Annual Report 2019 Judicial Appointments Commission

JUDICIAL APPOINTMENTS COMMISSION

ANNUAL REPORT 2019 JUDICIAL APPOINTMENTS COMMISSION

CONTENT

CHAIRMAN'S PREFACE 1

EXECUTIVE SUMMARY 3

BACKGROUND 5

MEETINGS 9

APPOINTMENT OF JUDGES 13

JUDICIAL ACADEMY 21

SECRETARIAT TO THE COMMISSION 46

CHAIRMAN'S PREFACE

JUDICIAL APPOINTMENTS COMMISSION

CHAIRMAN'S PREFACE

Bismillahirrahmanirrahim. Assalamualaikum Warahmatullahi Wabarakatuh.

Judicial independence is the cornerstone of every legal system in the world, including Malaysia. Hence, the process by which judges are appointed must necessarily be clean, transparent and accountable. This is amongst the main reasons why the Judicial Appointments Commission (the Commission) was established; that is, to strengthen and enhance the integrity of the judiciary and to fulﬁll the wishes and aspirations of the people that transparency and accountability in the Malaysian judicial system is observed.

The presentation of the Annual Reports of the Commission is not merely to comply with the requirements of section 31 of the Judicial Appointments Commission Act (Act 695) but to show that in the exercise of its statutory functions, the Commission upholds the continued independence of the judiciary and by extension, the principle of the rule of law.

As such, I am pleased to welcome the presentation of the Judicial Appointments Commission's (JAC) Annual Report 2019. All stakeholders including judges, judicial and legal ofﬁcers, law practitioners and the public can see from the 2019 Annual Report that the Commission is committed to serve its purpose.

Since its establishment in 2009, various initiatives have been executed by the Commission to foster transparency and to improve the integrity and accountablity of the judiciary. One of the initiatives is to review and revise the content of judicial training programmes of superior court judges. The initiative is in line with the growing current legal issues which are more complex due to the development and advancement of technology.

Another initiative taken by the Commission is to publish the Journal of the Malaysian Judiciary (JMJ). The publication of JMJ has created the opportunity for others to have an insight into current judicial thinking or jurisprudence via articles written by superior court judges on various areas of law. The publication of these articles had in turn, strengthened the culture of writing and learning among the superior court judges. JMJ has been distributed to various institutions such as local and foreign universities and foreign judicial institutions as reference material. These continuous initiatives are important to enhance judicial skills of superior court judges and to increase public conﬁdence in the judiciary, leading ultimately to the strengthening of the rule of law in Malaysia.

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I would like to take this opportunity to thank YBhg. Tan Sri Datuk Sri Panglima Richard Malanjum, the former Chairman of the Commission, YBhg. Tan Sri Dato' Sri Ahmad bin Haji Maarop and YBhg. Tan Sri Zaharah binti Ibrahim, former members of the Commission for their distinction service to the Commission. I would also like to thank YBhg. Datuk Wan Khairilanwar bin Wan Muhammad and YBhg. Dato' Indera Noridah binti Abdul Rahim, the former Secretaries to the Commission for the smooth administration of the Commission during their terms.

Congratulations are also in order to The Rt. Hon. Dato' Rohana binti Yusuf, President of the Court of Appeal, The Rt. Hon. Tan Sri Dato' Sri Azahar bin Mohammed, Chief Judge of the High Court in Malaya; and The Hon. Datuk Seri Mohd Zawawi bin Salleh, Federal Court Judge, on their appointments as new members of the Commission.

Lastly, I wish to place on record my appreciation to all ofﬁcers and staff of the Commission led by YBrs. Encik Qalam Zainuddin bin Sani who have displayed commitment in planning, implementing and evaluating the effectiveness of the Commission's programmes.

TAN SRI TENGKU MAIMUN BINTI TUAN MAT Chief Justice of Federal Court, Malaysia cum Chairman of Judicial Appointments Commission

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JUDICIAL APPOINTMENTS COMMISSION

EXECUTIVE SUMMARY

Pursuant to section 31 of the Judicial Appointments Act 2009 (Act 695), the Commission is required to prepare an annual report of its activities for submission to Parliament. This Judicial Appointments Commission's (hereinafter “the Commission”) Annual Report 2019 is prepared pursuant to the aforementioned provision.

This report is divided into ﬁve (5) main chapters:

1. Background - explains the history of the Commission's establishment, its role and introduces the Commission members.

2. Meetings - reporting on the meetings of the Commission as required by Act 695 namely the Judicial Appointments Commission Meeting and the Selection Meeting.

3. Selection and Appointment of Superior Court Judge - expounds the process of selection and appointment of superior court judges at the various tiers namely the Federal Court, the Court of Appeal and the High Court, based on the criteria set out in Act 695.

4. Judicial Academy - reports on local and international training programmes in 2019 as well as the publication of the Journal of the Malaysian Judiciary.

5. The Secretariat of the Commission - spells out the roles and functions of the Secretariat to the Commission and includes a report on the approved ﬁnancial allocation in 2019.

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2019 EVENTS

u Meetings

= 12 Judicial Appointments Commission Meetings = 5 Selection Meetings

u Appointments of Judges and Judicial Commissioners

= Chief Justice = President of the Court of Appeal = Chief Judge of the High Court in Malaya = 5 Federal Court Judges = 7 Judges of the Court of Appeal = 19 High Court Judges = 24 Judicial Commissioners

u Local Training Programmes = Courses by Senior Judges ] Principles of Contractual Interpretation ] Appellate Judgment Writing ] How to Read Statutes Course ] Induction Programme for Judicial Commissioners 1/2019 ] Criminal Law: Evidence & Procedures ] Quantiﬁcation of Damages ] Principles of Contractual Interpretation ] Law Reform & the Judiciary ] Induction Programme for Judicial Commissioners 2/2019

= Inter-Agency Collaboration Programme ] Quantiﬁcation of Damages

= International Invited Speakers ] The Hon. Lord Justice Nicholas Green, Chair of the Law Commission, United Kingdom ] The Hon. Lord Justice Malcolm John David Wallis, Judge of the Supreme Court of Appeal, South Africa. ] The Hon. Justice Judith Prakash, Judge of the Supreme Court of Singapore; and ] The Hon. Justice Chao Hick Tin, Judge of the Court of Appeal of Singapore

u Publication

= Journal of the Malaysian Judiciary January and July 2019 Edition

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JUDICIAL APPOINTMENTS COMMISSION

BACKGROUND

History of Establishment

The Judicial Appointments Commission (Commission) was established with the coming into force of the Judicial Appointments Commission Act 2009 (Act 695) which was gazetted on 8 January 2009. The establishment of the Commission was an initiative to empower and strengthen the judiciary and enhance its integrity through a more transparent and fair process of nomination, election, and promotion of superior court judges. Since its establishment, the Commission has successfully fulﬁlled its responsibilities as an independent judicial appointments body guided by the constitution.

The Roles of the Commission

The roles of the Commission is to receive and consider applications from qualiﬁed persons to the position of superior court judge as provided for in section 21 of Act 695. In addition, to perform its primary function of selecting suitably qualiﬁed persons who merit appointment as a superior court judge, various programmes were organized by the Commission to improve the judicial system in the country including training programs for superior court judges and publishing judiciary journals.

Constitution of the Commission

The Commission consists of nine (9) members including the Chairman. The membership of the Commission is based on the provisions set forth under Act 695. Four (4) members are appointed based on tenure in the judiciary in accordance with the provisions of subsections 5 (1) (a), (b), (c) and (d) of Act 695, while ﬁve (5) members are appointed by the Prime Minister pursuant to the provisions of subsections 5 (1) (e) and (f) of the Act 695. They consist of a Federal Court Judge and four (4) prominent persons who are not members of the executive or other public service. These Commissioners are appointed by the Prime Minister after consultation with the Bar Council of Malaysia, the Sabah Law Association, the Advocates Association of Sarawak and the Attorney General of the Federation.

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APPOINTMENT BY TENURE

The Rt. Hon. Tan Sri Tengku Maimun binti Tuan Mat Chief Justice of Malaysia

The Rt. Hon. Dato' Rohana binti Yusuf President of the Court of Appeal

The Rt. Hon. Tan Sri Dato' Sri Azahar bin Mohamed Chief Judge of the High Court in Malaya

The Rt. Hon. Tan Sri Datuk Seri Panglima David Wong Dak Wah Chief Judge of the High Court in Sabah and Sarawak

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APPOINMENT BY THE PRIME MINISTER

The Hon. Datuk Seri YBhg. Dato' Seri Haji Mohd Zawawi bin Salleh Mohd. Hishamudin bin Md. Yunus Federal Court Judge Former Judge of the Court of Appeal

YBhg. Datuk Linton Albert YBhg. Dato' Mah Weng Kwai Former Judge of the Court of Appeal Former Judge of the Court of Appeal

YBhg. Prof. Emeritus Datuk Dr. Haji Shad Saleem Faruqi Professor, Faculty of Law, University Malaya

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APPRECIATION

CHAIRMAN

The Commission places on record its appreciation to YBhg. Tan Sri Datuk Seri Panglima Richard Malanjum for his contributions and services as the Chairman of the Judicial Appointments Commission from 11 July 2018 until 12 April 2019.

The Commission further places on record its appreciation to YBhg. Tan Sri Dato' Sri Ahmad bin Haji Maarop and YBhg. Tan Sri Zaharah binti Ibrahim for their contributions as members of the Commission from 1 October 2015 until 24 November 2019 and 11 July 2018 until 16 May 2019 respectively.

THE SECRETARY OF THE COMMISSION

The Commission further places on record its appreciation to YBhg. Datuk Wan Khairilanwar bin Wan Muhammad and YBhg. Dato' Indera Noridah binti Abdul Rahim for their contributions as the Secretary of the Commission from 15 May 2017 until 26 February 2019 and 27 February 2019 until 21 August 2019 respectively.

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JUDICIAL APPOINTMENTS COMMISSION

MEETINGS

JUDICIAL APPOINTMENTS COMMISSION'S MEETINGS

Commission meetings are held to discuss initiatives to improve the performance, achievements and efﬁciency of the judiciary. Subsection 13(1) of Act 695 provides for the Commission to hold a Commission Meeting at least once every month. In 2019, 12 meetings were held which two (2) were held outside Putrajaya.

Table 1: Meetings of the Judicial Appointments Commission for the Year 2019

17 January 2019 (Thursday) Kota Kinabalu Court Complex, Sabah

21 February 2019 (Thursday) Palace of Justice, Putrajaya

14 March 2019 (Thursday) Palace of Justice, Putrajaya

5 April 2019 (Friday) Palace of Justice, Putrajaya

15 May 2019 (Wednesday) Palace of Justice, Putrajaya

20 June 2019 (Thursday) Palace of Justice, Putrajaya

18 July 2019 (Thursday) Palace of Justice, Putrajaya

22 August 2019 (Thursday) Palace of Justice, Putrajaya

19 September 2019 (Thursday) Palace of Justice, Putrajaya

10 October 2019 (Thursday) Palace of Justice, Putrajaya

7 November 2019 (Thursday) Melaka Court Complex

11 December 2019 (Wednesday) Palace of Justice, Putrajaya

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PROGRAMMES IN CONJUCTION WITH MEETINGS OF THE JUDICIAL APPOINTMENTS COMMISSION

= Kota Kinabalu, Sabah

Opening of the Legal Year 2019 in Sabah and Sarawak

As all members of the Commission were in attendance at the Opening of the Legal Year 2019 in Sabah and Sarawak on 17 January 2019, the Commission Meeting No. 1 Year 2019 was held at Kota Kinabalu Court Complex, Kota Kinabalu, Sabah.

= Melaka

Brieﬁng on Case Disposal Performance and Statistics at the Melaka Courts

In conjuction with the Judicial Appointments Commission Meeting No. 11 Year 2019 held on the 7 November 2019 at the Melaka Court Complex, the members of the Commission were briefed on the Performance and Statistics Reports of Melaka High Court by The Honourable Datuk Wira Haji Ahmad Nasfy bin Haji Yasin, High Court Judge of Melaka; and Performance and Statistics Reports of Melaka Subordinate Court by YBhg. Dato' Haji Mohd Nasir bin Nordin, Director of the Melaka Courts.

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SELECTION MEETINGS

The role of the Commission is to receive and consider applications from suitably qualiﬁed persons for the position of superior court judge as provided for in Section 21 of Act 695. Superior court judges as referred to under this Act are the Chief Justice, the President of the Court of Appeal, Chief Judge of Malaya, Chief Judge of Sabah and Sarawak, Federal Court Judge, Court of Appeal Judge, High Court Judge and Judicial Commissioner.

In 2019, the Commission held ﬁve (5) Selection Meetings. The candidates who were considered for selection were Judges of the Court of Appeal for appointment as Federal Court Judges and High Court Judges for appointment as Judges of the Court of Appeal. Candidates for appointment as High Court Judges were among Judicial Commissioners. For the selection of Judicial Commissioners, the candidates were Judicial and Legal Ofﬁcers as well as Legal Practitioners.

Table 2: Selection Meetings for the Year 2019

17 January 2019 Palace of Justice, (Thursday) Putrajaya

5 April 2019 Palace of Justice, (Friday) Putrajaya

15 May 2019 Palace of Justice, (Wednesday) Putrajaya

18 July 2019 Palace of Justice, (Thursday) Putrajaya

11 December 2019 Palace of Justice, (Wednesday) Putrajaya

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JUDICIAL APPOINTMENTS COMMISSION

APPOINTMENT OF JUDGES

SELECTION CRITERIA

Article 123 of the Federal Constitution and section 23 of Act 695 provides for minimum qualiﬁcations and conditions to select a superior court judge. The Commission also produced a guideline on the criteria and quality of the individual to be selected as a superior court judge. These criteria are to ensure an individual who is chosen has personal qualities, intellectual capabilities, competence and can resolve disputes fairly and make decisions based on facts and the laws in force at that time.

Section 23 of the Judicial Appointments Commission Act 2009 (Act 695)

SECTION A candidate is qualiﬁed for the selection if he fulﬁlls the 23 (1) requirements under Article 123 of the Federal Constitution.

The Commission in selecting candidates shall take into account amongst others, the following criteria : (a) integrity, competency and experience; SECTION (b) objective, impartial, fair and good moral characters; 23 (2) (c) decisiveness, ability to make timely judgements and good legal writing skills; (d) industriousness and ability to manage cases well; and (e) physical and mental health.

A person who is a serving judge or judicial commissioner must not SECTION be appointed if he has three or more pending judgements or 23 (3) unwritten grounds of judgements that are overdue by sixty days or more from the date they are deemed to be due.

The Commission in selecting candidates must also take into SECTION account the need to encourage diversity in the range of legal 23 (4) expertise and knowledge in the judiciary.

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SELECTION PROCESS

The Commission carries out the selection process as stipulated by section 22(2)(a)(b) of Act 695. After a selection is made, a full report is submitted to the Prime Minister to inform him of the recommended names and the basis of selection as per section 26 of Act 695. Section 27 of Act 695 allows the Prime Minister to request two more names to be selected and recommended for his consideration. Section 28 of Act 695 explains the role of the Prime Minister in giving advice in accordance with the Federal Constitution.

These provisions assist the Prime Minister in the fulﬁlment of his role in the process of appointment of superior court judges. This means that the power of the Prime Minister in the aforementioned appointment process is expressly provided for under the Federal Constitution. The process set out under Act 695 is the process of appointment preceding Article 122B of the Federal Constitution.

Section 22 of the Judicial Appointments Commission Act 2009 (Act 695)

SECTION On receiving a request, the Commission must notify the 22 (1) members of the Commission and prepare for a selection meeting.

In a selection meeting, the Commission shall apply the selection process as prescribed by regulations made under this Act and :-

SECTION (a) select not less than three persons for each vacancy in the High Court; or 22 (2) (b) select not less than two persons for each vacancy where the vacancy is for judges of the Superior Court other than the High Court.

Article 122B of the Federal Constitution

The Chief Justice of the Federal Court, the President of the Court of Appeal and the Chief Judges of the High Courts and (subject to ARTICLE Article 122C) the other judges of the Federal Court, of the Court 122B (1) of Appeal and of the High Courts shall be appointed by the Yang Di-Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers.

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Section 26 of the Judicial Appointments Commission Act 2009 (Act 695)

SECTION After making its selection, the Commission shall submit to the 26 (1) Prime Minister a report which shall :- (a) state who has been selected by the Commission to be recommended for the appointment to the ofﬁce concerned; state the reasons for such selection; and (b) contain any other information the Commission deems (c) necessary to bring to the knowledge of the Prime Minister.

SECTION After submitting the report, the Commission shall provide any 26 (2) further information as may be required by the Prime Minister.

Section 27 of the Judicial Appointments Commission Act 2009 (Act 695)

The Prime Minister may, after receiving the report under section 26, request for two more names to be selected and recommended for his consideration with respect to any vacancy to the ofﬁce of the Chief Justice of the Federal Court, SECTION the President of the Court of Appeal, the Chief Judge of 27 the High Court in Malaya, the Chief Judge of the High Court in Sabah and Sarawak, judges of the Federal Court and the Court of Appeal, and the Commission shall, as soon as may be practicable, comply with the request in accordance with the selection process as prescribed in the regulations made under this Act.

Section 28 of the Judicial Appointments Commission Act 2009 (Act 695)

Where the Prime Minister has accepted any of the persons SECTION recommended by the Commission, he may proceed to tender 28 his advice in accordance with Article 122B of the Federal Constitution.

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APPOINTMENT OF SUPERIOR COURT JUDGE

There were several appointments and promotions at all court levels in the year 2019. The total number of judges and judicial commissioners appointed in 2019 is 58. The selection of judges for promotion is based on the performance, competence and personal qualities of the judge. In an effort to increase the diversity of high court judges and increase conﬁdence in the judiciary, the Commission had also selected Judicial Commissioner candidates from various areas of expertise, educational background and experience.

Table 3: Number of Judges and Judicial Commissioners Appointed in 2019

Number No. Position Appointed

1 Chief Justice 1

2 President of the Court of Appeal 1

3 Chief Judge of the High Court in Malaya 1

4 Federal Court Judges 5

5 Judges of the Court of Appeal 7

6 High Court Judges 19

7 Judicial Commissioners 24

Total 58

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APPOINTMENT OF CHIEF JUSTICE, PRESIDENT OF THE COURT OF APPEAL AND CHIEF JUDGE OF HIGH COURT IN MALAYA

The Rt. Hon. Tan Sri Tengku Maimun binti Tuan Mat was appointed Chief Justice on 2 May 2019 to replacing The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum who retired on 12 April 2019. The Rt. Hon. Dato' Rohana binti Yusuf was appointed as President of the Court of Appeal to replacing The Rt. Hon. Tan Sri Dato' Sri Ahmad bin Haji Maarop who retired on 24 November 2019. Meanwhile, The Rt. Hon. Tan Sri Dato' Sri Azahar bin Mohamed was appointed as Chief Judge of the High Court in Malaya on 8 August 2019 to replacing The Rt. Hon. Tan Sri Zaharah binti Ibrahim who retired on 16 May 2019.

Chief Justice Chief Judge of the High President of the The Rt. Hon. Tan Sri Court in Malaya Court of Appeal Tengku Maimun The Rt. Hon. Tan Sri Dato' Sri The Rt. Hon. Dato' binti Tuan Mat Azahar bin Mohamed Rohana binti Yusuf

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FEDERAL COURT JUDGE

The Hon. Datuk The Hon. Dato' The Hon. Puan Sri The Hon. Dato' The Hon. Datuk Vernon Abdul Rahman Dato' Zaleha Zabariah binti Hasnah binti Dato' Ong Lam Kiat bin Sebli binti Yusof Mohd. Yusof Mohammed Hashim

COURT OF APPEAL JUDGE

The Hon. Dato' The Hon. Datuk The Hon. Datuk The Hon. Tuan The Hon. Dato' Lee Swee Seng Hajah Azizah Vazeer Alam bin Ravinthran a/l Hadhariah binti binti Haji Nawawi Mydin Meera N. Paramaguru Syed Ismail

The Hon. Dato' The Hon. Tuan Abu Bakar bin Jais Nantha Balan a/l E.S. Moorthy

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HIGH COURT JUDGE

The Hon. Dato' The Hon. Dato' The Hon. Puan The Hon. Dato' The Hon. Dato' Rozana binti Abu Bakar bin Katar Hayatul Akmal Faizah binti Ahmad Kamal bin Ali Yusoff binti Abdul Aziz Jamaludin Md. Shahid

The Hon. Puan The Hon. Tuan The Hon. Tuan The Hon. Tuan The Hon. Puan Wong Chee Lin Darryl Ismail Dean Celestina Goon Siew Chye bin Brahim Wayne Daly Stuel Galid

The Hon. Dato' The Hon. Dato' The Hon. Dato' The Hon. Puan The Hon. Dato' Roslan bin Abd. Wahab Hassan Chan Jit Li Muhammad Jamil Haji Abu Bakar bin Mohamed bin Abdul Ghani bin Hussin

The Hon. Dato' The Hon. Dato' The Hon. Dato' Sri The Hon. Dato' Wan Ahmad Farid Khadijah Tun Abd Majid bin Azmi bin Abdullah bin Wan Salleh binti Idris Dato' Haji Tun Hamzah

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JUDICIAL COMMISSIONER

The Hon. Dato' Sri The Hon. Dato' The Hon. Tuan The Hon. Datuk The Hon. Tuan Latifah binti Amarjeet Singh Awg Armadajaya Duncan Sikodol Muniandy Haji Mohd Tahar a/l Serjit Singh bin Awg Mahmud a/l Kannyappan

The Hon. Dr. Shahnaz The Hon. Puan The Hon. Tuan The Hon. Tuan The Hon. Puan binti Sulaiman Evrol Mariette Peters Christopher Ong Chee Kwan Maidzuara Chin Soo Yin binti Mohammed

The Hon. Tuan The Hon. Datuk Haji The Hon. Dato' The Hon. Dato' The Hon. Dato' Mohd Radzi Aslam bin Zainuddin Norsharidah Julie Lack Fredrick Indran bin Abdul Hamid binti Awang X.A. Nicholas

The Hon. Tuan The Hon. Tuan The Hon. Tuan The Hon. Tuan The Hon. Tuan Wong Siong Tung Khairil Azmi bin Leonard David Shim Nadzarin bin George Varughese Haji Mohamad Hasbie Wok Nordin a/l K.O. Varughese

The Hon. Tuan The Hon.Tuan The Hon. Tuan The Hon. Tuan Quay Chew Soon Wong Hok Chong Atan Mustaffa Anand Ponnudurai bin Yussof Ahmad

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JUDICIAL APPOINTMENTS COMMISSION

JUDICIAL ACADEMY

The Judicial Academy was established on 16 December 2011 in line with the Commission's functions under subsection 21 (1)(e) and (f) of Act 695. The Judicial Academy Committee is currently made up of eight (8) judges and is chaired by the Chief Justice. Table 5: Members of the Judicial Academy Committee

Chairman The Rt. Hon. Tan Sri Tengku Maimun Chief Justice binti Tuan Mat

Members The Rt. Hon. Dato' Rohana binti Yusuf President of the Court of Appeal

The Rt. Hon. Tan Sri Dato' Sri Azahar Chief Judge of the High Court bin Mohamed in Malaya

The Rt. Hon. Tan Sri Datuk Seri Panglima Chief Judge of the High Court David Wong Dak Wah in Sabah and Sarawak

The Hon. Datuk Setia Haji Mohd Zawawi Federal Court Judge bin Salleh

The Hon. Tan Sri Idrus bin Harun Federal Court Judge

The Hon. Datuk Nallini Pathmanathan Federal Court Judge

The Hon. Datuk Vernon Ong Lam Kiat Federal Court Judge

The Hon. Datuk Dr. Badariah binti Sahamid Judge of the Court of Appeal

Secretary Secretary YBrs. Encik Qalam Zainuddin bin Sani Judicial Appointments Commission

Two (2) committees were formed, namely the Training Committee and the Publications Committee, to enable the Judicial Academy to carry out its functions more effectively. The Training Committee is responsible for planning, executing, monitoring and evaluating local and international training programmes for superior court judges whereas the Publications Committee is responsible for publishing journals, textbooks, legal books and monographs.

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TRAINING COMMITTEE

Current developments with sophisticated technologies increase the complexity in the ﬁeld of law demands continuous learning. Continuous learning such as training programmes is a key component of a judge's career development. The main objective of implementing training programmes for judges is to improve the knowledge, expertise and skills of judges in line with the current developments of domestic and foreign laws and legislation. Members of the Training Committee are as follows:

Table 6 : Members of the Training Committee

Chairman

The Hon. Datuk Setia Haji Mohd Zawawi Federal Court Judge bin Salleh

Members The Hon. Dato' Abang Iskandar bin Federal Court Judge Abang Hashim

The Hon. Datuk Vernon Ong Lam Kiat Federal Court Judge

The Hon. Datuk Hasnah binti Federal Court Judge Dato' Mohammed Hashim

The Hon. Dato' Mary Lim Thiam Suan Judge of the Court of Appeal

Secretariat

YBrs. Encik Qalam Zainuddin bin Sani Secretary Judicial Appointments Commission

Puan Adibah Al-Husna binti Deputy Secretary Abdul Rahim Judicial Appointments Commission

In 2019, the total allocation spent to ﬁnance the implementation of training programmes for superior court judges was RM144,390.00.

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TRAINING PROGRAMMES

Courses organized by the Judicial Academy are based on judicial and legal developments as well as in line with the current needs, focusing speciﬁcally on the ever-evolving interpretation of substantive laws, court rules and procedures as well as skills in case management. Training programmes implemented are short term courses and seminars. Most of the training programmes organized by the Judicial Academy were conducted by senior judges as well as cooperation with other agencies including local and international invited speakers. On the whole, the programme has succeeded in increasing the knowledge and understanding of judges in the interpretation of laws and strengthening judging quality.

In order to improve the effectiveness of the training programme, short courses were conducted, with a small number of participants between 16 to 25 participants per session. This method received positive feedback from participants.

Attendance record shows that 100% of High Court Judges and Judicial Commissioners attended at least one (1) course in 2019. 78% of High Court Judges and Judicial Commissioners attended at least two (2) courses this year.

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COURSES/SEMINARS 2019

PRINCIPLES OF CONTRACTUAL INTERPRETATION

Priciples of Contractual Interpretation Course was held on 15 until 16 February 2019 at the Conference Hall, Palace of Justice, Putrajaya. The objective of this course is to develop knowledge and skill on interpretation of contracts among participants.

A total of 23 participants attended this course consisting of 14 High Court Judges and nine (9) Judicial Commissioners. The facilitators of this course were The Rt. Hon. Datuk Seri Panglima David Wong Dak Wah, Chief Judge of the High Court in Sabah and Sarawak; The Hon. Tan Sri Dato' Sri Azahar bin Mohamed, Federal Court Judge cum Chairman of the Training Committee, Judicial Academy; The Hon. Dato' Mary Lim Thiam Suan, Judge of the Court of Appeal; and The Hon. Datuk Hasnah binti Dato' Mohammed Hashim; Judge of the Court of Appeal. This course was also attended by The Rt. Hon. Tan Sri Dato' Sri Ahmad bin Haji Maarop, President of the Court of Appeal; and The Rt. Hon. Tan Sri Zaharah binti Ibrahim, Chief Judge of the High Court in Malaya.

This course was divided into three (3) sessions. The sessions were the presentation on assigned topics and discussion related to this course by the participants, group discussion on assigned case studies and case studies presentations. Overall, the participants gave excellent feedback about this course.

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List of Participants:

No. Name Position

1 The Hon. Dato' Haji Ghazali bin Haji Cha High Court Judge, Alor Setar 2 The Hon. Dato' Haji Azman bin Abdullah High Court Judge, Seremban 3 The Hon. Puan Supang Lian High Court Judge, Kuching 4 The Hon. Dato' Lee Heng Cheong High Court Judge, Kuching 5 The Hon. Puan See Mee Chun High Court Judge, Johor Bahru 6 The Hon. Dato' Haji Ahmad Nasfy High Court Judge, Melaka bin Haji Yasin 7 The Hon. Dato' Azmi bin Arifﬁn High Court Judge, Shah Alam 8 The Hon. Tuan Azizul Azmi bin Adnan High Court Judge, Kuala Lumpur 9 The Hon. Tuan Azhahari Kamal bin Ramli High Court Judge, Kuching 10 The Hon. Puan S.M. Komathy a/p Suppiah High Court Judge, Shah Alam 11 The Hon. Dato' Indera Haji Ab. Karim High Court Judge, Shah Alam bin Haji Ab. Rahman 12 The Hon. Dr. Choo Kah Sing High Court Judge, Johor Bahru 13 The Hon. Datuk Mohd Firuz bin Jaffril High Court Judge, Kuala Lumpur 14 The Hon. Datuk Mairin bin Idang @ Martin High Court Judge, Kota Kinabalu 15 The Hon. Tuan Abu Bakar bin Katar Judicial Commissioner Kangar High Court 16 The Hon. Dato' Roslan bin Haji Abu Bakar Judicial Commissioner Shah Alam High Court 17 The Hon. Dato' Abd Wahab bin Mohamed Judicial Commissioner Kuala Terengganu High Court 18 The Hon. Tuan Ismail bin Brahim Judicial Commissioner Kota Kinabalu High Court 19 The Hon. Dato' Sri Tun Abd Majid bin Judicial Commissioner Dato' Haji Tun Hamzah Shah Alam High Court 20 The Hon. Tuan Dean Wayne Daly Judicial Commissioner Miri High Court

21 The Hon. Dato' Hajah Aliza binti Sulaiman Judicial Commissioner Kuala Lumpur High Court

22 The Hon. Puan Wong Chee Lin Judicial Commissioner Kuala Lumpur High Court

23 The Hon. Dr. Lim Hock Leng Judicial Commissioner Sibu High Court

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AKADEMI KEHAKIMAN

APPELLATE JUDGMENT WRITING

The Appellate Judgement Writing was held on 21 March 2019 at the Conference Hall, Palace of Justice, Putrajaya. The objective of the course is to enhance appellate judgment writing skills among superior court judges in Malaysia. This half- day programme was divided into two (2) sessions. The ﬁrst session entitled Civil Appeal Judgement was delivered by The Hon. Justice Judith Prakash, Judge of the Supreme Court of Singapore; and The Hon. Datuk Nallini Pathmanathan, Federal Court Judge, Malaysia. The second session entitled Criminal Appeal Judgement was delivered by The Hon. Justice Chao Hick Tin, Judge of the Court of Appeal of Singapore; and The Hon. Tan Sri Idrus bin Harun, Federal Court Judge, Malaysia.

A total of 19 Judges of the Court of Appeal had attended the course. The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum, Chief Justice, Malaysia; The Rt. Hon. Tan Sri Zaharah binti Ibrahim, Chief Judge of the High Court in Malaya; and The Rt. Hon. Datuk Seri Panglima David Wong Dak Wah, Chief Judge of the High Court in Sabah and Sarawak were also present

List of Participants: No. Name 1 The Hon. Dato' Umi Kalthum binti Abdul Majid 2 The Hon. Dato' Ahmadi bin Haji Asnawi 3 The Hon. Datuk Dr. Badariah binti Haji Sahamid 4 The Hon. Datuk Vernon Ong Lam Kiat 5 The Hon. Puan Sri Dato' Zaleha binti Yusof 6 The Hon. Datuk Kamardin bin Hashim 7 The Hon. Dato' Zabariah binti Mohd. Yusof 8 The Hon. Datuk Harmindar Singh Dhaliwal 9 The Hon. Datuk Abdul Karim bin Abdul Jalil 10 The Hon. Dato' Suraya binti Othman 11 The Hon. Dato' Rhodzariah binti Bujang 12 The Hon. Datuk Stephen Chung Hian Guan 13 The Hon. Datuk Hanipah binti Farikullah 14 The Hon. Datuk Wira Kamaludin bin Md. Said 15 The Hon. Datuk Lau Bee Lan 16 The Hon. Dato' Mohamad Zabidin bin Mohd Diah 17 The Hon. Datuk Yew Jen Kie 18 The Hon. Datuk Nor Bee binti Arifﬁn 19 The Hon. Dato' Has Zanah binti Mehat

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AKADEMI KEHAKIMAN

HOW TO READ STATUTES COURSE

The How to Read Statute course was held on 5 April 2019 at the Conference Hall of Palace of Justice, Putrajaya. The course objective is to enhance the skills of statute reading among the superior court judges. This half-day lecture programme was conducted by The Hon. Datuk Nor Bee binti Arifﬁn, Judge the Court of Appeal.

A total of 42 participants consisted of 11 Judges of the Court of Appeal and 31 High Court Judges had attended the programme. The Rt. Hon. Tan Sri Zaharah binti Ibrahim, Chief Judge of the High Court in Malaya; and The Hon. Tan Sri Idrus bin Harun, Federal Court Judge were also present.

List of Participants:

No. Name Position

1 The Hon. Datuk Dr. Badariah binti Haji Sahamid Judge of the Court of Appeal 2 The Hon. Dato' Abdul Rahman bin Sebli Judge of the Court of Appeal 3 The Hon. Datuk Kamardin Bin Hashim Judge of the Court of Appeal 4 The Hon. Dato' Mary Lim Thiam Suan Judge of the Court of Appeal 5 The Hon. Datuk Yaacob bin Haji Md. Sam Judge of the Court of Appeal 6 The Hon. Dato' Zabariah binti Mohd. Yusof Judge of the Court of Appeal 7 The Hon. Datuk Hasnah binti Judge of the Court of Appeal Dato' Mohammed Hashim 8 The Hon. Datuk Wira Kamaludin bin Md. Said Judge of the Court of Appeal 9 The Hon. Dato' Rhodzariah binti Bujang Judge of the Court of Appeal 10 The Hon. Datuk Lau Bee Lan Judge of the Court of Appeal 11 The Hon. Dato' Mohamad Zabidin bin Mohd Diah Judge of the Court of Appeal 12 The Hon. Dato' Indera Haji Abd. Halim bin Aman High Court Judge, Shah Alam 13 The Hon. Datuk Nurchaya binti Haji Arshad High Court Judge, Kota Kinabalu 14 The Hon. Dato' Zulkiﬂi bin Bakar High Court Judge, Shah Alam 15 The Hon. Dato' Indera Mohd. Soﬁan bin High Court Judge, Kuala Lumpur Tan Sri Abd. Razak 16 The Hon. Dato' Haji Ghazali bin Haji Cha High Court Judge, Alor Setar

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List of Participants:

No. Name Position

17 The Hon. Dato' Ahmad Zaidi bin Ibrahim High Court Judge, Kuala Lumpur 18 The Hon. Dato' Sri Mariana binti Haji Yahya High Court Judge, Kuala Lumpur 19 The Hon. Dato' Haji Azman bin Abdullah High Court Judge, Seremban 20 The Hon. Dato' Haji Mohd Yazid bin Haji Mustafa High Court Judge, Shah Alam 21 The Hon. Dato' Haji Zainal Azman bin Ab. Aziz High Court Judge, Kuantan 22 The Hon. Dato' Akhtar bin Tahir High Court Judge, Pulau Pinang 23 The Hon. Dato' Hadhariah binti Syed Ismail High Court Judge, Pulau Pinang 24 The Hon. Puan Supang Lian High Court Judge, Kuching 25 The Hon. Dato' Nik Hasmat binti Nik Mohamad High Court Judge, Kuala Lumpur 26 The Hon. Tuan Ravinthran a/l Paramaguru High Court Judge, Kuching 27 The Hon. Dato' Lee Heng Cheong High Court Judge, Kuching 28 The Hon. Puan See Mee Chun High Court Judge, Johor Bahru 29 The Hon. Dato' Lee Swee Seng High Court Judge, Kuala Lumpur 30 The Hon. Dato' Haji Ahmad Nasfy bin Haji Yasin High Court Judge, Melaka 31 The Hon. Dato' Rosilah binti Yop High Court Judge, Pulau Pinang 32 The Hon. Dato' Hashim bin Hamzah High Court Judge, Ipoh 33 The Hon. Datuk Hajjah Azizah binti Haji Nawawi High Court Judge, Kuala Lumpur 34 The Hon. Datuk Vazeer Alam bin Mydin Meera High Court Judge, Shah Alam 35 The Hon. Dato' Abu Bakar bin Jais High Court Judge, Kuala Lumpur 36 The Hon. Dato' Nordin bin Hassan High Court Judge, Kuala Lumpur 37 The Hon. Datuk Noorin binti Badaruddin High Court Judge, Kuala Lumpur 38 The Hon. Tuan Azhahari Kamal bin Ramli High Court Judge, Kuching 39 The Hon. Dato' Indera Haji Ab. Karim bin High Court Judge, Shah Alam Haji Ab. Rahman 40 The Hon. Datuk Wong Kian Kheong High Court Judge, Shah Alam 41 The Hon. Datuk Mairin Idang@Martin High Court Judge, Kota Kinabalu 42 The Hon. Dr. Haji Alwi bin Haji Abdul Wahab High Court Judge, Tawau

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INDUCTION PROGRAMME FOR JUDICIAL COMMISSIONERS 1/2019

Induction Programme for Judicial Commissioners 1/2019 was held on 29 April to 3 May 2019 at the Secretary's Ofﬁce, Judicial Appointments Commission, Palace of Justice, Putrajaya. The objective of this programme is to expose the participants the scope and areas of work and best practices that must be followed when fulﬁlling their duties and responsibilities as Judicial Commissioners.

This course was conducted in lecture modules with a total of 17 topics related to the job scope of a judge as follows:

No. Topic Facilitator

The Making of The Hon. Dato' Tengku Maimun binti Tuan Mat 1 a Good Judge Federal Court Judge

Judge Craft The Hon. Dato' Tengku Maimun binti Tuan Mat 2 Federal Court Judge

Dealings with Conﬂict The Hon. Datuk Nor Bee binti Arifﬁn 3 and Unexpected Judge of the Court of Appeal Contentious Situations

The Hon. Tan Sri Idrus bin Harun When to Recuse 4 Federal Court Judge

Business of Judging: The Hon. Tan Sri Dato' Sri Azahar bin Mohamed 5 Practical Workshop Federal Court Judge

The Hon. Dato' Mary Lim Thiam Suan Salient Features of Judge of the Court of Appeal 6 the Rules of Court 2012 The Hon. Datuk Hasnah binti Dato' Mohammed Hashim Judge of the Court of Appeal

Case Management The Hon. Datuk Vernon Ong Lam Kiat 7 Judge of the Court of Appeal

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No. Topic Facilitator

An Overview to The Hon. Datuk Vernon Ong Lam Kiat 8 Court-Annexed Mediation Judge of the Court of Appeal

Practical Approach to The Hon. Dato' Rohana binti Yusuf 9 Judgment Writing and Importance of Language Federal Court Judge

The Hon. Datuk Nor Bee binti Arifﬁn 10 How to Read Statutes Judge of the Court of Appeal

“E-Court System Puan Hamidah binti Mohamed Deril 11 and Practical Director of E-Court Division

Criminal Law: The Hon. Dato' Abang Iskandar bin Abang Hashim 12 Evidence and Procedure Federal Court Judge

Adjudicating Trafﬁcking The Rt. Hon. Tan Sri Dato' Sri Ahmad bin of Drugs Cases under Haji Maarop - President of the Court of Appeal 13 Section 39B of the Dangerous Drugs Act 1952 The Hon. Dato' Abang Iskandar bin Abang Hashim - Federal Court Judge

The Rt. Hon. Tan Sri Zaharah binti Ibrahim Adjudicating Cases under Chief Judge of the High Court in Malaya 14 Section 302 of the Penal Code The Hon. Dato' Setia Mohd Zawawi bin Salleh Federal Court Judge

Adjudicating Cases under The Hon. Datuk Kamardin bin Hashim Security Offences (Special 15 Judge of the Court of Appeal Measures) Act 2012 (SOSMA)

Assessing the Credibility The Hon. Dato' Zabariah binti Mohd Yusof 16 and Reliability of Evidence Judge of the Court of Appeal

Salary, Allowance and Tuan Mohamad Nazri bin Mohd Nasohah 17 Senior Principal Assistant Director of Mgmt. Division Beneﬁts for Judges Ofﬁce of the Chief Registrar of Federal Court

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List of Participants No. Name 1 YBhg. Dato' Sri Latifah binti Mohd Tahar 2 YBhg. Dato' Amarjeet Singh a/l Serjit Singh 3 Tuan Awg Armadajaya bin Awg Mahmud 4 YBhg. Datuk Duncan Sikodol 5 Encik Muniandy Kannyappan 6 YBrs. Dr. Shahnaz Sulaiman 7 Puan Evrol Mariette Peters 8 Encik Christopher Chin Soo Yin 9 Encik Ong Chee Kwan 10 Puan Maidzuara binti Mohammed 11 Encik Mohd Radzi bin Abdul Hamid

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CRIMINAL LAW: EVIDENCE AND PROCEDURE

Criminal Law: Evidence and Procedure Course was held on 5 until 6 July 2019 at the Zenith Hotel, Putrajaya. The objective of this course is to provide Judges and Judicial Commissioners with a comprehensive understanding of certain aspects of the law of Criminal Evidence and Procedure.

A total of 19 participants attended this course consisting of six (6) High Court Judges and 13 Judicial Commissioners. The facilitators of this course were The Rt. Hon. Tan Sri Dato' Sri Ahmad bin Haji Maarop, President of the Court of Appeal; The Hon. Tan Sri Dato' Sri Azahar bin Mohamed, Federal Court Judge cum Chairman of the Training Committee, Judicial Academy; and The Hon. Dato' Abdul Rahman bin Sebli; Judge of the Court of Appeal. This course was also attended by The Rt. Hon. Dato' Tengku Maimun binti Tuan Mat, Chief Justice.

This course was divided into three (3) sessions. The sessions were presentations on assigned topics and discussion related to this course that were presented by participants, group discussion on assigned case studies and group presentations. Discussions between participants and facilitators were also held after the presentation to provide a comprehensive understanding. This course has received positive feedback from participants as well as facilitators.

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List of Participants:

No. Name Position

1 The Hon. Dato' Lee Swee Seng High Court Judge, Kuala Lumpur 2 The Hon. Datuk Hajah Azizah binti Haji Nawawi High Court Judge, Shah Alam 3 The Hon. Tuan Nantha Balan a/l E.S. Moorthy High Court Judge, Kuala Lumpur 4 The Hon. Dato' Che Mohd Ruzima bin Ghazali High Court Judge, Shah Alam 5 The Hon. Dato' Faizah binti Jamaludin High Court Judge, Kuala Lumpur 6 The Hon. Dato' Ahmad Kamal bin Md. Shahid High Court Judge, Johor Bahru 7 The Hon. Dato' Wan Ahmad Farid bin Judicial Commissioner Wan Salleh Kota Bharu High Court 8 The Hon. Dato' Khadijah binti Idris Judicial Commissioner Kuala Lumpur High Court 9 The Hon. Datin Rohani binti Ismail Judicial Commissioner Kuala Lumpur High Court 10 The Hon. Tuan Anselm Charles Fernandis Judicial Commissioner Ipoh High Court 11 The Hon. Dr. Lim Hock Leng Judicial Commissioner Sibu High Court 12 The Hon. Dato' Amarjeet Singh Judicial Commissioner a/l Serjit Singh Pulau Pinang High Court 13 The Hon. Tuan Awg Armadajaya bin Judicial Commissioner Awg Mahmud Johor Bahru High Court 14 The Hon. Tuan Muniandy a/l Kannyappan Judicial Commissioner Taiping High Court 15 The Hon. Dr. Shahnaz binti Sulaiman Judicial Commissioner Johor Bahru High Court 16 The Hon. Puan Evrol Mariette Peters Judicial Commissioner Johor Bahru High Court 17 The Hon. Tuan Christopher Chin Soo Yin Judicial Commissioner Kuching High Court 18 The Hon. Puan Maidzuara binti Mohammed Judicial Commissioner Melaka High Court 19 The Hon. Tuan Mohd Radzi bin Abdul Hamid Judicial Commissioner Pulau Pinang High Court

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QUANTIFICATION OF DAMAGES

The Quantification of Damages Seminar was held on 7th September 2019 at the Conference Hall, Palace of Justice, Putrajaya. The course aims at providing an overview on quantification of damages to participants. This programme consisted of five (5) talk topics entitled “Financing Reporting in Malaysia”, “Valuation: Art, Science or Magic?”, “Valuation of Shares and Businesses - How Reliable are the Various Valuation Methods?” “Valuation of Damages - Are Lawyers and Valuers Speaking the Same Language?” and “Minding the (Valuation) Gap”. These talks were delivered by Dato' Mohammad Faiz Azmi, Executive Chairman - PwC Malaysia; Mr. Jay Moorthy, Partner - Valuations Leader, PwC Malaysia; Mr. Michael Peer, Partner - Dispute Advisory Leader, PwC South East Asia; and Mr. Justin Lim Chee Teong, CA, Director - Valuations, PwC Malaysia. There was a Q&A session at the end of each talk.

A total of 106 participants had attended this seminar. They were six (6) Federal Court Judges, 20 Court of Appeal Judges, 41 High Court Judges, 16 Judicial Commissioners and 23 Judicial and Legal Ofﬁcers. The Rt. Hon. Dato' Seri Utama Tengku Maimun binti Tuan Mat, Chief Justice of Federal Court of Malaysia; The Rt. Hon. Tan Sri Dato' Sri Ahmad bin Haji Maarop, President of the Court of Appeal, Malaysia; and The Rt. Hon. Tan Sri Dato' Sri Azahar bin Mohamed, Chief Judge of the High Court in Malaya cum the Chairman of the Training Committee, Judicial Academy were also present.

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PRINCIPLES OF CONTRACTUAL INTERPRETATION

The Principles of Contractual Interpretation Course was held on 20th to 21st September 2019 at the Banquet Hall, Palace of Justice, Putrajaya. The course objective is to develop participants' knowledge and skills on interpretation of contracts.

This course was divided into three (3) sessions. The sessions were presentations on assigned topics and discussion on contract interpretation that were presented by participants, group discussion on assigned case studies and group presentations. The participants and facilitators had further discussed the presentation to furnish a better and comprehensive understanding. This course received positive feedbacks from participants as well as facilitators.

A total of 22 participants consisting of 16 High Court Judges and six (6) Judicial Commissioners had attended the course. The facilitators of this course were The Rt. Hon. Tan Sri Datuk Seri Panglima David Wong Dak Wah, Chief Judge of the High Court in Sabah and Sarawak; The Hon. Dato' Mary Lim Thiam Suan, Judge of the Court of Appeal; and The Hon. Datuk Hasnah binti Dato' Mohammed Hashim, Judge of the Court of Appeal. The Rt. Hon. Tan Sri Tengku Maimun binti Tuan Mat, Chief Justice of Federal Court, Malaysia; The Rt. Hon. Tan Sri Dato' Sri Ahmad bin Haji Maarop, President of the Court of Appeal, Malaysia; and The Rt. Hon. Tan Sri Dato' Sri Azahar bin Mohamed, Chief Judge of the High Court in Malaya were also present.

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List of Participants:

No. Name Position

1 The Hon. Datuk Wira Halijah binti Abbas High Court Judge, Muar 2 The Hon. Dato' Akhtar bin Tahir High Court Judge, Pulau Pinang 3 The Hon. Dato' Hashim bin Hamzah High Court Judge, Ipoh 4 The Hon. Dato' Mohd Zaki bin Abdul Wahab High Court Judge, Shah Alam 5 The Hon. Datuk Azimah binti Omar High Court Judge, Kuala Lumpur 6 The Hon. Tuan Gunalan a/l Muniandy High Court Judge, Shah Alam 7 The Hon. Tuan Mohamed Zaini bin Mazlan High Court Judge, Kuala Lumpur 8 The Hon. Dr. Haji Alwi bin Haji Abdul Wahab High Court Judge, Tawau 9 The Hon. Puan Hayatul Akmal binti Abdul Aziz High Court Judge, Shah Alam 10 The Hon. Puan Wong Chee Lin High Court Judge, Kuala Lumpur 11 The Hon. Tuan Darryl Goon Siew Chye High Court Judge, Kuala Lumpur 12 The Hon. Tuan Dean Wayne Daly High Court Judge, Miri 13 The Hon. Puan Celestina Stuel Galid High Court Judge, Sandakan 14 The Hon. Dato' Hassan bin Abdul Ghani High Court Judge, Temerloh 15 The Hon. Puan Chan Jit Li High Court Judge, Alor Setar 16 The Hon. Dato' Muhammad Jamil bin Hussin High Court Judge, Seremban 17 The Hon. Dato' Ahmad Fairuz bin Zainol Abidin Judicial Commissioner Kuala Lumpur High Court 18 The Hon. Dato' Mohd Radzi bin Harun Judicial Commissioner Ipoh High Court 19 The Hon. Datuk Meor Hashimi bin Judicial Commissioner Abdul Hamid Shah Alam High Court 20 The Hon. Dato' Sri Latifah binti Judicial Commissioner Haji Mohd Tahar Kuala Lumpur High Court 21 The Hon. Datuk Duncan Sikodol Judicial Commissioner Bintulu High Court 22 The Hon. Dr. Shahnaz binti Sulaiman Judicial Commissioner Johor Bahru High Court

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LAW REFORM AND THE JUDICIARY

The Law Reform and the Judiciary Seminar was held on 1st November 2019 at the Conference Hall, Palace of Justice, Putrajaya. The course objective is to familiarize judges and judicial and legal ofﬁcers on law reform and the role of the judiciary in law reform. The lecture was delivered by The Hon. Lord Justice Nicholas Green, Judge of the Court of Appeal of England and Wales who is also the Chair of the United Kingdom Law Commission; and The Hon. Lord Justice Malcolm John David Wallis, Judge of the Supreme Court of Appeal of South Africa.

A total of 88 participants comprising two (2) Federal Court Judges, 16 Court of Appeal Judges, 25 High Court Judges, ﬁve (5) Judicial Commissioners and 40 Judicial and Legal Ofﬁcers attended the lecture. The Rt. Hon. Tan Sri Tengku Maimun binti Tuan Mat, Chief Justice of Federal Court, Malaysia was also present.

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INDUCTION PROGRAMME FOR JUDICIAL COMMISSIONERS 2/2019

Induction Programme for Judicial Commissioners 2/2019 was held on 25th until 28th November 2019 at the Secretary's Ofﬁce, Judicial Appointments Commission, Palace of Justice, Putrajaya. The objective of this programme is to expose the participants the scopes and areas of work and best practices that must be followed in fulﬁlling their duties and responsibilities as Judicial Commissioners.

This course was conducted in lecture modules and Q and A session with a total of 17 topics related to the job scope of a judge as follows:

No. Topic Facilitator

Practical Approach to The Hon. Dato' Rohana binti Yusuf 1 Judgment Writing and Importance of Language Federal Court Judge

The Hon. Dato' Mary Lim Thiam Suan Judge of the Court of Appeal Salient Features of the 2 Rules of Court 2012 The Hon. Datuk Hasnah binti Dato' Mohammed Hashim Judge of the Court of Appeal

The Hon. Tan Sri Idrus bin Harun 3 When to Recuse Federal Court Judge

The Hon. Datuk Vazeer Alam bin Mydin Meera Committal Proceedings 4 Judge of the Court of Appeal

The Rt. Hon. Tan Sri Idrus bin Harun Adjudicating Cases under Federal Court Judge 5 Section 302 of the Penal Code The Hon. Dato' Setia Mohd Zawawi bin Salleh Federal Court Judge

The Rt. Hon. Tan Sri Datuk Seri Panglima Dealings with Conﬂict David Wong Dak Wah and Unexpected Contentious 6 Chief Judge of the High Court in Situations Sabah and Sarawak

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No. Topic Facilitator

Case Management in Civil The Hon. Datuk Vernon Ong Lam Kiat 7 and Criminal Cases Federal Court Judge

Adjudicating Cases under The Hon. Datuk Abdul Karim bin Abdul Jalil Security Offences (Special 8 Judge of the Court of Appeal Measures) Act 2012 (SOSMA)

Assessing the Credibility The Hon. Dato' Zabariah binti Mohd Yusof 9 and Reliability of Evidence Judge of the Court of Appeal

Criminal Law: The Hon. Dato' Abang Iskandar bin Abang Hashim 10 Evidence and Procedure Federal Court Judge

The Rt. Hon. Tan Sri Dato' Sri Azahar bin Mohamed Judge Craft 11 Chief Judge of the High Court in Malaya

Puan Hamidah binti Mohamed Deril Director of E-Court Division E-Court System 12 and Practical Tuan Abbas Salimi bin Hussain Assistant Director of E-Court Division

Adjudicating Trafﬁcking of Drugs Cases under The Hon. Dato' Abdul Rahman bin Sebli 13 Section 39B of the Federal Court Judge Dangerous Drugs Act 1952

The Hon. Datuk Nor Bee binti Arifﬁn 14 How to Read Statutes Judge of the Court of Appeal

Business of Judging: The Rt. Hon. Tan Sri Dato' Sri Azahar bin Mohamed 15 Practical Workshop Chief Judge of the High Court in Malaya

Tuan Mohamad Nazri bin Mohd Nasohah Salary, Allowance and Senior Principal Assistant Director of Mgmt. Division 16 Beneﬁts for Judges Ofﬁce of the Chief Registrar of Federal Court

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List of Participants: No. Name No. Name 1 YBhg. Datuk Haji Aslam bin Zainuddin 9 Encik Leonard David Shim 2 YBhg. Dato' Norsharidah binti Áwang 10 Encik Nadzarin bin Wok Nordin 3 YBhg. Dato' Rohana binti Abd Malek 11 Encik George Varughese a/l K.O. Varughese 4 YBhg. Dato' Julie Lack 12 Encik Quay Chew Soon 5 YBhg. Dato' Fredrick Indran X.A. Nicholas 13 Encik Wong Hok Chong 6 Encik Tee Geok Hock 14 Encik Atan Mustaffa Yussof Ahmad 7 Encik Wong Siong Tung 15 Encik Anand Ponnudurai 8 Encik Khairil Azmi bin Hj Mohamad Hasbie

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PUBLICATION COMMITTEE

The writing and publishing of legal journals is an initiative and ongoing effort undertaken by the Publications Committee of the Judicial Academy to enhance the performance of the judiciary through the issuance of legal texts. This publication also aims to encourage writing among members of the Judiciary as well as nurturing and cultivating lifelong learning. Table 14: Members of the Publications Committee Chairman

The Hon. Tan Sri Idrus bin Harun Federal Court Judge

Members The Hon. Dato' Alizatul Khair binti Federal Court Judge Osman Khairuddin (retired on 21 October 2019)

The Hon. Datuk Nallini Pathmanathan Federal Court Judge

The Hon. Datuk Dr. Badariah binti Sahamid Judge of the Court of Appeal

The Hon. Dato' Zabariah binti Mohd Yusof Judge of the Court of Appeal (Federal Court Judge effective on 5 December 2019)

The Hon. Tuan Mohd Nazlan bin Mohd Ghazali High Court Judge

Secretariat YBrs. Encik Qalam Zainuddin bin Sani Secretary Judicial Appointments Commission

Puan Adibah Al-Husna binti Abdul Rahim Deputy Secretary Judicial Appointments Commission

Puan Suraiya binti Mustafa Kamal Judicial and Legal Ofﬁcer

Puan Ilham binti Abdul Kader Judicial and Legal Ofﬁcer

Tuan Ahmad Aﬁq bin Hasan Judicial and Legal Ofﬁcer

Publication of Journal of the Malaysian Judiciary

The Journal of the Malaysian Judiciary (JMJ) is a biannual journal and the first edition was published in January 2019 while second edition was published in July 2019.

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= Journal of the Malaysian Judiciary (January 2019)

Articles :

1. From Paternalism to Patient Autonomy: The Changes and Implications Arising From the Decision of the Singapore Court of Appeal in Hii K Chii Kok v Ooi Peng Jin London Lucien & Anor [2017] 2 SLR 492 The Honourable Chief Justice Sundaresh Menon

2. The Dilemma of Concurrent Criminal and Civil Proceedings by Justice Gunalan Muniandy

3. Sovereign Immunity, Domestic Immunity and State-Owned Enterprises by Justice Dr Anselmo Reyes

4. Assessment of Damages in Defamation: Reconciling the Irreconcilable? by Dato' Wan Ahmad Farid Wan Salleh

5. Constitutional Amendments? Form and Substance – Issues at the Periphery of Constitutionalism by Emeritus Professor Datuk Dr Shad Saleem Faruqi

6. Eastminsters: Decolonisation and State-Building in British Asia by Dr Harshan Kumarasingham

7. Berjaya Times Square Revisited: What's in a Name? by Dr David Fung Kee

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= Journal of the Malaysian Judiciary (July 2019)

Articles :

1. Speech by The Right Honourable Chief Justice Tan Sri Tengku Maimun binti Tuan Mat, the Chief Justice of Malaysia, at the Appointment Ceremony of the Chief Justice of Malaysia at the Palace of Justice, Putrajaya on Friday, May 17, 2019

2. Taming the Unruly Horse: The Treatment of Public Policy Arguments in the Courts by The Honourable Chief Justice Sundaresh Menon

3. Conversion of Minors – An Uncertainty No More by Justice Dato' Rhodzariah Bujang

4. Revisit of Delimitation of Constituencies by Justice Datuk Yew Jen Kie

5. Enforcement of Liquidated Damages – A Legal Conundrum Resolved? by Justice Dato' Lim Chong Fong

6. The Rights of Accused Persons in the Criminal Cases in Malaysia: A Brief Overview by Justice Collin Lawrence Sequerah

7. Competition Law in Malaysia – A Digest of Recent Developments by Dato' Seri Mohd Hishamudin Yunus

8. Self – Dealing and No Proﬁt Rules: Companies Act 2016 Past to Present by Dato' Loh Siew Cheang

45 / ANNUAL REPORT 2019 SECRETARIAT OF THE COMMISSION

JUDICIAL APPOINTMENTS COMMISSION

SECRETARIAT OF THE COMMISSION

The Ofﬁce of the Secretary of the Commission is led by a Secretary who is appointed by the Prime Minister under the subsection 19(1) Act 695. The Secretaries of the Commission were YBhg. Datuk Wan Khairilanwar bin Wan Muhammad (15 May 2017 until 26 February 2019), YBhg. Dato' Indera Noridah binti Abdul Rahim (27 February 2020 until 21 August 2019) and YBrs. Encik Qalam Zainuddin bin Sani (27 August 2019 until now). The Secretary of the Commission is assisted by a Deputy Secretary and 15 ofﬁcers from various schemes and grades.

The Ofﬁce of the Secretary of the Commission is responsible in managing the Commission's activities and functions including managing selection process for the appointments of superior court judges and the members of Judicial Appointments Commission, executing all decisions made by the Commission, amending the Judges' Remuneration Act 1971 and Judicial Appointments Commission Act 2009 based on the current needs from time to time, secretariat for Judicial Academy, conducting research related to superior court judges, compiling judges' performance statistics and managing application for Judicial Commissioner.

The Ofﬁce of the Secretary of the Commission is also responsible in general administrative and ﬁnancial matters related to the Commission including preparing and coordinating its budget, developing and supervising the maintenance of the ICT needs as well as managing the services and human resource development.

BUDGET

For 2019, a total of RM2,427,354.00 has been approved for all activities and expenses conducted by the Commission.

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