DOCSLIB.ORG

24 September 2014 | Wednesday

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
24 September 2014 | Wednesday DAY 1 | 24 September 2014 | Wednesday 07:30 - 09:00 Registration 09:00 - 09:15 Introduction 09:15 - 09:30 Welcome Address by Christopher Leong, President, Malaysian Bar 09:30 - 10:00 Opening Address by The Right Honourable Tun Arifin Zakaria, Chief Justice of Malaysia 10:00 - 11:00 Keynote Address: The Practice of Law: A Vocation Survives Amidst Globalisation Speaker: The Honourable Geoffrey Ma, GBM, Chief Justice of the Hong Kong Court of Final Appeal Moderator: Steven Thiru, Vice-President, Malaysian Bar; Partner, Shook Lin & Bok 11:00 - 11:30 Coffee Break | Taman Mahsuri 11:30 - 12:45 Plenary Session 1 | Taming Sari 1, 2 and 3 The Federal Constitution of Malaysia after 50 Years — What the Future Holds The Federal Constitution of Malaysia reached its half-century mark last year. What is in store for Malaysia in the future? Will we observe a continuing downward trend, particularly in terms of protection of fundamental liberties as enshrined in the Constitution, or are there signs of better and more progressive things to come? Fifty years on, how have the Courts in their decisions stayed true to their oath to “preserve, protect and defend its Constitution”? Speakers 1. Datuk Dr Cyrus Das, Partner, Shook Lin & Bok; Past President, Malaysian Bar 2. Tommy Thomas, Partner, Tommy Thomas 3. Dr Azmi Sharom, Associate Professor, Faculty of Law, University Malaya Moderator: Firdaus Husni, Advocate & Solicitor, Chooi & Co 12:45 - 13:30 Networking Lunch | Taman Mahsuri 13:30 - 14:45 Breakout Session 1 Stream A | Taming Sari 1 & 2 Stream B | Taming Sari 3 Stream C | Chulan View Litigation & Dispute Resolution Corporate & Commercial International Law & Public Interest Lifting the Corporate Veil: Maxim, The International Financial Wealth Protection and Preservation Mystery or Myth? Reporting Standards — Impact on Legal Advice The creation of wealth itself, especially The topic of lifting (or piercing) the new wealth, gives rise to many legal corporate veil is a vivid and much-used, The International Financial Reporting issues relating to trust, succession, but probably misleading, description of Standards (“IFRS”) is the de facto matrimonial disputes, family company situations in which the law looks behind world standard for accounting disputes and government intervention. the separate corporate personality to standards. It is also an important As the Asia-Pacific region continues see, to a greater or lesser extent, what framework used in deriving company to develop and generate new wealth is or has been going on behind it. It financial results and determines rapidly, these issues assume a is an issue that arises in many varied how merger and acquisition (“M&A”) greater importance. This session will contexts and jurisdictions. This session transactions involving corporate address these matters, as well as will explore recent cases in the United entities are structured. This talk will cultural, Syariah and cross-border Kingdom and other jurisdictions. explore the recent history of the IFRS considerations. and the key concepts underlying the Speakers accounting standards. The speakers Speakers 1. The Right Honourable Lord will also address the common 1. Eason Rajah QC Robert Walker of Gestingthorpe, accounting and financial issues that Barrister, Ten Old Square United Kingdom lawyers encounter and will have to Chambers, United Kingdom Retired Justice of the Supreme Court take into account when advising 2. Tim Cartwright, Director, of the United Kingdom clients on corporate transactions. Hawksford, United Kingdom 2. Lim Koon Huan, Partner, Skrine Speakers Moderator Moderator 1. Dato’ Mohammad Faiz Azmi George Pathmanathan The Honourable Justice Executive Chairman, PwC Consultant, Naqiz & Partners Dato’ Mary Lim Thiam Suan Malaysia Judge, High Court of Malaya 2. Dato’ Dr Nik Norzrul Thani Nik Hassan Thani Dr Josh Wilson SC Senior Partner, Zaid Ibrahim & Co Owen Dixon Chambers West, Australia 3. Dato’ Azmi Mohd Ali (unable to attend; paper only) Partner, Azmi & Associates Moderator Gunasegaran Singaravelu Partner, John Ang & Guna 15:00 - 16:15 Breakout Session 2 Stream A | Taming Sari 3 Stream B | Taming Sari 1 & 2 Stream C | Chulan View Litigation & Dispute Resolution Corporate & Commercial International Law & Public Interest Directors’ Duties and Commercial GST and the Legal Profession — Environmental Law: Private Risk-Taking What You Need to Know Law Remedies and the Role of Government in Enhancing This session will address the general The state of GST-preparedness is a Environmental Protection and duties of directors in respect of current concern among Malaysian Management commercial undertakings and risk- businesses in light of the GST taking, and explore the evolving nature implementation date of 1 Apr 2015. This session will address the of such duties when a company This fiscal initiative is expected to increasing need for diligence and is at the onset of insolvency. It will significantly influence the way firms legal recourse by private individuals also consider whether there ought and businesses, large or small, in relation to environmental issues to be reforms to our current laws manage their processes and operate and also the role of government in and corporate legislation in light of in the country. This session will focus relation to environmental protection commercial realities. Recent cases on the top considerations of GST and management. Colin McCaul QC and developments in the law will be as it impacts the legal profession will deal with the latest developments highlighted. and businesses, and will include in private law remedies in the United the sharing of experience of GST Kingdom. YB Elizabeth Wong will Joint Session with the Australian Bar and the law by an expert from address the role of the Government Association Australia, top five significant impacts and the need for proactive and of GST specifically for the property constructive legislative initiatives and development and construction reform to ensure proper protection and industry in Malaysia, as well as the management of environmental issues legal appeal process of GST. in Malaysia. Speakers 1. Saheran Suhendran Session Sponsor: Speakers Partner, Kadir Andri & Partners BDO Malaysia 1. Colin McCaul QC 2. Mark Livesey QC, President, Barrister, Thirty Nine Essex Street Australian Bar Association Chambers, United Kingdom 3. YM Tunku Dato’ Mahmood 2. YB Elizabeth Wong Keat Ping Fawzy Tunku Muhiyiddin Member, Selangor State Legislative Independent Director in several Speakers Assembly for Bukit Lanjan companies 1. Ng Swee Weng, Senior Advisor, Accounting & GST, BDO Malaysia Moderator Moderator 2. Jeff O’Connell Roger Chan Weng Keng, Partner, Robert Low Executive Director, Tax & GST, Chan Weng Keng & Associates Partner, Ranjit Ooi & Robert Low BDO Malaysia 3. S Saravana Kumar, Partner, Tax, GST & Private Clients Lee Hishamuddin Allen & Gledhill Moderator Datuk DP Naban Senior Partner and Head of Tax, GST & Private Clients, Lee Hishamuddin Allen & Gledhill 16:15 - 16:45 Coffee Break | Taman Mahsuri 16:45 - 17:00 Arrival of Guests for 3rd Raja Aziz Addruse Memorial Lecture 17:00 - 18:00 3rd Raja Aziz Addruse Memorial Lecture Inspirations from Raja Aziz Addruse: Morality and the Rule of Law YAM Tunku Zain Al-‘Abidin ibni Tuanku Muhriz Founding President, Institute for Democracy and Economic Affairs (“IDEAS”) 18:15 WELCOME COCKTAIL RECEPTION DAY 2 | 25 September 2014 | Thursday 09:00 - 10:15 Breakout Session 3 Stream A | Tun Sri Lanang 1 & 2 Stream B | Taming Sari 1 & 2 Stream C | Taming Sari 3 Litigation & Dispute Resolution Corporate & Commercial International Law & Public Interest Fair and Efficient Disposal of Legal Embracing the Age of Personal Protecting the Deal: Mergers and Proceedings Data Protection Acquisitions — The Risks Involved and Strategies to Mitigate and A forum-styled discussion in which This session will involve a discussion Insure Against Risks speakers from the Judiciary and on issues and experiences with the the Malaysian Bar will address the Personal Data Protection Act 2010 Merger and acquisition (“M&A”) lawyers key developments implemented by (“PDPA”). Tackling both viewpoints in Malaysia are increasingly acting for the Judiciary towards achieving the — pre- and post-compliance — this both private and corporate acquirers objective of fair and efficient disposal session sees experienced data that are looking for new growth of legal proceedings. The speakers protection practitioners addressing areas in unfamiliar sectors and new will discuss the effectiveness of these issues that are pertinent to moving territories. These acquisitions bring with measures, and further measures that forward with PDPA compliance. It them new risks and many entities are are likely to enhance the efficiency of will deal not just with the intricacies interested in new ways to limit their risk disposal of legal proceedings with due of compliance, but also the handling exposures. The use of M&A insurance regard to the interests of all parties. of complaints, dealing with the wide is proving to be an invaluable tool to powers of the Commissioner, and closing deals successfully, mitigating Speakers a global analysis of enforcement a number of transaction risks and 1. The Honourable Justice regimes. providing an alternative solution for Dato’ Azahar Mohamed some of the more difficult areas of Judge, Court of Appeal Session Sponsor: negotiating a successful deal. 2. The Honourable Justice Lee Hishammuddin Allen & Gledhill Vernon Ong Lam Kiat This interactive session will address
Load more

Recommended publications
  • Court-Annexed Mediation Practice in Malaysia: What the Future Holds
    ARTICLES & ESSAYS DOI 10.6092/issn.2531-6133/6751 Court-Annexed Mediation Practice in Malaysia: What the Future Holds † CHOONG YEOW CHOY & TIE FATT HEE & CHRISTINA OOI SU SIANG TABLE OF CONTENTS: 1. Introduction; 2. Court-Annexed Mediation – The Motivations and the Mechanism of the Programme; 3. Provisions on Court-Annexed Mediation; 4. Practice Direction No. 5 of 2010 (Practice Direction on Mediation); 5. Rules for Court Assisted Mediation; 6. The Mediation Act 2012; 7. Role of the Courts and Judiciary in Court-Annexed Mediation; 8. Overcoming the Challenges; 9. What the Future Holds; 10. Conclusion. ABSTRACT: It is an indubitable fact that the use of mediation as a form of dispute resolution has gained traction across the globe. More importantly, the practice of mediation has also been transformed through the establishment of several techniques for formalized mediation. This article will provide insights into one of these avenues for formalised mediation, namely, court-annexed mediation practice in Malaysia. It will first discuss the motivations that led to the introduction of such a programme. This will be followed by an analysis of the operational aspects of the practice. A matter of utmost importance concerns the role of the courts and the judiciary in court- annexed mediation and will be considered in great detail. This article will then offer suggestions on how some of the challenges that exist and are inherent in this particular method of formalised mediation could be overcome. These views are expressed with the hope that court-annexed mediation can function as an effective alternative dispute resolution mechanism under the umbrella of the Malaysian courts.
    [Show full text]
  • 1988 Crisis: Salleh Shot Himself in the Foot? Malaysiakini.Com Apr 23, 2008 P Suppiah
    1988 crisis: Salleh shot himself in the foot? Malaysiakini.com Apr 23, 2008 P Suppiah The personalities involved in the entire episode are as follows: * The then Yang Di Pertuan Agong (the King), now the Sultan of Johor * Tun Salleh Abas, who was then the Lord President * The prime minister (Tun Dr Mahathir Mohamad, who was then Datuk Seri Dr), * The then attorney-general, Tan Sri Abu Talib Othman, now Suhakam chief. The whole episode started with Salleh writing a letter to the King dated March 26, 1988, copies of which were sent to the Malay rulers. On May 27, 1988 the prime minister in the presence of high-ranking government officials informed Salleh that the King wished him to step down (to retire as Lord President) because of the said letter. Salleh on May 28, 1988 sent a letter of resignation: the next day he withdrew it and subsequently held a press conference. On June 9, 1988 the prime minister made a second representation to the King alleging further misconduct on the part of Salleh based on his undignified use of the press to vent his grievances – such as requesting for a public hearing of the tribunal and asking for persons of high judicial standing to sit on the tribunal. On June 11, 1988, members of the tribunal were appointed pursuant to the Federal Constitution by the King. On June 14, 1988, Salleh was served with the list of charges against him. On June 17, 1988, Salleh was served with a set of rules to govern the tribunal procedure.
    [Show full text]
  • AI Sentencing in Sabah and Sarawak
    Artificial Intelligence in the Courts: AI sentencing in Sabah and Sarawak VIEWS 40/20 | 18 August 2020 | Claire Lim and Rachel Gong Views are short opinion pieces by the author(s) to encourage the exchange of ideas on current issues. They may not necessarily represent the official views of KRI. All errors remain the authors’ own. This view was prepared by Claire Lim and Rachel Gong, a researcher from the Khazanah Research Institute (KRI). The authors are grateful for valuable input and comments from Aidonna Jan Ayub, Ong Kar Jin, and representatives of the courts of Sabah and Sarawak and SAINS. Corresponding author’s email address: [email protected] Introduction Attribution – Please cite the work as The Covid-19 pandemic has accelerated the need for many follows: Lim, Claire and Rachel Gong. 2020. Artificial Intelligence in the Courts: industries to undertake digital transformation. Even the AI Sentencing in Sabah and Sarawak. traditionally conservative judicial system has embraced Kuala Lumpur: Khazanah Research this ‘new normal’, for example, by holding court trials Institute. License: Creative Commons Attribution CC BY 3.0. online1. However, adapting to technological change is not foreign to the Malaysian judiciary. Earlier this year, even Translations – If you create a translation before the pandemic forced industries to embrace digital of this work, please add the following disclaimer along with the attribution: This transformation, the Sabah and Sarawak courts launched a translation was not created by Khazanah pilot artificial intelligence (AI) tool2 as a guide to help judges Research Institute and should not be considered an official Khazanah with sentencing decisions.
    [Show full text]
  • Ong Boon Hua @ Chin Peng & Anor V. Menteri Hal Ehwal Dalam Negri
    The Malaysian Bar Ong Boon Hua @ Chin Peng & Anor v. Menteri Hal Ehwal Dalam Negri, Malaysia & Ors 2008 [CA] Friday, 20 June 2008 09:11PM ONG BOON HUA @ CHIN PENG & ANOR V. MENTERI HAL EHWAL DALAM NEGERI, MALAYSIA & ORS COURT OF APPEAL, PUTRAJAYA [CIVIL APPEAL NO: W-01-87-2007] LOW HOP BING JCA; ABDUL MALIK ISHAK JCA; SULAIMAN DAUD JCA 15 MAY 2008 JUDGMENT Abdul Malik Ishak JCA: The Background Facts 1. Cessation of armed activities between the Government of Malaysia and the Communist Party of Malaya was a welcome news for all Malaysians. It became a reality on 2 December 1989. On that date, an agreement was entered between the Government of Malaysia (the fourth respondent/defendant) and the Communist Party of Malaya (the second appellant/applicant) to terminate armed hostilities between the parties (hereinafter referred to as the "agreement"). With the signing of the agreement, armed hostilities between the parties ended and peace prevailed. The terms of the agreement can be seen at p. 235 of the appeal record at Jilid 1 (hereinafter referred to as "ARJ1"). There were four articles to that agreement and the relevant ones read as follows: Article 3 - Residence In Malaysia 3.1 Members of the Communist Party of Malaya and members of its disbanded armed units, who are of Malaysian origin and who wish to settle down in Malaysia, shall be allowed to do so in accordance with the laws of Malaysia. 3.2 Members of the Communist Party of Malaya and members of its disbanded armed units, who are not of Malaysian origin, may be allowed to settle down in MALAYSIA in accordance with the laws of MALAYSIA, if they so desire.
    [Show full text]
  • ANNUAL REPORT 2018 ANNUAL REPORT 2018 CONTENTS I
    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 High Court 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 Malaysia, 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.
    [Show full text]
  • Court Allows Attorney-General to Lead Prosecution Team
    08 FEB 1999 Court-Anwar (Attorney-General) COURT ALLOWS ATTORNEY-GENERAL TO LEAD PROSECUTION TEAM KUALA LUMPUR, Feb 8 (Bernama) -- Attorney-General Tan Sri Mohtar Abdullah was today allowed by the High Court here to lead the prosecution team in Datuk Seri Anwar Ibrahim's corruption trial which has entered the defence stage. Justice Datuk S. Augustine Paul, in his ruling, said in law, the attorney-general could conduct any case and no court could question his exercise of discretion to conduct cases. He made the ruling after Anwar's leading counsel Raja Aziz Addruse objected to Mohtar's appearence together with six others including Senior Deputy Public Prosecutors Datuk Abdul Gani Patail and Azahar Mohamed. Mohtar was one of the witnesses listed and offered to the defence together with Prime Minister Datuk Seri Dr Mahathir Mohamad, Tun Daim Zainuddin dan Datuk Seri Megat Junid Megat Ayob. The attorney-general, who was not required by the defence as its witness, arrived at the courtroom at 8.45am. When the court sat at 9am, he informed the court that he, as the attorney-general, would lead the prosecution team at that stage. It was Mohtar's second appearence in the trial. On Nov 30, last year, he led the prosecution team in the contempt proceedings against Zainur Zakaria, one of Anwar's nine lawyers. Anwar, 51, who was dismissed from the Cabinet on Sept 2, last year, entered his defence on four charges of corrupt practice on the 51st day of trial today. He was ordered to enter his defence on charges of using his position to interfere in police investigations into allegations of sexual misconduct against him.
    [Show full text]
  • Anwar Confided with Igp on His Differences with Pm, Court Told
    10 FEB 1999 Court-Anwar (Meeting) ANWAR CONFIDED WITH IGP ON HIS DIFFERENCES WITH PM, COURT TOLD KUALA LUMPUR, Feb 10 (Bernama) -- Datuk Seri Anwar Ibrahim told the High Court here today that he had confided with the then Inspector-General of Police, Tan Sri Abdul Rahim Noor, on the "major political differences" between him and the prime minister. He described the meeting, held sometime in early August last year, as "very critical" and that he was "very frank and open" in his discussion with Rahim. "That meeting to my mind was very critical because after sometime I was very frank and open with him. I said yes, I do have major political diferences with the PM," he said. Anwar was making his defence on four counts of corrupt practice that he used his position as deputy prime minister and finance minister to interfere in police investigations into allegations of sexual misconduct against him. Today is the third day of his testimony under oath on the 53rd day of the trial before Justice Datuk S. Augustine Paul. Anwar, 51, was dismissed from his cabinet posts on Sept 2 last year. To a question by his leading counsel, Raja Aziz Addruse, Anwar said he made the admission when he was alone with Rahim in his office in the Prime Minister's Department. Deputy IGP Tan Sri Norian Mai and CID Director Datuk Yaakub Amin had earlier left the meeting, the second he had held with Rahim and senior police offices regarding the case, Anwar said. The first meeting took place in June at his official residence, also attended by Norian and two other officers.
    [Show full text]
  • DR LOURDES DAVA RAJ CURUZ DURAI RAJ V. DR MILTON LUM SIEW WAH & ANOR
    JE34/2020 10 September 2020 Dr Lourdes Dava Raj Curuz Durai Raj [2020] 5 MLRA v. Dr Milton Lum Siew Wah & Anor 333 DR LOURDES DAVA RAJ CURUZ DURAI RAJ v. DR MILTON LUM SIEW WAH & ANOR Federal Court, Putrajaya Tengku Maimun Tuan Mat CJ, Rohana Yusuf PCA, Azahar Mohamed CJM, David Wong Dak Wah CJSS, Nallini Pathmanthan FCJ [Civil Appeal No: 02(i)-118-12-2018(W)] 29 July 2020 Administrative Law: Judicial review — Judicial review proceedings — Rules of natural justice — Adverse order made against person directly affected who was deprived of his right to be heard — Whether rules of natural justice breached — Whether order a nullity and ought to be set aside — Whether principle in Hong Leong Bank Bhd v. Staghorn Sdn Bhd & Other Appeals applied — Rules of Court 2012, O 15 r 6, O 53 r 4(2) The appellant (‘Dr Lourdes’) was, at the material time, the Chief Medical Service Officer and person in charge of Assunta Hospital. The 1st respondent (‘Dr Milton’) was then a Visiting Consultant Obstetrician & Gynaecologist at the same hospital while the 2nd respondent was the Malaysian Medical Council (‘MMC’). Pursuant to a complaint by Dr Milton, the MMC charged Dr Lourdes with infamous conduct in a professional respect. An inquiry was carried out and, by a majority, the MMC found that Dr Lourdes had no case to answer. Dr Milton was dissatisfied with the outcome of the inquiry and proceeded to institute judicial review proceedings for an order of certiorari against the MMC’s majority decision. Dr Milton additionally sought a declaration that Dr Lourdes was guilty of the charge against him and that the MMC be ordered to hear his plea in mitigation and for the imposition of an appropriate sentence.
    [Show full text]
  • Laporan Tahunan 2019 Suruhanjaya Pelantikan Kehakiman
    SURUHANJAYA PELANTIKAN KEHAKIMAN LAPORAN TAHUNAN 2019 SURUHANJAYA PELANTIKAN KEHAKIMAN KANDUNGAN PRAKATA PENGERUSI 1 RINGKASAN EKSEKUTIF 3 LATAR BELAKANG 5 MESYUARAT 9 PELANTIKAN HAKIM 13 AKADEMI KEHAKIMAN 21 URUS SETIA 46 SURUHANJAYA PELANTIKAN KEHAKIMAN PRAKATA PENGERUSI SURUHANJAYA PELANTIKAN KEHAKIMAN PRAKATA PENGERUSI Bismillahirrahmanirrahim. Assalamualaikum Warahmatullahi Wabarakatuh. Kebebasan Institusi Kehakiman adalah asas kepada setiap sistem undang-undang di dunia, termasuk Malaysia. Justeru, proses yang mana Hakim dilantik hendaklah bersih, telus dan bertanggungjawab. Ini adalah antara alasan utama Suruhanjaya Pelantikan Kehakiman (Suruhanjaya) ditubuhkan; iaitu untuk mengukuhkan dan meningkatkan integriti institusi kehakiman dan memenuhi kehendak dan aspirasi rakyat untuk melihat ketelusan dan keadilan dalam sistem kehakiman Malaysia dipatuhi. Pembentangan Laporan Tahunan Suruhanjaya Pelantikan Kehakiman ini bukanlah sekadar memenuhi kehendak seksyen 31 Akta Suruhanjaya Pelantikan Kehakiman (Akta 695) tetapi untuk menunjukkan bahawa dalam menjalankan fungsi-fungsi statutorinya, Suruhanjaya ini mendukung kebebasan berterusan institusi kehakiman dan secara lanjutan, prinsip the rule of law. Dengan itu, saya dengan sukacitanya mengalu-alukan pembentangan Laporan Tahunan Suruhanjaya Pelantikan Kehakiman Tahun 2019. Semua pemegang taruh/ pihak yang berkepentingan termasuk hakim, pegawai kehakiman dan perundangan, pengamal undang-undang dan orang awam boleh melihat daripada Laporan Tahunan Suruhanjaya Pelantikan Kehakiman Tahun
    [Show full text]
  • In the Federal Court of Malaysia (Appellate Jurisdiction) Criminal Appeal No. 05-94-05/2017(B) Between Alma Nudo Atenza [No
    IN THE FEDERAL COURT OF MALAYSIA (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 05-94-05/2017(B) BETWEEN ALMA NUDO ATENZA [NO. PP: EB 920334] … APPELLANT AND PUBLIC PROSECUTOR … RESPONDENT [In The Court Of Appeal Malaysia Criminal Appeal No. B-05(M)-132-04/2016 (PHL) Between Alma Nudo Atienza … Appellant [Passport No. EB9203346) And Public Prosecutor … Respondent] HEARD TOGETHER WITH IN THE FEDERAL COURT OF MALAYSIA (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 05-193-08/2017(W) BETWEEN ORATHAI PROMMATAT (PASSPORT NO.: AA 3289996) … APPELLANT AND PUBLIC PROSECUTOR … RESPONDENT 1 [In The Court of Appeal Malaysia Criminal Appeal No. W-05(M)-389-10/2016 Between Orathai Prommatat … Appellant And Public Prosecutor … Respondent] Coram: Richard Malanjum, CJ David Wong Dak Wah, CJSS Ramly Bin Haji Ali, FCJ Balia Yusof Bin Haji Wahi, FCJ Alizatul Khair Binti Osman Khairuddin, FCJ Rohana Binti Yusuf, FCJ Tengku Maimun Binti Tuan Mat, FCJ Abang Iskandar Bin Abang Hashim, FCJ Nallini Pathmanathan, FCJ JUDGMENT OF THE COURT INTRODUCTION 1. The common and central issue in the present appeals is on the constitutional validity of section 37A of the Dangerous Drugs Act 1952 (“DDA”), with reference to Articles 5, 8, and 121 of the Federal Constitution (“FC”). 2 2. Each of the Appellants in these two appeals was charged before and convicted by two different trial Judges for drug trafficking under section 39B of the DDA. However, since both appeals were premised on one common and crucial issue we proceeded to hear them together while conscious of the fact that on merits these two appeals might differ.
    [Show full text]
  • Government of State of Sarawak.Pmd
    Government Of The State Of Sarawak & Anor v. Chong Chieng Jen 1 A GOVERNMENT OF THE STATE OF SARAWAK & ANOR v. CHONG CHIENG JEN COURT OF APPEAL, PUTRAJAYA DAVID WONG DAK WAH JCA ABDUL RAHMAN SEBLI JCA B ZAMANI A RAHIM JCA [CIVIL APPEAL NO: Q-01-210-06-2014] 7 APRIL 2016 TORT: Defamation – Allegation of mismanagement of State’s financial affairs – C Suit by State Government and State Financial Authority – Whether parties lacked locus to maintain action for defamation – Whether common law principle propounded in Derbyshire County Council v. Times Newspapers Ltd (Derbyshire principle) applicable – Whether proceedings by or against Government regulated by statute – Whether s. 3 Government Proceedings Act 1956 allows Government to sue D for defamation by way of civil action – Whether a statutory right – Whether Derbyshire principle consistent with art. 10(1) Federal Constitution – Civil Law Act 1956, s. 3(1) – Chung Khiaw Bank Ltd v. Hotel Rasa Sayang Sdn Bhd CIVIL PROCEDURE: Action – Government proceedings – Defamation – Allegation of mismanagement of State’s financial affairs – Suit by State Government E and State Financial Authority – Whether parties lacked locus to maintain action for defamation – Whether common law principle propounded in Derbyshire County Council v. Times Newspapers Ltd (Derbyshire principle) applicable – Whether proceedings by or against Government regulated by statute – Whether s. 3 Government Proceedings Act 1956 allows Government to sue for defamation by way F of civil action – Whether a statutory right – Whether Derbyshire principle consistent with art. 10(1) Federal Constitution – Civil Law Act 1956, s. 3(1) – Chung Khiaw Bank Ltd v. Hotel Rasa Sayang Sdn Bhd & Anor WORDS & PHRASES: ‘other provision’ – Civil Law Act 1956, s.
    [Show full text]
  • Primary Sources
    It is not good enough to say, in declining jurisdiction, that allowing a Muslim to come out of Islam would "create chaos and confusion" or would "threaten public order". Those are not acceptable reasons. The civil courts have the jurisdiction to interpret New Straits Times (Malaysia) April 27, 2008 the Constitution and protect the fundamental liberties, including the right to freedom of religion under Article 11. Let's have certainty in this law That jurisdiction cannot be taken away by inference or implication, as seems to be the argument, but by an express enactment Raja Aziz Addruse (Former President of Bar Council and National Human Rights Council (Hakam)) which says that it is the intention of parliament to deprive the courts of their jurisdiction. The Kamariah case also highlights other aspects of our justice system. When she was convicted of apostasy, the syariah court judge had deferred her sentencing to KAMARIAH Ali, one of the followers of the Sky Kingdom sect led by Ayah Pin, was convicted of apostasy by the Terengganu March 3 to give her a chance to show that she had repented. In sentencing her to prison for two years, the judge said that he was Syariah Court on Feb 17, 2008. Her long and futile legal struggle highlights the need to seriously address the constitutional not convinced that she had repented because she had failed to respond when he greeted her with Assalamualaikum at the start of issue of the right of Muslims to freedom of religion. the court proceedings. The picture of a lonely woman who has been ostracised from society, being continually harassed to repent, offends our sense of justice and fair play.
    [Show full text]