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ZRP BRIEF SEPT 2017.Indd Brief: 15/2017/FOLDER3 KDN No.: PP 12857/08/2013 (032657) Thank you for making us Employer of Choice 2017 A BRIEF CONTENTS NOTE... page 2 by Dato’ Zulkifl y Rafi que IN-BRIEF... Th e highlights in this Folder include: On managing millennials... • Advocates Ordinance Sabah amended • Court of Appeal ruling on ‘right’ to travel Many of us have discussed, debated and • Landmark ruling on Islamic family law deliberated upon the generation known as the • Pedra Branca dispute “Millennials”. Broadly speaking, Millennials • Sexual Off ences against Children Act 2017 are those born from 1982 to 1995, also • Tourism tax from 1 September known as Gen-Y (Generation Y), who grew • Germany: “NO” to accessing Facebook account up in the age of internet, smart phones • Th ailand: 10-year visa for retirees and social media, and who are identifi ed as • UK: New Lord Chief Justice appointed technologically adept. With the evolution of legal services, law page 4 fi rms are now populated by Millennials, all of whom with diff erent working styles and BRIEFING... ethics. Th us, it is important for law fi rms to Amongst the articles in our features: take certain measures in order to bridge that • KLRCA Arbitration Rules... An update generational gap and manage the working • Malaysian Code on Corporate Governance 2017 force in the best possible way. • Taking the LEAP! We, at ZUL RAFIQUE & partners, acknowledge that a law fi rm’s best asset is talent. We, therefore, strive to adapt to the page 10 requirements of the driving workforce by DEBRIEF... introducing various training programmes on soft skills and legal skills. Th is we do Th e cases Debriefed include: by periodically promoting continuous • Tun Dr Mahathir bin Mohamad & Ors v Datuk Seri Mohd professional developments, as well as creating Najib bin Tun Hj Abdul Razak [2017] 9 MLJ 1, High Court work-life integration by organising games, • Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat sports events, and other leisure activities, & Another Case [2017] 3 MLJ 561, Federal Court through our ZRp Sports Club. • Yeoh Tai Chuan & Anor v Tan Chong Kean [2016] 4 MLJ 769, Court of Appeal As said by Warren Bennis, “Success in management requires learning as fast as the world is changing.” page 13 With that said, we hope you enjoy the BRIEFLY... BriefCase of this quarter, and a very Happy Diwali to all our readers. Legislation Update: • Tourism Tax Act 2017 • Courts (Modes of Commencement of Civil Actions) Act 2017 • Self-Employment Social Security Act 2017 • Medical (Amendment) Act 2012 • Guidelines/Rules/Circulars/Directives and Practice Notes issued between July and September 2017 by Bank Negara Malaysia, Bursa Malaysia, and Securities Commission Malaysia IN-BRIEF • ADVOCATES ORDINANCE SABAH • PEDRA BRANCA DISPUTE Malaysia has AMENDED The Advocates Ordinance (Sabah) applied to the International Court of Justice (Amendment) Act 2017, an Act amending the to interpret two aspects of its judgment on 23 Advocates Ordinance Sabah, has come into May 2008 over the sovereignty of Pedra Branca force on 1 July 2017. or Pulau Batu Puteh, Middle Rocks, and South Ledge. • ANIMAL WELFARE ACT ENFORCED The Animal Welfare Act 2015 (“the Act”), which aims • SELF-EMPLOYMENT SOCIAL SECURITY to stop animal cruelty and promote responsible ACT ENFORCED Both the Self-Employment pet ownership, has been enforced on 1 July Social Security Act 2017 and the Self-Employment 2017. Besides the establishment of an Animal Social Security (Rates of Contribution for Taxi Welfare Board, the Act introduces heavier Driver) Regulations 2017 came into effect on punishment for animal abusers, namely, a fi ne 13 June 2017. Taxi drivers as well as e-hailing of between MYR20,000 and MYR100,000, or a drivers are now required to contribute to the maximum jail term of three years, or both. Self-Employment Social Security Scheme, administered by the Social Security Organisation • COURT OF APPEAL RULING ON ‘RIGHT’ TO (SOCSO). TRAVEL The Court of Appeal in Pua Kiam Wee v Ketua Pengarah Imigresen Malaysia & Anor • SEXUAL OFFENCES AGAINST CHILDREN has unanimously held that the right of Malaysian ACT 2017 The Sexual Offences against Children citizens to travel overseas is a ‘privilege’ and not Act 2017 has come into force on 10 July 2017. A a ‘right’, as there is no express provision on such special court (“the Court”) dedicated to sexual ‘right’ in the Federal Constitution. crimes against children has been established to hear cases concerning child pornography, child • LANDMARK RULING ON ISLAMIC FAMILY grooming, and child sexual assault. The Court is LAW The Court of Appeal, in A Child & 2 lagi the fi rst of its kind in Southeast Asia. v Jabatan Pendaftaran Negara & 2 lagi, ruled that a Muslim child who is conceived out of • SHARIAH-COMPLIANT SECURITIES LIST wedlock may assume his or her father’s name. UPDATED The Securities Commission Malaysia The National Registration Department has fi led (SC) has announced an updated list of Shariah- an appeal against the ruling and will continue compliant securities approved by its Shariah the current practice of registering the surname Advisory Council. The updated list, which came of a Muslim child who is born less than six months into effect on 26 May 2017, includes 23 newly- from the date of the parents’ marriage, as “binti/ classifi ed Shariah-compliant securities and bin Abdullah”. excludes 13 from the list issued in November 2016. • LEAP MARKET LISTING REQUIREMENTS • TOURISM TAX FROM 1 SEPTEMBER The ISSUED Bursa Malaysia has issued the listing Tourism Tax Act 2017 (“the Act”) will be fully requirements for its third market, namely, the enforced from 1 September 2017. Under the Act, Leading Entrepreneur Accelerator Platform foreign tourists boarding at accommodation (LEAP) Market for small and medium enterprises premises, hotels, inns, and rest houses are (SMEs). Eligible SMEs will be allowed to list on the required to pay tourism tax at a fl at rate of MYR10 LEAP Market, except when it concerns chain per room per night. Malaysians and permanent listing. The listing requirements and amended residents are exempted from paying tourism tax. rules came into force on 16 June 2017. • UNCONSTITUTIONAL: SECTION 62 OF • MAYBANK: FINTECH SANDBOX THE MACC ACT The Court of Appeal in Lim LAUNCHED Malayan Banking Berhad Guan Eng & Ors v PP held that section 62 of the (Maybank) has launched a regional Malaysian Anti-Corruption Commission Act 2009, collaborative fi nancial technology (fi ntech) which requires accused persons to disclose their sandbox (“the Sandbox”). The Sandbox aims defence statements to the prosecution before to promote the development of fi ntech in the the trial commences, is ultra vires Articles 5(1) region by providing an avenue for start-ups and and 8(1) of the Federal Constitution. innovators to develop and test new ideas. Th e BriefCase | Folder 3: 2017 2 IN-BRIEF • GERMANY: “NO” TO ACCESSING AROUND THE WORLD… FACEBOOK ACCOUNT An appeals court IN-BRIEF (“the Court”) has ruled that the parents of a dead teenage girl have no right to access her Facebook account. The Court said that a contract existed between Facebook, a social • CHINA: CYBER SECURITY LAW ENFORCED media company, and the deceased girl, and The controversial Cyber Security Law (“the Law”) that such contract had ended with her death. has come into force on 1 June 2017. The Law, Her parents believe that she had committed among others, requires for personal information suicide as a result of being bullied, and sought and important data collected and generated access to her chat history and posts. by critical information infrastructure operators in China to be stored domestically. Furthermore, the transfer of data and information overseas for • HONG KONG: HKCCA JOINS ACC business requirements is subjected to a security The Hong Kong Corporate Counsel Association assessment by the authorities. International (HKCCA) which represents over 800 in-house business groups have appealed against the lawyers in Hong Kong has formed an alliance implementation of the Law, claiming that it with the Association of Corporate Council (ACC), would lead to uncertainties and compliance a global bar association promoting common risks. professional and business interests of in-house counsel. HKCCA members will become members of the newly branded ACC Hong Kong from 1 • COLOMBIA: THREE-MAN MARRIAGE September 2017. RECOGNISED Since the legalisation of same- sex marriages by the Constitutional Court in April 2016, three men have successfully established • INDIA: MOTHER TERESA’S UNIFORM a polyamorous family unit. This is the fi rst legally TRADEMARKED The blue-bordered white saree recognised three-man marriage in the country. of Mother Teresa has been trademarked by the Indian Trade Marks Registry to prevent unlawful commercial exploitation. The saree has been • The President has EGYPT: NEW NGO LAW recognised as an intellectual property of the approved a widely criticised law (“the Law”) Missionaries of Charity on 4 September 2016. governing Non-Governmental Organisations (NGO). An agency, namely the National Authority for the Regulation of Foreign Non- • JAPAN: ABDICATION BILL PASSED A law Governmental Organisation will be established to (“the Law”) which allows 83-year-old Emperor monitor whether the spending of all organisations Akihito to abdicate has come into force on 9 receiving foreign funds or aids is in accordance June 2017. The Law states that on abdication, with approved manners. Any non-compliance Crown Prince Naruhito will immediately succeed with the Law will warrant imprisonment for a the Chrysanthemum Throne. Although a date period of one to fi ve years and fi ne between for the abdication is yet to be fi xed by the EGP50,000 and EGP1 million. Government, it is stated that the abdication has to take place within three years from the effective date of the newly passed law.
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