awareness of their rights under the law.

In early April 2012, “Tabung Kebajikan Kelantan Bar” was launched by the Kelantan Bar Chairman, Abdullah b Hamzah. This social responsibility programme fund is to help underprivileged families. On 15 Oct 2012, he and Alawi b Mohd Rashid, Chairperson of Kelantan Bar Social and Welfare Committee, handed the funds to five underprivileged families for their daily basic needs and medical care.

Getting ready to go back to school often conjures images of new uniforms, colourful school bags, new pencil cases and excited chatter with friends. Sadly, this most basic childhood experience does not happen for all children. On 1 Jan 2013, the Bar Council Islamic Finance Committee (“IFC”) and the Kelantan Bar Committee co-organised a Back-to-School Charity Drive as part of the IFC social responsibility programme in a bid to help underprivileged families to meet their school-going children’s basic needs. The event was held in four selected schools. The happiness on the faces of these selected students was apparent when the Kelantan Bar Representative to Bar Council, Norazham b Yahaya, handed them new uniforms.

A member of the Kelantan Bar, Nor Nazila bt Nik Lah, passed away on 17 Dec 2012 at Hospital Raja Perempuan Zainab II, Kota Bharu, Kelantan. Her death came as a shock to Kelantan Bar members. Our community in Kelantan is deeply saddened by her sudden departure. The late lawyer was a quiet and an unassuming person who kept to herself and her close circle of family, friends and colleagues. She was a humble person and it was not difficult for everyone to regard her as a friend. She was considerate, understanding, sensitive and caring. Nor Nazila leaves behind her beloved husband and a two-month-old daughter. Members of the Kelantan Bar offer their heartfelt and sincere condolences

Praxis JAN-MAR 2013 47 State Bar News

to the family, friends and colleagues of the and “Using and Interpreting the of charge, to prepare young lawyers to late Nor Nazila bt Nik Lah. May her soul Constitution”. handle the demands of such cases and to rest in peace. On 18 Dec 2012, Abdullah encourage the use of strategic litigation b Hamzah presented donations collected The KL Bar Criminal Practice and to promote human rights. The second for her family. Professional Development Committees, session was held on 22 Sept 2012 at the and the Bar Council Criminal Law KL Bar Auditorium. 26 participants were Kuala Lumpur Bar Committee Committee jointly organised the Seminar trained by Edmund Bon, K Shanmuga and on Criminal Appeals to promote the Syahredzan Johan. The third session was The Young Lawyers Committee jointly practice of criminal litigation. It was held held on 3 Nov 2012 at the same place. organised a visit to the Orang Asli on 8 Sept 2012 at the KL Bar Auditorium 23 participants were trained by Honey Tan Settlement at Kg Bertang, Pahang, on 2 and the presenters were Hisham Abdullah Lay Ean, Aston Philip Paiva and Shanmuga Sept 2012, with Project Light a Home. It @ Teh Poh Teik and Gurbachan Singh Kanesalingam. was a run-up to the Charity Night 2012. a/l Bagawan Singh. There were 91 The villagers were given groceries, courtesy participants. The fourth Introductory Workshop to of the collection from the Social, Arts and Dragon Boating, organised the KL Bar Culture Committee’s Go-Kart Race held Lee Lin Li and Sudhar Thillainathan Young Lawyers Committee, and Social, on 7 Aug 2010, and Nokero light bulbs, from Messrs Shook Lin & Bok presented Arts and Culture Committee, was held courtesy of Project Light a Home. the Seminar on An Introduction to on 23 September 2012 at the Putrajaya Competition Law, on 13 Sept 2012 Maritime Centre. The final workshop was Organised by the KL Bar Pupils Welfare at the KL Bar Auditorium. The topics held on 28 Oct 2012 at the same venue. Committee, the Pupils Introduction included “Competition Law and Session for September was held on 5 Sept Policy”, “Competition Act 2010” and The Selangor Land Office called for a 2012. Attended by 84 pupils, the session “Competition Commission Act 2012”. meeting with Bar Council, and Selangor was led by Harleen Kaur and Ravin Singh. There were 61 participants. Bar and Kuala Lumpur Bar Committees Pupils were briefed on the structure and on 25 Sept 2012 to discuss and organisation of the Malaysian Bar and the Brendan Navin Siva from Messrs Brendan coordinate the registration of cases at Kuala Lumpur Bar (“KL Bar”), the election Siva presented the Seminar on the Basics of the Land Title Registry. The meeting was to both the Bar Council and the KL Bar Cross-examination in Civil and Commercial attended by officers representing nine Committee, and selected highlights of the Trials, on 20 Sept 2012 at the KL Bar land title registries in Selangor. The Bar Malaysian Bar. It included a session for Auditorium. The seminar was designed was represented by Tuan Haji Murad pupils to raise the issues and problems they to teach the basics of cross-examination (Co-Chairperson of the Bar Council face during in their work. Some of the and impart useful lessons and pointers Conveyancing Practice Committee), issues raised include the time-consuming to young advocates on the subject. The Agnes Chan (Chairperson of the KL Bar filing at the court registry, different floors topics included “The Objective and Corporate and Conveyancing Practice for payment and filing counters, and court Purpose of Cross-examination”, “The Committee) and Selangor Bar Committee staff being unaware of the new Rules of nature of Cross-examination in Civil members. Court forms. The session for November and Commercial Matters”, “Common was held on 7 Nov 2012. Attended by Mistakes during Cross-examination” and The KL Bar Pupils Welfare Committee 76 pupils, it was led by Harleen Kaur and “Practical Tips for Young Lawyers”. There organised a Civil Litigation Workshop for Jason Kong. Some of the issues raised by were 86 participants. pupils on 25 Sept 2012. Presented by the pupils at this session were rude court Mohd Izral Khairy, the workshop focused staff, QMS, BM Exemption Certificate and S Saravana Kumar from Messrs Lee primarily on the practical aspects of locus. Hishammuddin Allen & Gledhill presented handling a brief covering “Opinion-writing the Seminar on Tax Deductions for Business Exercise”, “Drafting of Pleadings Exercise” Trevor Jason Mark Padasian from Messrs Promotion Expenses on 21 Sept 2012 at and “Presenting a Case in Court”. 56 Skrine presented the Seminar on the the KL Bar Auditorium. The topics included pupils attended the workshop. Fundamentals of Bankruptcy Proceedings, “NV Alliance v KPHDN: The Deductibility on 6 Sept 2012 at the KL Bar Auditorium. of Sales Incentives Payments?”, “Eli-Lily The KL Bar Committee sponsored 10 The seminar covered the topics of Malaysia v KPHDN: Are Business Promotion members and pupils to attend the Bankruptcy Principles, Bankruptcy Expenses Entertainment Expenses?”, and International Malaysian Law Conference. Practicalities and Relationship to Winding “ME v KPHDN: Provision of Free Legal The Conference was organised by the Bar up Proceedings, and was attended by 45 Fees for SPA and Loan Agreement – Is Council and held at the Kuala Lumpur participants. That Entertainment?” There were 46 Convention Centre from 26 to 28 Sept participants. 2012. Mahaletchumi Balakrishnan from Messrs Sreenevasan presented the seminar on The KL Bar Young Lawyers Committee The Young Lawyers Committee organised Constitutional Law on 7 Sept 2012, at the (“KLYLC”) established a Public Interest an Introductory Session to the Legal KL Bar Auditorium. She was assisted by Litigation Unit (“PILU”) in association with Profession for Law Undergraduates to Leong Yeng Kong, Joanne Leong, Nimalan the Malaysian Centre for Constitutionalism provide insights into the legal profession. Devaraja and Lingswaran Singh. This and Human Rights (“MCCHR”). In The session was held at the Raja Aziz seminar was free of charge and attended line with this, a series of Public Interest Addruse Auditorium at the Bar Council. by 57 participants. Topics included “A Litigation workshops have been organised The topics included “Myths and Realities Brief Outline of the Federal Constitution”, for members of PILU on the basics of of Practice” by Brendan Navin Siva, “Recent Constitutional Issues in Malaysia” strategic public interest litigation, free “How do I Better Prepare for Practice in

48 Praxis JAN-MAR 2013 State Bar News

Law School” by Daniel Joseph Albert, “Essential Clauses Found in a Sale and a Professional Image, a workshop and “History, Role and Relevance of the Purchase Agreement”, “How to Fill up conducted by Bobbi Brown Cosmetics for Malaysian Bar” by Lim Chee Wee. 136 the Relevant NLC Forms” and “Practical women lawyers on 24 Nov 2012 at the participants from Advanced Tertiary Pointers for the Conveyancing Lawyer”. Bobbi Brown Training Room, Mid Valley College (“ATC”), Brickfields Asia College There were 51 participants. Megamall. The workshop focused on the (“BAC”), KDU University College, HELP importance of projecting a professional University College, and INTI International The KL Bar Criminal Practice Committee image with tips on how to apply University (Nilai) attended the session. Chairperson, Amrit Pal Singh, attended appropriate make-up for a professional a meeting on 23 Oct 2012 with KUP look. There were 15 participants. Rishwant Singh from Messrs Zul Rafique & Selangor and Kuala Lumpur. It was Partners presented the Seminar on Online organised by the Selangor Bar Committee. The KL Bar Pupils Welfare Committee and Defamation on 4 Oct 2012 at the KL Bar It was a cordial meeting with discussions Criminal Practice Committee organised Auditorium. The topics included “Online on how all parties can work hand in hand a Workshop on Criminal Litigation for vs Traditional Defamation”, “Publication”, in and ensure justice is served to all. pupils on 28 Nov 2012. Conducted by “Republication”, “The Cause of Action”, Amrit Pal Singh, the workshop focused “Hyperlinks” and “Section 114 Evidence The “Talk on Robes, Bibs and Heels, on the practical aspects of handling a Act 1950”. There were 39 participants. Balancing Legal Practice with Family” criminal brief covering “Client Interview”, was organised by the KL Bar Practitioners’ “Mitigation”, “Bail Application” and “Trial Organised by the KL Bar Pupils Welfare Affairs Committee (“PAC”) on 31 Oct Process”. There were 16 participants. Committee, the Pupils Introduction Session 2012, at the KL Bar Secretariat. 12 for October was held on 10 Oct 2012. participants attended the talk, which was PAC launched its Mentoring Circle The session was led by Harleen Kaur and presented by Anit Kaur Randhawa and Programme by organising an Inaugural Jason Kong. The Chairman and members Goh Siu Lin. Participants rated the talk as Mentoring Circle Dinner on 28 Nov 2012 of the KL Bar Committee were there to excellent and informative and requested at Chef & Brew. The objective of the provide input and possible solutions. the PAC to organise talks of a similar programme was, inter alia, to create an Some concerns raised by the pupils at this nature in the future. informal group where professional and session were pupils’ allowance, rude court social guidance, and support from senior staff, and limited exposure. There were 82 Jeremiah Gurusamy from Messrs Arianti members of the Bar may be given to young pupils in attendance. Dipendra Jeremiah presented the Seminar practitioners. The dinner was attended by on Drafting Commercial Contracts 101, 17 participants. Chooi Kum Ying, a certified financial on 5 Nov 2012 at the KL Bar Auditorium. planner, presented the Workshop on Ken Tan Yong Xu moderated the seminar, The KL Bar Information Technology and Financial Planning, on 17 Oct 2012 at the which included these topics: “Dealing Communications Committee, Messrs KL Bar Auditorium. The topics included with Compliance and Regulatory issues”, RamRais and Partners presented a “Financial Planning”, “Making it Work”, “Scoping the Transaction”, “Drafting dialogue on the Benefits of Alternative “Insurance”, “Investment Projection” and Techniques”, “Understanding Key Dispute Resolution for Intellectual Property “Investment Evaluation”. This workshop Provisions”, “Boiler Plate Clauses” and and Information Technology Disputes by was free of charge and attended by 45 “Common Mistakes and Pitfalls”. There Erik Wilbers, Director of World Intellectual participants. were 124 participants. Property Organization Arbitration and Mediation Center (“WIPO”), and Leandro Mervin S Singhe presented the Workshop The KL Bar Criminal Practice and Emilio Toscano, Representative of WIPO on Voice Enrichment on 18 Oct 2012 at Professional Development Committees, Arbitration and Medication Centre in the KL Bar Auditorium. The topics included and the Bar Council Criminal Law Singapore, on 29 Nov 2012 at the KL “Successful Communication”, “Highlights Committee jointly organised the Bar Auditorium. The topics included “An of Speech” and “Demonstrative Workshop on the Art of Criminal Cross- Introduction to WIPO and the Mediation Exercises”. There were 33 participants. examination on 10 Nov 2012, at the KL Centre”, “WIPO ADR Options”, “WIPO Bar Auditorium, to promote criminal Model Clause Examples”, “WIPO Case Malik Imtiaz Sarwar presented the litigation. Athimulan Muruthiah, a senior Management”, “WIPO Types of Disputes” Seminar on Protection of Constitutional criminal law practitioner from Penang, and “Examples of WIPO Mediation Rights on 20 Oct 2012 at the KL Bar presented. The workshop was moderated and WIPO Arbitration”. Foong Cheng Auditorium. It was co-organised by the by Amrit Pal Singh and assisted by Rajpal Leong moderated the session which was KL Bar Criminal Practice Committee, Singh. There were 56 participants. attended by 29 participants. Professional Development Committee and the Bar Council Criminal Law Committee Meera Samanther of the Association of Charity Night 2012 to promote criminal litigation. There were Women Lawyers (“AWL”) and Betty Yeoh 52 participants. of All Women’s Action Society (“AWAM”) Arguably the largest event in the Young presented the Talk on Sexual Harassment Lawyers’ calendar, the Charity Night is The KL Bar Pupils Welfare Committee on 20 Nov 2012 at the KL Bar Auditorium. an annual event organised by the Kuala organised a conveyancing workshop for The talk was moderated by Goh Siu Lin. Lumpur Young Lawyers Committee pupils on 23 Oct 2012. Presented by There were 74 participants who attended (“KLYLC”) to raise funds for social causes. Michael Leow Yon Meng, the workshop this free talk. Charity Night 2012 was held on 12 Oct focused on practical aspects of handling 2012 at Club Neverland, Jalan Kia Peng. a conveyancing brief. The topics included The KL Bar Practitioners’ Affairs Committee “Overview of the Conveyancing Process”, organised a second session of Projecting

Praxis JAN-MAR 2013 49 State Bar News

The Charity Night is an event that utilises a multi-faceted The Malacca Bar Committee sponsored five of its young lawyers mechanism to raise funds. The first and second methods and pupils in chambers to attend the International Malaysia Law generate proceeds via ticket sales and donations from various Conference 2012. The five are Andrew Law Ching Hui, Tan Yen law firms. The third is quite a novel one; all performances at the Siang, Norfazlinda, Melody Tay Shiru and Jessie Koh Mei Hui. Charity Night are by lawyers, and the winning performance is determined by the amount of donations that that performance On 5 Oct 2012, the Malacca Bar Legal Aid Sub-Committee generates. These proceeds are collected via donation boxes (with organised a training session in Malacca Court Complex for the performance/performers’ names). The venue, was fitted with YBGK Lawyers and pupils. It was conducted by Sessions Court dazzling stroboscopic lights, surround sound, a larger-than-life Judge, Puan Zaharah b Hussain and Registrar of the Magistrates stage and a floor space that easily accommodates a crowd of 700. Court, Tuan Kanasan a/l Vellu. The objective of the training is to equip YBGK volunteer lawyers with skills in conducting hearings The recipients of the Charity Night 2012 proceeds went to Project for remand and bail. More than 30 participants attended the Light a Home. training.

Project Light a Home is a community project that is aimed at On 13 Oct 2012, YLCP organised a morning jog at the Botanical providing solar-powered bulbs for Orang Asli communities that Gardens in Ayer Keroh, Malacca, in conjunction with World do not have electricity. These communities are dependent on Mental Health Day, to promote a healthy lifestyle among kerosene lamps to provide light, which are costly, hazardous members. More than 14 participants turned up on that day. to health, a huge fire risk. Cheryl Teh of Project Light a Home presented the deplorable condition of these communities and On 19 Oct 2012, the Professional Practice and Development Sub- their mission to improve it. Committee organised a talk on intellectual property at Malacca Straits Hotel. The speaker, Damian Yeo Shen Li, shared his After the presentation, there were seven performances from The knowledge and experience with more than 50 participants. Two Cexy Lawyers Crew; Kishore, Arif and Nizam; Fang Lay Har; The CPD points were given those who attended the whole session of Usual Suspects; Your Mama; The SYB; and Oh My Swag. the talk.

Oh My Swag was the best performance of the night with their On 27 Oct 2012, the Malacca Bar YLCP Go Kart team (“MYLCP”) hilarious rendition of Beyonce’s Single Ladies dance and the first took part in the third round and Grand Final of Formula NYLC runner-up, The Usual Suspects, serenaded the crowd with their Inter-State Go-Kart Challenge, which was organised by the version of “Don’t Look Back in Anger”, “Ironic”, and “Buses and National Young Lawyers Committee (“NYLC”) in Sepang Trains”. Second runner-up was The SYB who brought the house International Kart Circuit. Mohamed Musthafa and Michael Tan down with “Zombie”, a 1994 smash hit by the Cranberries. clinched the Second Runner-up title.

Charity Night 2012 sold 968 tickets and a record collection of On 31 Oct 2012, the Malacca Bar Committee organised an RM32,905.50. appreciation dinner for members and pupils who contributed to the organising of the annual dinner, volunteered for YBGK duty May the proceeds bring rays of renewable light to the Orang Asli and also for being involved in the publishing of the Malacca Bar community! newsletter, Re:Lex.

Malacca Bar Committee On 3 Nov 2012, the Malacca Bar hosted the annual MMA- Malacca Bar Games at the Malacca Club Sports Complex, Tanjung On 13 Aug 2012, the Malacca Bar Young Lawyers and Chambering Kling, Malacca. Malacca Bar lost 2-1 at squash and football but Pupils Sub-Committee (“YLCP”) organised a “Majlis Berpuka managed to win 2-0 at snooker and gained walkovers at table Puasa Bersama” at Kings Hotel Malacca. More than 45 members tennis and netball. It was a 3-3 draw for badminton. It was and pupils attended and broke fast with Muslim members. only after the deciding game of boat race that Malacca Bar was declared overall Champion for the second consecutive year. On 18 Sept 2012, the Publication Sub-Committee of Malacca Bar revived the state Bar publication and published the first On 9 Nov 2012, the Professional Practice and Development issue of Malacca Bar newsletter – Re:Lex 1.0 2012. Copies were Sub-Committee organised a talk on Real Property Gains Tax at distributed to 570 members of Malacca Bar, State Bars and Bar the Urban Transformation Centre. More than 104 participants Council, pupils and sponsors. comprising pupils, members and non-members attended the talk. N Rajagopal and K Kanthaiah were invited as speakers and the On 22 Sept 2012, the Social Sub-Committee of the Malacca Bar session was moderated by Chee Kong Chi. Two CPD points were organised the Malacca Bar annual dinner at the Renaissance given to participants who attended the whole session of the talk. Hotel, Malacca, with the theme “Las Vegas Night”. The High Court Judge, YA Dato’ Zulkifli b Bakar and Judicial Commissioner On 23 Nov 2012, young lawyers and chambering pupils in Malacca YA Datuk Abdul Karim b Abdul Jalil, were Guests of Honour. had a dialogue with the Chairperson of the NYLC, Richard Wee The Malacca Bar Committee presented the first “Outstanding Thiam Seng on the Working Condition Survey Report which Malacca Bar Personality Award” to Norfazlinda Alimad, a member was published recently by the NYLC. More than 40 participants of the Malacca Bar Legal Aid Sub-Committee, for her tireless attended the dialogue. The dialogue was moderated by Desmond contribution and active participation in legal aid, Yayasan Bantuan Ho Chee Cheong. Apart from Richard, Wong Fook Meng and Guaman Kerajaan (“YBGK”), sports and other activities organised Mohd Fadil b Mohd Yusof were also invited as guest speakers. by the Malacca Bar. The Bar Council Secretary, Tony Woon and The dialogue, which was organised by YLCP, kick-started Jelajah Treasurer, Steven Thiru, were among the guests at the dinner. 2.0, a key NYLC project reaching out to the grass roots of the Bar for meaningful dialogues between young lawyers in every state.

50 Praxis JAN-MAR 2013 State Bar News

On 28 Nov 2012, the Malacca Bar Committee sent five of its members, Desmond Ho, Jason Kay, Leong Zhi Hong, Andrew Law Ching Hui, and Tan Yen Siang to the Young Lawyers Training (with a focus on the Fundamentals of International Legal Practice), which was co-organised by the Bar Council and International Bar Association at the Raja Aziz Addruse Auditorium at the Bar Council. Participants had the chance to interact with members of the International Bar Association.

On 1 Dec 2012, the Malacca Bar Human Rights and Contemporary Issues Sub-Committee and the Multimedia University Law Society jointly organised a “MyConsti” programme at the Multimedia University Malacca campus. The chairperson of the Bar Council Constitutional Law Committee, Syahredzan Johan, Co-Deputy Chairperson Firdaus b Husni and Melissa Sasidaran were invited to speak to more than 150 participants comprising young lawyers, pupils and law students on the Constitution.

Negeri Sembilan Bar Committee

The Negeri Sembilan Bar (“NS Bar”) CLE Sub-committee has been very active with talks on Fire Safety, Anti-Money Laundering, the Competition Act and more. Johan Sahar from Bank Negara Malaysia (“BNM”) spoke on the matter of BNM’s form requirements under AMLATFA. The talks on the Rules of Court 2012 (Parts 1 and 2) incorporating the latest amendments were delivered by Manian Raju and Krishna Dallumah on 19 and 30 Nov 2012, respectively.

The Social Sub-Committee, at the behest of the main committee, was given the task of reviving the festival events, which used to be held by the NS Bar. The Social Sub-Committee began its task by organising a superb Hari Raya function on 7 Sept 2012 which was fully sponsored by the Muslim members of the NS Bar. The area outside the NS Bar building was well decorated, there was an abundance of delicious food, and members and guests were entertained by the Seremban 2 primary school dance team and a DJ.

A joint Deepavali-Christmas event was held on 7 Dec 2012. It was fully sponsored by the Hindu and Christian members of the NS Bar. The building was transformed into a celebratory building with Deepavali trimmings and decorations as well as Christmas trees and bright LED lights. The menu included Deepavali- and Christmas-themed food, with food stations serving hot thosai, ABC, roast lamb, and more. Many senior members of the NS Bar, including Gurdial Bakan Singh and Amir Ismail, were present.

The Sports Sub-Committee held the Ng Chin Chai Badminton Tournament at the Rasah Camp Hall on Saturday, 6 Oct 2012. This turned out to be a very tiring but fun day where members of the NS Bar and their family turned out to play in various categories, such as men’s singles, ladies’ singles, doubles and mixed doubles. Ng Chin Chai, Secretary General of the Badminton Association of Malaysia, gave out the trophies to the winners.

The NS Bar Family Day-Dinner 2012 was held at the Regency Tanjung Tuan Resort in Port Dickson on 3 Nov 2012. This was the first time in several years that the NS Bar Social Sub-Committee organised an informal event for the Annual Dinner and Dance. The event was attended by approximately 70 to 80 members of the NS Bar and their family. Games were organised for both children and adults. Those who participated had lots of fun and rewarded with trophies. The dinner, which was originally planned to be barbeque at the beachside, had to be moved to the

Praxis JAN-MAR 2013 51 State Bar News

poolside veranda due to rain. Members with Mahkamah Kuantan, Perundangan • Capital Punishment Trial – Advocacy were entertained by a Filipino band with Kuantan and Persatuan Jurufoto Kuantan. Skills by Ahmad Nizam Hamid, Messrs two attractive and sporting lady singers Sazali & Lim, Temerloh who had gotten the crowd singing and On 12 Sept 2012, a seminar entitled dancing along. Members of the NS Bar “Pengenalan Undang-Undang dan Kerjaya • Trademarks by Ng Boo Jek, Messrs Au Committee were invited to sing some Peguam” was conducted by Mohd Irwan Yong, Ng & Ngok, Kuala Lumpur songs and perform the “Gangnam style” Muzakkar Umar of Messrs Sazali & Lim, dance, which is, admittedly, a good Jerantut, and Mohd Suhaimi Ismail rendition. The highlight of the evening of Messrs Zainy & Partners, Kuantan, • Appellate Court Advocacy by Bastian was the magic show by the illusionist at Dewan Kuliyyah Addin in Pekan to Pius Vendargon, Messrs Bastian Moudini, who is scheduled to appear introduce form-six students to the legal Vendargon on national TV (rumour has it that he profession. will make the Petronas Twin Towers • The Art of Cross Examination by disappear). Moudini’s performance The Continuing Legal Education Sub- Gainneos Jacob Goldie, Messrs Jacob thrilled not only the children but also Committee organised the following talks Goldie S.S. Chew senior members of the NS Bar. from the beginning of October to the end of November 2012: On 24 Nov 2012, the Pahang Bar Social Pahang Bar Committee Welfare Sub-Committee organised a • Undang-Undang Pengambilan Tanah treasure hunt. 24 participants were The Pahang Bar Committee threw a by Rozilan Abdul Rahman, Messrs Tan challenged with games and puzzle- “Jamuan Raya Aidilfitri” in conjunction Kong Hai & Tui solving activities at various checkpoints with Hari Raya, at Sri Manja Boutique from Mahkamah Syariah Kuantan to the Hotel Indera Mahkota, Kuantan, on 1 Sept • The Extent of the Applicability Esplanade, Taman Gelora, and the beaches 2012. of a Restriction in Interest to the along the coastline stretching from Teluk Chempedak to Pantai Batu Hitam, before Devolution Process for Immovable From 19 to 21 Oct 2012, the Bar Council ending at Pantai Cherating. The winner Professional Standards and Development Properties by Kevin Kam Soon Aun, was rewarded with a microwave oven. All Committee conducted the Advocacy Messrs Larry & Kevin participants left with souvenirs. Training Course at Kompleks Mahkamah Kuantan. Young lawyers and pupils in • Remand, Charge and Bail by Rizal Che Penang Bar Committee chambers were taught the finer points of Hashim, Messrs Rizal Hashim Zaki & advocacy by esteemed trainers from the Jehan September 2012 was a busy month for the Bar and the Bench such as Mary Lim, Ravi Penang Bar, with talks, sporting and social Nekoo, Brendan Navin Siva, Serene Ong, A • Accident Matters by Muhamed Arif events taking centre stage. First up was Ramanathan and Ong Siew Wan. Mahindar, Messrs Mahindar Singh & the Talk on Opinion Writing, conducted Co by law lecturer and former Member of the In the month of November 2012, the Bar, Abu Haniffa b Mohamed Abdullah, Pahang Bar held friendly football matches on 6 Sept 2012.

52 Praxis JAN-MAR 2013 State Bar News

Next was the annual Hari Raya Dinner on view of ensuring a constant good working by the attendance of DYMM Pemangku 8 Sept 2012 at the Bayview Georgetown relationship between the Bar and the Raja Perak Darul Ridzuan Raja Dr Nazrin Hotel. This year’s theme, “Pertemuan Dua Syariah Courts. Shah Ibni Sultan Azlan Muhibbuddin Zaman”, showcased performances by 80’s Shah; DYTM Raja Puan Besar Perak Darul pop legend Jay Jay, and noughties indie- On 20 Oct 2012, the Penang Legal Ridzuan Tuanku Zara Salim; YAB Dato’ rock star Radhi of OAG. Approximately Aid Centre hosted the annual James Seri Diraja Dr Zambry b Abdul Kadir, 400 members of the Penang Bar and Richardson Logan Memorial Event at Menteri Besar Negeri Perak Darul Ridzuan; their guests, and invited members of the the Penang Club. Approximately 100 YA Dato’ Jeffrey Tan Kok Wha, Managing Judiciary attended this much-anticipated guests attended this event, which was Judge of Perak Darul Ridzuan, and his event. held to honour James Logan, a foreigner spouse; Christopher Leong, Vice-President who fought for the rights of the locals in of Malaysian Bar (representing Lim Chee The following week featured back-to-back nineteenth-century Penang. Wee, President of Malaysian Bar); YA talks; the first was a briefing on AMLATFA Dato’ Zainal Adzam b Abdul Ghani, Chief conducted by officials from BNM on 12 As a prelude to the Ethics and Professional Judge of the High Court in Ipoh; and other Sept 2012. This was followed by a talk Standards Course, a briefing for pupils in judges and dignitaries. on Malaysian Competition Law on 13 Sept chambers was conducted by Malaysian Bar 2012, by James Huntzen Ong and author Member, Hendon Mohamed on 23 Oct The evening commenced with the Perak Gavin Gore-Andrews. Both talks received 2012 with about 30 pupils in attendance. Bar Committee Chairman Vivekanandan good response. The course was held on 2 and 3 Nov 2012, AMS Periasamy giving his inspiring speech and conducted by six lecturers: Petra Oon, on the ambitions plans of the Perak Bar. The Perak Bar Committee played host to Tho Su-Fen, Abdul Fareed Abdul Gafoor, This was followed by a sumptuous ten- the annual Penang-Perak Bar Games on Ong Kheng Leong, T Tharuma, and course dinner, accompanied by a music the weekend of 14 and 15 Sept 2012. As Mohamad Ezri Abdul Wahab. performance from Perak Bar members always, the games were played in the best Jude Pereira and Dexter Mah. Junior spirit of sportsmanship and camaraderie. On 23 Nov 2012, a reference for five members also contributed with their Despite having to skip one event due to a departed Members of the Bar was held comedy sketch entitled “Lady Justice”. lack of players, the Penang Bar emerged at the Penang High Court and presided victorious to retain the Challenge Trophy. by Justices Dato’ Varghese a/l George The event was thoroughly enjoyed by the Varghese, Nurmala bt Salim and Mohd 400 members who attended. The Perak On 21 Sept 2012, members of the Criminal Amin Firdaus b Abdullah. The Members Bar Committee would like to congratulate Law Subcommittee met with the Criminal for whom the reference was held Janet Wong, the Chairperson of the Social Subordinate Courts to discuss, once again, were M Thanggaya, Cheah Wei-Lin, N Subcommittee for organising the event the grounds for cases being postponed. Shanmugam, Gan Teik Chee and Anuar b successfully; and all members who helped Several issues were discussed together Saliaman. A tea reception, hosted by the to make it a wonderful evening. with the Deputy Public Prosecutor’s office Penang Bar Committee at the High Court and the police. Bar Room, was held after the reference. Selangor Bar Committee

The final event for September was the On the same afternoon, a talk on the In the last quarter the Selangor Bar highlight of the Penang Bar’s yearly social new Minimum Wage Act was held and Committee organised seven talks and calendar, the Annual Dinner and Dance. conducted by Director of the Penang seminars as part of our continuing legal This year’s event, themed “Spy Night”, Labour Department, Hoe Lean Fatt, and education initiative, on the following was held at the grand G Hotel. Several was attended by more than 80 members topics: sporting guests were dressed as their of the Penang Bar. (1) Trademark – Cuckoo In The Nest by favourite spy or villain. The night’s main Bahari Yeow (21 Sept 2012) performers were Allen Pereira and Indy To round off 2012, a record number of (2) Loan Documentation by Sumathi Nadarajah of the “Comedy Court”, and three talks were scheduled for the month Murugiah (12 Oct 2012) music was performed by a local jazz band. of December. First up was a talk entitled (3) Setting Aside Illegal and Void “Mediation Works!” on 6 Dec 2012 Contracts by Vishnu Kumar (19 Oct A series of four conveyancing talks were by Penang High Court Judge, Justice 2012) held throughout the month of October Varghese George a/l George Varughese (4) Order For Sale by Lew Chee Seong (2 and beginning of November 2012. Each and member of the Penang Bar, Petra Nov 2012) session had two speakers, all of whom Oon. It was enlightening to understand (5) Basic Conveyancing Practice – are senior conveyancing practitioners, the significance and role of mediation Procedural and Substantive Laws, presenting various topics ranging from from the Bench’s viewpoint, and to know Rules and Regulations by Andrew loan documentation to the conveyance of what the Courts are doing to promote Wong (9 Nov 2012) trust properties, and to Islamic financing it. This event received more than 100 (6) Law and Forensic Computer by for purchase of properties. This talk series attendees comprising members of the Mokhtiar Singh (23 Nov 2012) was well received by members of the Penang Bar, pupils and representatives of (7) Law on Legacies and Inheritance Penang Bar as well as other State Bars. the Penang Judiciary. for Muslims and Non-Muslims: The Islamic Perspective for Takaful and On 9 Oct 2012, members of the Syariah Perak Bar Committee Insurance Industry by Tuan Haji Subcommittee paid a Courtesy Call on the Nordin Yusof (30 Nov 2012) Penang Syariah Court Chief Judge and The Perak Bar Annual Dinner was held legal officers. Various issues were raised on 20 Oct 2012 at the Royal Perak Golf The Legal Aid Centre gave two talks in and discussed at the meeting with the Club in Ipoh. The gala event was graced this period. On 30 Oct 2012, the Centre

Praxis JAN-MAR 2013 53 State Bar News

spoke to Rotary Club of Shah Alam on “Rights against Police Arrest”, and on 30 Nov 2012, to UKM students at their Legal Aid Workshop on “Interviewing Clients and Preparing Case Brief”.

Participation for all Talks and Seminars were overwhelming.

An introduction session and legal aid training was held for pupils on 17 Oct 2012. Pupils were introduced to the role and activities of the Bar, briefed on their duties and the various legal aid programmes available for their participation, and given an explanation on the preparation and filing of pupillage cause papers.

The Selangor Legal Aid Centre carried out an outreach programme at Kampung Orang Asli Sungai Jang, Kerling, Hulu Selangor, on 13 Oct 2012. Our volunteers gave legal advice to approximately 20 families of the Semelai tribe, particularly on ancestral land, employment, Employees Provident Fund (“EPF”) and Social Security Organization (“SOCSO”) contributions, and issues on incorrect particulars in the identity card. The Selangor Bar Committee collected donations and clothes, which were used to purchase provisions for these families, from members.

The Legal Aid Centre also set up a law awareness booth at the Universiti Kebangsaan Malaysia (“UKM”) Convocation Carnival from 19 to 23 Oct 2012. Our volunteers reached out to diverse groups of the community to create awareness of their rights under the law.

On 21 Sept 2012, the Selangor Bar Committee met the CPO of Selangor together with the heads of the crime, commercial crime, narcotics, and special branch departments. The police agreed to overcome court delays due to the absence of investigation papers, absence of IO and late registration of cases, by placing an officer in each district to monitor such issues as well as take disciplinary action on errant officers. In response to complaints that lawyers have difficulty contacting IOs at the police station, the police advised lawyers to contact the Head of CID for each district to address this. The police assured us that their investigations are based on facts and not influenced by politics, that there are no “road show” cases anymore and that they view such allegations seriously. They explained the steps taken to reduce crime, including extra patrolling, community policing and increasing police personnel.

On 5 Oct 2012, the Selangor Bar Committee met the Managing Judge of the Selangor Criminal High Court, High Court judges, registrars, Head of Prosecution and deputy public prosecutors (“DPPs”). The courts agreed to avoid unnecessary delay in criminal cases, manage cases after the first case management date, give earlier notice of changes in case management dates, and allow lawyers to get assistance from court-appointed interpreters for the purpose of interviewing foreign clients in court. Other issues discussed were the relocation of the case management room (bilik MJU) to the current auction room for lawyers’ convenience, the encouragement of plea bargaining by applying the guidelines in the Court of Appeal decision of Manimaran v PP, the granting of sufficient time for cross examination, and judges’ fairness and patience in conducting trials. The Courts assured us that there are directions for judges to hurry a trial or to push for early dates.

On 8 Oct 2012, the Selangor Bar Committee met the Managing Judge of the Selangor Civil High Court, High Court judges and registrars. The issues discussed were the need to improve the unstable e-filing system in Shah Alam, provide a back-up system

54 Praxis JAN-MAR 2013 State Bar News

for courts to accept manual filing when e-filing is down, provide The Selangor Bar Committee organised the Selangor Bar Games a uniformed method of obtaining dates for cases involving on 9 and 10 Nov 2012. Please read go to the Sports section for certificate of urgency, provide cause lists for non e-filing cases, the story. place a registrar at the filing counters to address issues on hand, allow lawyers to submit orally on dates fixed for hearing (despite Terengganu Bar Committee having filed written submission earlier); and the transition in implementation of the new Rules, and delay and mistakes in On 4 Oct 2012, Terengganu Bar held the fifth series of “Makan probate and LA cases. The Courts assured us that they will Saing Potluck”, where most of the members and pupils in respond on all issues raised soon. chambers came together to get to know each other and strengthen their bond. Most of the members brought traditional On 23 Oct 2012, the Selangor Bar Committee met the Attorney and famous Terengganu cuisines, such as keropok lekor, laksa General’s Chambers (“ATC”) of Selangor. ATC agreed that Terengganu, and nasi dagang. case management of High Court cases will be conducted before the judge from the beginning of November, and that the On 24 Nov 2012, the Terengganu Bar, the Terengganu judiciary reinstatement of trial after DNAA should be before the same and the police (Ibu Pejabat Kontinjen Terengganu (“IPK”)) jointly judge or magistrate. Other issues discussed were documents organised the “Perlawanan 3 Penjuru Piala YA Dato’ Haji Mohd not being served on lawyers before trial, submissions served on Yazid”. Three sports events – badminton, football and table lawyers before the hearing date, the commencement of plea tennis – were played. The judiciary was the overall champion for bargaining for sentencing, the making of immediate decisions winning the badminton and table tennis events, whereas the on plea bargaining, the DPP’s commencement of pre-trial Terengganu Bar won in football. conference (for issues to be resolved more quickly), the meeting of magistrates and DPPs in chambers without the presence of On 5 Dec 2012, the Terengganu Bar held another series of counsel, representations not being considered, the delayed “Makan Saing Potluck” to celebrate two senior officers’ (Rosniza delivery of Chemist Reports to court, and sentencing where Musa and Munirah Salleh) seventh year of service. As usual, “Binding Over” is given in the case of first offenders or young Terengganu’s famous dishes were brought by lawyers and pupils offenders in minor offences. ATC was also reminded that it is the in chambers. The programme was a splendid and gastronomical duty of the DPPs to inform an unrepresented defendant to obtain event. Yayasan Bantuan Guaman Kerajaan assistance. On 7 Dec 2012, the Terengganu Bar held a programme called On 9 Nov 2012, the Selangor Bar Committee met with the “Kacau Bubur Asyura”, in conjunction with Hari Asyura in the Managing Judge of the Selangor Subordinate Courts, Selangor Islamic month of Muharram. The programme was attended by Sessions Court judges and magistrates. The courts agreed that almost 20 lawyers and pupils in chambers. hearing dates should only be fixed on dates which are suitable to lawyers, that matters should not proceed in the absence of On 13 Dec 2012, a talk was jointly organised by Terengganu counsel, the reinstatement of trial after DNAA should be before Bar and Universiti Sultan Zainal Abidin (“UniSZA”) on the topic the same judge or magistrate, to provide a copy of the charge of intellectual property. The talk was given by Ng Boo Jek of sheet on request and oral application for stay after conviction Messrs Au Yong, Ng & Ngok. Held at UniSZA, it was attended by is given and heard. Other issues discussed were the delay of members of the State Bar, pupils in chambers and law students procuring notes of evidence and grounds of judgment, delay in from the Faculty of Law and International Relations (“FUHA”), extraction of judgments and orders, and touting in courts and UniSZA. criminal matters being called up early without notification. Terengganu Bar’s annual trip was held in Hapjai, Thailand, from The Selangor Bar Committee regularly met officers from the 21 to 23 Dec 2012. 12 lawyers participated in the trip, which Selangor Land Registry and Land Offices, and the Ketua Pengarah included visits to historical places. Tanah dan Galian at Putrajaya to address and resolve various conveyancing issues such as the implementation of Econsent2u, On 27 Dec 2012, the Terengganu Bar and UniSZA jointly and differing interpretation of certain provisions in the National organised a talk on “Pemahaman Undang-Undang Keluarga Islam Land Code. The Selangor Bar Committee had also met members dan Prosedur Tuntutan di Mahkamah Syariah”. The speakers of the Selangor State Government EXCO to raise concerns on were Dato’ Hj Amli b Embong, a senior syarie lawyer, and Hj Wan charges by developers on consent and administration fees, and Abd Malik b W Sidek, the Senior Registrar of Terengganu Syariah seek their assistance to standardise conveyancing practice and Court. The talk was conducted at Dewan Auditorium at UniSZA procedure across the state. and attended by members of the State Bar, pupils in chambers, and law students from FUHA. The Selangor Bar Annual Dinner and Dance was held on 6 Oct 2012 at Concorde Shah Alam. The theme for the night was On 29 Dec 2012, Terengganu Bar and the Terengganu National “Moulin Rouge”. More than 400 guests attended this social Young Lawyers held a bowling competition at Terengganu event and were treated to an entertainment-packed evening. Equestrian Resort Bowling Arena. There were 40 participants Notable highlights include performances by Comedy Court, consisting of senior and junior lawyers. Small Stones and the Moonwalker dancers. The Selangor Bar Personality Award was given to Sumathi Murugiah. The Legal Aid On 29 Dec 2012, the Terengganu Bar and the Terengganu Legal Award and the Sports Personality Award was given to Gunalan Aid Centre (“LAC”) were invited by the police (IPK) to participate Paramjothii and Alvin Neo, respectively. Lucky draw prizes ranged in a Crime Awareness Day at Gong Badak. The Terengganu Bar from hampers to a grand 32-inch LCD TV. Two special prizes and LAC operated a booth which was opened to members of the were given to the best-dressed male and female. Members left in public who sought legal advice. high spirits after an entertaining night with great prizes.

Praxis JAN-MAR 2013 55 This is the first book which deals solely with Construction Law in Malaysia. It is also the first book which discusses the new Construction Industry Payment and Adjudication Act 2012 (CIPAA). CIPAA as promulgated by Parliament this year through the intensive efforts of CIDB and related promoters Book Review will radically change construction practice in Malaysia.

Authored by two experienced and highly-respected

in Malaysia in construction law professionals, the book which is written in a Law Construction clear and concise manner provides an overview of the whole law relating to construction in this country as well as a detailed coverage of many of its important aspects. It is intended to be an authoritative and invaluable resource Construction Law for legal practitioners, construction professionals, contractors, developers, employers, students, as well as those requiring an insight into the law and practice of construction law. It supplements the many other books written on various aspects in Malaysia Construction Law inof constructionMalaysia law in Malaysia to date. The key elements of construction law that are considered include the Malaysian law and its administration, contract law, law of torts, key issues in construction contracts, Sundra Rajoo Datuk Sundra Rajoo and Ir Harbansimplementation of construction contracts, Singh financial issues in Harbans Singh KS

construction contracts, considerations as to time, suspension and determination, completion and finalisation of the contract, Review by Tan Sri James Foong construction claims and disputes as well as adjudication.

The book sets out and updates significant new developments KS Singh Harbans

in construction law and practice, including coverage of current Sundra Rajoo Rajoo Sundra contract procurement and implementation issues, dispute resolution and recent case law. The publisher of the “Construction Law in between employer and contractor and related Malaysia” claims that it is the first book which parties in a written construction contract be deals with the Construction Law in Malaysia resolved within a relatively short prescribed and is intended “to be an authoritative and period of time by an adjudicator and his invaluable resource for legal practitioners, decision can be enforced as a judgment. construction professionals, contractors, The main objective is to preventISBN 978-967-5040-96-2 holdups in developers, employers, students, as well as the construction process while waiting for those requiring an insight into the law and payment dispute to be settled. practice of construction law”. This reach is extensive, requiring the authors to deal with One other pertinent point expressed in not only the entire spectrum of construction this book is the liabilities of the “Contract law in this country but also to a readership Administrator” or “Superintending with varying degrees of understanding of Officer” (as he is sometimes called). This the subject. Inevitably some will find this principal personnel plays a vital role in the Though this book provides the reader with an book elementary in parts, while others may administration of a building contract where insight of the building process and practices consider it instructive. Confronted with this he approves and certifies numerous matters there is no mention of the recent and unenviable task of appeasing such a diverse in the course of construction and even worrying trend that consultants are late in group, the authors have taken great pains to after practical completion of the building supplying complete detailed building plans of begin each topic with some basic information by the contractor, his duty continues until every stage of work before commencement before moving on to details. Elaborations on he issues the “Final Payment Certificate”. of works by the contractor. Though generally each subject under discussion are supported Thus, effectively he controls payments to this should not happen until all detailed plans by local statutory provisions and case laws, contractors as well as the employer’s cash- of every stage are supplied but yet in reality both local and foreign. This is of great flow. In such an important position, he is since both contractors and employers are assistance to those researching this subject in expected to be impartial and independent. hasty to commence construction this is often Malaysian law. But what if he abuses it? What remedies are ignored. Often, this gives rise to disputes open to an aggrieved party? I am delighted between contractor and employer arising The book commences with the main source to note that the learned authors of this from the delay in the construction. I am of of law in Malaysia followed by a description book, aside from elaborating his duties and the view that this issue ought to be discussed of the court system, before moving onto the responsibilities, set out some of the remedies and remedies suggested to settle it. substantive laws covering the construction available to those affected by his breach and/ industry. A legal practitioner or a person or neglect; that he could be sued, penalised Nevertheless, on the whole, this is an excellent with a law degree may find this segment or even disciplined by the professional body book written by people in the know. Though elementary but he will soon realise the he belongs to. Hopefully, this will capture the there are a fair number of authoritative books applicability of these to the key issues attention of those involved to remind them on this subject in the market, they do not confronting the construction practice of their professional responsibilities; to ward focus solely on the applicability of the law in disclosed in the second section. For those off any challenges by a disgruntled party our local jurisdiction. With this publication, unfamiliar with the law, the contents here will accusing him of either leaning too favourably I expect many seeking knowledge and assist them in understanding the relevant laws towards the employer or of conspiring with information in this area of the law will turn to applicable to the construction industry. the contractor to deceive the employer. this book as a first point of reference before referring to others for information. Further, as When a reader enters the second part of this Another commendable aspect of this book it is so comprehensively written, I would also book he will discover the entire workings of is it reminder of the need for a contractor propose that this be used as a standard text various building ventures explained in simple to give adequate and comprehensive notice for the teaching of the subject in Malaysia. and comprehensible style starting with the to the employer or his nominated person Hopefully, when the learned authors realize procurement of a contract to the completion on variation works carried out in the course how important this book is to the building of a construction with particular emphasis on of building and the necessity to obtain prior community, they will continue to contribute payment disputes. In reference to the latter, approval before they are done. Frequently, with updates in future editions since the law the authors have brilliantly and appropriately failure to comply with this relatively simple but and practice in this field is developing and set out in detail the workings of the newly necessary process caused acrimonious dispute ever so fast changing. enacted Construction Industry Payment between the employer and contractor at the and Adjudication Act of 2012 (“CIPAA end of the contract work. In this book, the Tan Sri James Foong* 2012”). This legislation, expected to have an learned authors have set out proper steps to 8 Jan 2013 enormous impact on the construction sector follow to avoid this perennial pitfall. Certain requires some understanding of its intent and provisions in a number of standard form *Former Judge of the Federal Court of purpose as well as its mechanics which the contracts demanding compliance of this Malaysia and currently an advocate and learned authors have ably explained. Briefly, requirement are also disclosed in this book. solicitor. CIPAA 2012 mandates that monetary disputes Hopefully many will take heed after reading about this.

56 Praxis JAN-MAR 2013

By the Way ...

Dear El Pee See… Questions to the Bar Council Legal Profession Committee

Debt collection agency Q Dear El Pee See, Recently, my sister bought a house which was financed by “Big Brother Bank”. Then she decided to buy furniture for her new house on credit from “Big Brother Furniture Shop”. She was delighted by both her purchase from the “Big Brother” chain. Two months later, however, she lost her job. She has found it impossible to keep up with the monthly payments for the house and the furniture. Yesterday, she received a call from a person who identified himself as a lawyer from a law firm called “Big Brother Sdn Bhd”. This “lawyer” told my sister that a warrant of arrest has been issued against her by the “Big Brother Court” due to non-payment of her instalments. When she asked for the name of the lawyer, he refused to tell her and said it was private and confidential. After that she received another call from the “Big Brother Post Office” stating that they are attempting to serve her with a warrant of arrest on behalf of the law firm. I’m confused. Since when does a civil debt become a criminal offence and since when does the post office serve warrant of arrest?

Yours, Ms Disillusioned by Big Brother A Dear Ms Disillusioned by Big Brother, I am equally confused by the actions of the Big Brother people. Law firms are not incorporated under the provisions of the Companies Act 1965 and as such should not have “Sdn Bhd”. Check with the Bar Council and verify whether such a firm exists. It is further suggested that your sister lodge a formal complaint with the Bar Council, supported by a statutory declaration detailing the whole incident. Provide names, dates and addresses or contact numbers of the Big Brother conglomerate. If she has received any letter of demand or documents from them, lodge a police report and furnish them to the Bar Council. Upon full investigation of the facts, the Bar Council will take necessary steps and can also take action against these persons as “unauthorised persons”1 under the law, including injunction proceedings against Big Brother Sdn Bhd.

Counsel signing letters on behalf of another firm Q Dear El Pee See, I am a senior lawyer instructed by another firm to do pro bono work on their behalf. The senior partner of the instructing law firm told me I can sign letters on their behalf using their letterhead. They have given me written authorisation to this effect. Then the instructing solicitors told me that he is going away for a two-month holiday and asked me to manage the firm for him during the period he is away and to sign all his letters. I’m just wondering whether I can actually do so.

Yours, Mr Pro Bono Counsel A Dear Mr Pro Bono Counsel, Firstly, it is not within the scope of counsel to sign letters on behalf of another law firm. So in so far as your pro bono matter is concerned, even with such written authorisation, you should not be signing letters on their letterhead. Letters pertaining to these matters should be signed by an advocate and solicitor of that law firm. If you were not a counsel for any particular matter but merely helping out the instructing solicitor as a friend while he is away for holidays, you may sign administrative letters2 but you cannot “manage” the firm for your friend, otherwise, the instructing solicitor’s law firm is in breach of the Rules and Rulings of the Bar Council.3

58 Praxis JAN-MAR 2013 By the Way ...

Branch office or storage area? Q Dear El Pee See, My firm is running out of space. We need extra space to store our files, documents and office staff. I have found an office space in a shopping complex and I plan to rent one of the lots there. It is located about two miles away from my current office. It is not my intention to set up a branch office, but only as an extension of my current office. My main purpose is to put all my closed files and documents there. I also intend to put a receptionist there to send and receive correspondences. Since I am doing that, I also want to put a few of my lawyers, chambering students and clerks there to take care of the store. If there is insufficient space in my current office to hold meetings and see clients, my lawyers there can take over those meetings and clients.

Yours, Mr I don’t want the hassle of setting up a branch office A Dear Mr I don’t want the hassle of setting up a branch office, The description given by you appears to be one where this “new space” set up by you will in fact be operating as an office rather than a storage area. Since the “new space” will be used for dispatch services; and lawyers, chambering students and clerks will be holding meetings and seeing clients there, this will essentially be regarded as a branch office and not merely a storage area. Please write to the Bar Council for the necessary approval in setting up a branch office.

Footnotes 1 Section 37 of the Legal Profession Act 1976 2 Ruling 14.02(2) of the Rules and Rulings of the Bar Council 3 Ruling 14.12 of the Rules and Rulings of the Bar Council

Praxis JAN-MAR 2013 59 Book Review

Revenue Law in Singapore and Malaysia: Cases and Commentary Third Edition Professor Leo D Pointon and Jeong Chun Phuoc by Datuk D P Naban

enhance their knowledge of revenue law the foundation that it is a fundamental and its principles. The authors discuss obligation for Muslims compared to the tenets that are essential and unique to civil tax system, which has no religious revenue law such as the interpretation of influence. taxing statutes, the concept of income, capital allowances, double-taxation The zakat system revolves around the agreements, transfer pricing and thin principles of Islamic concepts of equity capitalisation. They have also taken and fairness, which may not correlate considerable effort to compile some of with our present-day concepts of the the leading revenue cases in Malaysia same. A system of tax based on religion and from the Commonwealth, which will especially in a plural society as ours is help readers discern the judicial approach unlikely to be implemented and, perhaps, in revenue matters. The discussions should never be. Nevertheless, the authors contained in the book will surely provide must be commended for introducing the a foundation for those seeking to basic fundamentals of Islamic revenue law understand this subject. jurisprudence in a manner that can be comprehended by all, particularly readers The purpose of the Income Tax Act 1967 who are new to the subject. is to charge tax on income. However, it must be appreciated that not all income One of Malaysia’s illustrious judges, Lord is subject to income tax in Malaysia. Only President Suffian, once commented that income that falls within the sphere of the revenue law is a very technical branch of said Act is subject to income tax. There are the law. However, Professor Pointon and six classes of income in Malaysia, which Mr Jeong have made the introduction to In recent years, there has been greater are fairly well discussed by the authors a technical and demanding subject easy interest to understand revenue law alongside topics of interest to businesses for anyone interested in understanding and principles, particularly among legal such as deduction of expenses, capital revenue law and principles; and to this practitioners and tax agents. Various allowances and tax-exempt income. group of readers, I would recommend this reasons could have contributed to this Meanwhile, the introductory topic on book. encouraging trend but the foremost goods and services tax is timely, given that explanation for this would be the it is expected to be implemented soon. Date: 14 May 2012 introduction of the self-assessment system and the government’s zeal to continuously Unlike other publications in the market, D P Naban increase the nation’s income tax collection. the authors have dedicated a good part Senior Partner and Head of Taxation of the book to introduce the concept & Private Clients, In this regard, Revenue Law in Singapore of Islamic revenue law, especially the Lee Hishammuddin Allen & Gledhill, and Malaysia: Cases and Commentary various aspects of zakat. The discussions Kuala Lumpur, Malaysia (3rd Edition) makes a good start for legal are interesting and it will be apparent to practitioners and law students looking to readers that the zakat system is built on

60 Praxis JAN-MAR 2013 eLawyer is now 5 years old!

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eLawyer and legal manager 230113.indd 1 1/25/13 2:44 PM eLawyer and legal manager 230113.indd 1 1/25/13 2:44 PM Bar Updates/Notices

New Admissions to the Malaysian Bar (As at time of publication)

SIJIL Name DATE CALLED N/2356 Nurul Najwa Binti Naim 18-Jun-12 ANNUAL TO THE BAR M/2192 Mohd Zuhri Bin Zainol Abidin 18-Jun-12 NO N/2369 Norshafika Amira Binti Tuan Ab Aziz 21-Jun-12 N/2383 Ng Chong Kean 12-Jan-12 N/2361 Nor Azwani Binti Abdul Rahman 21-Jun-12 C/1534 Chan Yun Ling 16-Jan-12 B/271 Bazlilah Binti Mohd Bukhari 21-Jun-12 S/2611 Sia Chong Seng 19-Jan-12 K/1081 Khairiyah Binti Haron 22-Jun-12 A/1916 Adam Harith Bin Zainun Hamzan 2-Feb-12 S/2594 Sity Juleyan Binti Tauhid 22-Jun-12 S/2509 Shazana Binti Awang Samat 13-Feb-12 S/2595 Syaliyana Bt Mohamat Ishar 22-Jun-12 N/2320 Nur Airenee Binti Ahmad Nas Ruddin 13-Feb-12 N/2391 Nurul Shafika Binti Zainal Abidin 22-Jun-12 H/877 Hajinder Singh 17-Feb-12 S/2593 Siti Nurfaiqah Binti Jasmi 25-Jun-12 H/883 Hanis Binti Mokhtar 17-Feb-12 J/580 Jiwantti Gunaseelan 25-Jun-12 K/1103 Kang Wei Luen 9-Mar-12 S/2589 Siti Farliza Binti Che Kob 25-Jun-12 N/2367 Nurfarhana Binti Abd Manaf 23-Mar-12 M/2181 Mohd Firdaus Bin Ahmed Khamal 28-Jun-12 S/2581 Shaidatul Akma Binti Shamsuri 23-Mar-12 N/2347 Nooreha Binti Idris @ Jusoh 28-Jun-12 M/2175 Mohd Farid Bin Abdul Azih 2-Apr-12 N/2355 Nurul Nadiah Binti Kemarudin 29-Jun-12 C/1505 Charlaine Adrienne Chin 2-Apr-12 F/548 Farah Nur Atiqah Binti Bahari 2-Jul-12 M/2185 Maslinda Binti Ahmad Daldini 6-Apr-12 L/2093 Liang Soo Chee 2-Jul-12 N/2380 Neow Kok Yu 17-Apr-12 K/1096 Kasturi A/P Rajamani 2-Jul-12 I/278 Ian Mark Simpson 20-Apr-12 N/2389 Nor Fadzilah Binti Fauzi 2-Jul-12 N/2385 Nur Zafirah Binti Md Aris 27-Apr-12 K/1101 Kanagavalli A/P Sundaran 2-Jul-12 R/1066 Ramesh A/L Krishnan 27-Apr-12 A/1917 Aimi Najiha Binti Abdullah 4-Jul-12 M/2176 Mohd Sabidi Samsi Bin Sidik 3-May-12 L/2078 Lim Eu Peng 6-Jul-12 Y/663 Yee Zhen Yii 3-May-12 J/581 Junaidah Binti Mohd Haniff 6-Jul-12 T/1489 Tengku Zafirah Binti Tengku Ali 7-May-12 C/1518 Chew Hong Chiang 6-Jul-12 A/1932 Ahmad Andung Usman 7-May-12 S/2583 Syed Amir Nidzamuddin Bin Syed Abu Hussin 6-Jul-12 V/275 Varnessa Dimah Anak Bonaventure 7-May-12 N/2358 Ng Su Vun 6-Jul-12 C/1509 Choong Kak Sen 7-May-12 W/744 Wong Siow Hooi 6-Jul-12 N/2341 Nur Izzaida Binti Ibrahim 8-May-12 A/1939 Azyyati Atiqah Binti Zakaria 6-Jul-12 L/2088 Lim Cheng Siang 11-May-12 N/2387 Nurul Farha Binti Bachok 6-Jul-12 F/553 Farah Aida Binti Ahmad 14-May-12 D/301 Dayana Binti Omar 6-Jul-12 J/584 Jennie Cheah Yiling 14-May-12 S/2603 Siti Zaleha Binti Azizi 6-Jul-12 S/2570 Syed ' Aaqil Bin Syed Muhshin 25-May-12 P/486 Preeya Darrsini A/P Sugumaran 6-Jul-12 N/2354 Norafzaniza Binti Samsi 25-May-12 R/1063 R. Selvam A/L S. Ratnam 6-Jul-12 N/2416 Norsyazwani Binti Mohamad Nazri 25-May-12 A/1935 Ahmed Ezzedin Bin Mohammed 6-Jul-12 M/2205 Muhammad Ashraff Bin Mohd Diah 25-May-12 W/745 Wong Shu Meei 6-Jul-12 R/1067 Reza Natasha Binti Redzawan 29-May-12 S/2586 Shalini A/P Ragunath 6-Jul-12 T/1496 Tho Yin Fatt 1-Jun-12 C/1503 Chin Wai Mun 6-Jul-12 D/302 Dwayne Keegan Pinto 7-Jun-12 M/2180 Mohamad Ikram Bin Ali 6-Jul-12 N/2370 Nur Safuraa Binti Shamshuddin 8-Jun-12 M/2203 M Humavathi A/P Manikavelu 19-Jul-12 N/2396 Noor Asyikin Binti Mohd Bahrudin 8-Jun-12 A/1931 Ahmad Zuhairi Bin Ahmad Pu'aat 19-Jul-12 W/756 Wan Yusni Adila Binti Wan Mohd Yusoff 8-Jun-12 M/2182 Malar A/P Subramaniam 19-Jul-12 M/2194 Mohd Fadhli Bin Yahya 8-Jun-12 N/2382 Nur Syahirah Binti Samsusah 19-Jul-12 M/2165 Michelle Fung 8-Jun-12 F/546 Fateen Ilani Binti Jaaffar 19-Jul-12 K/1100 Kodesviary A/P Ramanaidu 8-Jun-12 M/2197 Mohd Amirul Bin Ramli 19-Jul-12 N/2368 Nurul Fadhilah Binti Mohd Maulud 10-Jun-12 I/279 Intan Nursyafina Binti Baharudin 19-Jul-12 C/1522 Che Nor Adila Binti Enche Ady 10-Jun-12 N/2371 Nurul Izzati Bte Sapifee 19-Jul-12 A/1937 Aisyah Basirah Binti Mohd Nooruldeen 14-Jun-12 A/1933 Alif Ridhwan Bin Mohd Yusof 20-Jul-12 N/2375 Norsyaila Binti Noor Mohd Ali 15-Jun-12 W/743 Wang Junxen 20-Jul-12 M/2172 Mohd Shaazuani Bin Razali 15-Jun-12 K/1083 Khairul Aimi Binti Azimi 20-Jul-12 M/2173 Mohd Hafiz Bin Haron 15-Jun-12 L/2097 Lam Kah Huey 20-Jul-12 H/888 Hanna Sofia Binti Ahmat Zamri 15-Jun-12 M/2177 Mohd Haswadi Bin Mohamad Nor 20-Jul-12 M/2199 Malcolm Rex Nair 18-Jun-12 N/2384 Nor Zahidah Binti Hasawi 20-Jul-12 S/2585 Syafiqah Binti Johari 18-Jun-12 N/2390 Nurul Ema Binti Tauhid 20-Jul-12 F/549 Farasyeriza Binti Md. Zabani 18-Jun-12 K/1090 Kamal Hadi Bin Ahmad Zaki 20-Jul-12

62 Praxis JAN-MAR 2013 Bar Updates/Notices

L/2099 Lim Soo Yee 20-Jul-12 W/754 Wong Kah Mun 10-Aug-12 C/1527 Chin Kuen Han 20-Jul-12 N/2376 Ng Ling Hui 10-Aug-12 N/2386 Nadia Liyana Binti Hassan 20-Jul-12 E/245 Ee Siang Leng 10-Aug-12 L/2085 Loke Wai Chun 20-Jul-12 O/371 Ooi Kuan Chien 10-Aug-12 M/2184 Mohd Radzi Bin Mohd Sani 20-Jul-12 E/247 Eddie Chua Iuan Wei 10-Aug-12 N/2364 Nor Aisyah Binti Rahim 20-Jul-12 E/249 Ellie Siew Siu Li 10-Aug-12 M/2178 Mohd Ruzaini Bin Zulkifli 20-Jul-12 T/1512 Tee Bee Ling 10-Aug-12 L/2094 Lina Hanini Bt Ismail 20-Jul-12 Y/668 Yasodhaa Ganesan 13-Aug-12 C/1510 Chin Mee Nah 20-Jul-12 Y/666 Yong Pei Zhen 13-Aug-12 C/1511 Chan Mun Fei 20-Jul-12 C/1516 Chan Wei June 13-Aug-12 H/886 Halsaran A/L Udaya Kumaran 25-Jul-12 R/1065 Raghuram A/L Supramanium 13-Aug-12 N/2381 Nur Mardhiah Binti Zahari 26-Jul-12 M/2188 Maroshini A/P Krishna Morgan 13-Aug-12 N/2398 Noor Syahirah Binti Sabri 26-Jul-12 N/2359 Ng Tenk Siang 13-Aug-12 M/2186 Malania Binti Matuya 26-Jul-12 T/1509 Ting Boon Hee 13-Aug-12 T/1491 Teoh Min Jie 26-Jul-12 V/274 Vishznu A/L Ragupathi 13-Aug-12 F/547 Faizah Binti Mohamed Aris 26-Jul-12 G/488 Goh Ai Chen 13-Aug-12 T/1495 Tan Poh Hui 26-Jul-12 T/1499 Tan Xiao Qing 13-Aug-12 I/281 Intan Noor Azlia Binti Azman 26-Jul-12 O/376 Ow Yong How Yee 13-Aug-12 Y/671 Yong Sok Eng 26-Jul-12 T/1527 Teo Kai Chuan 13-Aug-12 T/1518 Tan Wei Yi 26-Jul-12 C/1508 Chang Hing Wai 13-Aug-12 M/2179 Meera Michele Nainar 26-Jul-12 W/746 Wong Meng San 13-Aug-12 N/2362 Noor Asyima Binti Shuaib 26-Jul-12 M/2198 Mohd Raimi Bin Mohd Zaini 13-Aug-12 T/1505 Teo Siang Ly 26-Jul-12 K/1095 Kelvin A/L Ganesan 15-Aug-12 H/879 Hami Rusniza Binti Zaman 27-Jul-12 I/280 Irene Kam Sok Khuan 24-Aug-12 N/2403 Norfarah Liyana Binti Abdul Kodir 27-Jul-12 K/1091 Koh Jing Han 24-Aug-12 F/555 Fazrina Binti Mohd Faruk 27-Jul-12 T/1513 Tai Cheh Wen 24-Aug-12 A/1936 Amirah Binti Zainal Abidin 27-Jul-12 H/882 Hoong Hua Jie 24-Aug-12 G/485 Goh Liuh Yih 27-Jul-12 O/372 Ong Hanley 24-Aug-12 S/2590 Saiful Safiq Bin Mohd Saipuding 27-Jul-12 P/485 Penny Wong Sook Kuan 24-Aug-12 S/2582 Siti Fariza Binti Faris@Paris 27-Jul-12 L/2096 Lau Seow Mui 24-Aug-12 C/1506 Chua Mi Zheng 27-Jul-12 W/759 Wong Pei Pei 24-Aug-12 M/2183 Md Azmi Bin Mohd Shari 27-Jul-12 G/487 Goh Su Ann 24-Aug-12 S/2607 Siti Nadhirah Binti Ramzi 27-Jul-12 W/748 Wong Sue May 24-Aug-12 M/2189 Mohd Nurhazman Bin Nurham 3-Aug-12 W/747 Wong Hui Ling 24-Aug-12 M/2191 Mohamad Mursalin Bin Shabir Ahmad 3-Aug-12 M/2187 Marina Binti Nasution 24-Aug-12 K/1084 Karthini Mahendranathan 3-Aug-12 G/489 Gan Teck Long 24-Aug-12 E/246 Eu Zhiyi 3-Aug-12 W/749 Wong Peng Shen 29-Aug-12 A/1930 Ahmad Fadhli Bin Zakaria 3-Aug-12 H/880 Hong Jayeen 30-Aug-12 N/2352 Ng Kah Lip 3-Aug-12 N/2377 Norharniza Binti Rusli 30-Aug-12 N/2373 Nur Zahidah Binti Zulkefli 3-Aug-12 Y/665 Yang Lee Yuen 3-Sep-12 A/1940 Azah Binti Ahmad Tajuddin 3-Aug-12 L/2092 Lim Tho Quin 3-Sep-12 G/486 Gan Yee Yoke 3-Aug-12 K/1085 Kwong Chiew Ee 3-Sep-12 N/2406 Noor Shazwani Binti Khamin 3-Aug-12 C/1514 Chua Shuang Yih 3-Sep-12 N/2363 Nur Farhanah Mazlan 3-Aug-12 C/1513 Chan Kah Jun 3-Sep-12 C/1507 Choy Qian Min 3-Aug-12 T/1503 Tan Yee Sian 3-Sep-12 S/2584 Siti Munira Binti Abdul Rahman 3-Aug-12 T/1502 Tan Hsu Lin 3-Sep-12 S/2587 Seke Tsai Yan 10-Aug-12 H/881 Hew Shen Pei 3-Sep-12 L/2089 Loh Jia Wei 10-Aug-12 W/753 Wong Dan Yi 3-Sep-12 T/1498 Tan Kim Fong 10-Aug-12 G/490 Gan Bee Chin 3-Sep-12 H/892 Ho Yuk Mei 10-Aug-12 Y/670 Yong Shih Han 3-Sep-12 N/2405 Nurul Faridza Binti Hamdan 10-Aug-12 C/1519 Carolyn Cheah Chew Han 3-Sep-12 C/1512 Cheng Joo Ping 10-Aug-12 P/487 Phay Hui Fang 3-Sep-12 L/2091 Lee Kean Wooi 10-Aug-12 O/373 Ong Ee Joe 3-Sep-12 L/2086 Lim Sook Sin 10-Aug-12 L/2100 Lee Sook Chin 3-Sep-12 T/1497 Tan Ying Yin 10-Aug-12 M/2195 Muhammad Fadzril Bin Che Mohd Zin 3-Sep-12 L/2101 Lynette Yee Eun Ping 10-Aug-12 H/887 Hafizah Binti Abd Latiff 3-Sep-12 B/272 Bryan Ho Jiann Yau 10-Aug-12 S/2608 Shah Nurul Afzan Binti Abdullah 3-Sep-12 L/2102 Lim Yoi Ping 10-Aug-12 C/1515 Chan Sook Ching 7-Sep-12 W/751 Wan Nor Nadia Binti W Ramli 10-Aug-12 N/2374 Noriah Binti Mat Saman 9-Sep-12

Praxis JAN-MAR 2013 63 Bar Updates/Notices

S/2591 Sharon Boo Pek Ying 9-Sep-12 W/757 Wong Wei Fan 24-Sep-12 C/1517 Chia Kok Liang 9-Sep-12 O/375 Ong Seow Horng 24-Sep-12 T/1510 Tay Zi Li 10-Sep-12 S/2610 Siau Vui Leong 24-Sep-12 T/1520 Teh Jenni 10-Sep-12 T/1519 Tan Yan Yan 24-Sep-12 E/248 Esther Wee Rui-Qi 10-Sep-12 M/2200 Michelle Lau Kah Yee 24-Sep-12 T/1521 Thevini A/P Sri Krishnamayakam 10-Sep-12 K/1093 Kuah Jiun Yu 24-Sep-12 F/551 Farah Adibah Binti Zulkifli 10-Sep-12 A/1944 Azlynn Binti Azmi 24-Sep-12 F/556 Fatin Irena Binti Ahmad Suhaimi 10-Sep-12 A/1942 A.K. Mohd Shaiful Nizam Bin Pg Mohd Noor 24-Sep-12 I/283 Irna Shahana Binti Samsudin 10-Sep-12 N/2410 Norhani Binti Mohd Norasli 28-Sep-12 R/1064 Rengsen Thamayanthy A/P Rengan 10-Sep-12 N/2407 Nurul Hidayah Binti Muhamad 28-Sep-12 Y/669 Yeoh Jie Hu 10-Sep-12 S/2597 Sivashangari A/P Nagalingam 28-Sep-12 S/2592 Siew Choy Ling 10-Sep-12 S/2596 Siti Sarah Binti Abd Razak 28-Sep-12 T/1504 Teh Guat Lee 10-Sep-12 T/1522 Teo Choon Kiang 28-Sep-12 W/750 Wong Juin Wee 10-Sep-12 H/884 Hoon Qi Zhen Aifred 1-Oct-12 J/582 Jolene Loh Li Ling 10-Sep-12 N/2394 Noor Azam Bin Sofian @ Mohd Sofi 1-Oct-12 S/2588 Soon Sau Yin 10-Sep-12 W/755 Wong Li-Wei 1-Oct-12 K/1087 Khoo Teng Jin 10-Sep-12 N/2397 Ng Ai Ling 1-Oct-12 W/760 William Wong 10-Sep-12 S/2602 Sim Sook Eng 1-Oct-12 T/1515 Tarrina Binti Mohamed Hussein 10-Sep-12 H/885 Hau Kai Chin 1-Oct-12 K/1089 Kok Lihong 10-Sep-12 M/2196 Michelle Yap Mei Xin 1-Oct-12 T/1506 Tan Khai Seong 10-Sep-12 J/583 Jacqueline Teh Lai Fong 1-Oct-12 C/1521 Chia Leng Miang 10-Sep-12 P/490 Paul Chong Joon Meng 1-Oct-12 D/305 David Yeo Chuan Eu 10-Sep-12 A/1946 Andrew Chee Kha King 1-Oct-12 T/1500 Tan Pei Wei 10-Sep-12 T/1530 Tan Yan Ee 1-Oct-12 Y/672 Yee Yik Shien 10-Sep-12 R/1068 Rasalingam A/L Pararasingam 1-Oct-12 L/2106 Liw Pei Joo 10-Sep-12 N/2401 Nur Adlina Binti Alias 1-Oct-12 T/1501 Thulasi A/P Ramadass 10-Sep-12 S/2606 Suhantheini A/P Maniam 1-Oct-12 L/2098 Liew See Yee 10-Sep-12 P/488 Puvarasan A/L Balaiyah 1-Oct-12 T/1507 Tan Yiing Fung 10-Sep-12 N/2399 Ng Pei Lin 1-Oct-12 G/494 Ganeson A/L Gunathan 11-Sep-12 D/303 Donovan Lee Shyun Hyn 1-Oct-12 T/1511 Thogai Letchumy A/P Malayandy 11-Sep-12 A/1952 Anusha Yogaraj 1-Oct-12 K/1092 Karyn Khoo Luk Ling 13-Sep-12 Y/673 Yzara Kedung Khoo Hwee Fern 1-Oct-12 F/552 Fan Xiao Jun 13-Sep-12 C/1523 Christine Jasmine Ellis 1-Oct-12 Y/667 Yap Winnie 14-Sep-12 N/2392 Nimalan A/L Devaraja 1-Oct-12 N/2372 Norhayati Binti Shafie 14-Sep-12 L/2104 Lee Fook Khong 1-Oct-12 D/304 Diana Priya A/P Kathiresan 14-Sep-12 G/493 Geetha A/P Murugaiah 5-Oct-12 T/1526 Teng Chee Chyun 14-Sep-12 F/554 Fauziah Binti Mydin 5-Oct-12 N/2393 Nur Ain Binti Mohd Rani 20-Sep-12 P/489 Poon Ching Yee 5-Oct-12 S/2598 Suhaida Binti Mohd Esa 20-Sep-12 T/1523 Tan Kim Kiek 5-Oct-12 S/2601 Siti Mastura Amirah Binti Mohd Idris 20-Sep-12 A/1945 Ang Yu Hui 8-Oct-12 S/2600 Shahid Adli Bin Kamarudin 24-Sep-12 A/1941 Ang Wei Chao 8-Oct-12 A/1938 Anand A/L Suppiah 24-Sep-12 N/2395 Naahenra Kumar A/L Shanmugam 8-Oct-12 M/2190 Melvinder Singh A/L Manjit Singh 24-Sep-12 S/2605 Simrenjeet Singh A/L Baldev Singh 8-Oct-12 W/752 Wilson Ho Sheen Lik 24-Sep-12 T/1524 Tan Yi Li 8-Oct-12 N/2378 Nithiyawathi A/P Subramaniam 24-Sep-12 N/2400 Nurazatul Farhana Binti Shahrudin 8-Oct-12 G/492 Gregory Vinesh Das 24-Sep-12 N/2402 Nur Hidayah Binti Musa 8-Oct-12 N/2388 Ng Ren Zheng 24-Sep-12 H/889 Hew Shek Lee 8-Oct-12 K/1094 Khaw Joo Hean 24-Sep-12 T/1528 Tan Boon Han 8-Oct-12 O/374 Ong Sheau Teng 24-Sep-12 K/1097 Kung Shin Tyan 12-Oct-12 C/1520 Chuah Shin Yee 24-Sep-12 P/491 Pushparani A/P Neelamaygam 17-Oct-12 T/1516 Tan Shu Shuen 24-Sep-12 C/1525 Clinton Tan Kian Seng 20-Oct-12 S/2604 Sazlina Binti Zainal Azizudin 24-Sep-12 P/492 Phoon Wai Loon 22-Oct-12 L/2108 Lim Eu Jin 24-Sep-12 R/1070 R. Anusha A/P Ragvan 22-Oct-12 D/308 Deva Das A/L P Govindan 24-Sep-12 M/2202 Melissa Lim Mae Lyn 22-Oct-12 A/1947 Arther Tiong Bing Chong 24-Sep-12 L/2105 Lim Chiou Min 22-Oct-12 T/1532 Tan Chao Ying 24-Sep-12 D/307 Dinesh Nandrajog 22-Oct-12 A/1934 Alice Lim Shu Chin 24-Sep-12 K/1102 Kamlesh Menon A/L Radhakrishnan 22-Oct-12 T/1514 Tan Hui Xian 24-Sep-12 L/2103 Lee Yen Ru 22-Oct-12

64 Praxis JAN-MAR 2013 Bar Updates/Notices

NOTICE REGARDING BAR COUNCIL CIRCULARS AND E-BLASTS

The Bar Council Secretariat issues approximately 30 Similarly, the Malaysian Bar website contains a wealth circulars and e-blasts each month. Because of the of information for Members. Certain areas of the high cost involved, the practice of issuing hard-copy website are only accessible if you have a login ID and circulars came to an end in 2008. Today, we issue password. less than five hard-copy circulars a year; the rest are sent by email alone. In order to be added to our e-mail mailing list and to register for full access to the website, Based on our records, approximately 40% of Members please send an email to us at webreg@ are still not on our e-mail mailing list, and hence not malaysianbar.org.my or contact us by telephone at receiving the Bar Council circulars and e-blasts. This 03-2050 2021. is an issue of concern since circulars are the primary means by which we communicate with Members, BAR COUNCIL MALAYSIA 15 Leboh Pasar Besar to keep you informed of important developments 50050 Kuala Lumpur affecting the legal profession, as well as information Tel: 03-2050 2050 Fax: 03-2026 1313 / 03-2034 2825 / 03-2072 5818 on events and benefits for Members. Email: [email protected] Website: http://www.malaysianbar.org.my

C/1524 Cindy Sim Xin Yee 22-Oct-12 K/1104 Kalashini A/P Sandrasegaran 9-Nov-12 K/1098 Kelvin Gan Kwee Sik 22-Oct-12 N/2412 Nur Diyana Binti Md Khazali 9-Nov-12 K/1099 Koo Yen Cheng 22-Oct-12 T/1533 Teoh Wei Shan 9-Nov-12 B/273 Benedict Bryan Khu 22-Oct-12 B/274 Bun Liang A/L Saw Ah Seng 9-Nov-12 N/2413 Ng Yi Wen 22-Oct-12 Y/675 Yap Mei Kuan 9-Nov-12 O/377 Ooi Shen Min 22-Oct-12 L/2118 Low Chin Li 9-Nov-12 G/495 Gavin Jay Anand A/L Jayapal 1-Nov-12 D/309 Delwyn Low Yi Wen 9-Nov-12 L/2115 Lua Wei Sin 2-Nov-12 E/251 Ellaine A/P Alexander 16-Nov-12 A/1950 Anita Natalia 5-Nov-12 V/277 Vijay Ruben A/L Kannan 26-Nov-12 L/2113 Laila Syuhada Binti Ulong Ahmad 5-Nov-12 A/1949 Aimee Lee Kim Moong 26-Nov-12 P/493 Pryadarsini A/P Sathasivam 5-Nov-12 H/891 Hor Su Ying 26-Nov-12 L/2110 Leong Pui Yee 5-Nov-12 K/1107 Kee Shao Yee 26-Nov-12 I/282 Izad Kazran Bin Mohd Zaid 5-Nov-12 F/557 Faridatun Hana Binti Mohamed Salleh 27-Nov-12 T/1531 Teh Zhing Lee 5-Nov-12 P/495 Pamela Marie A/P Jerome Anthony 30-Nov-12 E/250 Ema Shazneen Binti Hassan 5-Nov-12 C/1530 Cassandra Nicole Thomazios 30-Nov-12 N/2408 Nurulain Arinah Binti Mohd Yusof 5-Nov-12 O/378 Ong Wei Hern 30-Nov-12 L/2107 Leong Yit Chia 5-Nov-12 W/761 Wong Chor Lee 30-Nov-12 D/310 Damian Kiethan A/L Anthony Jeyakumar 5-Nov-12 J/586 James Au Wei-Wern 30-Nov-12 S/2609 Sara Ann Chay Sue May 5-Nov-12 L/2119 Lau Puong Xing 30-Nov-12 J/585 Joanne Louise Joseph Nathan 5-Nov-12 J/587 Jaclyn Chong Ing Ling 30-Nov-12 C/1526 Choo Shi Jin 5-Nov-12 Y/676 Yeo Yee Ying 30-Nov-12 M/2201 Merlinna Chai 7-Nov-12 N/2411 Neoh Lian Hui 30-Nov-12 L/2109 Lim Shien Pin 9-Nov-12 H/890 Heng Shook Chien 30-Nov-12 L/2111 Lee Wei Ting 9-Nov-12 C/1529 Christy Lee Chew Yan 30-Nov-12 L/2112 Lee Pei Pei 9-Nov-12 A/1953 Abdul Mu'iz Bin Alias 7-Dec-12 A/1948 Audrey Teh Jay Jun 9-Nov-12 C/1532 Chang Phaik Qi 7-Dec-12 C/1528 Cheah Min Heng 9-Nov-12 T/1534 Teng Wai Yee 7-Dec-12 L/2114 Liu Yee Mei 9-Nov-12 M/2090 Muhammad Akmal Bin Abu Bakar 17-Dec-12

Praxis JAN-MAR 2013 65 Bar Updates/Notices SUMMARY OF CIRCULARS (October to 9 January 2013)

Circular No 259/2012: Access to the Basement Car Park of the Palace of Justice, Circular No 217/2012: Proposed Amendments to Solicitors’ Account Rules 1990 Putrajaya Access this circular to view the proposed amendments approved by the Bar Council, which Please be informed that Members of the Bar may access the basement car park of the Palace will be forwarded to the Attorney General for approval, pursuant to subsections (1) and (2) of of Justice in Putrajaya through the auto-gate that is located on the right-hand side of the court section 78 of the Legal Profession Act 1976. building (as you face the main entrance to the building). The access point on the left-hand side is now an exit.

Circular No 232/2012: Malaysian Bar Receives United Nations Malaysia Organisation Circular No 263/2012: Rules on Cessation of, or Change in, Practice of the Year Award 2012 Members are reminded that those who wish to cease practice, either on a permanent or On the occasion of the 2012 United Nations (“UN”) Day on 24 Oct 2012, the Malaysian Bar temporary basis, or intend to practise with another firm, are required to notify the Bar Council was conferred the UN Malaysia Organisation of the Year Award 2012 at a ceremony at the in accordance with section 31(2) of the Legal Profession Act 1976, and to comply with the Renaissance Hotel, Kuala Lumpur. The Malaysian Bar received the award in recognition of Bar Council’s Rules on Cessation of, or Change in, Practice. Access this circular to view these how, “[t]hroughout its 66-year existence, [it] has admirably fulfilled its role as guardian of Rules. the rule of law, and defender of human rights and the public interest, in Malaysia”. The Bar was described as “an organization that through its cumulative work best exemplifies a commitment to democracy in the country”. Circular No 270/2012: Feedback on the Performance of Bar Council Secretariat Staff The Bar Council Secretariat is continuously looking into ways to improve and upgrade its services, and values your comments and suggestions. To help us serve you better, we urge Members to complete the “Feedback Form: Performance of Bar Council Secretariat Staff”. Circular No 237/2012: Proposed Amendments to Solicitors’ Remuneration Order 2005 Access this circular to view the proposed amendments approved by the Bar Council, which will be forwarded to the Solicitors’ Costs Committee, to exercise the powers conferred by Circular No 003/2013: Advocacy Training Course: February and March 2013 Dates subsection 113 (3) of the Legal Profession Act 1976. The Bar Council Professional Standards and Development Committee is continuing its series of Advocacy Training Courses (“ATCs”) from February 2013. The course is designed to teach the basics of advocacy, utilising the Hampel method of advocacy teaching, which requires Circular No 233/2012: Court of Appeal Practice Direction No 2 of 2012 | Application to participants to perform as advocates in a simulated courtroom environment under the the President of the Court of Appeal for Extension of Time to File Record of Appeal supervision of experienced and trained practitioners who will observe their performance and in Civil Matters offer guidance. The course is best suited to lawyers in their first to third years of practice, as it Access this circular to view the Court of Appeal Practice Direction No 2 of 2012. aims to identify and correct basic mistakes in advocacy and to guide new practitioners on the correct way to present themselves and their arguments in a courtroom. This course carries 12 points for trainers, facilitators and participants under the Bar Council Continuing Professional Development Scheme. Members are encouraged to register for, and attend, the course. Circular No 250/2012: Open List for the Common Bar Course Bar Council is concerned about the quality of law graduates entering the legal profession in Malaysia, and is of the view that the Common Bar Course is an excellent opportunity to raise Circular No 004/2013: Revenue Service Centre in Kulim, Kedah, Has Begun Operations the bar and ensure that only those who meet the required standards are admitted to practice. The Inland Revenue Board of Malaysia (“IRBM”) has informed us that the Revenue Service Bar Council has therefore proposed to the Legal Profession Qualifying Board that the CBC be Centre in Kulim, Kedah, began operations on 16 Dec 2012. Access this circular for more the sole route of entry into the legal profession, to improve the quality and standards of new details. entrants. Access this circular to know more about the present “closed list” system and the Ad Hoc Committee on the Common Bar Course’s proposal to shift to an “open list” system. Circular No 009/2013: Revenue Service Centre in Kuala Langat, Selangor, Has Begun Operations Please be informed that the Revenue Service Centre in Kuala Langat, Selangor, began Circular No 254/2012: Malaysian Bar Annual Dinner & Dance 2013 (16 Mar 2013) operations on 7 Jan 2013. Access this circular for more details. Members of the Bar are cordially invited to the Malaysian Bar Annual Dinner & Dance 2013, themed “A Night of Elegance”, at 7:00 pm, at Taming Sari Grand Ballroom, The Royale Chulan Hotel, 5 Jalan Conlay, 50450 Kuala Lumpur, on 16 Mar 2013 (Saturday). For bookings Circular No 011/2013: Lawyers Permitted to Meet Clients in Prison on Saturdays and enquiries, please contact Anne Andrew (03-2050 2013;[email protected]) or The Prison Department of Malaysia has informed us by letter dated 31 Dec 2012 that Suriati Dalilan (03-2050 2121; [email protected]). The deadline for bookings is Members are permitted to meet clients who are in remand, on Saturdays, with effect from 12 25 Feb 2013 (Monday). Jan 2013 (Saturday). Access this circular to view the criteria and guidelines for such meetings.

General Information on Matters Discussed at Bar Council Meetings (October to December 2012)

Bar Room in the Palace of Justice, Putrajaya The Chief Justice has agreed to look into providing a larger Bar Room at the Advertisement by Members of Services to Other Members Palace of Justice in Putrajaya. It is permissible for Members to advertise their services — such as mentions-on- behalf and company searches — to other Members. Withdrawal of Bar Council from Balai Ikhtisas Malaysia (“BIM”) (Malaysian Professional Centre) Bar Council has decided to withdraw from being a member of BIM, as Bar Proposed Amendments to Solicitors’ Account Rules 1990 Council is dissatisfied with the manner in which BIM is being managed, including In its Circular No 217/2012 dated 5 Oct 2012, Bar Council informed Members of BIM’s non-compliance with the resolution adopted at its recent Extraordinary its approval of certain proposed amendments to the Solicitors’ Account Rules General Meeting. 1990. The proposed rule 8(4)(c) would prohibit money from being drawn from a client account by means of any online banking service. Legal Fees for Contentious Matters Bar Council advises Members of the Bar that, although not mandatory, Bar Council has approved a further amendment to rule 8(4)(c), as highlighted agreements regarding legal fees for contentious matters should be in writing. below: (4) No money shall be drawn from a client account by means of any — (a) automated teller machine; Updated Compilation of Bar Council Rules and Rulings (b) telephone banking service; or Bar Council is in the process of producing an updated compilation of its Rules (c) online banking service, except for making any electronic payment and Rulings, which will be published in 2013. to the appropriate authority or body for stamp duty, real property gains tax, search fees, filing fees or registration fees or for other Compendium of Personal Injury Awards purposes approved by the Bar Council from time to time. A Task Force will be set up to review the Compendium of Personal Injury Awards in March 2013. Each State Bar will be invited to nominate two representatives for The proposed amendments will be forwarded to the Attorney General for the Task Force. The Compendium was previously circulated to Members in Bar approval, pursuant to the Legal Profession Act 1976. Council Circular No 258/2010 dated 26 Oct 2010.

The list above highlights some items featured in Bar Council’s “Circulars” and “General Statements”, which were sent out to Members of the Bar between October to December 2012. Access the Malaysian Bar website at www.malaysianbar.org.my to view these in full. 66 Please note that some “Circulars” and all “General Statements” are only accessible if you are a registered user of the Malaysian Bar website. Bar Updates/Notices

LEGISLATION (26 June to 30 Aug 2012)

BILLS 2012 LATEST INDEX TO P.U.(A) SERIES 2012 PUBLICATION [P.U.(A) 273/2012 – P.U.(A) 436/2012] TITLE DATE As at 7.12.2012 Animals (Amendment) Act 2012 [DR.42/2012] 29.11.2012 Title P.U.(A) Central Bank of Malaysia (Amendment) Act 2012 [DR.39/2012] 29.11.2012 NO. Employees’ Social Security (Amendment) Act 2012 [DR.36/2012] 29.11.2012 AUDIT ACT 1957 [ACT 62] 287/2012 Finance (No.2) Act 2012 [DR.35/2012] 4.10.2012 AUDIT (AMENDMENT OF FIRST SCHEDULE) ORDER 2012 Issued under s.11, Audit Act 1957 Financial Services Act 2012 [DR.40/2012] 29.11.2012 Notes:- Amends Sch.1, Audit Act 1957 w.e.f.:- 1.1.2012 Industrial Designs (Amendment) Act 2012 [DR.38/2012] 29.11.2012 International Transfer Of Prisoners Act 2012 [DR.34/2012] 4.10.2012 CENTRAL BANK OF MALAYSIA ACT 2009 [ACT 701] 328/2012 CENTRAL BANK OF MALAYSIA (IMPLEMENTATION OF THE UNITED NATIONS Islamic Financial Services Act 2012 [DR.41/2012] 29.11.2012 SECURITY COUNCIL Pensions Adjustment (Amendment) Act 2012 [DR.37/2012] 29.11.2012 RESOLUTIONS 1970 (2011), 1973 (2011), 2009 (2011), 2016 (2011), 2017 (2011) AND 2040 (2012) RELATING TO LIBYA) REGULATIONS 2012 Perbadanan Kemajuan Filem Nasional Malaysia (Amendment) Act 2012 29.11.2012 Issued under s.82, Central Bank of Malaysia Act 2009 [DR.43/2012] w.e.f.:- 11.10.2012 Strata Management Act 2012 [DR.32/2012] 4.10.2012 CHILD CARE CENTRE ACT 1984 [ACT 308] 377/2012 Strata Titles (Amendment) Act 2012 [DR.33/2012] 4.10.2012 CHILD CARE CENTRE REGULATIONS 2012 Issued under s.23, Child Care Centre Act 1984 Supply Act 2013 [DR.31/2012] 4.10.2012 Notes:- Revokes the Child Care Centre (Institution Based) Regulations 1985, [P.U.(A) 97/1985] w.e.f.:- 1.1.2013 AMENDING ACT 2001 CIVIL AVIATION ACT 1969 [ACT 3] 344/2012 CIVIL AVIATION (AMENDMENT) REGULATIONS 2012 ACT Issued under s.3, Civil Aviation Act 1969 TITLE Notes:- Amends Sch.12, Civil Aviation Regulations 1996, [P.U.(A) 139/1996] NO: w.e.f.:- 1.11.2012

ACT CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2001 CONSTITUTION (AMENDMENT) (NO.2) ACT 1984 [ACT A585] 291/2012 A1132 Notes: - Amends ss.2,108A,117,157,255,316,332,334,340,342,343,344,348,349,350, FEDERAL TERRITORY OF LABUAN (EXTENSION AND MODIFICATION OF THE 351,352,Sch.1 OFFENDERS COMPULSORY ATTENDANCE ACT 1954) ORDER 2012 - Deletes ss.157,352A and Sch.3 Issued under s.7, Constitution (Amendment) (No.2) Act 1984 w.e.f.: - 1.8.2002 - [P.U.(B) 235/2002] – ss.1,3,4,5,6,7,8,10,20. Notes: - The Offenders Compulsory Attendance Act 1954 [Act 461], which is referred w.e.f.: - 15.9.2012 - [P.U.(B) 284/2012] – ss.2,9,11,12,13,14,15,16,17,18,19 and 21. to as the “extended Act” in this Order, is extended to the Federal Territory of Labuan. - The extended Act is modified in the manner set out in the Schedule. w.e.f.:- 16.9.2012

CONTROL OF SUPPLIES ACT 1961 [ACT 122] 363/2012 CONTROL OF SUPPLIES (CONTROLLED ARTICLES) (NO.5) ORDER 2012 AMENDING ACT 2012 Issued under s.5, Control of Supplies Act 1961 ACT w.e.f.:- 8.11.2012-17.11.2012 TITLE NO: COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 343/2012 CUSTOMS (PROVISIONAL ANTI-DUMPING DUTIES) ORDER 2012 ACT CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2001 Issued under s.24(2), Countervailing and Anti-Dumping Duties Act 1993 and s.11(1), A1440 Notes: - Amends ss.2,108A,117,157,255,316,332,334,340,342,343,344,348,349,350, Customs Act 1967 351,352,Sch.1 w.e.f.:- 23.10.2012-19.2.2013 - Deletes ss.157,352A and Sch.3 w.e.f.: - 1.8.2002 - [P.U.(B) 235/2002] – ss.1,3,4,5,6,7,8,10,20. COURTS OF JUDICATURE ACT 1964 [ACT 91] 205/2012 SUBORDINATE COURTS RULES ACT 1955 [ACT 55] w.e.f.: - 15.9.2012 - [P.U.(B) 284/2012] – ss.2,9,11,12,13,14,15,16,17,18,19 and 21. RULES OF COURT 2012 Issued under s.17, Courts of Judicature Act 1964 and s.4, Subordinate Courts Rules Act ACT FRANCHISE (AMENDMENT) ACT 2012 1955 A1442 Notes: - Amends ss.3,4,6,10,11,12,13,14,15,16,19,20,26,27,28,29,31,34,37,38,39 and 60 Notes:- These Rules, except for Order 91, comes into operation on 1 August 2012. - Inserts new ss.6A,6B and 37A - Order 91 comes into operation on a date to be appointed by the Rules Committee and - Deletes ss.55 and 57 the Subordinate Court Rules Committee by notification in the Gazette. w.e.f.:- 1.1.2013 – [P.U.(B) 387/2012] - Repeals the Rules of the High Court 1980, [P.U.(A) 50/1980] - Repeals the Subordinate Court Rules 1980, [P.U.(A) 328/1980] ACT MEDICAL (AMENDMENT) ACT 2012 w.e.f.:- 1.8.2012 – All Orders except Order 91 A1443 Notes: - Amends long title, ss.2,3,4,9,12,13,14,16,18,19,20,21,22,23,24,26,27,29,30,31 w.e.f.:- 1.8.2012 – [P.U.(B) 282/2012] - Order 91 ,31A,32,33, 34,34A,34B,34C,35,36,40,41,42 and Sch.1 - Inserts new ss.3A,3B,3C,3D,3E,3F,3G,4A,4B,4C,4D,4E,4F,4G,4H,4I,4J,14A,14B,14C, COURTS OF JUDICATURE ACT 1964 [ACT 91] 286/2012 24A, 29A and 35A. SUBORDINATE COURTS RULES ACT 1955 [ACT 55] RULES OF COURT (AMENDMENT) (NO.2) 2012 w.e.f.:- Not Yet In Force Issued under s.17, Courts of Judicature Act 1964 and s.4, Subordinate Courts Rules Act 1955 ACT LEGAL PROFESSION (AMENDMENT) ACT 2012 Notes:- Amends Orders 1,6,12,45,55,55A,59,71,74,85A,86,92,Appendix A and B, A1444 Notes: - Amends ss.13,37,76,80,93,94,99,100,103,103A,103B,103C,103D,103E,105 [P.U.(A) 205/2012]. and 107 w.e.f.:- 1.8.2012 - Inserts New Part IVA (ss.40A-40O), ss.92A,103EA and 103EB, w.e.f.:- Not Yet In Force CUSTOMS ACT 1967 [ACT 235] 349/2012 CUSTOMS (IMPORT LICENSE FEE FOR MOTOR VEHICLE) (AMENDMENT) REGULATIONS 2012 Issued under s.142(15), Customs Act 1967 Notes:- Amends Sch., Customs (Import License Fee for Motor Vehicle) Regulations 2009, [P.U.(A) 491/2009] w.e.f.:- 30.10.2012

Praxis JAN-MAR 2013 67 Bar Updates/Notices

CUSTOMS ACT 1967 [ACT 235] 302/2012 CUSTOMS ACT 1967 [ACT 235] 332/2012 CUSTOMS (PROHIBITION OF EXPORTS) (AMENDMENT) ORDER 2012 CUSTOMS (VALUES) (PALM OIL) (NO.42) ORDER 2012 Issued under s.31(1), Customs Act 1967 Issued under s.12, Customs Act 1967 Notes: - Amends Sch.1 and 2, Customs (Prohibition of Exports) Order 2008, [P.U.(A) w.e.f.:- 15.10.2012-21.10.2012 87/2008] w.e.f.:- 19.9.2012 CUSTOMS ACT 1967 [ACT 235] 342/2012 CUSTOMS (VALUES) (PALM OIL) (NO.43) ORDER 2012 CUSTOMS ACT 1967 [ACT 235] 343/2012 Issued under s.12, Customs Act 1967 CUSTOMS (PROVISIONAL ANTI-DUMPING DUTIES) ORDER 2012 w.e.f.:- 22.10.2012-28.10.2012 Issued under s.11(1), Customs Act 1967 and s.24(2), Countervailing and Anti-Dumping Duties Act 1993 CUSTOMS ACT 1967 [ACT 235] 346/2012 w.e.f.:- 23.10.2012-19.2.2013 CUSTOMS (VALUES) (PALM OIL) (NO.44) ORDER 2012 Issued under s.12, Customs Act 1967 CUSTOMS ACT 1967 [ACT 235] 282/2012 w.e.f.:- 29.10.2012-4.11.2012 CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.19) ORDER 2012 Issued under s.12, Customs Act 1967 CUSTOMS ACT 1967 [ACT 235] 360/2012 w.e.f.:- 6.9.2012-19.9.2012 CUSTOMS (VALUES) (PALM OIL) (NO.45) ORDER 2012 Issued under s.12, Customs Act 1967 CUSTOMS ACT 1967 [ACT 235] 303/2012 w.e.f.:- 5.11.2012-11.11.2012 CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.20) ORDER 2012 Issued under s.12, Customs Act 1967 CUSTOMS ACT 1967 [ACT 235] 368/2012 w.e.f.:- 20.9.2012-3.10.2012 CUSTOMS (VALUES) (PALM OIL) (NO.46) ORDER 2012 Issued under s.12, Customs Act 1967 CUSTOMS ACT 1967 [ACT 235] 324/2012 w.e.f.:- 12.11.2012-18.11.2012 CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.21) ORDER 2012 Issued under s.12, Customs Act 1967 CUSTOMS ACT 1967 [ACT 235] 375/2012 w.e.f.:- 4.10.2012-17.10.2012 CUSTOMS (VALUES) (PALM OIL) (NO.47) ORDER 2012 Issued under s.12, Customs Act 1967 CUSTOMS ACT 1967 [ACT 235] 340/2012 w.e.f.:- 19.11.2012-25.11.2012 CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.22) ORDER 2012 Issued under s.12, Customs Act 1967 CUSTOMS ACT 1967 [ACT 235] 414/2012 w.e.f.:- 18.10.2012-31.10.2012 CUSTOMS (VALUES) (PALM OIL) (NO.48) ORDER 2012 Issued under s.12, Customs Act 1967 CUSTOMS ACT 1967 [ACT 235] 359/2012 w.e.f.:- 26.11.2012-2.12.2012 CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.23) ORDER 2012 Issued under s.12, Customs Act 1967 CUSTOMS ACT 1967 [ACT 235] 430/2012 w.e.f.:- 1.11.2012-14.11.2012 CUSTOMS (VALUES) (PALM OIL) (NO.49) ORDER 2012 Issued under s.12, Customs Act 1967 CUSTOMS ACT 1967 [ACT 235] 374/2012 w.e.f.:- 3.12.2012-9.12.2012 CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.24) ORDER 2012 Issued under s.12, Customs Act 1967 CUSTOMS ACT 1967 [ACT 235] 275/2012 w.e.f.:- 15.11.2012-28.11.2012 CUSTOMS DUTIES ORDER 2012 Issued under s.11(1), Customs Act 1967 CUSTOMS ACT 1967 [ACT 235] 425/2012 Notes:- Revokes the Customs Duties Order 2007, [P.U.(A) 441/2007] CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.25) ORDER 2012 w.e.f.:- 31.10.2012 Issued under s.12, Customs Act 1967 w.e.f.:- 29.11.2012-12.12.2012 CUSTOMS ACT 1967 [ACT 235] 356/2012 CUSTOMS DUTIES ORDER 2012 CUSTOMS ACT 1967 [ACT 235] 273/2012 CORRIGENDUM CUSTOMS (VALUES) (PALM KERNEL) (NO.9) ORDER 2012 Notes:- Corrigendum to [P.U.(A) 275/2012] Issued under s.12, Customs Act 1967 w.e.f.:- 1.9.2012-30.9.2012 CUSTOMS ACT 1967 [ACT 235] 428/2012 CUSTOMS DUTIES (EXEMPTION) (AMENDMENT) (NO.4) ORDER 2012 CUSTOMS ACT 1967 [ACT 235] 320/2012 Issued under s.14(1), Customs Act 1967 CUSTOMS (VALUES) (PALM KERNEL) (NO.10) ORDER 2012 Notes: - Amends Sch., Customs Duties (Exemption) Order 1988, [P.U.(A) 410/1987] Issued under s.12, Customs Act 1967 w.e.f.:- 30.11.2012 w.e.f.:- 1.10.2012-31.10.2012 CUSTOMS ACT 1967 [ACT 235] 277/2012 CUSTOMS ACT 1967 [ACT 235] 358/2012 CUSTOMS DUTIES (GOODS OF ASEAN COUNTRIES ORIGIN) (ASEAN HARMONISED TARIFF CUSTOMS (VALUES) (PALM KERNEL) (NO.11) ORDER 2012 NOMENCLATURE AND ASEAN TRADE IN GOODS AGREEMENT) ORDER 2012 Issued under s.12, Customs Act 1967 Issued under s.11(1), Customs Act 1967 w.e.f.:- 1.11.2012-30.11.2012 Notes:- Revokes the Customs Duties (Goods of ASEAN Countries Origin) (ASEAN Harmonised Tariff Nomenclature and ASEAN Trade in Goods Agreement) Order 2007, CUSTOMS ACT 1967 [ACT 235] 427/2012 [P.U.(A) 440/2007] CUSTOMS (VALUES) (PALM KERNEL) (NO.12) ORDER 2012 w.e.f.:- 31.10.2012 Issued under s.12, Customs Act 1967 w.e.f.:- 1.12.2012-31.12.2012 CUSTOMS ACT 1967 [ACT 235] 357/2012 CUSTOMS DUTIES (GOODS OF ASEAN COUNTRIES ORIGIN) (ASEAN HARMONISED TARIFF CUSTOMS ACT 1967 [ACT 235] 267/2012 NOMENCLATURE AND ASEAN TRADE IN GOODS AGREEMENT) ORDER 2012 CUSTOMS (VALUES) (PALM OIL) (NO.35) ORDER 2012 CORRIGENDUM Issued under s.12, Customs Act 1967 Notes:- Corrigendum to [P.U.(A) 277/2012] w.e.f.:- 27.8.2012-2.9.2012 DENTAL ACT 1971 [ACT 51] 431/2012 CUSTOMS ACT 1967 [ACT 235] 278/2012 DENTAL (AMENDMENT OF SECOND SCHEDULE) (NO.3) ORDER 2012 CUSTOMS (VALUES) (PALM OIL) (NO.36) ORDER 2012 Issued under s.12(2), Dental Act 1971 Issued under s.12, Customs Act 1967 Notes: - Amends Sch.2, Dental Act 1971 [Act 51] w.e.f.:- 3.9.2012-9.9.2012 w.e.f.:- 5.12.2012

CUSTOMS ACT 1967 [ACT 235] 284/2012 DEOXYRIBONUCLEIC ACID (DNA) IDENTIFICATION ACT 2009 [ACT 699] 274/2012 CUSTOMS (VALUES) (PALM OIL) (NO.37) ORDER 2012 DEOXYRIBONUCLEIC ACID (DNA) IDENTIFICATION REGULATIONS 2012 Issued under s.12, Customs Act 1967 Issued under s.24, Deoxyribonucleic Acid (DNA) Identification Act 2009 w.e.f.:- 10.9.2012-16.9.2012 w.e.f.:- 1.9.2012

CUSTOMS ACT 1967 [ACT 235] 290/2012 EDUCATION ACT 1996 [ACT 550] 426/2012 CUSTOMS (VALUES) (PALM OIL) (NO.38) ORDER 2012 EDUCATION (TERMS OF EDUCATIONAL INSTITUTIONS YEAR 2013) REGULATIONS 2012 Issued under s.12, Customs Act 1967 Issued under s.130(2)(b), Education Act 1996. w.e.f.:- 17.9.2012-23.9.2012 Notes:- The duration of terms of educational institutions for the year 2013 shall be as specified in the Schedule. CUSTOMS ACT 1967 [ACT 235] 311/2012 w.e.f.:- These Regulations shall apply to attendance at educational institutions for the CUSTOMS (VALUES) (PALM OIL) (NO.39) ORDER 2012 year 2013. Issued under s.12, Customs Act 1967 w.e.f.:- 24.9.2012-30.9.2012 ELECTION COMMISSION ACT 1957 [ACT 31] 270/2012 ELECTION COMMISSION (AMENDMENT OF SCHEDULE) REGULATIONS 2012 CUSTOMS ACT 1967 [ACT 235] 319/2012 Issued under s.12, Election Commission Act 1957 CUSTOMS (VALUES) (PALM OIL) (NO.40) ORDER 2012 Notes:- Amends Sch, Election Commission Act 1957 [Act 31] Issued under s.12, Customs Act 1967 w.e.f.:- 1.8.2012 w.e.f.:- 1.10.2012-7.10.2012 ELECTION COMMISSION ACT 1957 [ACT 31] 348/2012 CUSTOMS ACT 1967 [ACT 235] 327/2012 ELECTION COMMISSION (AMENDMENT OF SCHEDULE) (NO.2) REGULATIONS 2012 CUSTOMS (VALUES) (PALM OIL) (NO.41) ORDER 2012 Issued under s.12, Election Commission Act 1957 Issued under s.12, Customs Act 1967 Notes:- Amends Sch., Election Commission Act 1957 [Act 31] w.e.f.:- 8.10.2012-14.10.2012 w.e.f.:- 1.8.2012

68 Praxis JAN-MAR 2013 Bar Updates/Notices

ENTERTAINMENTS DUTY ACT 1953 [ACT 103] 294/2012 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 330/2012 ENTERTAINMENTS DUTY (EXEMPTION) ORDER 2012 FACTORIES AND MACHINERY (EXEMPTION TO FPG OLEOCHEMICALS SDN. BHD., Issued under s.12(1)(b), Entertainments Duty Act 1953 KUANTAN, PAHANG) ORDER 2012 Notes: - The admission ticket for The Incubus Live in Kuala Lumpur which was held at Issued under s.55(3), Factories and Machinery Act 1967 Stadium Negara, Kuala Lumpur on 23 July 2011 is exempted from entertainments duty. w.e.f.:- 12.10.2012 w.e.f.:- 19.9.2012 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 315/2012 ENTERTAINMENTS DUTY ACT 1953 [ACT 103] 295/2012 FACTORIES AND MACHINERY (EXEMPTION TO IDEMITSU SM (MALAYSIA) SDN. ENTERTAINMENTS DUTY (EXEMPTION) (NO.2) ORDER 2012 BHD., PASIR GUDANG, JOHOR) ORDER 2012 Issued under s.12(1)(b), Entertainments Duty Act 1953 Issued under s.55(3), Factories and Machinery Act 1967 Notes:- The admission ticket for the Gary Chaw- “Sensation” World Tour Live In Malaysia Notes:- All unfired pressure vessels registered with the Chief Inspector, with the 2011, show which was held at Stadium Putra Bukit Jalil, Kuala Lumpur on 16 to 18 July registration number and description as specified in columns (1) and (2) of the Schedule, 2011 is exempted from entertainments duty. in the name of Idemitsu SM (Malaysia) Sdn. Bhd., Pasir Gudang, Johor which have been w.e.f.:- 19.9.2012 issued with certificates of fitness, are exempted from the preparation required under paragraph 17(b) of the Factories and Machinery (Notification, Certificate of Fitness and ENTERTAINMENTS DUTY ACT 1953 [ACT 103] 296/2012 Inspection) Regulations 1970, [P.U.(A) 43/1970]. ENTERTAINMENTS DUTY (EXEMPTION) (NO.3) ORDER 2012 w.e.f.:- 26.9.2012 Issued under s.12(1)(b), Entertainments Duty Act 1953 Notes:- The admission ticket for the Disney on Ice-World of Fantasy show which was FACTORIES AND MACHINERY ACT 1967 [ACT 139] 341/2012 held at Stadium Putra Bukit Jalil, Kuala Lumpur on 1 to 3 April 2011 is exempted from FACTORIES AND MACHINERY (EXEMPTION TO KANEKA PASTE POLYMERS SDN. entertainments duty. BHD., GEBENG, PAHANG) ORDER 2012 w.e.f.:- 19.9.2012 Issued under s.55(3), Factories and Machinery Act 1967 w.e.f.:- 19.10.2012 ENTERTAINMENTS DUTY ACT 1953 [ACT 103] 297/2012 ENTERTAINMENTS DUTY (EXEMPTION) (NO.4) ORDER 2012 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 316/2012 Issued under s.12(1)(b), Entertainments Duty Act 1953 FACTORIES AND MACHINERY (EXEMPTION TO KERTIH TERMINALS SDN. BHD., Notes:- The admission ticket for the Michael Learns to Rock World Tour Live in Malaysia KERTEH, TERENGGANU) ORDER 2012 2011 show which was held at Plenary Hall KLCC, Kuala Lumpur on 22 April until 2 May Issued under s.55(3), Factories and Machinery Act 1967 2011 is exempted from entertainments duty. Notes:- The VCM Sphere Tank registered with the Chief Inspector, with the registration w.e.f.:- 19.9.2012 number of PMT 139671, in the name of Kertih Terminals Sdn. Bhd., Kerteh, Terengganu which has been issued with a certificate of fitness, is exempted from the preparation ENTERTAINMENTS DUTY ACT 1953 [ACT 103] 298/2012 required under paragraph 17(b) of the Factories and Machinery (Notification, Certificate ENTERTAINMENTS DUTY (EXEMPTION) (NO.5) ORDER 2012 of Fitness and Inspection) Regulations 1970, [P.U.(A) 43/1970]. Issued under s.12(1)(b), Entertainments Duty Act 1953 w.e.f.:- 26.9.2012 Notes:- The admission ticket for the Maroon 5 World Tour – Live in Malaysia 2011 show which was held at Stadium Putra Bukit Jalil, Kuala Lumpur on 29 April 2011 is exempted FACTORIES AND MACHINERY ACT 1967 [ACT 139] 337/2012 from entertainments duty. FACTORIES AND MACHINERY (EXEMPTION TO OPTIMAL GROUP OF COMPANIES, w.e.f.:- 19.9.2012 KERTIH, TERENGGANU) ORDER 2012 Issued under s.55(3), Factories and Machinery Act 1967 ENTERTAINMENTS DUTY ACT 1953 [ACT 103] 299/2012 w.e.f.:- 17.10.2012 ENTERTAINMENTS DUTY (EXEMPTION) (NO.6) ORDER 2012 Issued under s.12(1)(b), Entertainments Duty Act 1953 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 333/2012 Notes:- The admission ticket for Justin Bieber My World Tour show which was held at the FACTORIES AND MACHINERY (EXEMPTION TO PETLIN (MALAYSIA) SDN. BHD., Stadium Merdeka, Kuala Lumpur on 21 April 2011 is exempted from entertainments duty. KERTIH, TERENGGANU) ORDER 2012 w.e.f.:- 19.9.2012 Issued under s.55(3), Factories and Machinery Act 1967 w.e.f.:- 16.10.2012 ENTERTAINMENTS DUTY ACT 1953 [ACT 103] 300/2012 ENTERTAINMENTS DUTY (EXEMPTION) (NO.7) ORDER 2012 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 331/2012 Issued under s.12(1)(b), Entertainments Duty Act 1953 FACTORIES AND MACHINERY (EXEMPTION TO PETRONAS CARIGALI SDN. BHD., Notes: - The admission ticket for The Sound of Music show which was held at the KERTEH, TERENGGANU) ORDER 2012 Plenary Hall KLCC, Kuala Lumpur on 28 June 2011 is exempted from entertainments duty. Issued under s.55(3), Factories and Machinery Act 1967 w.e.f.:- 19.9.2012 w.e.f.:- 12.10.2012

ENTERTAINMENTS DUTY ACT 1953 [ACT 103] 301/2012 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 308/2012 ENTERTAINMENTS DUTY (EXEMPTION) (NO.8) ORDER 2012 FACTORIES AND MACHINERY (EXEMPTION TO PETRONAS CHEMICALS FERTILISER Issued under s.12(1)(b), Entertainments Duty Act 1953 KEDAH SDN. BHD., GURUN, KEDAH) ORDER 2012 Notes: - The admission ticket for motor and motorcycle racing events of international Issued under s.55(3), Factories and Machinery Act 1967 standards in all circuit in the country is extended for the period of five years to have effect Notes:- All steam boilers and unfired pressure vessels registered with the Chief Inspector, from 9 September 2010 until 31 December 2015 is exempted from entertainments duty. with the registration numbers and descriptions as specified in columns (1) and (2) of w.e.f.:- 9.9.2010 the Schedule, in the name of Petronas Chemicals Fertiliser Kedah Sdn. Bhd., Gurun, Kedah which have been issued with certificates of fitness, are exempted from the ENVIRONMENTAL QUALITY ACT 1974 [ACT 127] 436/2012 preparation required under paragraphs 17(a) and 17(b) of the Factories and Machinery ENVIRONMENTAL QUALITY (DELEGATION OF POWERS) (INVESTIGATION ON (Notification,Certificate of Fitness and Inspection) Regulations 1970, [P.U.(A) 43/1970] EROSION AND SEDIMENT CONTROL) ORDER 2012 w.e.f.:- 22.9.2012 Issued under s.49(1), Environmental Quality Act 1974 w.e.f.:- 7.12.2012 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 371/2012 FACTORIES AND MACHINERY (EXEMPTION TO PETRONAS GAS BERHAD, EXCHANGE CONTROL ACT 1953 [ACT 17] 307/2012 CENTRALISED UTILITY FACILITIES (CUF), GEBENG, PAHANG) ORDER 2012 EXCHANGE CONTROL (ASEAN INFRASTRUCTURE FUND) (EXEMPTION) ORDER 2012 Issued under s.55(3), Factories and Machinery Act 1967 Issued under ss.34 and 43(2), Exchange Control Act 1953 w.e.f.:- 13.11.2012 w.e.f.:- 24.4.2012 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 372/2012 EXCISE ACT 1976 [ACT 176] 350/2012 FACTORIES AND MACHINERY (EXEMPTION TO PETRONAS GAS BERHAD, EXPORT EXCISE DUTIES ORDER 2012 TERMINAL, KEMAMAN, TERENGGANU) ORDER 2012 Issued under s.6(1), Excise Act 1976 Issued under s.55(3), Factories and Machinery Act 1967 Notes:- Revokes the Excise Duties Order 2004, [P.U.(A) 5/2004] w.e.f.:- 13.11.2012 w.e.f.:- 31.10.2012 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 378/2012 EXCISE ACT 1976 [ACT 176] 336/2012 FACTORIES AND MACHINERY (EXEMPTION TO W.R. GRACE SPECIALTY CHEMICALS EXCISE DUTIES (EXEMPTION) (AMENDMENT) ORDER 2012 (M) SDN. BHD., KUANTAN, PAHANG) ORDER 2012 Issued under s.11(1), Excise Act 1976 Issued under s.55(3), Factories and Machinery Act 1967 Notes:- Amends Sch., Excise Duties (Exemption) Order 1977, [P.U.(A) 151/1977] w.e.f.:- 21.11.2012 w.e.f.:- 16.10.2012 FEED ACT 2009 [ACT 698] 312/2012 EXCISE ACT 1976 [ACT 176] 351/2012 FEED (MANUFACTURE AND SALE OF FEED OR FEED ADDITIVE) REGULATIONS 2012 EXCISE DUTIES (MOTOR VEHICLES) (PAYMENT) ORDER 2012 Issued under s.53(2)(g), Feed Act 2009 Issued under s.6(1), Excise Act 1976 w.e.f.:- 25.9.2012 Notes:- Revokes the Excise Duties (Motor Vehicles) (Payment) Order 2004, [P.U.(A) 6/2004] w.e.f.:- 31.10.2012 FEED ACT 2009 [ACT 698] 272/2012 FEED (PROHIBITED ANTIBIOTICS, HORMONES AND OTHER CHEMICALS) FACTORIES AND MACHINERY ACT 1967 [ACT 139] 314/2012 REGULATIONS 2012 FACTORIES AND MACHINERY (EXEMPTION TO ETHYLENE MALAYSIA SDN. BHD., Issued under s.53(2)(f), Feed Act 2009 KERTEH, TERENGGANU) ORDER 2012 w.e.f.:- 30.8.2012 Issued under s.55(3), Factories and Machinery Act 1967 Notes:- All unfired pressure vessels registered with the Chief Inspector, with the FEDERAL ROADS ACT 1959 [ACT 376] 289/2012 registration number and description as specified in columns (1) and (2) of the Schedule, FEDERAL ROADS (WEST MALAYSIA) (AMENDMENT) (NO.6) ORDER 2012 in the name of Ethylene Malaysia Sdn. Bhd., Kerteh, Terengganu which have been issued Issued under s.3, Federal Roads Act 1959 with certificates of fitness, are exempted from the preparation required under paragraphs Notes:- Amends Sch.1, Federal Roads (West Malaysia) Order 1989, [P.U.(A) 401/1989] 17(b) of the Factories and Machinery (Notification, Certificate of Fitness and Inspection) w.e.f.:- 12.9.2012 Regulations 1970, [P.U.(A) 43/1970]. w.e.f.:- 25.9.2012

Praxis JAN-MAR 2013 69 Bar Updates/Notices

FEDERAL ROADS ACT 1959 [ACT 376] 326/2012 INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1992 [ACT 485] 279/2012 FEDERAL ROADS (WEST MALAYSIA) (AMENDMENT) (NO.7) ORDER 2012 UNITED NATIONS (PRIVILEGES AND IMMUNITIES) REGULATIONS 2012 Issued under s.3, Federal Roads Act 1959 Issued under ss.3(1) and 4(1),and ss.6A and 11, International Organizations (Privileges Notes:- Amends Sch.1, Federal Roads (West Malaysia) Order 1989, [P.U.(A) 401/1989] and Immunities) Act 1992 w.e.f.:- 5.10.2012 Notes:- Revokes the United Nations (Privileges and Immunities) Regulations 2009, [P.U.(A) 248/2009] FOOD ACT 1983 [ACT 281] 313/2012 w.e.f.:- 4.9.2012 FOOD (AMENDMENT) (NO.2) REGULATIONS 2012 Issued under s.34, Food Act 1983 LABOUR ORDINANCE OF SABAH [Sabah Cap.67] 283/2012 Notes: - General Amendment:- LABOUR (TERMINATION AND LAY-OFF BENEFITS) (SABAH) (AMENDMENT) RULES 2012 - Substitute for the words “children” wherever appearing the words “young children”, Issued under s.130o(2)(k), Labour Ordinance of Sabah except for regulation 91B and Table IA,IB,IC,ID and IE to the Fourteenth Schedule. Notes:- Amends rule.4, Labour (Termination and Lay-Off Benefits) (Sabah) Rules 2008, - Substitute for the words “Director of Health Services” wherever appearing the words [P.U.(A) 159/2008] “Director” w.e.f.:- 7.9.2012 - Substitute for the words “w/w” wherever appearing the words “weight per weight” - Substitute for the words “w/v” wherever appearing the words “weight per volume” LOANS GUARANTEE (BODIES CORPORATE) ACT 1965 [ACT 96] 271/2012 - Substitute for the words “v/v” wherever appearing the words “volume per volume” LOANS GUARANTEE (BODIES CORPORATE) (REMISSION OF TAX AND STAMP - Substitute for the words “v/w” wherever appearing the words “volume per weight” DUTY) (NO.6) ORDER 2012 - Amends regs.2,11,18(7),18B,89(3),224(2)(b),390(10),391,394(1),Fourteenth Sch.,Table Issued under s.10(1), Loans Guarantee (Bodies Corporate) Act 1965 III of Twenty-first A Sch.,Twenty-third Sch and Twenty-fifth Sch., Notes:- Any tax payable under the Income Tax Act 1967 [Act 53] shall be remitted in full - Inserts new regs.91B,360C,Sixteenth AA Schedule,Twenty-fifth A Sch. and Thirtieth Sch, in respect of any money payable under any agreement, note, instrument or document in Food Regulations 1985, [P.U.(A) 437/1985] relation to any of the Islamic securities of up to two billion ringgit (RM2,000,000,000.00) w.e.f.:- 25.9.2012 (“Sukuk Murabahah”) issued by Syarikat Prasarana Negara Berhad (“Issuer”) - Any stamp duty payable under the Stamp Act 1949 [Act 378] in respect of any FOOD ACT 1983 [ACT 281] 318/2012 agreement, note, instrument and document in relation to the issue of the Sukuk FOOD (AMENDMENT) (NO.3) REGULATIONS 2012 Murabahah or the Guarantee shall be remitted in full. Issued under s.34, Food Act 1983 w.e.f.:- 28.8.2012 Notes:- Amends regs.22,28,167,253,133,Fifth Sch,Sixth Sch.,Eighth Sch.,Thirteenth Sch.,Seventeenth Sch., Eighteenth Sch.,Nineteenth Sch., and Twentieth Sch., [P.U.(A) LOANS GUARANTEE (BODIES CORPORATE) ACT 1965 [ACT 96] 362/2012 437/1985] LOANS GUARANTEE (BODIES CORPORATE) (REMISSION OF TAX AND STAMP w.e.f.:- 28.9.2012 DUTY) (NO.7) ORDER 2012 Issued under s.10(1), Loans Guarantee (Bodies Corporate) Act 1965 INCOME TAX ACT 1967 [ACT 53] 366/2012 Notes:- Any tax payable under the Income Tax Act 1967 [Act 53] shall be remitted in full DOUBLE TAXATION RELIEF (THE GOVERNMENT OF THE HONG KONG SPECIAL in respect of any money payable under any agreement, note, instrument or document in ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA) ORDER 2012 relation to any of the Islamic Medium Term Notes issued pursuant to the Islamic Medium Issued under s.132(1A), Income Tax Act 1967 and s.65A(1), Petroleum (Income Tax) Act 1967 Term Notes Programme in nominal value of up to five billion three hundred and eleven w.e.f.:- 8.11.2012 million ringgit (RM5,311,000,000.00) (the “IMTN Programme”) by Turus Pesawat Sdn. Bhd. (the “Issuer”) INCOME TAX ACT 1967 [ACT 53] 338/2012 - Any stamp duty payable under the Stamp Act 1949 [Act 378] in respect of any DOUBLE TAXATION RELIEF (THE GOVERNMENT OF THE REPUBLIC OF INDIA) ORDER 2012 agreement, note, instrument or document in relation to the Islamic Medium Term Notes, Issued under s.132(1), Income Tax Act 1967 and s.65A(1), Petroleum (Income Tax) Act 1967 the IMTN Programme or the Guarantee shall be remitted in full. w.e.f.:- 17.10.2012 w.e.f.:- 8.11.2012

INCOME TAX ACT 1967 [ACT 53] 367/2012 LOANS GUARANTEE (BODIES CORPORATE) ACT 1965 [ACT 96] 424/2012 EXCHANGE OF INFORMATION (THE GOVERNMENT OF BERMUDA) ORDER 2012 LOANS GUARANTEE (BODIES CORPORATE) (REMISSION OF TAX AND STAMP Issued under s.132A(1), Income Tax Act 1967 DUTY) (NO.8) ORDER 2012 w.e.f.:- 9.11.2012 Issued under s.10(1), Loans Guarantee (Bodies Corporate) Act 1965 Notes:- Any tax payable under the Income Tax Act 1967 [Act 53] shall be remitted in full INCOME TAX ACT 1967 [ACT 53] 419/2012 in respect of the Facility Agreement made between Perbadanan Kemajuan Negeri Pahang INCOME TAX (DEDUCTION FOR CONTRIBUTION BY LICENSED INSURERS TO THE (PKNP) (the “Borrower”) and CIMB Islamic Bank Berhad (the “Lender”) in relation to the MALAYSIAN MOTOR INSURANCE POOL) RULES 2012 provision of Term Financing-i under the concept of Bai’al-‘Inah (“the Facility”) of up to the Issued under ss.154(1)(b) and 33(1)(d), Income Tax Act 1967 aggregate amount of two hundred million ringgit (RM200,000,000.00) to the Borrower. w.e.f.:- y/a 2011-y/a 2015 - Any stamp duty payable under the Stamp Act 1949 [Act 378] in respect of the Facility Agreement shall be remitted in full. w.e.f.:- 28.11.2012 INCOME TAX ACT 1967 [ACT 53] 285/2012 INCOME TAX (DEDUCTIONS FROM REMUNERATION) (AMENDMENT) RULES 2012 Issued under s.154(1)(a), Income Tax Act 1967 LOANS GUARANTEE (BODIES CORPORATE) ACT 1965 [ACT 96] 423/2012 Notes:- Amends Sch., Income Tax (Deduction from Remuneration) Rules 1994, [P.U.(A) LOANS GUARANTEE (DECLARATION OF BODIES CORPORATE) (PERBADANAN 507/1994] KEMAJUAN NEGERI PAHANG) ORDER 2012 w.e.f.:- 1.1.2012 Issued under s.3, Loans Guarantee (Bodies Corporate) Act 1965 Notes:- The body corporate known as Perbadanan Kemajuan Negeri Pahang is declared to be a body corporate to which the Act applies. INCOME TAX ACT 1967 [ACT 53] 420/2012 w.e.f.:- 28.11.2012 INCOME TAX (EXEMPTION) (NO.7) ORDER 2012 Issued under s.127(3)(b), Income Tax Act 1967 Notes:- Exempts a qualifying person from the payment of income tax in a basis period for LOANS GUARANTEE (BODIES CORPORATE) ACT 1965 [ACT 96] 276/2012 a year of assessment in respect of the statutory income derived from a business of private LOANS GUARANTEE (DECLARATION OF BODIES CORPORATE) (SARAWAK HIDRO school in Malaysia which is equivalent to the amount of allowance. SDN. BHD.) ORDER 2012 - (a) at a rate of one hundred per cent of the qualifying capital expenditure; and Issued under s.3, Loans Guarantee (Bodies Corporate) Act 1965 - (b) given in respect of the qualifying capital expenditure incurred in the basis period for Notes:- The body corporate known as Sarawak Hidro Sdn. Bhd. is declared to be a body a year of assessment for a period of five years commencing from a date determined by corporate to which the Act applies. the Malaysian Investment Development Authority. w.e.f.: 24.4.2007 w.e.f.:- 8.10.2011 and shall have effect subject to paragraph 3 LOANS GUARANTEE (BODIES CORPORATE) ACT 1965 [ACT 96] 361/2012 INCOME TAX ACT 1967 [ACT 53] 421/2012 LOANS GUARANTEE (DECLARATION OF BODIES CORPORATE) (TURUS PESAWAT INCOME TAX (EXEMPTION) (NO.8) ORDER 2012 SDN. BHD) ORDER 2012 Issued under s.127(3)(b), Income Tax Act 1967 Issued under s.3, Loans Guarantee (Bodies Corporate) Act 1965 Notes:- Exempts a qualifying person from the payment of income tax in a basis period for Notes:- The body corporate known as Turus Pesawat Sdn. Bhd. is declared to be a body a year of assessment in respect of the statutory income derived from a business of private corporate to which the Act applies. school or international school in Malaysia. w.e.f.:- 8.11.2012 w.e.f.:- 8.10.2011 and shall have effect subject to paragraph 3 LOTTERIES ACT 1952 [ACT 288] 321/2012 INCOME TAX ACT 1967 [ACT 53] 422/2012 LOTTERIES (REGISTRATION AND LICENSING OF GAMING MACHINES) INCOME TAX (EXEMPTION) (NO.9) ORDER 2012 (AMENDMENT) REGULATIONS 2012 Issued under s.127(3)(b), Income Tax Act 1967 Issued under s.14, Lotteries Act 1952 Notes:- Exempts a qualifying person from the payment of income tax in a basis period Notes:- Amends Sch.1, Lotteries (Registration and Licensing of Gaming Machines) for a year of assessment in respect of the statutory income derived from a business of Regulations 1973, [P.U.(A) 161/1973] international school in Malaysia which is equivalent to the amount of allowance. w.e.f.:- 1.10.2012 (a) at a rate of one hundred per cent of the qualifying capital expenditure; and (b) given in respect of the qualifying capital expenditure incurred in the basis period for a MALAYSIA ACT [ACT 26/1963] 292/2012 year of assessment for a period of five years commencing from a date determined by the STATE OF SABAH (EXTENSION AND MODIFICATION OF THE OFFENDERS Malaysian Investment Development Authority. COMPULSORY ATTENDANCE ACT 1954) ORDER 2012 w.e.f.:- 14.7.2010 and shall have effect subject to paragraph 3 Issued under s.74, Malaysia Act Notes: - The Offenders Compulsory Attendance Act 1954 [Act 461], which is referred INTERNATIONAL ISLAMIC LIQUIDITY MANAGEMENT CORPORATION ACT 2011 [ACT 721] 329/2012 to as the “extended Act” in this Order, is extended to the State of Sabah. INTERNATIONAL ISLAMIC LIQUIDITY MANAGEMENT CORPORATION (PRIVILEGES - The extended Act is modified in the manner set out in the Schedule. AND IMMUNITIES) REGULATIONS 2012 w.e.f.:- 16.9.2012 Issued under s.7, International Islamic Liquidity Management Corporation Act 2011 w.e.f.:- 25.10.2010 except for subparagraph 3(b)(ii), paragraphs 4(2)(d) and 7(2)(d) MALAYSIA ACT [ACT 26/1963] 293/2012 STATE OF SARAWAK (EXTENSION AND MODIFICATION OF THE OFFENDERS INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1992 [ACT 485] 280/2012 COMPULSORY ATTENDANCE ACT 1954) ORDER 2012 SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) REGULATIONS 2012 Issued under s.74, Malaysia Act Issued under ss.3(1) and 4(1), and ss.6B and 11, International Organizations (Privileges Notes: - The Offenders Compulsory Attendance Act 1954 [Act 461], which is referred and Immunities) Act 1992 to as the “extended Act” in this Order, is extended to the State of Sarawak. Notes:- Revokes the Specialized Agencies (Privileges and Immunities) Regulations 2009, - The extended Act is modified in the manner set out in the Schedule. [P.U.(A) 249/2009] w.e.f.:- 16.9.2012 w.e.f.:- 4.9.2012

70 Praxis JAN-MAR 2013 Bar Updates/Notices

MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011 [ACT 720] 376/2012 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 323/2012 MALAYSIA DEPOSIT INSURANCE CORPORATION (ANNUAL PREMIUM AND FIRST PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM PRICE) PREMIUM IN RESPECT OF DEPOSIT-TAKING MEMBERS) (AMENDMENT) ORDER 2012 (NO.2) ORDER 2012 Issued under ss.47(1), 48(2) and 48(3), Malaysia Deposit Insurance Corporation Act 2011 Issued under s.4, Price Control and Anti-Profiteering Act 2011 Notes:- Amends para.2 and Sch.1, Malaysia Deposit Insurance Corporation (Annual Notes:- Revokes the Price Control and Anti-Profiteering (Fixing of Maximum Price) Order Premium and First Premium in Respect of Deposit Taking Members) Order 2011, [P.U.(A) 2011, [P.U.(A) 159/2011] 28/2011] w.e.f.:- 29.9.2012 w.e.f.:- y/a 2013- PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 365/2012 MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011 [ACT 720] 434/2012 PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM PRICE) MALAYSIA DEPOSIT INSURANCE CORPORATION (CONVERSION INTO RINGGIT IN (NO.3) ORDER 2012 RESPECT OF A FOREIGN CURRENCY DEPOSIT) RULES 2012 Issued under s.4, Price Control and Anti-Profiteering Act 2011 Issued under s.209(3)(j), Malaysia Deposit Insurance Corporation Act 2011 w.e.f.:- 8.11.2012-17.11.2012 w.e.f.:- 6.12.2012 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 364/2012 MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011 [ACT 720] 418/2012 PRICE CONTROL AND ANTI-PROFITEERING (PRICE MARKING OF PRICE-CONTROLLED MALAYSIA DEPOSIT INSURANCE CORPORATION (DISCLOSURE REQUIREMENTS GOODS) (NO.2) ORDER 2012 FOR TRUST ACCOUNTS AND JOINT ACCOUNTS) REGULATIONS 2012 Issued under s.10, Price Control and Anti-Profiteering Act 2011 Issued under ss.42(4) and 209(1), Malaysia Deposit Insurance Corporation Act 2011 w.e.f.:- 8.11.2012-17.11.2012 Notes:- Revokes the Malaysia Deposit Insurance Corporation (Disclosure Requirements for Trust Accounts and Joint Accounts) Regulations 2007, [P.U.(A) 73/2007] REAL PROPERTY GAINS TAX ACT 1976 [ACT 169] 415/2012 w.e.f.:- 27.11.2012 REAL PROPERTY GAINS TAX (EXEMPTION) ORDER 2012 Issued under s.9(3), Real Property Gains Tax Act 1976 MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011 [ACT 720] 433/2012 Notes: - Exempts any person from the application of Schedule 5 of the Act on the MALAYSIA DEPOSIT INSURANCE CORPORATION (RETURN OR INTEREST ON AN payment of tax on the chargeable gain in respect of any disposal of a chargeable asset INDEX-LINKED DEPOSIT HELD BY A DEPOSIT-TAKING MEMBER) RULES 2012 on or after 1 January 2013 on the condition that the amount of chargeable gain shall be Issued under ss.209(1)(a) and 63, Malaysia Deposit Insurance Corporation Act 2011 determined in accordance with the following formula: w.e.f.:- 6.12.2012 A x C B MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011 [ACT 720] 432/2012 where – MALAYSIA DEPOSIT INSURANCE CORPORATION (TEMPORARY SUSPENSION (a) disposal is made within two years after the date of acquisition of such chargeable PERIOD) REGULATIONS 2012 asset where- Issued under ss.209(1)(a), 115(3) and 180(1), Malaysia Deposit Insurance Corporation Act 2011 A is the amount of tax charged on the chargeable gain on the person at the appropriate w.e.f.:- 6.12.2012 tax rate reduced by the amount of tax charged on such chargeable gain at the rate of fifteen per cent; MEDICAL ACT 1971 [ACT 50] 281/2012 B is the amount of tax charged on such chargeable gain at the appropriate tax rate; and MEDICAL (AMENDMENT OF SECOND SCHEDULE) ORDER 2012 C is the amount of such chargeable gain; or Issued under s.12(2), Medical Act 1971 (b) disposal is made in the third year, fourth year or fifth year after the date of acquisition Notes:- Amends Sch.2, Medical Act 1971 [Act 50) of such chargeable asset where- w.e.f.:- 6.9.2012 A is the amount of tax charged on the chargeable gain on the person at the appropriate tax rate reduced by the amount of tax charged on such chargeable gain at the rate of MONEY SERVICES BUSINESS ACT 2011 [ACT 731] 345/2012 ten per cent; and MONEY SERVICES BUSINESS (MINIMUM CAPITAL FUNDS) (AMENDMENT) B is the amount of tax charged on such chargeable gain at the appropriate tax rate; and REGULATIONS 2012 C is the amount of such chargeable gain. Issued under s.22(1), Money Services Business Act 2011 (2) Where the disposal of a chargeable asset is made in the sixth year after the date of Notes:- Amends reg.2 and Sch, Money Services Business (Minimum Capital Funds) acquisition of such chargeable asset or any other year thereafter, the Minister exempts Regulations 2011, [P.U.(A) 392/2011] any person from the application of Schedule 5 of the Act on the payment of tax on w.e.f.:- 25.10.2012 the chargeable gain in respect of the disposal of such chargeable asset on or after 1 January 2013. - Revokes the Real Property Gains Tax (Exemption) Order 2011, [P.U.(A) 434/2011] MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 2002 [ACT 621] 304/2012 w.e.f.:- 1.1.2013 MUTUAL ASSISTANCE IN CRIMINAL MATTERS (REPUBLIC OF INDIA) ORDER 2012 Issued under s.17(1), Mutual Assistance in Criminal Matters Act 2002 Notes: - Declares the Republic of India to be a prescribed foreign state for the purposes ROAD TRANSPORT ACT 1987 [ACT 333] 322/2012 of the Mutual Assistance in Criminal Matters Act 2002. LOCAL SPEED LIMIT (FEDERAL ROADS) (WEST MALAYSIA) (AMENDMENT) (NO.3) w.e.f.:- This order comes into operation in accordance with Article 28(2) of the Treaty, ORDER 2012 as set out in the schedule. Issued under s.69(2), Road Transport Act 1987 Notes:- Amends Sch.1, the Local Speed Limit (Federal Roads) (West Malaysia) 1992, [P.U.(A) 462/1991] MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 2002 [ACT 621] 435/2012 w.e.f.:- 3.10.2012 MUTUAL ASSISTANCE IN CRIMINAL MATTERS (REPUBLIC OF KOREA) ORDER 2012 Issued under s.17(1), Mutual Assistance in Criminal Matters Act 2002 w.e.f.:- This order comes into operation in accordance with Article 24(1) of the Treaty. ROAD TRANSPORT ACT 1987 [ACT 333] 339/2012 LOCAL SPEED LIMIT (FEDERAL ROADS) (WEST MALAYSIA) (AMENDMENT) (NO.4) ORDER 2012 NATIONAL HERITAGE ACT 2005 [ACT 645] 369/2012 Issued under s.69(2), Road Transport Act 1987 NATIONAL HERITAGE (DECLARATION OF LIVING PERSON AS A NATIONAL Notes:- Amends Sch.1, Local Speed Limit (Federal Roads) (West Malaysia) Order 1992, HERITAGE) ORDER 2012 [P.U.(A) 462/1991] Issued under s.67(1), National Heritage Act 2005 w.e.f.:- 18.10.2012 Notes:- Datuk Mohd Nor bin Khalid, Ramli bin Ibrahim and Jati Anak Ju has been declared as National Heritage in the field specified in column (2). w.e.f.:- 13.11.2012 ROAD TRANSPORT ACT 1987 [ACT 333] 325/2012 NATIONAL SPEED LIMIT (AMENDMENT) (NO.2) ORDER 2012 Issued under s.69(1), Road Transport Act 1987 NATIONAL HERITAGE ACT 2005 [ACT 645] 306/2012 Notes:- Amends Sch., National Speed Limit Order 1989, [P.U.(A) 18/1989] NATIONAL HERITAGE (DECLARATION OF NATIONAL HERITAGE) (HERITAGE w.e.f.:- 5.10.2012 OBJECT) ORDER 2012 Issued under s.67(1), National Heritage Act 2005 Notes:- Chingay, the object that has been declared as a heritage object in the Declaration ROAD TRANSPORT ACT 1987 [ACT 333] 309/2012 of Heritage Object 2008 [P.U.(B) 439/2008], declared to be a National Heritage. ROAD TRANSPORT (CAMERA-RECORDED OFFENCES) RULES 2012 w.e.f:- 22.9.2012 Issued under s.53A, Road Transport Act 1987 w.e.f.:- 23.9.2012 NATIONAL HERITAGE ACT 2005 [ACT 645] 370/2012 NATIONAL HERITAGE (DECLARATION OF NATIONAL HERITAGE) (HERITAGE SITE) ROAD TRANSPORT ACT 1987 [ACT 333] 335/2012 (NO.2) ORDER 2012 ROAD TRANSPORT (COMPOUNDING OF OFFENCES) (AMENDMENT) (NO.2) RULES 2012 Issued under s.67(1), National Heritage Act 2005 Issued under s.120(2), Road Transport Act 1987 w.e.f.:- 13.11.2012 Notes:- Amends rule 3, Road Transport (Compounding of Offences) Rules 2003, [P.U.(A) 103/2003] w.e.f.:- 17.10.2012 PENSIONS ADJUSTMENT ACT 1980 [ACT 238] 379/2012 PENSIONS ADJUSTMENT (LOWEST PENSION) ORDER 2012 Issued under s.8, Pensions Adjustment Act 1980 ROAD TRANSPORT ACT 1987 [ACT 333] 310/2012 Notes:- Revokes the Pensions Adjustment (Lowest Pension) Order 2009, [P.U.(A) 35/2009] TRAFFIC SIGNS (SIZE, COLOUR AND TYPE) (AMENDMENT) RULES 2012 w.e.f.:- 1.1.2012 Issued under ss.88(1)(q), Road Transport Act 1987 Notes: - Amends Sch., Traffic Signs (Size, Colour and Type) Rules 1959, [L.N.167/1959] w.e.f.:- 23.9.2012 PETROLEUM (INCOME TAX) ACT 1967 [ACT 543] 366/2012 DOUBLE TAXATION RELIEF (THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA) ORDER 2012 ROAD TRANSPORT ACT 1987 [ACT 333] 288/2012 Issued under s.132(1A), Income Tax Act 1967 and s.65A(1), Petroleum (Income Tax) Act 1967 WEIGHT RESTRICTIONS (FEDERAL ROADS) (AMENDMENT) ORDER 2012 w.e.f.:- 8.11.2012 Issued under s.70(1), Road Transport Act 1987 Notes:- Amends List I,II and III of Sch.2, Weight Restrictions (Federal Roads) Order 1989, [P.U.(A) 478/1989] PETROLEUM (INCOME TAX) ACT 1967 [ACT 543] 338/2012 w.e.f.:- 12.9.2012 DOUBLE TAXATION RELIEF (THE GOVERNMENT OF THE REPUBLIC OF INDIA) ORDER 2012 Issued under s.65A(1), Petroleum (Income Tax) Act 1967 and s.132(1), Income Tax Act 1967 w.e.f.:- 17.10.2012 SALES TAX ACT 1972 [ACT 64] 352/2012 SALES TAX (EXEMPTION) (AMENDMENT) (NO.4) ORDER 2012 Issued under s.8, Sales Tax Act 1972 PETROLEUM (INCOME TAX) ACT 1967 [ACT 543] 334/2012 Notes:- Amends Sch.,A, Sales Tax (Exemption) Order 2008, [P.U.(A) 91/2008] PETROLEUM (INCOME TAX) (DEDUCTION FOR EXPENDITURE INCURRED FOR THE w.e.f.:- 1.1.2012 PROVISION OF AN APPROVED INTERNSHIP PROGRAMME) RULES 2012 Issued under s.83(1)(a), Petroleum (Income Tax) Act 1967 w.e.f.:- y/a 2012-y/a 2016

Praxis JAN-MAR 2013 71 Bar Updates/Notices

SALES TAX ACT 1972 [ACT 64] 353/2012 SUBORDINATE COURTS RULES ACT 1955 [ACT 55] 205/2012 SALES TAX (EXEMPTION) (AMEDMENT) (NO.5) ORDER 2012 COURTS OF JUDICATURE ACT 1964 [ACT 91] Issued under s.8, Sales Tax Act 1972 RULES OF COURT 2012 Notes:- - Amends para.2, para.3, and para.4, Issued under s.4, Subordinate Courts Rules Act 1955 and s.17, Courts of Judicature Act 1964 - Deletes Sch.A, Sales Tax (Exemption) Order 2008, [P.U.(A) 91/2008] Notes:- These Rules, except for Order 91, comes into operation on 1 August 2012. w.e.f.:- 31.10.2012 - Order 91 comes into operation on a date to be appointed by the Rules Committee and the Subordinate Court Rules Committee by notification in the Gazette. SALES TAX ACT 1972 [ACT 64] 429/2012 - Repeals the Rules of the High Court 1980, [P.U.(A) 50/1980] SALES TAX (EXEMPTION) (AMENDMENT) (NO.6) ORDER 2012 - Repeals the Subordinate Court Rules 1980, [P.U.(A) 328/1980] Issued under s.8, Sales Tax Act 1972 w.e.f.:- 1.8.2012 – All Orders except Order 91 Notes: - Amends Sch.B, Sales Tax (Exemption) Order 2008, [P.U.(A) 91/2008] w.e.f.:- 1.8.2012 – [P.U.(B) 282/2012] - Order 91 w.e.f.:- 30.11.2012 SUBORDINATE COURTS RULES ACT 1955 [ACT 55] 286/2012 SALES TAX ACT 1972 [ACT 64] 354/2012 COURTS OF JUDICATURE ACT 1964 [ACT 91] SALES TAX (RATES OF TAX NO.1) ORDER 2012 RULES OF COURT (AMENDMENT) (NO.2) 2012 Issued under s.15(1), Sales Tax Act 1972 Issued under s.4, Subordinate Courts Rules Act 1955 and s.17, Courts of Judicature Act 1964 Notes:- Revokes Sales Tax (Rates of Tax No.1) Order 2008, [P.U.(A) 92/2008] Notes:- Amends Orders 1,6,12,45,55,55A,59,71,74,85A,86,92,Appendix A and B, w.e.f.:- 31.10.2012 [P.U.(A) 205/2012]. w.e.f.:- 1.8.2012 SALES TAX ACT 1972 [ACT 64] 355/2012 SALES TAX (RATES OF TAX NO.2) ORDER 2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 409/2012 Issued under s.15(1), Sales Tax Act 1972 UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE NATIONAL Notes:- Revokes Sales Tax (Rates of Tax No.2) Order 2008, [P.U.(A) 93/2008] DEFENCE UNIVERSITY OF MALAYSIA) (AMENDMENT) 2012 w.e.f.:- 31.10.2012 Issued under s.8(3), Universities and University Colleges Act 1971 Notes:- Amends ss.4,14,16,22,Sch., inserts new s.28A and deletes s.27, Constitution of SERVICE COMMISSIONS ACT 1957 [ACT 393] 269/2012 the National Defence University of Malaysia, [P.U.(A) 474/2010] SERVICE COMMISSIONS (AMENDMENT OF SCHEDULE) REGULATIONS 2012 w.e.f.:- 23.11.2012 Issued under s.13, Service Commissions Act 1957 Notes:- Amends Sch, Service Commissions Act 1957 [Act 393] UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 381/2012 w.e.f.:- 1.8.2012 UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI KEBANGSAAN MALAYSIA) (AMENDMENT) ORDER 2012 SERVICE COMMISSIONS ACT 1957 [ACT 393] 347/2012 Issued under s.8(3), Universities and University Colleges Act 1971 SERVICE COMMISSIONS (AMENDMENT OF SCHEDULE) (NO.2) REGULATIONS 2012 Notes: - Amends ss.4,14,16,22,Sch., inserts new s.28A and deletes s.27, Constitution of Issued under s.13, Service Commissions Act 1957 the Universiti Kebangsaan Malaysia, [P.U.(A) 446/2010] Notes:- Amends Sch., Service Commissions Act 1957 [Act 393] w.e.f.:- 23.11.2012 w.e.f.:- 1.8.2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 407/2012 SERVICE TAX ACT 1975 [ACT 151] 305/2012 UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI SERVICE TAX (AMENDMENT) REGULATIONS 2012 CORRIGENDUM MALAYSIA KELANTAN) (AMENDMENT) ORDER 2012 Notes: - Corrigendum to [P.U.(A) 244/2012] Issued under s.8(3), Universities and University Colleges Act 1971 - Corrects by substituting in the national language text, in subregulation 1(2), for the Notes: - Amends ss.4,14,16,22,Sch., inserts new s.28A and deletes s.27, Constitution of word “2012” the word “2011” the Universiti Malaysia Kelantan [P.U.(A) 462/2010] w.e.f.:- 23.11.2012 STAMP ACT 1949 [ACT 378] 268/2012 STAMP DUTY (EXEMPTION) (NO.3) ORDER 2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 413/2012 Issued under s.80(1), Stamp Act 1949 UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI Notes:- Exempts :- MALAYSIA PAHANG) (AMENDMENT) ORDER 2012 a) all instruments which are executed by a Labuan entity in connection with a Labuan Issued under s.8(3), Universities and University Colleges Act 1971 business activity; Notes: - Amends ss.4,14,16,22,sch., inserts new s.28A and deletes s.27, Constitution of b) all Memorandum and Articles of Association, statute, charter, rules, by-laws, the Universiti Malaysia Pahang [P.U.(A) 464/2010] partnership agreement or other instrument, under or by which a Labuan entity is w.e.f.:- 23.11.2012 established and the scope of that entity’s function, business, powers and duties are set out, whether contained in one or more documents; and UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 405/2012 c) all instruments of transfer of shares in a Labuan entity. UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI - Revokes the Stamp Duty (Exemption) Order 2000, [P.U.(A) 9/2000] MALAYSIA PERLIS) (AMENDMENT) ORDER 2012 w.e.f:- 11.2.2010 Issued under s.8(3), Universities and University Colleges Act 1971 Notes: - Amends ss.4,14,16,22,Sch., inserts new s.28A and deletes s.27, Constitution of STAMP ACT 1949 [ACT 378] 317/2012 the Universiti Kebangsaan Malaysia, [P.U.(A) 468/2010] STAMP DUTY (EXEMPTION) (NO.4) ORDER 2012 w.e.f.:- 23.11.2012 Issued under s.80(1), Stamp Act 1949 Notes:- The following instruments for the purchase of a flat under the Program UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 393/2012 Perumahan Rakyat Majlis Tindakan Ekonomi Negara and Perumahan Awam Dewan UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI Bandaraya Kuala Lumpur executed on or after 1 January 2012 but not later than 31 MALAYSIA SABAH) (AMENDMENT) ORDER 2012 December 2013 are exempted from stamp duty:- Issued under s.8(3), Universities and University Colleges Act 1971 a) the Sale and Purchase Agreement of a flat between Dewan Bandaraya Kuala Lumpur Notes: - Amends ss.4,14,16,22,Sch., inserts new s.28A and deletes s.27, Constitution of and the purchaser; the Universiti Malaysia Sabah, [P.U.(A) 460/2010] b) the instrument effecting the transfer of title of the flat from Dewan Bandaraya Kuala w.e.f.:- 23.11.2012 Lumpur to the purchaser named in the Sale and Purchase Agreement in paragraph (a); and UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 391/2012 c) the instrument in the nature of security executed between the purchaser named in UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI the Sale and Purchase Agreement in paragraph (a) and a bank or financial institution to MALAYSIA SARAWAK) (AMENDMENT) ORDER 2012 finance the purchase of the flat. Issued under s.8(3), Universities and University Colleges Act 1971 w.e.f.:- 1.1.2012 – 31.12.2013 Notes: - Amends ss.4,14,16,22,Sch., inserts new s.28A and deletes s.27, Constitution of the Universiti Malaysia Sarawak, [P.U.(A) 458/2010] STAMP ACT 1949 [ACT 378] 416/2012 w.e.f.:- 23.11.2012 STAMP DUTY (REMISSION) (NO.3) ORDER 2012 Issued under s.80(2), Stamp Act 1949 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 403/2012 Notes:- Remits fifty per cent from the stamp duty chargeable on any loan agreement UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI executed between a purchaser named in a Sale and Purchase Agreement who is a MALAYSIA TERENGGANU) (AMENDMENT) ORDER 2012 Malaysian citizen and – Issued under s.8(3), Universities and University Colleges Act 1971 (a) a bank or finance company licensed or deemed to be licensed under the Banking and Notes: - Amends ss.4,14,16,22,Sch., inserts new s.28A and deletes s.27, Constitution of Financial Institutions Act 1989 [Act 372] the Universiti Malaysia Terengganu, [P.U.(A) 466/2010] b) a bank licensed under the Islamic Banking Act 1983 [Act 276] w.e.f.:- 23.11.2012 (c) a development financial institution prescribed under the Development Financial Institutions Act 2002 [Act 618] UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 387/2012 (d) an insurance business registered under the Insurance Act 1996 [Act 553] UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITY OF (e) a co-operative society registered under the Co-operative Societies Act 1993 [Act 502]; MALAYA) (AMENDMENT) ORDER 2012 or Issued under s.8(3), Universities and University Colleges Act 1971 (f ) an employee under an employee housing loan scheme, to finance the purchase Notes: - Amends ss.4,14,16,22,Sch., inserts new s.28A and deletes s.27, Constitution of of only one unit of residential property costing not more than four hundred thousand the Universiti of Malaya, [P.U.(A) 444/2010] ringgit (RM400,000). w.e.f.:- 23.11.2012 w.e.f:- 1.1.2013 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 397/2012 STAMP ACT 1949 [ACT 378] 417/2012 UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITY STAMP DUTY (REMISSION) (NO.4) ORDER 2012 PENDIDIKAN SULTAN IDRIS) (AMENDMENT) ORDER 2012 Issued under s.80(2), Stamp Act 1949 Issued under s.8(3), Universities and University Colleges Act 1971 Notes:- Remits fifty per cent from the stamp duty chargeable on any instrument of Notes: - Amends ss.4,14,16,22,Sch., inserts new s.28A and deletes s.27, Constitution of transfer for the purchase of only one unit of residential property costing not more than the Universiti Pendidikan Sultan Idris, [P.U.(A) 452/2010] four hundred thousand ringgit (RM400,000) by an individual who is a Malaysian citizen w.e.f.:- 23.11.2012 provided that — (a) the Sale and Purchase Agreement for the purchase of the residential property referred UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 385/2012 to in subparagraph (1) is executed on or after 1 January 2013 but not later than 31 UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI December 2014; PUTRA MALAYSIA) (AMENDMENT) ORDER 2012 (b) at the date of execution of that Sale and Purchase Agreement the individual referred Issued under s.8(3), Universities and University Colleges Act 1971 to in subparagraph (1) does not own any other residential property ; and Notes: - Amends ss.4,14,16,22 and Sch., inserts new s.28A and deletes s.27, Constitution (c) the application for the remission of stamp duty under subparagraph (1) shall only of the Universiti Putra Malaysia, [P.U.(A) 448/2010] be made once.. w.e.f.:- 23.11.2012 w.e.f:- 1.1.2013

72 Praxis JAN-MAR 2013 Bar Updates/Notices

UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 383/2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 402/2012 UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, THE SAINS MALAYSIA) (AMENDMENT) ORDER 2012 CONSTITUTION) (UNIVERSITY MALAYSIA TERENGGANU) (AMENDMENT) ORDER 2012 Issued under s.8(3), Universities and University Colleges Act 1971 Issued under s.26(b), Universities and University Colleges Act 1971 Notes: - Amends ss.15,17, inserts new s.35A and deletes s.34, Constitution of the Notes:- Amends Sch., Universities and University Colleges (Variation of and Addition Universiti Sains Malaysia, [P.U.(A) 220/2011] to, the Constitution) (University Malaysia Terengganu) Order 2010, [P.U.(A) 465/2010] w.e.f.:- 23.11.2012 w.e.f.:- 23.11.2012

UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 395/2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 386/2012 UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, SAINS ISLAM MALAYSIA) (AMENDMENT) ORDER 2012 THE CONSTITUTION) (UNIVERSITY OF MALAYA) (AMENDMENT) ORDER 2012 Issued under s.8(3), Universities and University Colleges Act 1971 Issued under s.26(b), Universities and University Colleges Act 1971 Notes: - Amends ss.4,14,16,22,sch., inserts new s.28A and deletes s.27, Constitution of Notes:- Amends Sch., Universities and University Colleges (Variation of and Addition to, the Universiti Sains Islam Malaysia, [P.U.(A) 454/2010] the Constitution) (University of Malaya) Order 2010, [P.U.(A) 443/2010] w.e.f.:- 23.11.2012 w.e.f.:- 23.11.2012

UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 411/2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 396/2012 UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, THE SULTAN ZAINAL ABIDIN) (AMENDMENT) ORDER 2012 CONSTITUTION) (UNIVERSITI PENDIDIKAN SULTAN IDRIS) (AMENDMENT) ORDER 2012 Issued under s.8(3), Universities and University Colleges Act 1971 Issued under s.26(b), Universities and University Colleges Act 1971 Notes: - Amends ss.4,14,16,22,sch., inserts new s.28A and deletes s.27, Constitution of Notes:- Amends Sch., Universities and University Colleges (Variation of and Addition to, the Universiti Sultan Zainal Abidin, [P.U.(A) 456/2010] the Constitution) (University Pendidikan Sultan Idris) Order 2010, [P.U.(A) 451/2010] w.e.f.:- 23.11.2012 w.e.f.:- 23.11.2012

UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 399/2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 384/2012 UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, TEKNIKAL MALAYSIA MELAKA) (AMENDMENT) ORDER 2012 THE CONSTITUTION) (UNIVERSITI PUTRA MALAYSIA) (AMENDMENT) ORDER 2012 Issued under s.8(3), Universities and University Colleges Act 1971 Issued under s.26(b), Universities and University Colleges Act 1971 Notes: - Amends ss.4,14,16,22,sch., inserts new s.28A and deletes s.27, Constitution Notes:- Amends Sch., Universities and University Colleges (Variation of and Addition to, of the Universiti Teknikal Malaysia Melaka, [P.U.(A) 470/2010] the Constitution) (University Putra Malaysia) Order 2010, [P.U.(A) 447/2010] w.e.f.:- 23.11.2012 w.e.f.:- 23.11.2012

UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 389/2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 382/2012 UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF, AND ADDITION TO, TEKNOLOGI MALAYSIA) (AMENDMENT) ORDER 2012 THE CONSTITUTION) (UNIVERSITI SAINS MALAYSIA) (AMENDMENT) ORDER 2012 Issued under s.8(3), Universities and University Colleges Act 1971 Issued under s.26(b), Universities and University Colleges Act 1971 Notes: - Amends ss.4,14,16,22,Sch., inserts new s.28A and deletes s.27, Constitution of Notes:- Amends Sch., Universities and University Colleges (Variation of, and Addition to, the Universiti Teknologi Malaysia, [P.U.(A) 450/2010] the Constitution) Universiti Sains Malaysia) Order 2011, [P.U.(A) 222/2011] w.e.f.:- 23.11.2012 w.e.f.:- 23.11.2012

UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 401/2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 394/2012 UNIVERSITIES AND UNIVERSITY COLLEGES (CONSTITUTION OF THE UNIVERSITI UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, THE TUN HUSSEIN ONN MALAYSIA) (AMENDMENT) ORDER 2012 CONSTITUTION) (UNIVERSITI SAINS ISLAM MALAYSIA) (AMENDMENT) ORDER 2012 Issued under s.8(3), Universities and University Colleges Act 1971 Issued under s.26(b), Universities and University Colleges Act 1971 Notes: - Amends ss.4,14,16,22,sch.,inserts new s.28A and deletes s.27, Constitution of Notes:- Amends Sch., Universities and University Colleges (Variation of and Addition to, the Universiti Tun Hussein Onn Malaysia, [P.U.(A) 472/2010] the Constitution) (Universiti Sains Islam Malaysia) Order 2010, [P.U.(A) 453/2010] w.e.f.:- 23.11.2012 w.e.f.:- 23.11.2012

UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 408/2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 410/2012 UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, THE TO, THE CONSTITUTION) (NATIONAL DEFENCE UNIVERSITY OF MALAYSIA) CONSTITUTION) (UNIVERSITI SULTAN ZAINAL ABIDIN) (AMENDMENT) ORDER 2012 (AMENDMENT) ORDER 2012 Issued under s.26(b), Universities and University Colleges Act 1971 Issued under s.26(b), Universities and University Colleges Act 1971 Notes:- Amends Sch., Universities and University Colleges (Variation of and Addition to, Notes:- Amends Sch., Universities and University Colleges (Variation of and Addition the Constitution) (Universiti Sultan Zainal Abidin) Order 2010, [P.U.(A) 455/2010] to, the Constitution) (National Defence University of Malaysia) Order 2010, [P.U.(A) w.e.f.:- 23.11.2012 473/2010] w.e.f.:- 23.11.2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 398/2012 UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, THE UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 380/2012 CONSTITUTION) (UNIVERSITI TEKNIKAL MALAYSIA MELAKA) (AMENDMENT) ORDER 2012 UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, THE Issued under s.26(b), Universities and University Colleges Act 1971 CONSTITUTION) (UNIVERSITI KEBANGSAAN MALAYSIA) (AMENDMENT) ORDER 2012 Notes:- Amends Sch., Universities and University Colleges (Variation of, and Addition to, Issued under s.26(b), Universities and University Colleges Act 1971 the Constitution) (Universiti Teknikal Malaysia Melaka) Order 2010, [P.U.(A) 469/2010] Notes:- Amends Sch., Universities and University Colleges (Variation of and Addition to, w.e.f.:- 23.11.2012 the Constitution) (Universiti Kebangsaan Malaysia) Order 2010, [P.U.(A) 445/2010] w.e.f.:- 23.11.2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 388/2012 UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, THE CONSTITUTION) (UNIVERSITI TEKNOLOGI MALAYSIA) (AMENDMENT) ORDER 2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 406/2012 Issued under s.26(b), Universities and University Colleges Act 1971 UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, THE Notes:- Amends Sch., Universities and University Colleges (Variation of, and Addition to, CONSTITUTION) (UNIVERSITI MALAYSIA KELANTAN) (AMENDMENT) ORDER 2012 the Constitution) (Universiti Teknologi Malaysia) Order 2010, [P.U.(A) 449/2010] Issued under s.26(b), Universities and University Colleges Act 1971 w.e.f.:- 23.11.2012 Notes:- Amends Sch., Universities and University Colleges (Variation of and Addition to, the Constitution) (Universiti Malaysia Kelantan) Order 2010, [P.U.(A) 461/2010] w.e.f.:- 23.11.2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 400/2012 UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, THE CONSTITUTION) (UNIVERSITI TUN HUSSEIN ONN MALAYSIA) (AMENDMENT) ORDER 2012 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 412/2012 Issued under s.26(b), Universities and University Colleges Act 1971 UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, THE Notes:- Amends Sch., Universities and University Colleges (Variation of, and Addition to, CONSTITUTION) (UNIVERSITI MALAYSIA PAHANG) (AMENDMENT) ORDER 2012 the Constitution) (Universiti Tun Hussein Onn Malaysia) Order 2010, [P.U.(A) 471/2010] Issued under s.26(b), Universities and University Colleges Act 1971 w.e.f.:- 23.11.2012 Notes:- Amends Sch., Universities and University Colleges (Variation of and Addition to, the Constitution) (Universiti Malaysia Pahang) Order 2010, [P.U.(A) 463/2010] YOUTH SOCIETIES AND YOUTH DEVELOPMENT ACT 2007 [ACT 668] 373/2012 w.e.f.:- 23.11.2012 YOUTH SOCIETIES (REGISTRATION) (AMENDMENT) REGULATIONS 2012 Issued under s.121, Youth Societies and Youth Development Act 2007 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 404/2012 Notes:- - Amends reg.15 UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, - Deletes reg.14, Youth Societies (Registration) Regulations 2007, [P.U.(A) 446/2007] THE CONSTITUTION) (UNIVERSITI MALAYSIA PERLIS) (AMENDMENT) ORDER 2012 w.e.f.:- 21.11.2012 Issued under s.26(b), Universities and University Colleges Act 1971 Notes:- Amends Sch., Universities and University Colleges (Variation of and Addition to, the Constitution) (Universiti Malaysia Perlis) Order 2010, [P.U.(A) 467/2010] w.e.f.:- 23.11.2012 LATEST INDEX TO SELECTED P.U.(B) UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 392/2012 SERIES 2012 UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, THE CONSTITUTION) (UNIVERSITI MALAYSIA SABAH) (AMENDMENT) ORDER 2012 As at 7.12.2012 Issued under s.26(b), Universities and University Colleges Act 1971 Notes:- Amends Sch., Universities and University Colleges (Variation of and Addition to, Title P.U.(B) NO. the Constitution) (Universiti Malaysia Sabah) Order 2010, [P.U.(A) 459/2010] w.e.f.:- 23.11.2012 ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS ACT 2007 [ACT 670] 305/2012 NOTIFICATION UNDER SUBSECTION 42(1) Notes:- Declares the Rumah Perlindungan Kanak-Kanak, Jalan Yahya Aldatar, 80300 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 [ACT 30] 390/2012 Johor Bahru, as a place of refuge for the care and protection of trafficked persons. UNIVERSITIES AND UNIVERSITY COLLEGES (VARIATION OF AND ADDITION TO, THE w.e.f.:- 1.10.2012 CONSTITUTION) (UNIVERSITY MALAYSIA SARAWAK) (AMENDMENT) ORDER 2012 Issued under s.26(b), Universities and University Colleges Act 1971 CHILD ACT 2001 [ACT 611] 376/2012 Notes:- Amends Sch., Universities and University Colleges (Variation of and Addition to, APPOINTMENT OF APPROVED SCHOOL the Constitution) (University Malaysia Sarawak) Order 2010, [P.U.(A) 457/2010] Notes:- Appoints Sekolah Tunas Bakti (Perempuan) Kuching, Sarawak as an approved school. w.e.f.:- 23.11.2012 w.e.f.:- 21.11.2012

Praxis JAN-MAR 2013 73 Bar Updates/Notices

CHILD ACT 2001 [ACT 611] 374/2012 FRANCHISE (AMENDMENT) ACT 2012 [ACT A1442] 387/2012 APPOINTMENT OF PLACE OF DETENTION APPOINTMENT OF DATE OF COMING INTO OPERATION Notes:- The Minister appoints a building measuring 10 metres by 10 metres in Sekolah Notes:- 1 January 2013 appointed as the date on which the [Act A1442] comes into Tunas Bakti (Perempuan) Kuching, Sarawak as a place of detention for a female child. operation. w.e.f.:- 21.11.2012 w.e.f.:- 1.1.2013 CHILD ACT 2001 [ACT 611] 377/2012 INTERPRETATION ACTS 1948 AND 1967 [ACT 388] 383/2012 APPOINTMENT OF PLACE OF REFUGEE TEMPORARY EXERCISE OF MINISTERIAL FUNCTIONS Notes:- Appoints Taman Seri Puteri, Batu 7 ½, Jalan Tuaran, 88300 Kota Kinabalu, Notes:- Yang di-Pertuan Agong has directed that during the periods specified in column Sabah as a place of refugee. (1) of the Schedule the function of the Prime Minister, Dato’ Seri Mohd. Najib bin Tun w.e.f.:- 21.11.2012 Haji Abdul Razak shall be exercisable by the Deputy Prime Minister cum Minister of Education, Tan Sri Dato’ Haji Mahiaddin bin Md.Yasin. CHILD ACT 2001 [ACT 611] 356/2012 w.e.f.:- 24.11.2012 APPOINTMENT OF PLACE OF SAFETY Notes:- The Minister appoints Rumah Kanak-Kanak Mini Kelantan as a place of safety. LEGAL PROFESSION ACT 1976 [ACT 166] 285/2012 w.e.f.:- 1.11.2012 NOTIFICATION UNDER SUBSECTION 76(1) Notes:- The persons named in the Schedule have been appointed as members of the CHILD ACT 2001 [ACT 611] 373/2012 Bar Council and members of the State Bar Committees for the year 2012/2013; and REVOCATION OF APPOINTMENT OF PLACE OF DETENTION - Encik Tony Woon Yeow Thong has been elected as the Secretary of the Malaysian Bar. Notes:- Revokes the appointment of Asrama Akhlak Kuching, Sarawak as a place w.e.f.:- 14.9.2012 of detention for a male child as published in the Gazette on 16 Oct 2003, [P.U.(B) 330/2003]. MENTAL HEALTH ACT 2001 [ACT 615] 309/2012 w.e.f.:- 21.11.2012 APPOINTMENT OF GOVERNMENT PSYCHIATRIC HOSPITAL Notes:- The Minister appoints the whole or any part of University Malaya Medical Centre CHILD ACT 2001 [ACT 611] 375/2012 as government psychiatric hospital for admission, detention, lodging, care, treatment, REVOCATION OF APPOINTMENT OF PLACE OF SAFETY rehabilitation, control and protection of persons who are mentally disordered. Notes:- Revokes the appointment of Rumah Budak Laki-Laki, Batu 7 ½ Jalan Tuaran, w.e.f.:- 15.6.2010 88300 Kota Kinabalu, Sabah as a place of safety as published in the Gazette on 23 August 2011, [P.U.(B) 481/2011]. NATIONAL HERITAGE ACT 2005 [ACT 645] 295/2012 w.e.f.:- 21.11.2012 AMENDMENT OF NOTICE OF INTENTION TO DESIGNATE SITE AS HERITAGE SITE Notes:- Amends the Notice of Intention to Designate Site as Heritage Site published in COMPANIES ACT 1965 [ACT 125] 277/2012 the Gazette on 3 May 2010 [P.U.(B) 230/2010] by deleting item 2 and the particulars NOTICE OF EXEMPTION UNDER SUBSECTION 96(1) relating to it. Notes:- Exempts Arowana Venture Berhad from having to comply with the provision w.e.f.:- 22.9.2012 of subparagraph 88(1)(b)(iii) of the Act for the first two years of the scheme in relation to the interests which relate to a trust deed in respect of Arowana Venture Breeding NATIONAL HERITAGE ACT 2005 [ACT 645] 296/2012 Management Scheme. AMENDMENT OF NOTICE OF INTENTION TO DESIGNATE SITE AS HERITAGE SITE w.e.f.:- 8.9.2011 Notes:- Amends the Notice of Intention to Designate Site as Heritage Site published in the Gazette on 24 June 2010 [P.U.(B) 283/2010] by deleting item 7 and the particulars COMPANIES ACT 1965 [ACT 125] 278/2012 relating to it. NOTICE OF EXEMPTION UNDER SUBSECTION 96(1) w.e.f.:- 22.9.2012 Notes:- Exempts Yuk Tung Leisure Berhad from having to comply with the provision of subparagraph 88(1)(b)(iii) of the Act for the first four years of the scheme in relation to NATIONAL HERITAGE ACT 2005 [ACT 645] 297/2012 the interests which relate to a trust deed in respect D’Club . AMENDMENT OF NOTICE OF INTENTION TO DESIGNATE SITE AS HERITAGE SITE w.e.f.:- 8.9.2011 Notes:- Amends the Notice of Intention to Designate Site as Heritage Site published in the Gazette on 31 March 2011 [P.U.(B) 129/2011] by deleting items 10 and 11 and the COMPANIES ACT 1965 [ACT 125] 279/2012 particulars relating to it. NOTICE OF EXEMPTION UNDER SUBSECTION 96(1) w.e.f.:- 22.9.2012 Notes:- Exempts TFDC Asiacorp Berhad from having to comply with the provision of subparagraph 88(1)(b)(iii) of the Act for the first years of the scheme in relation NATIONAL HERITAGE ACT 2005 [ACT 645] 294/2012 to the interests which relate to a trust deed in respect of Forest Lakes Country Club REVOCATION OF NOTICE OF INENTION TO DESIGNATE SITE AS HERITAGE SITE Development Investment Scheme.. Notes:- Revokes the Notice of Intention to Designate site as Heritage Site published in w.e.f.:- 8.9.2011 the Gazette on 2 November 2009 [P.U.(B) 469/2009]. COMPANIES ACT 1965 [ACT 125] 364/2012 w.e.f.:- 22.9.2012 NOTICE OF EXEMPTION UNDER SUBSECTION 96(1) OFFENDERS COMPULSORY ATTENDANCE ACT 1954 [ACT 461] 304/2012 Notes:- Exempts Walton Berhad from having to comply with the provision of PRESCRIPTION OF PRESCRIBED DISTANCE UNDER SECTION 2 subparagraph 88(1)(b)(iii) of the Act for the first five years of the scheme in relation to w.e.f.:- 1.10.2012 the interests which relate to a trust deed in respect of Walton Winder Pre-Development Land Investment Scheme. 378/2012 w.e.f.:- 30.4.2012 PENSIONS ACT 1980 [ACT 227] DETERMINATION AND REVOCATION OF DETERMINATION OF LOWEST PENSION COMMISSIONS OF ENQUIRY ACT 1950 [ACT 119] 303/2012 UNDER SECTION 22A APPOINTMENT UNDER SECTION 7 Notes:- The Yang di-Pertuan Agong determines that for the purpose of calculating Notes:- The Yang- di-Pertuan Agong appoints YBhg.Dato’ Saripuddin bin Kasim to be pension on the basis of reckonable service of not less than twenty-five years, the amount Secretary to the Commission of Enquiry on Immigrants in Sabah. payable under the Act shall not be less than eight hundred and twenty ringgit per w.e.f.:- 25.9.2012 month. - Revokes the Determination of Lowest Pension under Section 22A published in [P.U.(B) COMMISSIONS OF ENQUIRY ACT 1950 [ACT 119] 300/2012 38/2009] on 29 January 2009. COMMISSION OF ENQUIRY ON IMMIGRANTS IN SABAH COMMISSION w.e.f.:- 1.1.2012 w.e.f.:- 22.9.2012 PRISON ACT 1995 [ACT 537] 334/2012 CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2001 [ACT A1132] 284/2012 APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT APPOINTMENT OF DATE OF COMING INTO OPERATION Notes:- The lock-up of Bera Police Station Headquarters, Pahang to be a place for the Notes:- 15 September 2012 appointed as the date on which sections confinement of persons, remanded or sentenced to such terms of imprisonment not 2,9,11,12,13,14,15,16,17,18,19 and 21 of the [Act A1132] comes into operation. exceeding one month. w.e.f.:- 15.9.2012 w.e.f.:- 24.10.2012

DELEGATION OF POWERS ACT 1956 [ACT 358] 292/2012 ROAD TRANSPORT (AMENDMENT) ACT 2012 [ACT A1440] 283/2012 DELEGATION OF POWERS UNDER SECTIONS 77,84 AND 85 OF THE ROAD APPOINTMENT OF DATE OF COMING INTO OPERATION TRANSPORT ACT 1987 Notes:- 15 September 2012 appointed as the date on which the [Act A1440] comes Notes:- Revokes the delegation of powers under section 77 of Road Transport Act 1987 into operation. for the State of Sabah which is made in [P.U.(B) 42/1996] w.e.f.:- 15.9.2012 - Revokes the delegation of powers under section 84 of Road Transport Act 1987 for the State of Sabah which is made in [P.U.(B) 43/1996] 282/2012 - Revokes the delegation of powers under section 85 of Road Transport Act 1987 for RULES OF COURT 2012 [P.U.(A) 205/2012] the State of Sabah which is made in [P.U.(B) 44/1996] APPOINTMENT OF DATE OF COMING INTO OPERATION w.e.f.:- 15.9.2012 Notes:- 1 August 2012 appointed as the date on which O.91, [P.U.(A) 205/2012] comes into operation. ELECTRICITY SUPPLY ACT 1990 [ACT 447] 307/2012 w.e.f.:- 1.8.2012 NOTIFICATION EXEMPTION UNDER SECTION 54 Notes:- The Minister exempts any installation licensed under section 9 of the Act from STATUTORY AND LOCAL AUTHORITIES PENSIONS ACT 1980 [ACT 239] 379/2012 the registration of such installation as provided under section 21 of the Act. DETERMINATION AND REVOCATION OF DETERMINATION OF LOWEST PENSION w.e.f.:- 30.7.2012 UNDER SECTION 25 Notes:- The Minister determines that for the purpose of calculating pension on the basis EMBLES AND NAMES (PREVENTION OF IMPROPER USE) ACT 1963 [ACT 414] 360/2012 of reckonable service of not less than twenty-five years, the amount payable under the NOTIFICATION UNDER SECTION 7 Act shall not be less than eight hundred and twenty ringgit per month. Notes:- The Yang di-Pertuan Agong makes an addition to the Schedule to the Act as - Revokes the Determination of Lowest Pension under Section 25 published in [P.U.(B) follows: 39/2009] on 29 January 2009. (a) in Part I — “8. The Malaysian Flag – Jalur Gemilang. 9. The emblem of the Ministries, w.e.f.:- 1.1.2012 Department or Federal Government Agencies.” (b) in Part II – “ 5. The name of the Malaysian Flag – Jalur Gemilang”. 386/2012 w.e.f.:- 1.11.2012 TAKAFUL ACT 1984 [ACT 312] NOTICE OF CANCELLATION OF REGISTGRATION OF TAKAFUL BUSINESS FOOD ACT 1983 [ACT 119] 306/2012 Notes:- The Director General gives notice of cancellation of registration of AIA Takaful CONTROL OF TOBACCO PRODUCT REGULATIONS 2004 International Bhd. as an international takaful operator on 6 September 2012. DECLARATION OF NON-SMOKING AREA 2012 w.e.f.:- 6.9.2012 w.e.f.:- 2.10.2012

74 Praxis JAN-MAR 2013 Bar Updates/Notices NOTICE REGARDING DOCUMENTS IN BAR COUNCIL’S CUSTODY: LEGAL FIRMS IN WHICH BAR COUNCIL HAS INTERVENED (As at 4 Dec 2012) When Bar Council intervenes in a legal firm pursuant to powers conferred by the Legal Profession Act 1976, it can take custody of documents that are within the control or possession of the firm. Subsequently, Bar Council takes steps to notify clients and/or interested parties to collect their documents within the stipulated time period. However, many documents are uncollected and remain in Bar Council’s custody, such as those taken from the legal firms listed below. Clients or interested parties who wish to claim documents that relate to cases that were handled by these legal firms are advised to contact the Bar Council’s Intervention Department at 03-2050 2159.

Kuala Lumpur Messrs Mohd Zawawi Amelda & Partners Messrs Jaharberdeen & Ngo Messrs Rosli Rahman & Co Messrs Kushairi & Co Messrs C K Kow & Co Messrs Jauhari & Assoc Messrs J L Lim & Co Messrs Loh & Co Messrs Nazli Ghazali & Cheong Messrs H K Teh & Assoc Messrs Mariam & Co Messrs Yusof Abdullah & Partners Messrs Zaim Al-Amin & Assoc Messrs Sabri Nazli Lana & Azizan Messrs K Y Teo & Associates Messrs R K Nandy & Associates Messrs Su How & Co Messrs Penney Khoo Soh Ping & Co Negeri Sembilan Messrs Badri Kuhan Yeoh & Ghandi Messrs M W Lian & Assoc. Messrs Umar Baki & Co Messrs M. Kuppusamy & Co Messrs K E Ooi & Partners Messrs Zihin Shariff & Partners Messrs Cheong & Chong Messrs Sasi Kumar & Assoc Messrs Anuar S J Ong & Co Messrs Khalid Chung & Shankar Messrs Hassan Kuldeep & Co Messrs S F Leow Messrs Adi Azhar Messrs Nordin Hamid & Co Messrs Khalil Samsuni & Co Messrs Azizi Nizam & Anwar Messrs B C Low Messrs Raja Rohana & Co Messrs Khalil Samsuni & Co Perak Messrs Sooriyar & Co Messrs Abdullah-Haniff & Assoc Malacca Messrs Ravi Nair Maideen & Assoc. Messrs Y H Chan & Co Selangor Messrs Ang Kwee Thian & Associates Messrs Mohd Azhar & Co Messrs Shaik Anwar Raja Messrs Loh & Co Messrs Tuah Hilmy & Hazudin Kedah/Perlis Messrs P L Low & Co Messrs Bagia Sri Devi & Co Messrs Parthan & Associates Messrs Jamaludin Amin & Co Messrs Wan Nizar Rais Messrs Noi Messrs YC Pok & Zurina Pahang Messrs Par Govind & Co Messrs Zubaidah Mukhtar Ahmad Messrs Ganesan Mariapan & Co Messrs Yum Ng & Stanley Messrs Hadi & Co Messrs S. Letchumanan & H. Nizam Johore Messrs Zul & Co Messrs Michael Lim & Assoc. Messrs Bhaarathee & Associates Messrs Razak & Fakrul Penang Messrs Yusuf Abdul Rahman & Co Messrs Zainal Rashid & Partners Messrs Baharuddin & Partners Messrs A J Hamzah & Co

LIBRARY UPDATES NEW BOOKS Chew, Andrew Peng Hui. Affidavit evidence. 2nd ed. Petaling Jaya, Nasser Hamid. Striking out. Ampang, Selangor: The Malaysian Selangor: Sweet & Maxwell Asia, 2012. Current Law Journal Sdn Bhd, 2012. Chew, Andrew Peng Hui. Caveat system in Sarawak. 4th ed. Raman, G. Probate and administration in Singapore and Malaysia. Petaling Jaya, Selangor: Sweet & Maxwell Asia, 2012. 3rd ed. Singapore: LexisNexis, 2012. Chew, Andrew Peng Hui. Customs offences. 4th ed. Petaling Jaya, Restatement of Indian law: legislative privilege in India. Gurgaon, Selangor: Sweet & Maxwell Asia, 2013. Haryana, India: LexisNexis, 2011. Faure, Michael [Ed.]. Climate change liability. Cheltenham: Edward Restatement of Indian law: public interest litigation. New Delhi, Elgar, 2011. India: Universal Law Publishing Co. Pvt. Ltd., 2011. Freiberg, Arie. [Ed.]. Penal populism, sentencing councils and Syed Husin Ali. Memoirs of a political struggle. Petaling Jaya, sentencing policy. Sydney, NSW: Hawkins Press, 2008. Selangor: Strategic Information and Research Development Centre, 2012. Harding, Andrew. The constitution of Malaysia: a contextual analysis. Oxford: Hart Publishing, 2012. Teo, Keang Sood. Land law in Malaysia: cases and commentary. 3rd ed. Petaling Jaya, Selangor: LexisNexis, 2012. Ida Madieha Abdul Ghani Azmi. Copyright law in Malaysia: cases and commentary. 2nd ed. Petaling Jaya, Selangor: Sweet & Teo Say Eng. Your rights and the law. Petaling Jaya, Selangor: Maxwell Asia, 2012. LexisNexis, 2007. Kanesh Sundrum [Ed.]. A practical guide to probate: letters of Thaler, Richard H. Nudge: improving decisions about health, administration. Petaling Jaya, Selangor: LexisNexis, 2012. wealth, and happiness. Revised and expanded edition. New York: Penguin Books, 2009. Kanesh Sundrum [Ed.]. A practical guide to probate: letters of probate. Petaling Jaya, Selangor: LexisNexis, 2012. Trowell, Mark. Sodomy II: the trial of Anwar Ibrahim. Singapore: Marshall Cavendish Editions, 2012. Kok, David Weng Tuck. Legal guide to conveyancing practice, Malaysia. 2nd ed. Singapore: CCH, 2012. Tsun, Hang Tey. Legal consensus: supreme executive: supine jurisprudence: suppliant profession of Singapore. Hong Kong: Lee, Mei Pheng. Banking law. 4th ed. Petaling Jaya, Selangor: Centre for Comparative and Public Law, the University of Hong LexisNexis, 2012. Kong, 2011. Macken, Claire. Counter-terrorism and the detention of suspected Wan Noraini Mohd Salim. Islamic law of succession: a practical terrorists: preventive detention and international human rights guide to the laws of Faraid. Ampang, Selangor: The Malaysian Milton Park, Abingdon, Oxon: Routledge, 2011. law. Current Law Journal Sdn Bhd, 2012. Malaysian Rules of Court 2012: an annotation. Petaling Jaya, Women’s Aid Organisation. CEDAW & Malaysia: Malaysian Non- Selangor: LexisNexis, 2012. Government Organisations’ alternative report: assessing the Mehrun Siraj. Resolving child custody disputes: the law & practice government’s progress in implementing the United Nations in Malaysia. Petaling Jaya, Selangor: LexisNexis, 2012. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Petaling Jaya, Selangor: Women’s Aid Murray, Carole. Schmitthoff: the law and practice of international Organisation, 2012. trade. 12th ed. London: Sweet & Maxwell, 2012.

Praxis JAN-MAR 2013 75 RMS ad_PRAXIS mag_hires.pdf 3/1/2012 3:16:54 PM

Bar Updates/Notices Having a hard time

DISCIPLINARY ORDERS locating a case file? (July to November 2012) We have the information you’re looking for.

STRUCK OFF S/1013 Sithradevi a/p P Nagalingam 7 Sept 2012 5,000

SA NO NAME ORDER DATED S/1330 Shahfeezal bin Mohd Nor 7 Sept 2012 500 (to take effect 21 days from date of Order) V/190 Vinesh a/l Satkunanathan 7 Sept 2012 5,000 M/363 Mohammad Nasri b Ismail 6 Sept 2012 N/1735 Noris Farida Siala binti Permin 8 Sept 2012 500 S/1400 Syed Syargawi bin Syed Ahmad 6 Sept 2012 Z/134 Zamri bin Ibrahim 8 Sept 2012 500 M/701 Mohd Faridz bin Mohd Dahlan 7 Sept 2012 C/596 Cantius Leo Camoens 5 Oct 2012 1,000 A/734 Azahari bin Abdullah 2 Nov 2012. Further ordered to refund I/75 Idris bin Zaidel 5 Oct 2012 1,000 complainant a sum of RM21,507.68 within three N/1255 Nurul Huda binti Abdul Rahman 5 Oct 2012 3,000 months from date of Order R/138 Rostam Khan b Munsab Khan 5 Oct 2012 5,000 FINED S/905 Syarazana Adila bt Hj Abdullah 5 Oct 2012 3,000 SA NO NAME ORDER FINED (RM) T/169 Teh Beng Chneah 5 Oct 2012 3,000 DATED Z/218 Zarinah binti Ghazali 5 Oct 2012 5,000 A/192 Amir bin Md Zain 6 July 2012 3,000 Y/319 Yusman bin Mohd Badar 6 Oct 2012 5,000 A/923 Azizan bin Datuk Wira Mo'min 6 July 2012 500 B/108 Basri bin Yusoff 2 Nov 2012 5,000 A/954 Andrew Erickson a/l A H Pereira 6 July 2012 500 P/283 Pritan Singh a/l Sarja Singh 2 Nov 2012 3,000 A/1329 Adam bin Ahmad 6 July 2012 2,500 W/191 Wang Phaik Mear 2 Nov 2012 1,000 C/1368 Chew Sein Ay 6 July 2012 2,500 H/324 Hairudin bin Mohamad Kelan 3 Nov 2012 3,000 F/158 Fadzirulhisham bin Mohamad 6 July 2012 3,000 M/1313 Majdah binti Idrus 3 Nov 2012 25,000 H/265 Ho Yen Min 6 July 2012 2,500 R/466 Rosli bin Kamaruddin 3 Nov 2012 1,000 Records Management is much more than H/336 Habibah bt Ismail 6 July 2012 2,500 R/482 Thalia Rohaina binti Abdul Latiff 3 Nov 2012 2,000 C storing cartons and files. It's about J/269 Jeeva Kumar Marimuthu 6 July 2012 3,000 S/766 Sivanesan a/l Ramiah 3 Nov 2012 15,000. Further ordered M reducing the risk of misplacing critical J/372 Jani Izwandy bin Che Jan 6 July 2012 2,500 to refund RM7,000 to the complainant within K/572 Katherine Kohlhoff Durai 6 July 2012 2,500 three months from date Y information. We can protect your K/906 Khadijah binti Khadir 6 July 2012 2,500 of order, failing which business information and help you access CM L/307 Ledchumiah s/o Ramamoorthy 6 July 2012 500 shall be liable to pay a further sum of RM7,500 your client records quickly and easily. L/1942 Linda Lee Ching Ching 6 July 2012 500 being the increase penalty MY M/378 Mohd Hanif b Abdul Rahman 6 July 2012 2,000 pursuant to section With Crown, you will always have the 103D(5) (as amended) of CY M/642 Mazura bt Darus 6 July 2012 500 the LPA information you are looking for. N/212 Noor Faizah binti Abdul Razak 6 July 2012 2,500 CMY REPRIMANDED N/758 Norlizah bte Mohd Yusoff 6 July 2012 1,500 K Storage of Cartons, Files, Documents N/951 Nor Azril bin Roselan 6 July 2012 2,500 SA NO NAME ORDER DATED N/1322 Nurhidayah bte Sumali 6 July 2012 2,500 M/1664 Mohd Razmien bin Ramli 6 July 2012 & Electronic Media N/2085 Nur Farzana binti Mohammad Puat 6 July 2012 2,500 B/91 Balaguru a/l Thiagarajah 6 Sept 2012 Cataloging, Indexing & File Insertion R/77 Robiha bt Mohamed 6 July 2012 2,000 C/1124 Che Noriati binti Jusoh 7 Sept 2012 R/170 Rafidi b Mohamad 6 July 2012 4,000 K/71 Samskrita Kemkumar Saviour Lopez a/l Gracian Lopez 7 Sept 2012 Scanning, Imaging, Data Conversion, P/269 Rafael Prabakaran b Abdullah 6 July 2012 1,500 R/602 Rusuzaimi binti Ishak 7 Sept 2012 Cataloging, Indexing, Data Storage & R/584 Rosilawati binti Ahmad Basir 6 July 2012 500 Z/31 Zulkifli b Zabidin 8 Sept 2012 S/2254 Sarita Sharma 6 July 2012 2,500 A/1778 Affaf binti Mohd Khair 5 Oct 2012 Hosting, from RMhost T/658 Tan Chee Phang 6 July 2012 500 H/108 Hong Kim Piow 5 Oct 2012 Secure & Confidential Waste W/416 Wan Tutiwani binti Wan Hamid 6 July 2012 500 Y/502 Yus Hafizi bin Mohamad Yunos 5 Oct 2012 Y/407 Yong Sze Ping Gordon 6 July 2012 2,500 L/813 Amy Loh Shook Fun 2 Nov 2012 Destruction A/181 Ayasamy s/o Kupusamy 7 July 2012 2,500 M/1574 Muhammad Lufti @ Bakhtiar bin Abbas 2 Nov 2012 A/1757 Abdul Halim b A. Hamid 7 July 2012 2,500 J/257 Jayaratnam a/l Kumarasamy 3 Nov 2012 Consultancy & Benchmarking C/452 Choong Kien Ying 7 July 2012 500 S/1267 Sairil Hamd bin Abdul Manaf 3 Nov 2012 Web-based Access via CrownInteract F/478 Farah Intan binti Burhanudin 7 July 2012 500 Suspended by the High Court H/444 Huzaini bin Hussin 7 July 2012 5,000 K/378 Kumutha Subramaniam 7 July 2012 500 Kanawagi a/l Seperumaniam (K/119) – suspended by the High Court on 28 June 2012 M/1231 Mohd Safuan Fadzli bin Mohsin Fadzli 7 July 2012 2,500 pursuant to section 88A(1)(a) of the Legal Profession Act 1976. N/1881 Nurlizahani binti Mohd Alang 7 July 2012 2,500 Outcome of Appeal against Disciplinary Orders S/604 Shamsudin b Bahari 7 July 2012 500 S/1304 Shahrinaz binti Shaik Mohamed 7 July 2012 2,500 David Abraham Samson Paul (D/50) S/1448 Sumali bin Alwi 7 July 2012 2,500 Struck off the Roll by Order dated 5 Feb 2010. Appeal dismissed by the High Court on 20 Dec 2010. Appeal dismissed by the Court of Appeal on 16 Mar 2012. Stay granted pending disposal of appeal Crown Records Management Z/397 Zatil ‘Ismah binti Azmi 7 July 2012 2,500 at the Federal Court. Appeal dismissed by the Federal Court on 10 Sept 2012. Kuala Lumpur S/588 Supramaniam a/l Kasia Pillai 6 Sept 2012 5,000 Call: (60) 3 5636 9166 E-mail: [email protected] A/471 Adnan bin Ahmad 7 Sept 2012 3,000 As at 10 Dec 2012 H/230 Halida bt Abu Hassan 7 Sept 2012 1,000 Penang Call: (60) 4 645 1166 E-mail: [email protected] Johor Call: (60) 7 5991 988 E-mail: [email protected]

76 Praxis JAN-MAR 2013 The Information You’re Looking For. www.crownrms.com/malaysia RMS ad_PRAXIS mag_hires.pdf 3/1/2012 3:16:54 PM

Having a hard time locating a case file? We have the information you’re looking for.

Records Management is much more than

C storing cartons and files. It's about

M reducing the risk of misplacing critical

Y information. We can protect your business information and help you access CM your client records quickly and easily. MY With Crown, you will always have the CY information you are looking for. CMY

K Storage of Cartons, Files, Documents & Electronic Media Cataloging, Indexing & File Insertion Scanning, Imaging, Data Conversion, Cataloging, Indexing, Data Storage & Hosting, from RMhost Secure & Confidential Waste Destruction Consultancy & Benchmarking Web-based Access via CrownInteract

Crown Records Management Kuala Lumpur Call: (60) 3 5636 9166 E-mail: [email protected] Penang Call: (60) 4 645 1166 E-mail: [email protected] Johor Call: (60) 7 5991 988 E-mail: [email protected] The Information You’re Looking For. www.crownrms.com/malaysia HOND-1211-002-CRA-004•Praxis.indd 1 17/01/13 6:27 PM