DOCSLIB.ORG

The Effects of the Cla 1956 on Judicial

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Effects of the Cla 1956 on Judicial THE EFFECTS OF THE CLA 1956 ON JUDICIAL DISCRETION, QUANTUM OF DAMAGES AND INTEREST ON DAMAGES IN PERSONAL INJURY AND FATAL ACCIDENT CLAIMS ARISING OUT OF MOTOR VEHICLE ACCIDENTS : A CRITICAL APPRAISAL NAZLI BINTI MAHDZIR THESIS SUBMITTED IN FULFILMENT OF REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN LAW INSTITUTE OF GRADUATE STUDIES UNIVERSITY OF MALAYA KUALA LUMPUR 2014 i UNIVERSITY OF MALAYA ORIGINAL LITERARY WORK DECLARATION Name of Candidate : Nazli Binti Mahdzir Registration No : LHA 090003 Name of Degree : Doctor of Philosophy Title of Thesis : The Effects of the CLA 1956 on Judicial Discretion, Quantum of Damages and Interest on Damages in Personal Injury and Fatal Accident Claims Arising Out of Motor Vehicle Accidents : A Critical Appraisal Field of Study : Insurance and Personal Injury Law I do solemnly and sincerely declare that: 1. I am the sole author / writer of this Work; 2. This Work is original; 3. Any use of Work in which copyright exists was done by way of fair dealing and for permitted purposes and any excerpt of extract form, or reference to or production of any copyright work has been disclosed expressly or sufficiently and the title of the work and its authorship have been acknowledged in this Work; 4. I do have actual knowledge nor do I ought reasonably to know that the making of this Work constitutes an infringement of any copyright work; 5. I hereby assign all and every rights in the copyright to this Work to the University of Malaya (UM), who henceforth shall be the owner of the copyright on this Work and that any production of use in any form or by any mean whatsoever is prohibited without written consent of UM first had and obtained; i 6. I am fully aware that if in the cause of making this Work I have infringed any copyright whether intentionally or otherwise, I may be subject to legal action of any other action as may be determine by UM Candidate Signature Date ……………………………… ……………….. Subscribed and solemnly declared before, Witness Signature Date ……………………………… ………………... Name: Designation: ii ABSTRACT Sections 7, 8 and 28A of the Civil Law Act 19561 are enacted to regulate the assessment of damages for personal injury and fatal accident claims arising out of motor vehicle accidents. The provisions aim to control the quantum of damages being meted out by the courts. Despite the good intention of the legislature, the provisions have been viewed with disfavour by many as a legislative attempt to reduce the quantum of damages and/or fetter or worst still, to divest the judiciary of their discretion in the assessment of damages. The actual impacts on judicial discretion and the quantum of damages are however yet to be fully worked out. Therefore, this research is to be welcomed as it seeks to critically appraise the actual effects of sections 7, 8 and 28A of the CLA 1956 on the exercise of judicial discretion and the quantum of damages being awarded by the courts. The same critical appraisal is also extended to section 11 of the CLA 1956, the court rules relating to the assessment of interest on damages as well as the provisions relating to the assessment of damages in Singapore and Brunei. This research applied both the descriptive and analytical approach. Malaysian data have been collected from primary and secondary sources together with interviews with legal practitioners and representatives from several Malaysian insurance companies. This research began with the proposition that despite the provisions in the CLA 1956 and court rules, judges in Malaysia still retain their discretion (albeit with statutory interventions) in assessing damages and interest on damages for personal injury and fatal accident claims arising out of motor vehicle accidents. It concluded that sections 7, 8, 11, 28A of the CLA 1956 and Order 42 Rule 12 of the Rules of Court have resulted in mixed effects on the judges’ discretionary power; total abolition of discretionary power, maintaining the discretionary power as it was before the 1984 amendments, maintaining the discretionary power but with restrictions and mere codification of existing practices. The research also provides several suggestions for statutory amendment in order to rectify the problems with sections 7, 8, 11, 28A of the CLA 1956 and Order 42 Rule 12 of the Rules of Court 2012. The suggested amendments are also necessary to ensure damages and interest awarded for personal injury and fatal accident claims arising out of motor vehicle accidents is consistent, fair and reasonable to the claimants while affordable to the insurance industry. 1 Act 67 (of Malaysia). Hereinafter referred to as “the CLA 1956”. iii ABSTRAK Seksyen 7,8 dan 28A Akta Undang-Undang Sivil 19562 digubal untuk mengawalselia penaksiran ganti rugi bagi tuntutan kecederaan diri dan kemalangan maut yang diakibatkan oleh kemalangan jalanraya. Peruntukan-peruntukan ini pertujuan untuk mengawal kuantum ganti rugi yang boleh dianugerahkan oleh mahkamah. Di sebalik niat baik pengubal undang-undang, peruntukan-peruntukan ini telah dilihat oleh banyak pihak sebagai usaha pengubal undang-undang untuk mengurangkan jumlah ganti rugi dan mengongkong atau lebih buruk lagi melupuskan kuasa budibicara kehakiman dalam penaksiran ganti rugi. Kesan sebenar pindaan ini ke atas budi bicara kehakiman dan jumlah ganti rugi bagaimanapon masih belum dapat dikenalpasti sepenuhnya. Oleh itu, kajian ini sangat dialu-alukan kerana ia bertujuan membuat penilaian kritis kesan sebenar seksyen 7,8 dan 28A CLA 1956 terhadap pemakaian budi bicara kehakiman dan jumlah ganti rugi yang dianugerahkan oleh mahkamah. Penilaian kristis yang sama dilanjutkan kepada seksyen 11 CLA 195, peraturan-peraturan mahkamah berkaitan penaksiran kadar bunga bagi gantirugi dan peruntukan-peruntukan berkaitan penaksiran gantirugi di Singapura dan Brunei. Penyelidikan ini menggunakan pendekatan deskriptif dan analisis. Data dari Malaysia diperoleh daripada sumber-sumber primer dan sekunder serta temu bual bersama pengamal undang-undang dan wakil daripada beberapa syarikat insurans di Malaysia. Kajian ini bermula dengan cadangan bahawa walaupun terdapat peruntukan di dalam CLA 1956, hakim-hakim di Malaysia masih dapat mengekalkan kuasa budi bicara mereka (walaupun dikawal oleh peruntukan undang-undang) dalam penaksiran ganti rugi dan kadar bunga bagi ganti rugi untuk tuntutan kecederaan diri dan kemalangan maut yang diakibatkan oleh kemalangan jalanraya. Kajian ini menyimpulkan bahawa seksyen 7, 8, 11, 28A dan Aturan 42 Kaedah 12 Kaedah-kaedah Mahkamah 2012 menyebabkan beberapa kesan terhadap kuasa budi bicara kehakiman; penghapusan kuasa budi bicara secara total, pengekalan kuasa budi bicara seperti keadaan sebelum pindaan tahun 1984, pengekalan budi bicara tetapi dengan sekatan-sekatan tertentu serta sekadar pengkanunan amalan-amalan yang sedia ada. Kajian ini turut menyediakan beberapa cadangan untuk pindaan undang-undang bagi mengelesaikan masalah yang terdapat dalam seksyen 7, 8, 11, 28A CLA 1956 dan Aturan 42 Kaedah 12, Kaedah-kaedah Mahkamah 2012. Pindaan-pindaan yang dicadangkan adalah juga perlu untuk memastikan gantirugi dan kadar bunga untuk tuntutan kecederaan diri dan kemalangan maut yang diakibatkan oleh kemalangan jalanraya kemalangan kenderaan bermotor adalah konsisten, adil dan munasabah untuk pihak-pihak menuntut manakala berpatutan untuk industri insurans. 2Akta 67.Selepas ini dirujuk sebagai CLA 1956. iv ACKNOWLEDGEMENT It was often said that PhD is a lonely journey. It is true. It is a journey that can be completed by no one else other that one self. I however am blessed throughout my journey I has been accompanied by so many people who have made significant contributions towards the completion of this thesis. It is difficult to mention all of them individually, but there are some whose immense contributions deserve special acknowledgment and appreciation. I would like to express my sincerest gratitude to my supervisor, Associate Professor Dr Gan Ching Chuan. His constructive criticism, advice, knowledge and support from the very early stage of this research has given me strength and direction for the thesis yet allowing me to work in my own way and at my own pace. I also appreciate the financial, academic and technical support provided by the College of Law, Government and International Studies, University Utara Malaysia and the Faculty of Law, University of Malaya. The dedication and commitment shown by the academic members and staffs have greatly assisted me in my study. Special thanks go to Ila, Anis, Wana, Ainul, Ani Munirah, Dr Syarifah Saedah, Dr Rosmawani and Dr Zubir for being the best friends I could ever hope for. I will be forever grateful to them for unselfishly allowing me to be part of their life and sharing my laughter, worries and tears. My apologies go to my friends and colleagues whom I could not personally name here. Your contributions toward the completion of my thesis do not go unnoticed. There is no word sufficient enough to convey my gratitude to my family especially Baba and Mama, the two pillars of my world. Although they did not fully understand what I was doing, the fact that they are always there for me eased up the load off my shoulders. Their love, prayers and undying confidence in me made me believe that everything is possible. This thesis is only a small part of my PhD journey. What matters most are the experience gained, the knowledge shared and the people I’ve met along the way. v DEDICATION To my parents HJ MAHDZIR BIN SHARIFF and HJH OMAI KALSOM BINTI HAMID I dedicate this work
Load more

Recommended publications
  • Pollutant-Absorbing Plants to Clean up Sungai
    Headline Pollutant-absorbing plants to clean up Sungai Rui MediaTitle The Star Date 12 Apr 2019 Color Full Color Section Metro Circulation 175,986 Page No 4 Readership 527,958 Language English ArticleSize 433 cm² Journalist IVAN LOH AdValue RM 21,791 Frequency Daily PR Value RM 65,373 >n i. Pollutant-absorbing plants to clean up Sungai Rui By IVAN LOH [email protected] PLANTS may hold the key to helping clean up low levels of arsenic pollution in Sungai iSSBl, .a»™.™ Rui, Hulu Perak. f-gp I ffgsggg A discussion is now ongoing between the is3s*i»3ill Perak Forestry Department and Forest Research Institute Malaysia (FRIM) to search for plants that can absorb pollution. Perak Mentri Besar Datuk Seri Ahmad Faizal Azumu said the task force that was set up to look into the polluted river issue had recommended the move in its bid to clean up the river. He said it was one of its suggestions to rehabilitate idle mining areas near the river. "We will execute it once the species of plant have been identified. Recent checks showed low levels of arsenic in Sungai Rui. Villagers along the river have complained about skin problems which they believe "For now, the state Department of are linked to the river contamination. (Right) Ahmad Faizal says the state Department of Environment will continue to monitor the situation Environment will continue to monitor the at Sungai Rui. situation there," he said during a press con- ference at the state secretariat building. samples from 300 people near Kampung "The task force will be informed of any further drop in river water quality," he "The presence of arsenic in tfie river may added.
    [Show full text]
  • 4 Comparative Law and Constitutional Interpretation in Singapore: Insights from Constitutional Theory 114 ARUN K THIRUVENGADAM
    Evolution of a Revolution Between 1965 and 2005, changes to Singapore’s Constitution were so tremendous as to amount to a revolution. These developments are comprehensively discussed and critically examined for the first time in this edited volume. With its momentous secession from the Federation of Malaysia in 1965, Singapore had the perfect opportunity to craft a popularly-endorsed constitution. Instead, it retained the 1958 State Constitution and augmented it with provisions from the Malaysian Federal Constitution. The decision in favour of stability and gradual change belied the revolutionary changes to Singapore’s Constitution over the next 40 years, transforming its erstwhile Westminster-style constitution into something quite unique. The Government’s overriding concern with ensuring stability, public order, Asian values and communitarian politics, are not without their setbacks or critics. This collection strives to enrich our understanding of the historical antecedents of the current Constitution and offers a timely retrospective assessment of how history, politics and economics have shaped the Constitution. It is the first collaborative effort by a group of Singapore constitutional law scholars and will be of interest to students and academics from a range of disciplines, including comparative constitutional law, political science, government and Asian studies. Dr Li-ann Thio is Professor of Law at the National University of Singapore where she teaches public international law, constitutional law and human rights law. She is a Nominated Member of Parliament (11th Session). Dr Kevin YL Tan is Director of Equilibrium Consulting Pte Ltd and Adjunct Professor at the Faculty of Law, National University of Singapore where he teaches public law and media law.
    [Show full text]
  • NIE News September 2013.Pdf
    An Institute of Distinction September 2013 No.85 ISSN 0218-4427 GROWING EXCELLENCE 3 CORPORATE DEVELOPMENT Latest campus news 14 SPECIAL FEATURE Teachers’ Investiture Ceremony July 2013 RESEARCH 20 Highlights on experts and projects A member of An Institute of INTERNATIONAL ALLIANCE of LEADING EDUCATION INSTITUTES Editorial Team: Associate Professor Jason Tan Eng Thye, Patricia Campbell, Monica Khoo, Julian Low NIE News is published quarterly by the Public International and Alumni Relations CONTENTS Department, National Institute of Education, CORPORATE DEVELOPMENT Staff Welfare Recreation Fund Singapore. Malay Values and Graces Camp 3 Committee Activities 19 Design by Graphic Masters & Advertising Asian Regional Association for Pte Ltd Home Economics Congress 2013 4 SPECIAL FEATURE NIE News is also available at: www.nie.edu.sg/nienews Learning Week for Staff 4 Teachers’ Investiture Ceremony July 2013 14 - 15 If you prefer to receive online versions English Language and Literature of NIE News, and/or wish to update your particulars please inform: Postgraduate Conference 2013 5 RESEARCH Arts Education Talk 5 The Editorial Team, NIE News C J Koh Professorial Lecture – 1 Nanyang Walk, Singapore 637616 NIE Art Collection Launch 6 Professor Linda Darling-Hammond 20 Tel: +65 6790 3034 Visual and Performing Arts Farewell Professor Fax: +65 6896 8874 Academic Group hosts A. Lin Goodwin 21 Email: [email protected] Hong Kong Institute of LSL academics and staff clinch Education visitors 7 more awards 22 Prominent Visitors 8 - 9 9th Asia-Pacific
    [Show full text]
  • Michael Green QC, Fountain Court
    Finance, Property and Business Litigation in a Changing World 25-26 April 2013 Supreme Court Auditorium Organisers: Finance, Property and Business Litigation in a Changing World Plenary Session 1: Finance Litigation Chairperson Mr Alvin Yeo SC , WongPartnership LLP Speakers Ms Geraldine Andrews QC, Essex Court Chambers Mr Peter de Verneuil Smith, 3Verulam Buildings Mr Hri Kumar Nair SC, Drew & Napier LLC FINANCIAL DERIVATIVES LITIGATION Geraldine Andrews Q.C. Essex Court Chambers The 2008 financial crisis Sept-Oct 2008 – the eye of the storm • 7th Sept - Freddie Mac and Fannie Mae effectively nationalized by US Government. • 14th Sept - Merrill Lynch shotgun wedding to Bank of America amidst fears of liquidity crisis • 15th Sept - Lehman Bros filed for Chapter 11 Bankruptcy protection. Periodically thereafter various of its subsidiaries did the same, including, on 3 Oct, LBSF, the dedicated subsidiary for derivative transactions. • 17th Sept - AIG, the USA䇻s largest insurer, was bailed out by US Govt with a loan of $85bn (insufficient funds to meet its CDS insurance obligations) Geraldine Andrews QC, Essex Court Chambers FINANCE, PROPERTY AND BUSINESS LITIGATION IN A CHANGING WORLD Sept-Oct 2008 – the eye of the storm • 17th Sept – Lloyds TSB takes over HBOS following a run on HBOS shares • 25th Sept – Washington Mutual sold to JP Morgan Chase for $1.9bn. • 3 Oct – US Congress approves 700bn bailout of the banks – the biggest financial rescue in US history. • 6-10 Oct - The worst week for the global stock market for 75 years. The Dow Jones index lost 22.1%, its worst week on record. Geraldine Andrews QC, Essex Court Chambers FINANCE, PROPERTY AND BUSINESS LITIGATION IN A CHANGING WORLD Sept-Oct 2008 – the eye of the storm • 7 Oct - Icelandic banking system collapses • 11 Oct Highest volatility day recorded in the 112 year history of the Dow Jones Industrial Average.
    [Show full text]
  • Punishment for Apostasy: Conflict Between the Right to Freedom of Religion and Criminal Sentence, a Case Study in Malaysia
    Punishment for Apostasy: Conflict Between the Right to Freedom of Religion and Criminal Sentence, A Case Study in Malaysia Mohamed Azam Mohamed Adil Abstract My article is concerned with the conflict in laws between freedom of religion and law of apostasy within the broader Malaysian constitutional framework. The issue is controversial because, while freedom of religion is guaranteed in the Malaysian Constitution, some respective states in Malaysia have treated Muslims who intend to leave the Islamic faith as criminals. Even though there is no death penalty for apostasy in Malaysia, apostates shall be detained, fined or punishable with imprisonment up to three years. Such punishments seem contrary to the provision of Article 11(1) of the Federal Constitution which guarantees the right of freedom of religion. It also deprived individual liberty as provided in Article 5(1) of the Federal Constitution. Moreover, these punishments also seem contrary to Article 4(1) of the Federal Constitution that maintains the supremacy of the Constitution, and Article 75 that upholds the Federal law powers in the event where State law is inconsistent with the Federal law. This article seeks to study in depth the notion of the right of freedom of religion and the question of apostasy from the Malaysian laws perspective. In doing so, this article will investigate whether Muslims are given the right to leave the Islamic faith and to choose and profess any religion they wish as guaranteed under Article 11(1) of the Federal Constitution. This article will also highlight the problems surrounding the provisions in relation to law of apostasy in Malaysia.
    [Show full text]
  • Constitutional Documents of All Tcountries in Southeast Asia As of December 2007, As Well As the ASEAN Charter (Vol
    his three volume publication includes the constitutional documents of all Tcountries in Southeast Asia as of December 2007, as well as the ASEAN Charter (Vol. I), reports on the national constitutions (Vol. II), and a collection of papers on cross-cutting issues (Vol. III) which were mostly presented at a conference at the end of March 2008. This collection of Constitutional documents and analytical papers provides the reader with a comprehensive insight into the development of Constitutionalism in Southeast Asia. Some of the constitutions have until now not been publicly available in an up to date English language version. But apart from this, it is the first printed edition ever with ten Southeast Asian constitutions next to each other which makes comparative studies much easier. The country reports provide readers with up to date overviews on the different constitutional systems. In these reports, a common structure is used to enable comparisons in the analytical part as well. References and recommendations for further reading will facilitate additional research. Some of these reports are the first ever systematic analysis of those respective constitutions, while others draw on substantial literature on those constitutions. The contributions on selected issues highlight specific topics and cross-cutting issues in more depth. Although not all timely issues can be addressed in such publication, they indicate the range of questions facing the emerging constitutionalism within this fascinating region. CONSTITUTIONALISM IN SOUTHEAST ASIA Volume 2 Reports on National Constitutions (c) Copyright 2008 by Konrad-Adenauer-Stiftung, Singapore Editors Clauspeter Hill Jőrg Menzel Publisher Konrad-Adenauer-Stiftung 34 Bukit Pasoh Road Singapore 089848 Tel: +65 6227 2001 Fax: +65 6227 2007 All rights reserved.
    [Show full text]
  • Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia Khairil Azmin Mokhtar
    DOI: 10.18196/jmh.2016.0078.171-185 VOL.23 NO.2 / DESEMBER 2016 Institutions and Mechanisms for Internal Conflict Resolution: Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia Khairil Azmin Mokhtar DATA NASKAH ABSTRACT Masuk: 25 Januari 2016 Diterima: 21 November 2016 Among the questions that the research seek to tackle is should the court be- Terbit: 8 Desember 2016 come the only saviour of justice? In this article it is argued that the task to combat injustices, produce a just ordering of society, ensure a fair distribution of material KORESPONDEN PENULIS: Ahmad Ibrahim Kulliyyah of Laws, and legal resources, safeguard the rule of law, promote equality, ensure proportion- International Islamic University ality in punishment, and protect entitlements and legitimate expectations should Malaysia not be put on the shoulders of judges and courts only. It must be spread out and P.O. Box 10, 50728 Kuala Lumpur [email protected] shared by other institutions and by whatever means available. This article seeks to establish that in spite of the crucial role of the court in establishing justice, there are other institutions and mechanisms that can and have been used to achieve justice. In this study Malaysia is used as an example. This article is the result of a qualitative study which employs legal analysis of the constitution and laws in the country. Despite the judiciary’s fundamental role in dispensing justice it have weaknesses and limitations. As shown in this article apart from the formal courts and judges there many institutions and mechanisms which are outside the formal structure of the judiciary that play significant role in resolving dispute, avoiding conflict and realizing justice.
    [Show full text]
  • Intellectual Property Colloqium of Judges in Asia and the Pacific
    INTELLECfUAL PROPERTY COLLOQUIUM OF JUDGES IN ASIA AND THE PACIFIC jointly organized by the World Intellectual Property Organization (WIPO) and the Law Association for Asia and the Western Pacific (LAW ASIA) with the assistance of the United Nations Development Programme (UNDP) at Sydney, Australia October 8 to 12, 1984 GENEVA 1985 WJPO PUBLICATION No. 652 (E) ISBN 92-805-0145-3 © WIPO 1985 FOREWORD The protection of intellectual property rights, which are a reward for creativity and inventiveness and a stimulus to further creative and inventive efforts, is dependent on the effective administration of justice. The recognition of this essential contribution of the Judiciary to the intellectual property system lay behind the organization of the Intellectual Property Colloquium of Judges in Asia and the Pacific which was held in Sydney, Australia, in October 1984. The papers which were delivered at the Colloquium are collected in the present volume. The Colloquium was jointly organized by the World Intellectual Property Organization (WIPO) and the Law Association for Asia and the Western Pacific (LAWASIA) with the assistance of the United Nations Development Programme (UNDP). As LAWASIA is the largest organization of judges, legal practitioners, and law teachers in Asia and the Pacific, it was appropriate that the theme of this second joint activity undertaken by WIPO and LAWASIA should concentrate on the judicial role in the intellectual property system. Justices, including five Chief Justices, and Judges from fourteen countries in the region, as well as guests from countries outside the region, participated in the Colloquium, which provided a forum for the exchange of views and opinions on those issues which have assumed prominence in the intellectual property cases coming before the courts of the various countries in the region.
    [Show full text]
  • Restoring Kledang Hill
    FREE COPY March 16 - 31, 2019 PP 14252/10/2012(031136) 30 SEN FOR DELIVERY TO YOUR DOORSTEP – ASK YOUR NEWSVENDOR 100,000 print readers Bimonthly 1,178,421 online hits (Feb) – verifiable ISSUE 300 INSIDE page 3 An Arms Race In The Offing? page 14 AN ECHO Shot 4 Times and Still WORTH HEARING Shooting By the Ipoh Echo Team ow time flies. Ipoh’s only community newspaper, and perhaps the only one in the whole page 15 country, is almost 14 years old today. The publication of its 300th issue would have gone Hunnoticed and unheralded had it not been for the concerned few who felt that one should stand Stop Using up and be noticed, regardless. Its rather hazy beginning should be highlighted so nothing is lost in Caves as transition. FULL STORY ON PAGES 2 & 6 Temples! The team with two interns Restoring Kledang Hill oncerned Ipohites along with representatives from Menteri Besar Incorporated (MB Inc), Menteri Besar’s Office, Parti Sosialis Malaysia (PSM), Persatuan CActivis Sahabat Alam Malaysia (KUASA), Pertubuhan Pelindung Khazanah Alam (PEKA) paid a visit to Kledang Hill on Thursday, March 7. The much-publicised land clearing activity on Kledang Hill has been a hot topic among Perakeans after Sahabat Alam Malaysia (SAM) raised the issue. Almost 10 out of 400 hectares of the land have been cleared off. According to SAM field researcher, Meor Abdul Razak, Ipohites should work closely with the state government to rehabilitate the affected land. “We’re ready to lend a helping hand to restore Kledang Hill to its former glory.
    [Show full text]
  • Ho Yean Theng Jill V Public Prosecutor [2003]
    Ho Yean Theng Jill v Public Prosecutor [2003] SGHC 280 Case Number : MA 70/2003, Cr M 15/2003 Decision Date : 14 November 2003 Tribunal/Court : High Court Coram : Yong Pung How CJ Counsel Name(s) : K S Rajah SC (Harry Elias Partnership) and Peter Ong Lip Cheng (Ong Lip Cheng and Rajendran) for applicant/appellant; Christopher Ong Siu Jin (Deputy Public Prosecutor) for respondent Parties : Ho Yean Theng Jill — Public Prosecutor Criminal Procedure and Sentencing – Charge – Joinder of similar offences – Whether series of connected acts should be tried as separate offences or one composite offence – Section 170 Criminal Procedure Code (Cap 68, 1985 Rev Ed) – Section 71 Penal Code (Cap 224, 1985 Rev Ed) Criminal Procedure and Sentencing – Compounding of offences – Maid abuse by de facto employer – Whether court should grant consent for compounding of offence – Section 199 Criminal Procedure Code (Cap 68, 1985 Rev Ed) Criminal Procedure and Sentencing – Sentencing – Principles – Voluntarily causing hurt – Maid abuse by de facto employer – Whether sentence manifestly excessive – Section 323 Penal Code (Cap 24, 1985 Rev Ed) 1 The appellant was convicted in the Magistrate’s Court on five charges of voluntarily causing hurt under s 323 of the Penal Code and was sentenced to a total of four months’ imprisonment. She appealed against both conviction and sentence. After hearing counsel’s arguments, I dismissed the appeal against both conviction and sentence. I now give my reasons. Preliminary issue 2 In the petition of appeal filed on 21 April 2003, the appellant essentially challenged the magistrate’s findings of fact. Thereafter, the appellant filed a criminal motion for leave to file a supplementary petition of appeal on 10 September 2003.
    [Show full text]
  • Trends in Southeast Asia
    ISSN 0219-3213 2018 no. 22 Trends in Southeast Asia THE PERAK SULTANATE: TRANSITIONING INTO THE 21ST CENTURY BARBARA WATSON ANDAYA TRS22/18s ISBN 978-981-4843-34-8 30 Heng Mui Keng Terrace Singapore 119614 http://bookshop.iseas.edu.sg 9 7 8 9 8 1 4 8 4 3 3 4 8 Trends in Southeast Asia 18-J04948 01 Trends_2018-22.indd 1 11/12/18 8:43 AM The ISEAS – Yusof Ishak Institute (formerly Institute of Southeast Asian Studies) is an autonomous organization established in 1968. It is a regional centre dedicated to the study of socio-political, security, and economic trends and developments in Southeast Asia and its wider geostrategic and economic environment. The Institute’s research programmes are grouped under Regional Economic Studies (RES), Regional Strategic and Political Studies (RSPS), and Regional Social and Cultural Studies (RSCS). The Institute is also home to the ASEAN Studies Centre (ASC), the Nalanda-Sriwijaya Centre (NSC) and the Singapore APEC Study Centre. ISEAS Publishing, an established academic press, has issued more than 2,000 books and journals. It is the largest scholarly publisher of research about Southeast Asia from within the region. ISEAS Publishing works with many other academic and trade publishers and distributors to disseminate important research and analyses from and about Southeast Asia to the rest of the world. 18-J04948 01 Trends_2018-22.indd 2 11/12/18 8:43 AM 2018 no. 22 Trends in Southeast Asia THE PERAK SULTANATE: TRANSITIONING INTO THE 21ST CENTURY BARBARA WATSON ANDAYA 18-J04948 01 Trends_2018-22.indd 3 11/12/18 8:43 AM Published by: ISEAS Publishing 30 Heng Mui Keng Terrace Singapore 119614 [email protected] http://bookshop.iseas.edu.sg © 2018 ISEAS – Yusof Ishak Institute, Singapore All rights reserved.
    [Show full text]
  • Bridging the Gaps
    Organised by: Malaysia Breakout Session Co-host Breakout Session & Venue Sponsor: Co-host & Sponsor: Diamond Sponsor: Platinum Sponsor: SPEAKERS/ MODERATORS Keynote Speaker Y.A. Tuan Lee Swee Seng High Court Judge, Construction Court Kuala Lumpur Opening remarks by Datuk Professor Sundra Rajoo, [19 August 2016, Friday] President of CIArb Kuala Lumpur, Malaysia Welcoming remarks by KLRCA, Bangunan Sulaiman Lam Wai Loon, 9.00a.m-5.30p.m Chairperson of CIArb (registration starts at 8.30am) (Malaysia Branch) Jocelyn Lim, Chairperson of YMG CIArb BRIDGING THE GAPS (Malaysia Branch) and 2016 Organising Chairperson Plenary Session PROGRAMME Dato' Mahadev Shankar Justin D’Agostino 08:30-09:00 Registration Nish Shetty 09:00-09:30 Opening Remarks by Datuk Professor Sundra Rajoo Welcoming Remarks by Lam Wai Loon and Jocelyn Lim James Healy 09.30-10:00 Keynote Address Ashok Kumar • Y.A. Tuan Lee Swee Seng, High Court Judge, Construction Court REGISTER NOW! 10:15-11:30 Plenary Session Breakout Sessions • Dato' Mahadev Shankar, Justin D’Agostino, Nish Shetty, James Healy Early bird package: Karen Mills Moderated by Ashok Kumar Mahadev Ranai RM350/£60 per pax Lam Wai Loon 11:30-12:00 Networking Break (Extended till 11 August 2016 due Richard Hayler to popular demand!) 12:00-13:00 Breakout Sessions with Co-host Foo Joon Liang KLRCA Normal Registration Fee: Professor Joongi Kim SCL Malcolm Holmes 13:00-14:00 Lunch RM400/£67 (Conference only) (Conference 14:00-15:00 Breakout Sessions or RM450/£75 and Evening Cocktails) For more information and • Karen Mills Investor-State Arbitration: Overview and Problems sponsorship opportunities, Maritime Arbitration • Malcolm Holmes please contact: 15:00-15:30 Networking Break 10% discount for Young Members Group of The members of selected 15:30-16:30 Breakout Sessions Chartered Institute of supporting Arbitrators (Malaysia Branch) Commercial Arbitration • Professor Joongi Kim Unit No.
    [Show full text]