JUDICIAL APPOINTMENTSJAC COMMISSION ANNUAL REPORT 2018 ANNUAL REPORT 2018 CONTENTS i

CONTENTS PAGE

CHAIRMAN’S FOREWORD 1

EXECUTIVE SUMMARY 2 - 3

BACKGROUND 4 - 7

q History of Establishment q Members of the Commission

MEETINGS 8 - 10

q Judicial Appointments Commission Meetings q Selection Meetings

APPOINTMENT OF JUDGES 11 - 17

q Selection Criteria q Selection Process q Appointment of Superior Court Judges v Federal Court Judges v Court of Appeal Judges v Judges v Judicial Commissioners

JUDICIAL ACADEMY 18 - 47

q Training Programmes Conducted in 2018 q Publication Activities for 2018

IMPROVING THE ADMINISTRATION OF JUSTICE 48

THE SECRETARIAT OF THE COMMISSION 49

q Roles and Functions q Financial Allocation

JUDICIAL APPOINTMENTS COMMISSION

CHAIRMAN’S FOREWORD

ANNUAL REPORT 2018 CHAIRMAN’S FOREWORD 1

CHAIRMAN’S FOREWORD

Transparency and integrity are important dimensions that guarantee justice based on the principle of the Rule of Law. As the most important element in the practice of separation of power doctrine in , judicial institutions need to be a reference model to legislative and executive institutions. Hence, the presentation of the Annual Report of the Judicial Appointments Commission Year 2018 is not merely to comply with the requirements of Section 31 of the Judicial Appointments Commission Act (Act 695). In fact, it is a form of manifestation towards realising the responsibility of institutionalising the spirit and practice of high transparency and integrity. This report is an important channel for disseminating information on the functions, performance and achievements of the Commission in 2018 to all stakeholders, especially law practitioners and the public at large.

During the 9 years of the Commission's establishment, there have been various improvements made towards strengthening the process of appointing superior judges in Malaysia. Such criteria of appointment will be continuously streamlined taking into account the current needs and complexity of the national legislation. The Commission also organises workshops and courses in order to strengthen the competency of the serving judges through comprehensive and hands-on training programmes. In addition, the Commission has also published the Journal of the Malaysian Judiciary which contains articles from various learned authors in law. Hopefully, these initiatives can be a catalyst in our quest to improve the public perception on the Judiciary.

Last but not least, I wish to place on record my sincere appreciation to all former and current members of the Commission for the hard work. I also wish to thank the ofcers and staff of the Commission led by Datuk Wan Khairilanwar bin Wan Muhammad for the dedication and commitment in making the Commission a successful body for 2018.

Thank you.

TAN SRI DATUK SRI PANGLIMA Chief Justice of the Federal Court, Malaysia cum Chairman of Judicial Appointments Commission

JUDICIAL APPOINTMENTS COMMISSION

EXECUTIVE SUMMARY

ANNUAL REPORT 2018 EXECUTIVE SUMMARY 2

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 2018 is prepared pursuant to the aforementioned provision.

This report is divided into six main chapters:

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

2. Meetings - reporting on the implementation of two 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 - report on domestic and foreign training programmes in 2018 as well as the publication of the Journal of the Malaysian Judiciary.

5. Improving the Administration of Justice - report on the activities implemented to strengthen the Judiciary.

6. Secretariat to the Commission - spells out the roles and functions of the Secretariat to the Commission and includes a report on the approved nancial allocation in 2018.

JUDICIAL APPOINTMENTS COMMISSION 2018 EVENTS ANNUAL REPORT 2018 3

2018 EVENTS a Meetings

u 13 Judicial Appointments Commission Meetings u 3 Selection Meetings a Appointment of Judges and Judicial Commissioners

u Chief Justice u President of the Court of Appeal u Chief Judge of the High Court in Malaya u Chief Judge of the High Court in and Sarawak u 7 Federal Court Judges u 8 Court of Appeal Judges u 8 High Court Judges u 7 Judicial Commissioners a Local Training Programmes

u Courses by Senior Judges

g Insolvency Act 1967: Understanding The New Bankruptcy Law g Appellate Judging/ Appellate Intervention g Seminar on Land Law: Resolving Competing Claims under Section 340 of the National Land Code g Induction Programme for Judicial Commissioners g Adjudicating Election Petition g Adjudicating of Habeas Corpus Cases and Amendment to Dangerous Drugs Act 1952 g Criminal Law: Evidence and Procedure Section 39B g Damages Part 1 : Tort g Damages Part 2 : Contract

u Inter-Agency Collaboration Programme g Judicial Digital Evidence Seminar

u Local and International Invited Speakers g YBhg. Dato' Meor Hashimi bin Abdul Hamid, Deputy Director General, Malaysian Insolvency Department g YBhg. Datuk Dr. Khaw Lake Tee, Former Lecturer of Law, University of Malaya g The Hon. Paul Grimm, US District Court Judge, District of Maryland a Publication

u Journal of the Malaysian Judiciary - January and July 2018 editions a Improving the Administration of Justice

u Programme between the Chief Justice with High Court Judges and Judicial Commisioners

JUDICIAL APPOINTMENTS COMMISSION BACKGROUND

ANNUAL REPORT 2018 BACKGROUND 4

BACKGROUND

History of Establishment

The independence of judicial institutions is integral to uphold the rule of law in the judicial and legislative system in Malaysia. 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 fullled its responsibilities as an independent judicial appointments body guided by the Constitution.

The Role of the Commission

The role of the Commission is to receive and consider applications from qualied persons to the position of superior court judge as provided for in section 21 of Act 695. In addition to performing its primary function of selecting suitably qualied persons who merit appointment as a superior court judge, various programmes were commissioned by the Commission to improve the judicial system in the country including training programs for superior court judges and publishing legal 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 ve (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. The appointment is normally carried out by the Prime Minister after consultation with the Bar Council of Malaysian, the Sabah Law Association, the Advocates Association of Sarawak and the Attorney General of the Federation.

JUDICIAL APPOINTMENTS COMMISSION MEMBERS OF THE COMMISSION ANNUAL REPORT 2018 5

APPOINTMENT BY TENURE

The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum

Chief Justice

The Rt. Hon. Tan Sri Dato' Sri Ahmad bin Haji Maarop

President of the Court of Appeal

The Rt. Hon. Tan Sri Zaharah binti Ibrahim

Chief Judge of the High Court in Malaya

The Rt. Hon. Datuk Seri Panglima David Wong Dak Wah

Chief Judge of the High Court in Sabah and Sarawak

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 MEMBERS OF THE COMMISSION 6

APPOINMENT BY THE PRIME MINISTER

The Hon. Tan Sri Dato' Sri Azahar bin Mohamed

Federal Court Judge

YBhg. Dato' Seri Mohd. Hishamudin bin Md. Yunus

Former Court of Appeal Judge

YBhg. Datuk Linton Albert

Former Court of Appeal Judge

YBhg. Dato' Mah Weng Kwai

Former Court of Appeal Judge

YBhg. Prof. Emeritus Datuk Dr. Haji Shad Saleem Faruqi

Professor, Faculty of Law, University Malaya

JUDICIAL APPOINTMENTS COMMISSION MEMBERS OF THE COMMISSION ANNUAL REPORT 2018 7

APPRECIATION

The Commission places on record its appreciation to YABhg. Tun Raus Sharif (from 1 April 2017 to 10 July 2018) for his contribution and service as the the Chairman of the Judicial Appointments Commission and YBhg. Tan Sri Dato’ Seri Zulkei bin Ahmad Makinudin (from 12 September 2011 to 10 July 2018) for his contribution and service as the Member of the Judicial Appointments Commission.

The Commission

The Commission further places on record its appreciation to YABhg. Tun Arin bin Zakaria, YBhg. Dato 'Anantham a / l Kasinather, YBhg. Datu Abdul Razak Tready and YBhg. Prof. Dr. Choong Yeow Choy for their contribution as members of the Commission from April 20, 2017 to September 3, 2018.

JUDICIAL APPOINTMENTS COMMISSION MEETINGS

ANNUAL REPORT 2018 MEETINGS 8

JUDICIAL APPOINTMENTS COMMISSION'S MEETINGS

Generally, Commission meetings are held to discuss initiatives to improve the performance, achievements and efciency of the Judiciary. Subsection 13(1) of Act 695 provides for the Commission to hold a Commission Meeting at least once every month. In 2018, 13 meetings were held where two (2) were held outside Putrajaya.

Table 1: Meetings of the Judicial Appointments Commission for the Year 2017

Date Venue

19 January 2018 Miri, Sarawak (Friday) 21 February 2018 Meeting Room of the Chief Justice, (Wednesday) Level 5, Palace of Justice, Putrajaya 15 March 2018 Meeting Room of the Chief Justice, (Thursday) Level 5, Palace of Justice, Putrajaya 18 April 2018 Kota Bharu High Court, Kelantan (Wednesday)

17 May 2018 Meeting Room of the Chief Justice, (Thursday) Level 5, Palace of Justice, Putrajaya 24 May 2018 Meeting Room of the Chief Justice, (Thursday) Level 5, Palace of Justice, Putrajaya 26 June 2018 Meeting Room of the Chief Justice, (Tuesday) Level 5, Palace of Justice, Putrajaya 10 July 2018 Meeting Room of the Chief Justice, (Tuesday) Level 5, Palace of Justice, Putrajaya 28 August 2018 Meeting Room of the Chief Justice, (Tuesday) Level 5, Palace of Justice, Putrajaya 25 September 2018 Meeting Room of the Chief Justice, (Tuesday) Level 5, Palace of Justice, Putrajaya 29 October 2018 Meeting Room of the Chief Justice, (Monday) Level 5, Palace of Justice, Putrajaya

22 November 2018 Meeting Room of the Chief Justice, (Thursday) Level 5, Palace of Justice, Putrajaya 18 December 2018 Meeting Room of the Chief Justice, (Tuesday) Level 5, Palace of Justice, Putrajaya

JUDICIAL APPOINTMENTS COMMISSION MEETINGS ANNUAL REPORT 2018 9 PROGRAMMES IN CONJUCTION WITH MEETINGS OF THE JUDICIAL APPOINTMENTS COMMISSION

Ÿ Miri, Sarawak

Opening of the Legal Year Sabah and Sarawak 2018

As all members of the Commission were in attendance at the Opening of the Legal Year Sabah and Sarawak 2018 on 19 January 2018, the Commission Meeting No. 1 Year 2018 was held in Miri, Sarawak.

Ÿ Kota Bharu, Kelantan

Brieng on Case Disposal Performance and Statistics at the Kota Bharu High Court

The Hon. Dato' Ahmad bin Bache, Judicial Commissioner, Kota Bharu High Court briefed the Commission on case disposal statistics at the Kota Bharu High Court in the Commission Meeting No. 4 of 2018 held on 18 April 2018 in Kota Bharu, Kelantan. YBrs. Tuan Haji Jamaludin bin Haji Mat, Director of the Kelantan State Court then continued with a brieng on on the performance, achievements and statistics of the Kelantan Lower Court.

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 MEETINGS 10

SELECTION MEETINGS

One of the roles of the Commission is to receive and consider applications from suitably qualied 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 the High Court in Malaya, Chief Judge of the High Court in Sabah and Sarawak, Federal Court Judge, Court of Appeal Judge, High Court Judge and Judicial Commissioner.

In 2018, the Commission held three (3) Selection Meetings. The candidates who were considered for selection were Court of Appeal Judges for appointment as Federal Court Judge and High Court Judges for appointment as Court of Appeal Judge. Candidates for appointment as High Court Judge were among Judicial Commissioners. For the selection of Judicial Commissioner, the candidates were Legal and Judicial Ofcers as well as Legal Practitioners.

Table 2: Selection Meetings for the Year 2018 Date Venue Selection 24 May 2018 Meeting Room of the Chief Justice, President of the (Thursday) Chief Justice, Level 5, Court of Appeal, Chief Judge of Palace of Justice, Putrajaya the High Court in Malaya and Chief Judge of the High Court in Sabah and Sarawak

25 September 2018 Meeting Room of the Federal Court Judges and (Tuesday) Chief Justice, Level 5, Court of Appeal Judges Palace of Justice, Putrajaya

29 October 2018 Meeting Room of the High Court Judges and (Monday) Chief Justice, Level 5, Judicial Commissioners Palace of Justice, Putrajaya

The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum chairing the meeting

JUDICIAL APPOINTMENTS COMMISSION

APPOINTMENT OF JUDGES

ANNUAL REPORT 2018 APPOINTMENT OF JUDGES 11

SELECTION CRITERIA

Article 123 of the Federal Constitution provides for minimum qualications and conditions to select a superior court judge. Act 695 also places certain conditions and criteria in considering candidates as provided under section 23 of Act 695. 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.

Candidates’ Criteria

Section 23 (1) Section 23 (2) A candidate is qualied for The Commission in selecting candidates the selection if he fullls the shall take into account amongst others, requirements under Article 123 the following criteria : of the Federal Constitution. (a) integrity, competency and experience; (b) objective, impartial, fair and good moral characters; (c) decisiveness, ability to make timely Section 23 (3) judgements and good legal writing skills; A person who is a serving (d) industriousness and ability to manage judge or judicial commissioner cases well; and must not be appointed if he (e) physical and mental health. has three or more pending judgements or unwritten grounds of judgements that are overdue by sixty days or more from the date they Section 23 (4) are deemed to be due. The Commission in selecting candidates must also take into account the need to encourage diversity in the range of legal expertise and knowledge in the judiciary.

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

JUDICIAL APPOINTMENTS COMMISSION APPOINTMENT OF JUDGES ANNUAL REPORT 2018 12

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 the 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 fullment 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 merely the process of appointment preceding Article 122B of the Federal Constitution.

Selection

Section 22 (1) Section 22 (2) On receiving a request, the In a selection meeting, the Commission Commission must notify the shall apply the selection process as members of the Commission prescribed by regulations made under and prepare for a selection this Act and :- meeting. (a) select not less than three persons for each vacancy in the High Court; or

(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.

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

Appointment

Article 122B (1) 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 122C) the other judges of the Federal Court, of the Court 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 . Article 122B of the Federal Constitution

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 APPOINTMENT OF JUDGES 13

SELECTION AND APPOINTMENT PROCESS

Report on Recommendation

Section 26 (1) Section 26 (2) After making its selection, the Commission After submitting the report, shall submit to the Prime Minister a report the Commission shall provide which shall :- any further information as (a) state who has been selected by the may be required by the Commission to be recommended for the Prime Minister. appointment to the ofce concerned; (b) state the reasons for such selection; and (c) contain any other information the Commission deems necessary to bring to the knowledge of the Prime Minister.

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

Request for Further Selection by the Prime Minister

Section 27 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 ofce of the Chief Justice of the Federal Court, the President of the Court of Appeal, the Chief Judge of 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 27 of the Judicial Appointments Commission Act 2009 (Act 695)

Tender of Advice

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

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

JUDICIAL APPOINTMENTS COMMISSION APPOINTMENT OF JUDGES ANNUAL REPORT 2018 14

APPOINTMENT OF SUPERIOR COURT JUDGES

There were several appointments and promotions at all court levels in the year 2018. The total number of judges and judicial commissioners appointed in 2018 is 34. 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 condence 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

No. Court Number Appointed 1. Chief Justice 1

2. President of the Court of Appeal 1

3. Chief Judge of the High Court in Malaya 1

Chief Judge of the High Court in Sabah and 4. 1 Sarawak

5. Federal Court 7

6. Court of Appeal 8

7. High Court 8

8. Judicial Commissioner 7

TOTAL 34

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 APPOINTMENT OF JUDGES 15

APPOINTMENT OF SUPERIOR COURT JUDGES

Appointment of Chief Justice, President of the Court of Appeal, Chief Judge of the High Court in Malaya and Chief Judge of the High Court in Sabah and Sarawak

The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum was appointed as the Chief Justice on 11 July 2018 to replace The Rt. Hon. Tun Raus Sharif. The Rt. Hon. Tan Sri Dato' Sri Ahmad bin Haji Maarop, who was then the Chief Judge of the High Court in Malaya, was appointed as President of the Court of Appeal to replace The Rt. Hon. Tan Sri Dato' Seri Zulkei bin Ahmad Makinudin on the same date. The appointments of The Rt. Hon. Tan Sri Zaharah binti Ibrahim as Chief Judge of the High Court in Malaya and The Rt. Hon. Datuk Seri Panglima David Wong Dak Wah as Chief Judge of the High Court in Sabah and Sarawak were effective on 11 July 2018.

Chief Justice, President of the Court of Appeal and Chief Judge of the High Court in Sabah and Sarawak posing for the photograph with His Majesty the Yang di-Pertuan Agong after receiving their Letter of Appointment on 11 July, 2018

JUDICIAL APPOINTMENTS COMMISSION APPOINTMENT OF JUDGES ANNUAL REPORT 2018 16

APPOINTMENT OF SUPERIOR COURT JUDGES

Appointment of Federal Court Judges, Court of Appeal Judges and High Court Judges

Appointment of Federal Court Judges

1. The Hon. Datuk Seri Panglima 4. The Hon. Dato' Tengku Maimun binti David Wong Dak Wah Tuan Mat 2. The Hon. Dato' Rohana binti Yusuf 5. The Hon. Dato' Abang Iskandar bin 3. The Hon. Dato' Setia Haji Mohd Zawawi Abang Hashim bin Salleh 6. The Hon. Tan Sri Idrus bin Harun 7. The Hon. Datuk Nallini Pathmanathan

Appointment of Court of Appeal Judges

1. The Hon. Datuk Stephen 5. The Hon. Dato' Mohamad Zabidin bin Chung Hian Guan Mohd Diah 2. The Hon. Datuk Hanipah binti Farikullah 6. The Hon. Datuk Yew Jen Kie 3. The Hon. Datuk Wira Kamaludin bin 7. The Hon. Datuk Nor Bee binti Arifn Md. Said 8. The Hon. Dato' Has Zanah binti Mehat 4. The Hon. Datuk Lau Bee Lan

Appointment of High Court Judges

1. The Hon. Puan S.M. Komathy a/p Suppiah 5. The Hon. Dato' Ahmad bin Bache 2. The Hon. Dato' Indera Haji Ab Karim bin 6. The Hon. Datuk Mohd Firuz bin Jaffril Haji Ab Rahman 7. The Hon. Datuk Mairin Idang @ Martin 3. The Hon. Datuk Wong Kian Kheong 8. The Hon. Dr. Haji Alwi bin 4. The Hon. Dr. Choo Kah Sing Haji Abdul Wahab

Federal Court Judges, Court of Appeal Judges and High Court Judges posing for a photograph with His Majesty the Yang di-Pertuan Agong after receiving their Letter of Appointment on 27 April, 2018

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 APPOINTMENT OF JUDGES 17

APPOINTMENT OF SUPERIOR COURT JUDGES

Federal Court Judges and the Court of Appeal Judges posing for a Photograph with His Majesty the Deputy Yang di-Pertuan Agong after receiving their Letter of Appointment on 26 November, 2018

Appointment of Judicial Commissioners 1. The Hon. Dato' Ahmad Fairuz bin 5. The Hon. Puan Wong Chee Lin Zainal Abidin 6. The Hon. Tuan Darryl Goon Siew Chye 2. The Hon. Dato' Mohd Radzi bin Harun 7. The Hon. Dr. Lim Hock Leng 3. The Hon. Dato' Hajah Aliza binti Sulaiman 4. The Hon. Datuk Meor Hashimi bin Abdul Hamid

Judicial Commissioners after Taking the Oath of Ofce Ceremony on 30 March 2018

JUDICIAL APPOINTMENTS COMMISSION

JUDICIAL ACADEMY

ANNUAL REPORT 2018 JUDICIAL ACADEMY 18

MEMBERS OF 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 4: Members of the Judicial Academy Committee

Chairman

The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum Chief Justice

Members

The Rt. Hon. Tan Sri Dato’ Sri Ahmad bin Haji Maarop President of the Court of Appeal

The Rt. Hon. Tan Sri Zaharah binti Ibrahim Chief Judge of the High Court in Malaya

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

The Hon. Dato' Sri Balia Yusof bin Haji Wahi Federal Court Judge

The Hon. Datuk Nallini Pathmanathan Federal Court Judge

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

Secretary

YBrs. Encik Wan Khairilanwar bin Wan Muhammad Secretary Judicial Appointments Commission

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

JUDICIAL APPOINTMENTS COMMISSION JUDICIAL ACADEMY ANNUAL REPORT 2018 19

TRAINING COMMITTEE

Current developments and complexities in the eld of law demands continuous learning which is a key component of a judge's career development. The main objective of implementing training programmes for judges is to improve the 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 5 : Members of the Training Committee

Chairman

The Hon. Tan Sri Dato’ Sri Azahar bin Mohamed Federal Court Judge

Members

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

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

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

The Hon. Datuk Vernon Ong Lam Kiat Court of Appeal Judge

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

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

Secretary

YBrs. Encik Wan Khairilanwar bin Wan Muhammad Secretary Judicial Appointments Commission

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

In 2018, the total allocation spent to nance the implementation of training programmes was RM155,599.90.

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 20

TRAINING PROGRAMMES 2018

Courses organized by the Judicial Academy are based on legal developments and in line with the changing needs of society, focusing specically 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 are conducted by senior judges. On the whole, the programme has succeeded in increasing the knowledge and understanding of judges in the interpretation of laws and strengthening judging skills in the effort to improve the quality of judges at all court levels as well as to reduce errors and oversight to raise the level of public condence in the Judiciary.

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

Attendancde statistics

Overall, 100% of the number of High Court Judges and 97% of the number of Judicial Commissioners attended at least one (1) course in 2018. 36% of the number of High Court Judges and Judicial Commissioners attended at least three (3) training courses this year.

INVITATION TO INTERNATIONAL LEGAL EXPERT AND COLLABORATION WITH OTHER AGENCIES

“JUDICIAL DIGITAL EVIDENCE SEMINAR”

The “Judicial Digital Evidence” Seminar was held on October 21, 2018 at The Everly Hotel, Putrajaya, in collaboration with the Commission and Ofce of the Chief Registrar of the Federal Court. The Hon. Paul Grimm, US District Court Judge, District of Maryland was invited as a speaker. The programme was attended by Chief Justice as well as judges from Putrajaya, the northern, southern, central zones and judicial ofcers.

JUDICIAL APPOINTMENTS COMMISSION JUDICIAL ACADEMY ANNUAL REPORT 2018 21

LOCAL TRAINING PROGRAMMES 2018

1. “INSOLVENCY ACT 1967: UNDERSTANDING THE NEW BANKRUPTCY LAW”

The Seminar "Insolvency Act 1967: Understanding the New Bankruptcy Law" was the rst seminar held in 2018. The course was held at the Conference Hall, Palace of Justice, Putrajaya, on 10 February 2018. The objective of the course was to provide participants with a comprehensive picture on amendments to the Bankruptcy Act 1967 which is now known as the Insolvency Act 1967.

A total of 116 participants have attended this seminar. The speakers were YBhg. Dato' Meor Hashimi bin Abdul Hamid, Malaysia Insolvency Department Deputy Director-General, The Hon. Datuk Hasnah binti Dato' Mohammed Hashim and The Hon. Datuk Abdul Karim bin Abdul Jalil, Court of Appeal Judges, where the former was previously Director-General of the Department of Insolvency Malaysia.

This seminar was split into four (4) sessions. The rst session began with a presentation by YBhg. Dato 'Meor Hashimi bin Abdul Hamid, Deputy Director-General of the Department of Insolvency Malaysia entitled 'An Overview of the New Bankruptcy Law Act '. It was followed by The Hon. Datuk Abdul Karim bin Abdul Jalil who presented a paper entitled: 'New Rescue Mechanism: Voluntary Arrangement and Interim Order'. The Hon. Datuk Hasnah binti Dato' Mohammed Hashim continued the third session with a presentation titled 'Specic Features of the New Insolvency Regime: Single Bankruptcy Order, Order of Substituted Service, Automatic Discharge'. The fourth session was a discussion and question-and-answer session. The panel consisted of all presenters while The Hon. Datuk Vernon Ong Lam Kiat was moderator.

“Insolvency Act 1967: Understanding the New Bankruptcy Law” Seminar Participants conducted on 10 February 2018

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 22

2. “APPELLATE JUDGING AND APPELLATE INTERVENTION”

The "Appellate Judging and Appellate Intervention" seminar was held on 24 February 2018 at the Banquet Hall, Palace of Justice, Putrajaya. The objective of the seminar was to provide Court of Appeal Judges a research and development opportunity to enhance their knowledge and skills. It also gave the Court of Appeal Judges an opportunity to exchange views and share experiences with the Chief Justice, The President of the Court of Appeal, The Chief Judge of the High Court in Malaya and the Chief Judge of the High Court in Sabah and Sarawak as well as their peers on issues of common interest. A total of 22 Court of Appeal Judges participated in this course.

The facilitators of this course were The Rt. Hon. Tun Raus Sharif, Chief Justice; The Rt. Hon. Tan Sri Dato' Seri Zulkei bin Ahmad Makinudin, President of the Court of Appeal; The Rt. Hon. Tan Sri Dato' Sri Ahmad bin Haji Maarop, Chief Judge of the High Court in Malaya; and The Hon. Tan Sri Dato' Sri Azahar bin Mohamed, Federal Court Judge.

This seminar was divided into two (2) sessions. The rst session entitled 'Appellate Judging' was handled by The Rt. Hon. Tun Raus Sharif, Chief Justice while the second session entitled 'Appellate Intervention' was delivered by The Rt. Hon. Tan Sri Dato' Seri Zulkei bin Ahmad Makinudin, President of the Court of Appeal. The participants were then given the opportunity to interact with the panel in a question-and-answer session. The Rt. Hon. Tan Sri Dato' Sri Ahmad bin Haji Maarop, Chief Judge of the High Court in Malaya and The Hon. Tan Sri Dato' Sri Azahar bin Mohamed, Federal Court Judge were also on the panel in the aforementioned session.

“Appellate Judging and Appellate Intervention” Seminar participants on 24 February 2018

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List of Paticipants

1. The Hon. Datuk Wira Mohtarudin bin Baki 2. The Hon. Dato' Rohana binti Yusuf 3. The Hon. Dato' Tengku Maimun binti Tuan Mat 4. The Hon. Dato' Setia Haji Mohd Zawawi bin Salleh 5. The Hon. Dato' Abang Iskandar bin Abang Hashim 6. The Hon. Dato' Umi Kalthum binti Abdul Majid 7. The Hon. Dato' Ahmadi bin Haji Asnawi 8. The Hon. Tan Sri Idrus bin Harun 9. The Hon. Datuk Dr. Badariah binti Haji Sahamid 10. The Hon. Datuk Vernon Ong Lam Kiat 11. The Hon. Dato' Abdul Rahman bin Sebli 12. The Hon. Puan Sri Dato' Zaleha binti Yusof 13. The Hon. Datuk Kamardin bin Hashim 14. The Hon. Dato' Mary Lim Thiam Suan 15. The Hon. Datuk Yaacob bin Haji Md. Sam 16. The Hon. Dato' Zabariah binti Mohd. Yusof 17. The Hon. Datuk Hasnah binti Dato' Mohammed Hashim 18. The Hon. Datuk Harmindar Singh Dhaliwal 19. The Hon. Datuk Abdul Karim bin Abdul Jalil 20. The Hon. Dato' Suraya binti Othman 21. The Hon. Datuk Yeoh Wee Siam 22. The Hon. Dato' Rhodzariah binti Bujang

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 24

3. “SEMINAR ON LAND LAW: RESOLVING COMPETING CLAIMS UNDER SECTION 340 OF THE NATIONAL LAND CODE”

The “Seminar on Land Law: Resolving Competing Claims under Section 340 of the National Land Code” was a training programme with an invited speaker. This seminar was held on 3 March 2018 at the Conference Hall, Palace of Justice, Putrajaya. YBhg. Datuk Dr. Khaw Lake Tee, an academician specialising in law relating to land affairs was invited as a speaker. The objective of the seminar was to expose participants to identify current issues, to increase technical and judicial knowledge, especially under Section 340 of the National Land Code.

A total of 119 participants attended the course comprising the President of The Court of Appeal, Chief Judge of the High Court in Malaya, 5 Federal Court Judges, 21 Court of Appeal Judges, 36 High Court Judges, 25 Judicial Commissioners and 30 judicial and legal ofcers.

This seminar was divided into two (2) sessions; a lecture session entitled 'Resolving Competing Claims under Section 340 of the National Land Code' and a question and answer session chaired by The Hon. Tan Sri Dato' Sri Azahar bin Mohamed.

“Seminar on Land Law: Resolving Competing Claims under Section 340 of the National Land Code” on 3 Mac 2018

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4. “INDUCTION PROGRAMME FOR JUDICIAL COMMISSIONERS ”

The "Induction Programme for Judicial Commissioners" course was held with the aim of giving exposure to Judicial Commissioners, who were to be appointed, on the scope and areas of work and best practices that must be followed when fullling their duties and responsibilities as Judicial Commissioners. The course was held from 26 to 30 March 2018 at the Ofce of the Secretary, Judicial Appointments Commission, Level 5, North Block, Palace of Justice, Putrajaya. A total of seven (7) candidates to be appointed as Judicial Commissioners attended this course.

The format of this course was seminar-style and followed by a question-and-answer session. A total of 18 talks were delivered by senior judges as follows:

No. Title Speakers

1. The Making of a Good Judge The Rt. Hon. Tun Raus Sharif

2. Judge Craft The Rt. Hon. Tan Sri Dato' Seri Zulkei bin Ahmad Makinudin

3. Dealings with Conict and Unexpected The Hon. Dato' Sri Balia Yusof Contentious Situation bin Haji Wahi

4. Business of Judging : The Hon. Tan Sri Dato' Sri Practical Workshop Azahar bin Mohamed

5. When to Recuse The Hon. Tan Sri Idrus bin Harun

6. Assessing the Credibility and Reliability The Hon. Tan Sri Jeffrey of Evidence Tan Kok Wha

7. Practical Approach to Judgment The Hon. Tan Sri Dato' Wira Writing Aziah binti Ali

8. How to Read Statute The Hon. Tan Sri Zaharah 9. Judgment Writing : Importance of binti Ibrahim Language

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 26

No. Title Speakers

10. Adjudicating Cases Under Security The Hon. Datuk Kamardin bin Offences (Special Measures) Act 2012 Hashim (SOSMA)

11. Adjudicating Cases under Section 302 The Hon. Dato' Setia Mohd Zawawi of the Penal Code bin Salleh

12. Criminal Law: Evidence and Procedure The Hon. Dato' Tengku Maimun binti Tuan Mat

13. Adjudicating Trafcking of Drugs Cases The Rt. Hon. Tan Sri Dato' Sri Ahmad under Section 39B of the Dangerous bin Haji Maarop Drugs Act 1952

14. Case Management The Hon. Datuk Vernon Ong Lam Kiat

15. Salient Features of the Rules of Court The Hon. Dato' Abang Iskandar bin 2012 Abang Hashim dan YA Datuk Hasnah binti Dato' Mohammed Hashim

16. An Overview to Court-Annexed The Hon. Datuk Vernon Mediation Ong Lam Kiat

17. E-Court System Encik Zulkei bin Ablah dan Encik Mohd. Faizal bin Ismail

18. Salary, Allowance and Benets for Encik Zamri bin Misman Judges

“Induction Programme for Judicial Commissioners” Speakers and Participants from 26 to 30 March 2018

JUDICIAL APPOINTMENTS COMMISSION JUDICIAL ACADEMY ANNUAL REPORT 2018 27

List of Paticipants

1. YBhg. Dato' Ahmad Fairuz bin Zainol Abidin - Deputy Chief Executive Securities Commission Malaysia

2. YBhg. Dato' Mohd Radzi bin Harun - Chairman Special Commissioners of Income Tax Ministry of Finance

3. YBhg. Dato' Hajah Aliza binti Sulaiman - Senior Director, Legal Section, Public Private Partnership Unit, Prime Minister's Department

4. YBhg. Datuk Meor Hashimi bin Abdul Hamid - Deputy Director-General Malaysia Department of Insolvency

5. Puan Wong Chee Lin - Partner, Dispute Resolution Division, SKRINE

6. Encik Darryl Goon Siew Chye - Management Partner and Head of Dispute Resolution Messrs Raja, Darryl and Loh, Kuala Lumpur

7. YBrs. Dr. Lim Hock Leng - Messrs Lim Guan Sing and Co., , Sabah

“Induction Programme for Judicial Commissioners” from 26 to 30 March 2018

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 28

5. “ADJUDICATING ELECTION PETITION ”

The "Adjudicating Election Petition" course was conducted from 14 to 15 April 2018 at the Banquet Hall, Palace of Justice, Putrajaya. This course was the fth training programme organized by the Judicial Academy in 2018. The course was organised with the objective of providing a comprehensive understanding of election laws and procedures.

A total of 25 High Court Judges from various states attended this course and the facilitators were The Rt. Hon. Tan Sri Dato' Seri Zulkei bin Ahmad Makinudin, President of the Court of Appeal, The Rt. Hon. Tan Sri Dato' Sri Ahmad bin Haji Maarop, Chief Judge of the High Court in Malaya and The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum, Chief Judge of the High Court in Sabah and Sarawak as well as The Hon. Tan Sri Dato' Sri Azahar bin Mohamed, Federal Court Judge who is also the Chairman of the Training Committee, Judicial Academy.

The Rt. Hon. Chief Justice, Tun Raus Sharif during his speech, stressed that judges adhere to the six-month timeframe set for election petitions, maintaining professionalism in managing cases and not to postpone ongoing cases.

This course was divided into three (3) sessions. In the rst session, fasiliators spoke on topics related to election petitions, followed by an open discussion on the issues raised with reference to legal cases. The topics of the talk are as follows:

No. Title Speakers

1. Introduction to Election Laws and The Rt. Hon. Tan Sri Dato' Seri Regulations Zulkei bin Ahmad Makinudin

2. Practices and Procedures on Election The Rt. Hon. Tan Sri Dato' Sri Petition Ahmad bin Haji Maarop and The Hon. Tan Sri Dato' Sri Azahar bin Mohamed 3. Technical Objections and Interpretation The Rt. Hon. Tan Sri Datuk Seri of the Laws in an Election Petition Panglima Richard Malanjum

Facilitators and Participants “Adjudicating Election Petition” Seminar Facilitators and Participants from 14 to 15 April 2018

JUDICIAL APPOINTMENTS COMMISSION JUDICIAL ACADEMY ANNUAL REPORT 2018 29

List of Participants 1. The Hon. Dato' Mohammad Zabidin bin Mohd Diah - High Court Judge, Shah Alam 2. The Hon. Dato' Mohd Azman bin Husin - High Court Judge, Shah Alam 3. The Hon. Dato' Indera Mohd Soan bin Tan Sri Abd Razak - High Court Judge, Kuala Lumpur 4. The Hon. Dato' Ahmad Zaidi bin Ibrahim - High Court Judge, Kuala Lumpur 5. The Hon. Dato' Sri Mariana binti Haji Yahya - High Court Judge, Kuantan

6. The Hon. Dato' Mohd Yazid bin Haji Mustafa - High Court Judge, Shah Alam 7. The Hon. Dato' Haji Zainal Azman bin Abdul Aziz - High Court Judge, Kuala Terengganu 8. The Hon. Datuk Yew Jen Kie - High Court Judge, 9. The Hon. Datuk Wira Halijah binti Abbas - High Court Judge, Muar 10. The Hon. Dato' Hadhariah binti Syed Ismail - High Court Judge, Penang 11. The Hon. Puan Supang Lian - High Court Judge, Sibu 12. The Hon. Tuan Ravinthran a/l N. Paramaguru - High Court Judge, Kota Kinabalu 13. The Hon. Dato' Lee Heng Cheong - High Court Judge, Sibu

14. The Hon. Dato' Haji Ahmad Nasfy bin Haji Yasin - High Court Judge, Malacca

15. The Hon. Dato' Rosilah binti Yop - High Court Judge, Penang 16. The Hon. Dato' Hashim bin Hamzah - High Court Judge, Alor Setar

17. The Hon. Datuk Hajah Azizah binti Haji Nawawi - High Court Judge, Kuala Lumpur

18. The Hon. Dato' Mohd Zaki bin Abdul Wahab - High Court Judge, Kuala Lumpur

19. The Hon. Dato' Abu Bakar bin Jais - High Court Judge, Seremban 20. The Hon. Dato' Che Mohd Ruzima bin Ghazali - High Court Judge, Ipoh 21. The Hon. Datuk Azimah binti Omar - High Court Judge, Shah Alam 22. The Hon. Dato' Nordin bin Hassan - High Court Judge, Kuala Lumpur 23. The Hon. Tuan Collin Lawrence Sequerah - High Court Judge, Johor Bahru

24. The Hon. Tuan Mohd Nazlan bin Mohd Ghazali - High Court Judge, Kuala Lumpur

25. The Hon. Tuan Azhahari Kamal bin Ramli - High Court Judge, Kuching

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 30

Adjudicating Election Petition Seminar from 14 to 15 April 2018

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6. “ADJUDICATION OF HABEAS CORPUS CASES AND AMENDMENT TO DANGEROUS DRUGS ACT 1952”

The "Adjudication of Habeas Corpus Cases and Amendment to Dangerous Drugs Act 1952" was the third seminar conducted by the Judicial Academy in 2018. This seminar was held on 18 August 2018 at the Conference Hall, Palace of Justice, Putrajaya. The objective of the seminar was to provide a complete understanding of Habeas Corpus to the participants.

A total of 32 participants attended the course consisting of 19 High Court Judges and 13 Judicial Commissioners. The facilitators 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 who is also Chairman of the Judicial Training Committee, Judicial Academy and The Hon. Dato' Setia Haji Mohd Zawawi bin Salleh, Federal Court Judge.

The seminar was divided into three (3) sessions, a lecture session, a group discussion session and a presentation sessions (of the group discussions). The rst lecture session entitled 'Amendment to Dangerous Drugs Act 1952' was conducted by The Rt. Hon. Tan Sri Dato' Sri Ahmad bin Haji Maarop. The Hon. Dato' Setia Haji Mohd Zawawi bin Salleh, Federal Court Judge delivered his lecture in the second session entitled 'Adjudicating Habeas Corpus Cases'. These two sessions were followed by a question and answer session.

The seminar continued with a group discussion of case studies with the third session being the presentation session, with each group presented its group ndings.

“Adjudication of Habeas Corpus Cases and Amendment to Dangerous Drugs Act 1952” Seminar participants on 18 August 2018

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 32

List of Participants

1. The Hon. Dato' Indera Haji Abd. Halim bin Aman - High Court Judge, Shah Alam 2. The Hon. Datuk Nurchaya binti Haji Arshad - High Court Judge, Kota Kinabalu 3. The Hon. Dato' Zulkii bin Bakar - High Court Judge, Shah Alam 4. The Hon. Dato' Haji Ghazali bin Haji Cha - High Court Judge, Shah Alam 5. The Hon. Dato' Haji Azman bin Abdullah - High Court Judge, Kuala Lumpur 6. The Hon. Dato' Mohd Yazid bin Haji Mustafa - High Court Judge, Shah Alam 7. The Hon. Dato' Haji Zainal Azman bin Abdul Aziz - High Court Judge, Kuala Terengganu 8. The Hon. Datuk Wira Halijah binti Abbas - High Court Judge, Muar 9. The Hon. Dato' Hashim bin Hamzah - High Court Judge, Alor Setar 10. The Hon. Dato' Abu Bakar bin Jais - High Court Judge, Seremban 11. The Hon. Dato' Che Mohd Ruzima bin Ghazali - High Court Judge, Ipoh

12. The Hon. Dato' Lim Chong Fong - High Court Judge, Penang

13. The Hon. Dato' Azmi bin Arifn - High Court Judge, Shah Alam

14. The Hon. Tuan Collin Lawrence Sequerah - High Court Judge, Johor Bahru

15. The Hon. Tuan Mohd Nazlan bin Mohd Ghazali - High Court Judge, Kuala Lumpur 16. The Hon. Tuan Azhahari Kamal bin Ramli - High Court Judge, Kuching

17. The Hon. Dato' Indera Haji Ab. Karim bin Haji Ab. Rahman - High Court Judge, Shah Alam

18. The Hon. Dato' Ahmad bin Bache - High Court Judge, Kota Bharu

19. The Hon. Tuan Abu Bakar bin Katar - Judicial Commissioner, High Court of Kangar

20. The Hon. Dato' Hassan bin Abdul Ghani - Judicial Commissioner, High Court of Temerloh

JUDICIAL APPOINTMENTS COMMISSION JUDICIAL ACADEMY ANNUAL REPORT 2018 33

List of Participants 21. The Hon. Puan Chan Jit Li - Judicial Commissioner, High Court of Alor Setar

22. The Hon. Tuan Muhammad Jamil bin Hussin - Judicial Commissioner, High Court of Seremban 23. The Hon. Dato' Sri Tun Abd. Majid bin Dato' Haji Tun Hamzah - Judicial Commissioner, High Court of Shah Alam

24. The Hon. Dato' Azmi bin Abdullah - Judicial Commissioner, High Court of Penang

25. The Hon. Tuan Mat Ghani bin Abdullah - Judicial Commissioner, High Court of Johor Bahru 26. The Hon. Tuan Asmadi bin Husin - Judicial Commissioner, High Court of Taiping 27. The Hon. Tuan Anselm Charles Fernandis - Judicial Commissioner, High Court of Ipoh 28. The Hon. Dato' Ahmad Shahrir bin Mohd Salleh - Judicial Commissioner, High Court of Penang 29. The Hon. Dato' Ahmad Fairuz bin Zainol Abidin - Judicial Commissioner, High Court of Klang 30. The Hon. Dato' Mohd Radzi bin Harun - Judicial Commissioner, High Court of Ipoh 31. The Hon. Dato' Hajah Aliza binti Sulaiman - Judicial Commissioner, High Court of Kuala Lumpur 32. The Hon. Datuk Meor Hashimi bin Abdul Hamid - Judicial Commissioner, High Court of Klang

Adjudication of Habeas Corpus Cases and Amendment to Dangerous Drugs Act 1952 Seminar on 18 August 2018

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 34

7. “CRIMINAL LAW: EVIDENCE AND PROCEDURE”

The "Criminal Law: Evidence and Procedure" seminar was held from 21 to 22 September 2018 at the Conference Hall, Palace of Justice, Putrajaya. The objective of the seminar was to provide a complete understanding of some aspects of the law relating to evidence and criminal procedure in the expectation of improving decision-making skills and the quality of judgements.

A total of 23 participants attended the course consisting of 16 High Court Judges and seven (7) Judicial Commissioners. The facilitators for this course were The Rt. Hon Tan Sri Dato' Sri Ahmad bin Haji Maarop, President of the Court of Appeal; The Rt. Hon Tan Sri Zaharah bint Ibrahim, Chief Judge of the High Court in Malaya; The Hon. Tan Sri Dato' Sri Azahar bin Mohamed, Federal Court Judge who is also Chairman of the Judicial Training Committee, Judicial Academy and The Hon. Dato' Tengku Maimun binti Tuan Mat, Court of Appeal Judge.

The seminar began with the opening speech by The Rt. Hon. Tan Sri Dato' Sri Ahmad bin Haji Maarop, President of the Court of Appeal. In his speech, he stressed the importance of enhancing knowledge and legal skills in the aspects of criminal evidence and conduct, as well as the importance of continuous learning for judges in line with current developments and legal complexities.

This seminar was divided into three (3) sessions, namely an individual assignment presentation session, a group discussion session for case study and a session for group presentations. Each group was given four (4) case studies for discussion and presentation purposes.

"Criminal Law: Evidence and Procedure" Seminar Facilitators and Participants from 21 to 22 September 2018

JUDICIAL APPOINTMENTS COMMISSION JUDICIAL ACADEMY ANNUAL REPORT 2018 35

No. Title

1. Pre-Trial Process: Pre-Trial Conference, Case Management and Plea Bargaining: Section 172A, 172B, 172C of the Criminal Procedure Code by The Hon. Dato' Haji Ghazali bin Haji Cha

2. Section 51A of Criminal Procedure Code: Delivery of Certain Documents by The Hon. Dato' Zulkii bin Bakar

3. Proof by Written Statement (Section 402B of the Criminal Procedure Code) and Proof by Formal Admission (Section 402C of the Criminal Procedure Code) by The Hon. Dato' Ahmad bin Bache

4. Section 30 of the Court of Judicature Act: Reference of Constitutional Question by Subordinate Court by The Hon. Dato' Indera Haji Ab. Karim bin Haji Ab. Rahman

5. Application to Strike Out Charges Before Commencement of Trial by The Hon. Dato' Lee Heng Cheong

6. Fitness to Plead and Procedure in Cases of Person of Unsound Mind by The Hon. Dato' Mohd Yazid bin Haji Mustafa

7. Admissibility of Documentary Evidence by The Hon. Datuk Wong Kian Kheong

8. Section 90A of the Evidence Act 1950: Admissibility of Documents Produced by Computer by The Hon. Puan Noorin binti Badaruddin

9. Impeachment Proceedings by The Hon. Dato' Abu Bakar bin Jais

10. Section 133A of the Evidence Act 1950: Evidence of Child of Tender Years by The Hon. Dato' Sri Mariana binti Haji Yahya

11. Statements by Persons Who Cannot be Called as Witnesses : Section 32 of the Evidence Act 1950 by The Hon. Dato' Has Zanah binti Mehat

12. Section 425 of the Criminal Procedure Code, Evidence in Rebuttal by The Hon. Datuk Meor Hashimi bin Abdul Hamid

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 36

List of Participants

1. The Hon. Dato' Indera Haji Abd. Halim bin Aman - High Court Judge, Shah Alam

2. The Hon. Dato' Zulkii bin Bakar - High Court Judge, Shah Alam

3. The Hon. Dato' Haji Ghazali bin Haji Cha - High Court Judge, Alor Setar

4. The Hon. Dato' Sri Mariana binti Haji Yahya - High Court Judge, Kuantan

5. The Hon. Dato' Mohd Yazid bin Haji Mustafa - High Court Judge, Shah Alam

6. The Hon. Datuk Wira Halijah binti Abbas - High Court Judge, Muar

7. The Hon. Dato' Akhtar bin Tahir - High Court Judge, Penang

8. The Hon. Dato' Has Zanah binti Mehat - High Court Judge, Kuala Lumpur

9. The Hon. Dato' Lee Heng Cheong - High Court Judge, Sibu

10. The Hon. Dato' Mohd Zaki bin Abdul Wahab - High Court Judge, Kuala Lumpur

11. The Hon. Dato' Abu Bakar bin Jais - High Court Judge, Seremban

12 The Hon. Puan Noorin binti Badaruddin - High Court Judge, Kuala Lumpur

13. The Hon. Tuan Azhahari Kamal bin Ramli - High Court Judge, Kuching

14. The Hon. Dato' Indera Haji Ab. Karim bin Haji Ab. Rahman - High Court Judge, Shah Alam

15. The Hon. Datuk Wong Kian Kheong - High Court Judge, Shah Alam

16. The Hon. Dato' Ahmad bin Bache - High Court Judge, Kota Bharu

17. The Hon. Dato' Rozana binti Ali Yusoff - Judicial Commissioner, High Court of Kuala Lumpur 18. The Hon. Datin Zalita binti Dato' Haji Zaidan - Judicial Commissioner, High Court of Shah Alam

19. The Hon. Tuan Mohd Ivan bin Hussein - Judicial Commissioner, High Court of Johor Bahru

JUDICIAL APPOINTMENTS COMMISSION JUDICIAL ACADEMY ANNUAL REPORT 2018 37

List of Participants

20. The Hon. Dato' Ahmad Fairuz bin Zainol Abidin - Judicial Commissioner, High Court of Klang

21. The Hon. Dato' Mohd Radzi bin Harun - Judicial Commissioner, High Court of Ipoh

22. The Hon. Datuk Meor Hashimi bin Abdul Hamid - Judicial Commissioner, High Court of Klang

23. The Hon. Tuan Darryl Goon Siew Chye - Judicial Commissioner, High Court of Kuala Lumpur

Criminal Law: Evidence and Procedure Seminar Facilitators and Participants from 21 to 22 September 2018

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 38

8. “DAMAGES: TORT”

The "Damages: Tort" course was held from 20 to 21 October 2018 at The Everly Hotel, Putrajaya. It is the ninth training programme conducted by the Judicial Academy in 2018. The objective of the course was to develop participants' knowledge and skills in compensation assessing compensation for cases under the Law of Tort and subsequently the writing of judgments for those cases.

A total of 31 participants attended the course consisting of 14 High Court Judges and 17 Judicial Commissioners. The facilitators conducting the course were The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum, Chief Justice; The Hon. Dato' Abang Iskandar bin Abang Hashim, The Hon. Datuk Nallini Pathmanathan and The Hon. Datuk Vernon Ong Lam Kiat, all three (3) of whom are Court of Appeal judges. Also in attendance were The Rt. Hon. Tan Sri Zaharah binti Ibrahim; Chief Judge of the High Court in Malaya and The Hon. Tan Sri Dato' Sri Azahar bin Mohamed, Federal Court Judge who is also the Chairman of the Judicial Training Committee, Judicial Academy.

This course was divided into three (3) sessions, that are, an individual assignment presentation session, a group discussion session for case study and group presentation session. For the 'Damages: Tort' course, individual presentation topics were reduced to six (6) topics versus ten (10) topics in the previous series. The reduction of topics was aimed at giving more time to speakers and participants to interact and explore the topics presented.

Chief Justice and Participants at “Damages: Tort” Seminar from 20 to 21 October 2018

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List of Participants

1. The Hon. Dato' Mohamad Zabidin bin Mohd. Diah - High Court of Shah Alam

2. The Hon. Dato' Indera Mohd. Soan bin Tan Sri Abd. Razak - High Court of Kuala Lumpur

3. The Hon. Datuk Yew Jen Kie - High Court of Kuching

4. The Hon. Dato' Hadhariah binti Syed Ismail - High Court of Penang

5. The Hon. Puan Supang Lian - High Court of Kuching

6. The Hon. Tuan Ravinthran a/l N. Paramaguru - High Court of Kuching

7. The Hon. Dato' Rosilah binti Yop - High Court of Penang

8. The Hon. Datuk Vazeer Alam bin Mydin Meera - High Court of Shah Alam

9. The Hon. Tuan Gunalan a/l Muniandy - High Court of Shah Alam

10. The Hon. Dato' Lim Chong Fong - High Court of Kuala Lumpur

11. The Hon. Dato' Azmi bin Arifn - High Court of Shah Alam

12 The Hon. Puan S.M. Komathy a/p Suppiah - High Court of Shah Alam

13. The Hon. Dr. Choo Kah Sing - High Court of Johor Bahru

14. The Hon. Dr. Haji Alwi bin Haji Abdul Wahab - High Court of Tawau

15. The Hon. Dato' Hassan bin Abdul Ghani - Judicial Commissioner, High Court of Temerloh 16. The Hon. Puan Chan Jit Li - Judicial Commissioner, High Court of Alor Setar

17. The Hon. Tuan Muhammad Jamil bin Hussin - Judicial Commissioner, High Court of Seremban

18. The Hon. Puan Hayatul Akmal binti Abdul Aziz - Judicial Commissioner, High Court of Shah Alam

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 40

List of Participants

19. The Hon. Dato' Haji Mohamad Shariff bin Haji Abu Samah - Judicial Commissioner, High Court of Shah Alam 20. The Hon. Dato' Azmi bin Abdullah - Judicial Commissioner, High Court of Penang 21. The Hon. Puan Rohani binti Ismail - Judicial Commissioner, High Court of Kuala Lumpur 22. The Hon. Tuan Dean Wayne Daly - Judicial Commissioner, High Court of Miri

23. The Hon. Tuan Mat Ghani bin Abdullah - Judicial Commissioner, High Court of Johor Bahru 24. The Hon. Tuan Asmadi bin Husin - Judicial Commissioner, High Court of Taiping 25. The Hon. Dato' Ahmad Kamal bin Md. Shahid - Judicial Commissioner, High Court of Johor Bahru 26. The Hon. Tuan Anselm Charles Fernandis - Judicial Commissioner, High Court of Ipoh

27. The Hon. Tuan Mohd Ivan bin Hussein - Judicial Commissioner, High Court of Johor Bahru 28. The Hon. Dato' Ahmad Shahrir bin Mohd. Salleh - Judicial Commissioner, High Court of Penang

29. The Hon. Tuan Bexter Agas Michael - Judicial Commissioner, High Court of Miri 30. The Hon. Puan Celestina Stuel Galid - Judicial Commissioner, High Court of Kota Kinabalu 31. The Hon. Tuan Darryl Goon Siew Chye - Judicial Commissioner, High Court of Kuala Lumpur

“Damages: Tort” Seminar Facilitators and Participants from 20 to 21 October 2018

JUDICIAL APPOINTMENTS COMMISSION JUDICIAL ACADEMY ANNUAL REPORT 2018 41

No. Title

1. Assessment of Damages in Professional Negligence: Medical Profession by The Hon. Tuan Darryl Goon Siew Chye

2. Assessment of Damages in Professional Negligence: Legal Profession by The Hon. Dato' Vazeer Alam bin Mydin Meera

3. Assessment of Damages in Torts Causing Death: a) Custodial Deaths b) Statutory Measure of Damages c) Claims Surviving Death for the Benet of the Estate- S.8 Civil Law Act 1956 by The Hon. Datuk Yew Jen Kie

4. Assessment of Damages in Defamation Claims by The Hon. Tuan Ravinthran a/l N. Paramaguru

5. Assessment of Damages in TNB Cases by The Hon. Puan S.M. Komathy a/p Suppiah

6. Assessment of Damages in Tort Cases Involving Claims for Economic Loss by The Hon. Dr. Choo Kah Sing

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 42

9. “DAMAGES: CONTRACT ”

The "Damages: Contract" course was the last course organised by the Judicial Academy in 2018. The course was held from 31 November to 1 December 2018 at the Conference Hall, Palace of Justice, Putrajaya. The objective of the course was to develop and expand the participants' knowledge and skills in assessing compensation for contract-related cases.

A total of 24 participants attended the course consisting of 12 High Court Judges and 12 Judicial Commissioners. The facilitators for this were The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum, Chief Justice; The Hon. Dato' Abang Iskandar bin Abang Hashim and The Hon. Datuk Nallini Pathmanathan, Federal Court Judges and The Hon. Datuk Vernon Ong Lam Kiat, Court of Appeal Judges and were the same facilitators for the 'Damages: Tort' series of courses. Also in attendance were The Rt. Hon. Tan Sri Zaharah binti Ibrahim; Chief Judge of the High Court in Malaya and The Hon. Tan Sri Dato' Sri Azahar bin Mohamed, Federal Court Judge who is also Chairman of the Judicial Training Committee, Judicial Academy.

This course was divided into three (3) sessions, namely an individual assignment presentation session, a group discussion session for case study and a group presentation session. There were nine (9) individual presentation topics for this 'Damages: Contract' course. Each group was later given two (2) case studies for discussion and presentation purposes.

“Damages: Contract” Seminar Participants from 31 November to 1 December 2018

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No. Title

1. Basis on which the Measure of Damages is Granted (Expectation Interest, Reliance Interest, Restitution Interest, Wrotham Park Damages) by The Hon. Datuk Vazeer Alam bin Mydin Meera

2. Measure of Damages: Land and Property Transaction by The Hon. Dr. Choo Kah Sing

3. Measure of Damages: Banking Facility by The Hon. Dr. Haji Alwi bin Haji Abdul Wahab

4. Measure of Damages: Sales of Goods by The Hon. Puan S.M. Komathy a/p Suppiah

5. Measure of Damages: Professional Contract by The Hon. Tuan Darryl Goon Siew Chye 6. Damages for Inconveniences, Distress and Anxiety by The Hon. Tuan Gunalan a/l Muniandy

7. Section 66 of the Contract Acts and Restitutionary Damages by The Hon. Dato' Lim Chong Fong

8. Quantum Meruit by The Hon. Dato' Ahmad Kamal bin Md. Shahid

9. Liquidated and Ascertained Damages (LAD) and Penalty Clauses (S:75 of the Contract Act) by The Hon. Tuan Ravinthran a/l N. Paramaguru

“Damages: Contract” Seminar Participants from 31 November to 1 December 2018

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 44

List of Participants

1. The Hon. Dato' Indera Mohd. Soan bin Tan Sri Abd. Razak - High Court Judge, Kuala Lumpur

2. The Hon. Dato' Hadhariah binti Syed Ismail - High Court Judge, Penang

3. The Hon. Puan Supang Lian - High Court Judge, Kuching

4. The Hon. Tuan Ravinthran a/l N. Paramaguru - High Court Judge, Kuching

5. The Hon. Dato' Rosilah binti Yop - High Court Judge, Penang

6. The Hon. Datuk Vazeer Alam bin Mydin Meera - High Court Judge, Shah Alam

7. The Hon. Tuan Nantha Balan a/l E.S. Moorthy - High Court Judge, Kuala Lumpur

8. The Hon. Tuan Gunalan a/l Muniandy - High Court Judge, Shah Alam

9. The Hon. Dato' Lim Chong Fong - High Court Judge, Kuala Lumpur

10. The Hon. Puan S.M. Komathy a/p Suppiah - High Court Judge, Shah Alam

11. The Hon. Dr. Choo Kah Sing - High Court Judge, Johor Bahru

12. The Hon. Dr. Haji Alwi bin Haji Abdul Wahab - High Court Judge, Tawau

13. The Hon. Dato' Hassan bin Abdul Ghani - Judicial Commissioner, High Court of Temerloh

14. The Hon. Tuan Muhammad Jamil bin Hussin - Judicial Commissioner, High Court of Seremban

15. The Hon. Dato' Haji Mohamad Shariff bin Haji Abu Samah - Judicial Commissioner, High Court of Shah Alam

16. The Hon. Dato' Azmi bin Arifn - Judicial Commissioner, High Court of Penang

JUDICIAL APPOINTMENTS COMMISSION JUDICIAL ACADEMY ANNUAL REPORT 2018 45

List of Participants

17. The Hon. Puan Rohani binti Ismail - Judicial Commissioner, High Court of Kuala Lumpur

18. The Hon. Tuan Dean Wayne Daly - Judicial Commissioner, High Court of Miri

19. The Hon. Dato' Ahmad Kamal bin Md. Shahid - Judicial Commissioner, High Court of Johor Bahru

20. The Hon. Tuan Anselm Charles Fernandis - Judicial Commissioner, High Court of Ipoh

21. The Hon. Dato' Ahmad Shahrir bin Mohd. Salleh - Judicial Commissioner, High Court of Penang

22. The Hon. Puan Celestina Stuel Galid - Judicial Commissioner, High Court of Kota Kinabalu

23. The Hon. Puan Wong Chee Lin - Judicial Commissioner, High Court of Kuala Lumpur

24. The Hon. Tuan Darryl Goon Siew Chye - Judicial Commissioner, High Court of Kuala Lumpur

“Damages: Contract” Seminar Facilitators and Participants from 31 November to 1 December 2018

JUDICIAL APPOINTMENTS COMMISSION ANNUAL REPORT 2018 JUDICIAL ACADEMY 46

PUBLICATIONS DIVISION

The writing and publishing of legal journals is an initiative and ongoing effort undertaken by the Publications Division 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 6 : Members of the Publications Committee

Chairman The Hon. Tan Sri Idrus bin Harun Federal Court Judge

Members The Hon. Dato' Alizatul Khair binti Osman Khairuddin Federal Court Judge The Hon. Datuk Nallini Pathmanathan Federal Court Judge The Hon. Datuk Dr. Badariah binti Sahamid Court of Appeal Judge The Hon. Dato' Zabariah binti Mohd Yusof Court of Appeal Judge The Hon. Tuan Mohd Nazlan bin Mohd Ghazali High Court Judge, Kuala Lumpur

Secretariat Encik Wan Khairilanwar bin Wan Muhammad Secretary, Judicial Appointments Commission Puan Adibah Al-Husna binti Abdul Rahim Deputy Secretary, Judicial Appointments Commission Puan Suraiya binti Mustafa Kamal Judicial and Legal Ofcer Puan Azniza binti Mohd Ali Judicial and Legal Ofcer Puan Diana binti Md. Razali Judicial and Legal Ofcer Puan Low Wen Zhen Judicial and Legal Ofcer

Journal of the Malaysian Judiciary (JMJ) was published twice in 2018. First edition was published in January while second edition was published in July 2018.

JUDICIAL APPOINTMENTS COMMISSION JUDICIAL ACADEMY ANNUAL REPORT 2018 47

PUBLICATION OF THE JOURNAL OF THE MALAYSIAN JUDICIARY (JMJ)

List of articles for January 2018 edition: u “Royal Address by His Majesty Sultan Ibrahim Ibni Almarhum Sultan Iskandar, the Sultan of Johor, at the Opening Ceremony of the Muar Court Complex on Thursday, January 18, 2018 u “Shaping the Future of Arbitration in Malaysia” by The Rt. Hon. Tun Raus Sharif u “To Intervene or Not to Intervene” by The Hon. Dato' Mary Lim Thiam Suan u “Freedom of Contract and Legislative Intervention: Determining Common Properties in Strata Development” by The Hon. Dato' Vazeer Alam bin Mydin Meera u “Lifting of the Corporate Veil” by The Hon. Tuan Nantha Balan E. S. Moorthy u “Enforcement of Foreign Arbitral Awards” by The Hon. Tuan Azizul Azmi bin Adnan u “Cyber Defamation in Malaysia: An Overview” by The Hon. Tuan Mohamed Zaini bin Mazlan u “Skinning the Cat: Claims against Private Healthcare Providers” by David Pittaway QC u “The Business Judgment Rule: A Safe Harbour for Directors” by Assoc Professor Low Chee Keong and Low Tak Hay u “The Shine on Semenyih Jaya: Resurrecting Judicial Power” by Dato' Dr Gurdial Singh Nijar u “Of Public Interest, Freedom of Speech and the Law of Defamation” by The Hon. Tuan Darryl SC Goon

List of articles for July 2018 edition: u “Native Customary Laws and Rights in Sarawak: A Brief Insight” by The Hon. Dato' Abang Iskandar bin Abang Hashim u “The Illegality after Patel v Mirza {2016] UKSC 42: A Step Forward?” by The Hon. Datuk Harminder Singh Dhaliwal u “Becoming Hercules” oleh The Hon. Choo Han Teck u “The Malaysia Agreement: From A Legal Perspective” by Dato' Sri Fong Joo Chung u “The Companies Act 2016: A Year After – A Digest of Court Rulings” by The Hon. Tuan Mohd Nazlan bin Mohd Ghazali u “Anton Piller Order or Anton Pillage?” by The Hon. Datuk Wong Kian Kheong u “Back to the Future: The 2017 Amendments of Power to Divide Matrimonial Assets” by Profesor Leong Wai kum u “Indefeasibility of Title/Interests: Pre and Post – Tan Ying Hong” by Profesor Teo Keang Sood u “Purposive Approach and Extrinsic Material in Statutory Interpretation: Developments in Australia and Malaysia” by Dr Cheong May Fong u “Section 96 of the Courts of Judicature Act 1964” by Dato' Malik Imtiaz Sarwar

JUDICIAL APPOINTMENTS COMMISSION IMPROVING THE ADMINISTRATION OF JUSTICE

ANNUAL REPORT 2018 IMPROVING THE ADMINISTRATION OF JUSTICE 48

Programme between the Chief Juctice with High Court Judges and Judicial Commisioners

The Commission has conducted various inititives to empower and strengthen the Judiciary as well as to improve justice administration. One of the signicant programmes is scheduled monitoring programme with the judges. Programme between the Chief Justice with the High Court Judges and the Judicial Commisioners of Kuala Lumpur High Court was conducted on the 23 February 2018 at Banquet Hall, Palace of Justice. This programme was the continuation of the same programme conducted in 2017. This programme is a platform to monitor the progress of cases to ensure they can be solved well within the time frame given.

This programme was also attended by The Hon. Tan Sri Dato' Sri Azahar bin Mohamed and The Hon. Tan Sri Zaharah binti Ibrahim.

Programme between Chief Justice with the High Court Judges and the Judicial Commissioners of Kuala Lumpur High Court on 23 February 2018

JUDICIAL APPOINTMENTS COMMISSION

THE SECRETARIAT OF THE COMMISSION

ANNUAL REPORT 2018 THE SECRETARIAT OF THE COMMISSION 49

THE SECRETARIAT OF THE COMMISSION

The Secretariat of the Commission is led by a Secretary who is appointed by the Prime Minister under the subsection 19(1). The Secretary of the Commission is assisted by a Deputy Secretary and eleven (11) ofcers and staff from various grades and schemes. The Secretary of the Commission is YBrs. Encik Wan Khairilanwar bin Wan Muhammad, Administrative and Diplomatic Ofcer Premier Grade B.

The Secretariat is responsible in managing the Commission's activities and functions including managing selection for the appointment 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, being secretariat for Judicial Academy, conducting research related to superior court judges, collecting judges' performance statistics and managing application for Judicial Commissioner.

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

The Ofce of the Secretary of JAC’s Ofcers and Staff

Budget

For 2018, a total of RM2,464,000.00 has been approved for all activities and expenses conducted by the Commission including Emolument, Services and Supplies, Assets and Grants and Fixed Payment Charges.

JUDICIAL APPOINTMENTS COMMISSION