Constitutional Review and Separation of Powers
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Malaysia 2019 Human Rights Report
MALAYSIA 2019 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Malaysia is a federal constitutional monarchy. It has a parliamentary system of government selected through regular, multiparty elections and is headed by a prime minister. The king is the head of state, serves a largely ceremonial role, and has a five-year term. Sultan Muhammad V resigned as king on January 6 after serving two years; Sultan Abdullah succeeded him that month. The kingship rotates among the sultans of the nine states with hereditary rulers. In 2018 parliamentary elections, the opposition Pakatan Harapan coalition defeated the ruling Barisan Nasional coalition, resulting in the first transfer of power between coalitions since independence in 1957. Before and during the campaign, then opposition politicians and civil society organizations alleged electoral irregularities and systemic disadvantages for opposition groups due to lack of media access and malapportioned districts favoring the then ruling coalition. The Royal Malaysian Police maintain internal security and report to the Ministry of Home Affairs. State-level Islamic religious enforcement officers have authority to enforce some criminal aspects of sharia. Civilian authorities at times did not maintain effective control over security forces. Significant human rights issues included: reports of unlawful or arbitrary killings by the government or its agents; reports of torture; arbitrary detention; harsh and life-threatening prison conditions; arbitrary or unlawful interference with privacy; reports of problems with -
Malaysia Pacific Land Berhad 12200-M
Malaysia Pacific Land Berhad 12200-M Unlocking our hidden POTENTIAL in pursuit of continuous GROWTH Annual Report 2003 EM & J ...we will continue our effort to improve the occupancy rate by focusing on our marketing strategies and approach. Contents Notice of Annual General Meeting 2 Statement Accompanying Notice of Annual General Meeting 3 Corporate Information 4 Board of Directors & Profile 5 Chairman’s Statement 8 Board Audit & Risk Management Committee 11 Corporate Governance 14 Statement on Internal Control 18 Financial Statements 19 Other Information 51 Form of Proxy cover rationale The theme which focuses on a hand holding a key represents the approach MPL carried out throughout its operations and the role our people play. Setting clear and inspiring goals and introducing the necessary changes, we always strive to surpass ourselves to maintain as a trusted partner and acquire an advantage best positioned to weather the regions prevailing economic storm & flourish in the new operating environment that is beginning to emerge. Our top priority is to provide value to our customers and ultimately gain profitable returns to our shareholders.Thus, unlocking the hidden potential of the Group and bringing out new opportunities that are waiting to be explored. Notice of Annual General Meeting NOTICE IS HEREBY GIVEN that the Thirty-First Annual General Meeting of MALAYSIA PACIFIC LAND BERHAD (the “Company”) will be held at the Theatrette, Level 1,Wisma Hong Leong, 18 Jalan Perak, 50450 Kuala Lumpur on Tuesday, 23 December 2003 at 10.30 a.m. in order: 1. To receive and consider the audited financial statements together with the reports of the Directors and Auditors thereon for the year ended 30 June 2003. -
The Fundamentals of Constitutional Courts
Constitution Brief April 2017 Summary The Fundamentals of This Constitution Brief provides a basic guide to constitutional courts and the issues that they raise in constitution-building processes, and is Constitutional Courts intended for use by constitution-makers and other democratic actors and stakeholders in Myanmar. Andrew Harding About MyConstitution 1. What are constitutional courts? The MyConstitution project works towards a home-grown and well-informed constitutional A written constitution is generally intended to have specific and legally binding culture as an integral part of democratic transition effects on citizens’ rights and on political processes such as elections and legislative and sustainable peace in Myanmar. Based on procedure. This is not always true: in the People’s Republic of China, for example, demand, expert advisory services are provided it is clear that constitutional rights may not be enforced in courts of law and the to those involved in constitution-building efforts. constitution has only aspirational, not juridical, effects. This series of Constitution Briefs is produced as If a constitution is intended to be binding there must be some means of part of this effort. enforcing it by deciding when an act or decision is contrary to the constitution The MyConstitution project also provides and providing some remedy where this occurs. We call this process ‘constitutional opportunities for learning and dialogue on review’. Constitutions across the world have devised broadly two types of relevant constitutional issues based on the constitutional review, carried out either by a specialized constitutional court or history of Myanmar and comparative experience. by courts of general legal jurisdiction. -
ONE the SUPREME COURT and the MAKING of PUBLIC POLICY in CONTEMPORARY CHINA Eric C. Ip
ONE THE SUPREME COURT AND THE MAKING OF PUBLIC POLICY IN CONTEMPORARY CHINA Eric C. Ip Post-Mao China saw profound social, economic and legal changes. This paper analyzes an often neglected aspect of these transformations: the evolution of the Supreme People’s Court (SPC) into an increasingly influential political actor in national law and policy-making. The SPC has self-consciously redefined its mandate to manage state-sponsored legal reforms by performing an expansive range of new functions such as issuing abstract rules, tightening control over lower courts and crafting out a constitutional jurisprudence of its own at the expense of other powerful state actors. It is more assertive than ever its own vision of how law should develop in the contemporary People’s Republic of China (PRC)SPC action can be broadly consistent with the Chinese Communist Party (CCP) interests, autonomous and expansive at the same time. However, the SPC’s reform initiatives are inevitably constrained by the vested interests of major bureaucratic players as well as the Party’s insistence on maintaining the Court as an integral administrative agency of its public security system. Eric C. Ip is working towards a doctorate at Oxford University's Centre for Socio- Legal Studies. A student of the political science subfields of comparative constitutional design and judicial politics, he earned his undergraduate degree in Government and Laws from The University of Hong Kong, and an LL.M. (distinction) degree from King's College, University of London. He is an Academic Tutor in Law and Politics at St. John's College, The University of Hong Kong; an Academic Fellow at The Institute of Law, Economics, and Politics; and a member of the American Political Science Association and the British Institute of International and Comparative Law. -
Dr. KHAIRUL BAHARIN BIN MOHD BAHARUDDIN Position
CURRICULUM VITAE Name : Dr. KHAIRUL BAHARIN BIN MOHD BAHARUDDIN Position : Deputy Director (Clinical) Address : Pejabat Timbalan Pengarah (office) Hospital Raja Permaisuri Bainun Jalan Raja Ashman Shah 30450 Ipoh, Perak Darul Ridzuan Malaysia Qualification : MD(UKM), MCHS(HMHE)UKM Other Qualification : PostGraduate Certificate in Forensic Medical Science. (University of Glasgow UK & The Society of Apothecaries of London 2007) Attachment Program 1. Pathology Department of Kuala Lumpur Hospital in 2005 (Chemical Pathology Unit, Pediatric Chemical Pathology Unit, Microbiology Unit, Immunology Unit, Hematology Unit, Drug laboratory and Histopathology Unit) 2. National Centre of Blood Bank of Malaysia in 2005. 3. Institute of Medical Research of Malaysia in 2005. 4. Section of Forensic Medicine and Science, University of Glasgow UK 2006-2008 5. Glasgow City Hall Mortuary, Royal Police of Scotland UK 2006-2008 Work experience Duration Centre of Excellent Position 2001 to 2002 Kuala Lumpur Hospital House Officer (U3) 2002 Department of Pathology Medical Officer (U3) Kuala Lumpur Hospital 2002 to 2003 Department of Paediatric Medical Officer (U3) Labuan Hospital 24/3/2003 Department of Neurosurgery Medical Officer (UD41) to 23/6/2003 Kuala Lumpur Hospital 2003 to 2006 Department of Forensic Medicine Medical Officer (UD41) Kuala Lumpur Hospital 2006 to 2008 Section of Forensic Medicine and Post Graduate Student Science, University of Glasgow, UK (certificate) 2008 to 2012 Quality & Innovation Unit -Senior Asst Director (UD44) Medical Division -Principle -
OL MYS 6/2018 28 December 2018
PALAIS DES NATIONS • 1211 GENEVA 10, SWITZERLAND Mandate of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression REFERENCE: OL MYS 6/2018 28 December 2018 Excellency, I have the honour to address you in my capacity as Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, pursuant to Human Rights Council resolution 34/18. Your Excellency’s Government has made several important and encouraging commitments to restore and protect freedom of expression in Malaysia. In light of these commitments, I am writing to provide a preliminary analysis of proposed and adopted legislation in the areas of sedition, press freedom, defamation, “fake news,” official secrets and film censorship, taking into consideration your Excellency’s Government’s obligations to respect, protect and promote the right to freedom of expression under international human rights law. I. INTRODUCTION Upon the election of the Pakatan Harapan coalition in May 2018, your Excellency’s Government promised to fight corruption and to “abolish laws that are oppressive and unfair”. In addition, the new Government has communicated to me its intention to reform laws and policies widely viewed as inconsistent with the country’s obligations under international human rights law. For instance, in June 2018, your Government responded to a communication concerning the Anti-Fake News Act of 2018 (ref. no MYS 1/2018), assuring this mandate that the Government had already begun the process of repealing the Act. At present, I understand that several laws that restrict freedom of opinion and expression in Malaysia remain in force. -
Elements of Sociology of the Supreme People's Court
Paper presented at the Conference ”Constitutionalism and Judicial Power in China” (December 12-13 2005, Sciences Po) HIGH TURNOVER AND LOW REPUTATION? ELEMENTS OF SOCIOLOGY OF THE SUPREME PEOPLE’S COURT GRAND JUSTICES (Summary) Hou Meng Department of Sociology, Beijing University This presentation about the Supreme People’s Court (SPC) Grand Justices of the PRC consists of two papers. The first one discusses the high turnover of Grand Justices and the underlying reasons, while the second focuses on the reputation of Grand Justices. Actually, high turnover and low reputation have intrinsic connections. Leaving the Supreme People’s Court: the Turnover of SPC Grand Justices In recent years, SPC has applied judge’s professionalization to all the Courts of China so as to ensure the stabilization of judge group. On the contrary, three Grand Justices have left SPC since 2003. The first one is Zhu Mingsha, the Grand Justice of the first rank and Vice President of SPC, who left for the Committee for Internal and Judicial Affairs of Standing Committee of the National People's Congress (SCNPC) and took the position as its Vice President. The second one is Zhang Jun, the Grand Justice of the second rank, from the Vice President of SPC to Vice Minister of Justice (he came back to SPC in Aug, 2005). The third one is Jiang Bixin, the Grand Justice of the second rank, from the Vice President of SPC to the President of the Higher People’s Court of Hunan Province. What leads to the above inconsistent phenomena? Continual Turnover Leaving the Court is one type of judge turnover. -
"Menteri Besar Designate" Factor Will Boost Bn's Chances in Gerik
20 NOV 1999 Tajol-MB "MENTERI BESAR DESIGNATE" FACTOR WILL BOOST BN'S CHANCES IN GERIK GERIK, Nov 20 (Bernama) -- There was much excitement at the nomination centre here for the Gerik Parliamentary and the three state seats within it, not only because of the straight fights but also among the candidates was someone who is likely to be Perak's next Chief Executive. When the Returning Officer announced that Minister in the Prime Minister's Department Datuk Seri Tajol Rosli Ghazali, 55, has been accepted as a candidate for the Kenering state at 1.15pm, there was loud applause from the crowd of 4,000 which believed that the Gerik MP since 1978 would be their new Menteri Besar. Gerik has 38,637 voters spread among three state constituencies of Pengkalan Hulu (14, 848 voters), Temenggor (11,879) and Kenering (11,910) and are known to be a BN stronghold where PAS and Keadilan are trying to sneak in. Tajol Rosli had won the Kenering seat and had been the assemblyman for nine months in 1977 after his father Tan Sri Ghazali Jawi vacated the seat and was named an ambassador. The soft-spoken Tajol Rosli insisted that he did not receive any indication from Prime Minister Datuk Seri Dr Mahathir about the Menteri Besar's post. Nevertheless the majority of the people in Gerik were confident that he would be the next Menteri Besar of Perak. "He has a clean record and is a moderate figure," said the BN candidate for Pengkalan Hulu, Ibrahim Mohamed Hanafiah. He said the "Menteri Besar Designate" factor would greatly help the BN campaign and there had been no personal attack against Tajol by the opposition. -
Laws of Malaysia
Banking and Financial Institutions 1 LAWS OF MALAYSIA REPRINT Act 372 BANKING AND FINANCIAL INSTITUTIONS ACT 1989 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 BANKING AND FINANCIAL INSTITUTIONS ACT 1989 Date of Royal Assent ………… 23 August 1989 Date of publication in the Gazette … 24 August 1989 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 3 LAWS OF MALAYSIA Act 372 BANKING AND FINANCIAL INSTITUTIONS ACT 1989 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. Functions, powers and duties of Bank PART II LICENSING OF BANKING, FINANCE COMPANY, MERCHANT BANKING, DISCOUNT HOUSE AND MONEY-BROKING BUSINESSES 4. Banking, finance company, merchant banking, discount house and money- broking businesses to be carried on only under licence 5. Submission of application for licence to the Bank 6. Grant or refusal of application by Minister 7. Revocation of licence 8. Imposition of restrictions in lieu of revocation of licence 9. Power to impose new conditions and to vary or revoke conditions imposed on licence under subsection 6(4) or this section 10. Notice of revocation of licence, imposition of restrictions, or variation or revocation of conditions, or imposition of new conditions 11. Mandatory revocation of licence and restriction of licence in cases of emergency 12. Surrender of licence 4 Laws of Malaysia ACT 372 Section 13. Prohibition on carrying on of licensed business upon revocation, expiry of duration, or surrender, of licence 14. -
The Perak Development Experience: the Way Forward
International Journal of Academic Research in Business and Social Sciences December 2013, Vol. 3, No. 12 ISSN: 2222-6990 The Perak Development Experience: The Way Forward Azham Md. Ali Department of Accounting and Finance, Faculty of Management and Economics Universiti Pendidikan Sultan Idris DOI: 10.6007/IJARBSS/v3-i12/437 URL: http://dx.doi.org/10.6007/IJARBSS/v3-i12/437 Speech for the Menteri Besar of Perak the Right Honourable Dato’ Seri DiRaja Dr Zambry bin Abd Kadir to be delivered on the occasion of Pangkor International Development Dialogue (PIDD) 2012 I9-21 November 2012 at Impiana Hotel, Ipoh Perak Darul Ridzuan Brothers and Sisters, Allow me to briefly mention to you some of the more important stuff that we have implemented in the last couple of years before we move on to others areas including the one on “The Way Forward” which I think that you are most interested to hear about. Under the so called Perak Amanjaya Development Plan, some of the things that we have tried to do are the same things that I believe many others here are concerned about: first, balanced development and economic distribution between the urban and rural areas by focusing on developing small towns; second, poverty eradication regardless of race or religion so that no one remains on the fringes of society or is left behind economically; and, third, youth empowerment. Under the first one, the state identifies viable small- and medium-size companies which can operate from small towns. These companies are to be working closely with the state government to boost the economy of the respective areas. -
Drafts As Existing at 19 September 1995
WORKING DRAFT - 19 SEPTEMBER 1995 Status: Consolidation of drafts as existing at 19 September 1995 CHAPTER 1 FORMAL PROVISIONS Republic of South Africa 1. (1) The Republic of South Africa shall be one, sovereign state. (2) The national territory of the Republic comprises the areas of the provinces of - (a) ...1 (3) The areas and boundaries of the provinces shall be as defined in the Constitution of the Republic of South Africa Act, 1993.2 Provinces 2. (1) The following provinces shall, for the purposes of the Constitution, be recognised as the provinces of the Republic: 1 The names of the provinces to be inserted when that issue has been finalised. 2 In terms of Constitution Principle XVIII(1) the boundaries of the provinces must be defined in the Constitution. Furthermore, the boundaries must be the same as those established in terms of the Interim Constitution (CP XVIII(3)). Special provision will have to be made in the section dealing with amendment of the Constitution with regard to the alteration of provincial boundaries - see CP XVIII(4) and (5). Working draft: 19 September 1995 (a) ... (b) ... (2) Parliament shall at the request of a provincial legislature alter the name of a province in accordance with the request of such legislature. (3) The areas and boundaries of the respective provinces shall be as established at the commencement of the Constitution.3 2. National symbols4 3. Languages5 4. 3 See Constitutional Principle XVIII. 4 Still under consideration. 5 Still under consideration. - 2 - Working draft: 19 September 1995 CHAPTER 2 CONSTITUTIONAL DEMOCRACY Citizenship6 5. -
COMPANIES ACT 1965 Incorporating Latest Amendments Act A1118/2001 First Enacted : 1965 (Act No
LAWS OF MALAYSIA Act 125 COMPANIES ACT 1965 Incorporating latest amendments Act A1118/2001 First Enacted : 1965 (Act No. 79 of 1965) Revised : 1973 (Act 125 w.e.f. 14 December 1973) ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title Section 2. (Omitted) Section 3. Repeals Section 4. Interpretation Section 5. Definition of subsidiary and holding company Section 5A. Definition of ultimate holding company Section 5B. Definition of wholly-owned subsidiary Section 6. When corporations deemed to be related to each other Section 6A.Interests in shares PART II ADMINISTRATION OF ACT Section 7. Registrar of Companies, etc. Section 7A. Power of Minister to exempt from payment of fees Section 7B. Power to conduct inspection Section 7C. Power to conduct investigation Section 7D.PPower to call for examination Section 8. Company auditors and liquidators to be approved by Minister charged with responsibility for finance Section 9. Company auditors Section 10. Disqualification of liquidators Section 11. Registers Section 11A. Electronic filing of documents Section 12. Enforcement of duty to make returns Section 13. Relodging of lost registered documents PART III CONSTITUTION OF COMPANIES DIVISION 1 INCORPORATION Section 14. Formation of companies Section 14A Prohibition of registration of company limited by guarantee with a share capital Section 15. Private company Section 16. Registration and incorporation Section 17. Membership of holding company Section 18. Requirements as to memorandum DIVISION 2 POWERS Section 19. Powers of a company Section 20. Ultra vires transactions Section 21. General provisions as to alteration of memorandum Section 22. Names of companies Section 23. Change of name Section 24.