Go Forth and Conquer

Apr-June 2013 www.malaysianbar.org.my

Chronicle of the Malaysian Bar

PLUS MB Lifetime Achievement Award 2013 Federal Court Lifts Bankrupts’ Burden Drumming the Point In

In collaboration with

For Malaysian Bar circulation only HOND-1211-001-CRA-020•Praxis.indd 1 18/03/13 3:50 PM Contents

Contents PRAXIS CHRONICLE OF THE MALAYSIAN BAR President’s Message Editorial Features/Articles 6 The Extent of the Applicability of a Restriction in Interest to the Devolution Process for Immovable Properties 14 CPD Matters BAR COUNCIL MALAYSIA 16 Citation for Peter Mooney, Recipient of the Malaysian Bar Lifetime Achievement Award 2013 BAR COUNCIL 15 Leboh Pasar Besar 18 Opening Speech by Lim Chee Wee, President, Malaysian Bar, 50050 Kuala Lumpur Tel No: (603) 2050 2050 at the Seminar Entitled “The Struggles of the Orang Asli Fax No: (603) 2026 1313 / (603) 2034 2825 / (603) 2072 5818 Email: [email protected] and Other Minorities in Malaysia” Website: http://www.malaysianbar.org.my 20 Human Writes: Climate Change

MEMBERS OF BAR COUNCIL MALAYSIA 2012/2013 24 Cross Border Transaction in Islamic Finance: Standardisation

EDITORIAL BOARD 2013 Events

Bar Council LexisNexis Syamsuriatina Ishak & Raphael Tay Ivan Yap Min Kee – Associate Director, Lifestyle – Editors-in-Chief Contract Publishing Chua Ai Lin – Senior Editor Annie Yeoh – Associate Editor 42 Advertorial – Vega Residensi 1 Joe Chin – Editor Chandranie – Editor Nishta Jiwa & Sangheetha Kuppusamy Ryan Yee – Design & Production 44 Advertorial – Peugeot 408 – Marketing & Advertising Hasnizam Mohamad – Marketing & Advertising Aston Paiva, David Mathew, Janet Chai, 46 Susan Joseph & Selva Balan Sinnan — Drumming the Point In KS Shasha & Noor Arianti Osman – Editing Team 50 Advertorial – Car Review: Pajero Sport VGT Sports State Bar News

LexisNexis Malaysia Sdn Bhd By the Way ... T1-6, Jaya 33, 3, Jalan Semangat Seksyen 13, 46100 Petaling Jaya Selangor Darul Ehsan, Malaysia 66 Dear El Pee See… Tel: (603) 7882 3500, Fax: (603) 7882 3506

Praxis is the official publication of Bar Council Malaysia, published quarterly in collaboration Appointments with LexisNexis Malaysia Sdn Bhd, for circulation to Members of the Malaysian Bar. Bar Updates/Notices Bar Council Malaysia, and its authorised authors and designers of Praxis, accept no liability for any loss arising from the use of, or reliance on, Praxis. Bar Council Malaysia does not warrant the accuracy of the contents thereof or any statement made by the contributors, writers or advertisers herein, 70 New Admissions to the Malaysian Bar and does not accept responsibility or liability in relation thereto. Statements of contributors, writers or advertisers herein represent their personal views and do not necessarily reflect the views of Bar 73 Summary of Circulars Council or the Malaysian Bar. All users are permitted to view the content of Praxis, without prejudice 74 General Information on Matters Discussed at to the intellectual property rights belonging to Bar Council Malaysia. However, any unauthorised reproduction, duplication, transmission or alteration, in any form or by any means, whether in part or Bar Council Meetings in whole, of Praxis, is strictly prohibited. Bar Council Malaysia also prohibits the use of Praxis and all or any of its contents herein, for commercial and/or personal gain, profit or sale. 75 Library Updates – Legislation

Enquiries on advertising: 84 Disciplinary Orders Hasnizam Mohamad — [email protected] Nishta Jiwa — [email protected]

Article contribution:

Bar Council Malaysia welcomes letters, articles, views and news (including photographs) for possible inclusion in Praxis. However, Bar Council Malaysia reserves the right not to publish or to edit those published for content, clarity, style and space considerations. Contributions and enquiries may be directed to [email protected].

Circulation: 15,000

Printed in Malaysia by Vivar Printing Sdn Bhd (125107-D) Cover photo credit: Lot 25 & 27 Rawang Integrated industrial Park Vilashini Vijayan 48000 Rawang, Selangor Darul Ehsan, Malaysia Tel: (603) 6092 7818, Fax: (603) 6092 8230

Praxis Apr-June 2013 1 President’s Message

The Bar Continues to Forge Ahead

Dear fellow Members of the bodies, diplomatic Malaysian Bar, corps, members of the public, our brothers It has been about two months and sisters in the Sabah now since I began my tenure as Law Association and President of the Malaysian Bar. I Advocates’ Association of am humbled by and yet proud of Sarawak, and our friends this honour and privilege granted in the various other to me to serve the Malaysian Bar. national and international bar associations and law In the relatively short period since societies. I assumed office we have had to deal with matters internal to the It is important that Bar as well as address issues of we continue with public interest. I am mindful of such engagement and the many challenges that we cooperation to achieve face and the responsibilities of common objectives this office and of the Malaysian and goals for the Bar. These are responsibilities furtherance of the rule and challenges that I readily of law, administration take on, and which we, as the of justice, and good Malaysian Bar, should by now governance. In building be accustomed to undertaking relationships, it is normal and facing. In this regard, I am to encounter differences reminded of the citation by the and disagreements. While United Nations for the Malaysian such disagreements may sometimes be in Bar, for the United Nations Malaysia We have a proud tradition of being a strong terms, and harsh words exchanged, “Organization of the Year 2012” Award strong and independent Bar. Our strength this must not be seen to negate the value on 24 Oct 2012, as follows: and independence do not arise from any of that relationship, the importance of physical attribute or numerical advantage, continuing engagement and cooperation, Throughout its 66-year existence, the but rather from an indomitable will, and of building upon commonalities. In Malaysian Bar has admirably fulfilled steadfast belief in the rule of law, and the words of Mahatma Gandhi, “Honest its role as guardian of the rule of law, our unhesitating response to a call to disagreement is often a good sign of and defender of human rights and duty. The strength and standing of the progress.” the public interest, in Malaysia. The Bar in Malaysia today are testament to Malaysian public has come to know the efforts of so many of our Members In this first message from me in Praxis, I it and look towards it for guidance on who have served on the Bar Council and wish to report on a few events as follows: what the law is, what the law should its committees, to the tireless work of our be, and what the law must never be. Secretariat staff, to the general support Events in Lahad Datu of Members for our initiatives, and to the As a statutory body set up under leadership of our previous Presidents. Earlier this year, on or about 9 Feb 2013, the Legal Profession Act 1976, the violence erupted in Sabah when there was Malaysian Bar is tasked to “uphold the The work of the Malaysian Bar is also an armed intrusion by foreign elements in cause of justice without regard to its enhanced by the mutual engagement and the areas of Lahad Datu and Semporna. own interests or that of its Members, cooperation with the Judiciary, Attorney The armed intruders were reported to be uninfluenced by fear or favour”, General’s Chambers, enforcement followers of the self-styled Sulu Sultan and to “protect and assist the public agencies such as the Royal Malaysia Jamalul Kiram III. The group ultimately in all matters touching ancillary or Police and the Malaysian Anti-Corruption numbered over 230 persons. incidental to the law”. The Malaysian Commission, Government and its various Bar has been exemplary in discharging ministries, Parliament, non-governmental A standoff ensued up until early March its responsibilities. organisations, various other professional 2013, when the Malaysian authorities

2 Praxis Apr-June 2013 President’s Message

launched an assault to eject the intruders. roll. While I will not comment on the Continuing Professional Development Ten members of our security forces (eight merits of any cases filed, such cases bring police officers and two soldiers) were killed to the fore the problem created by section The upcoming term will also see in the course of duty. The Malaysian Bar 9A of the Elections Act 1958, which continuing efforts to raise standards at is deeply saddened by their deaths, and prohibits judicial scrutiny of the gazetted the Bar. The two-day Advocacy Training salutes our fallen heroes who have paid the electoral roll. Section 9A was introduced Course continues to be popular under the highest price in defence of our nation and as a reaction to the High Court’s 2001 capable management of Brendan Navin territory. The Malaysian Bar had expressed decision in the Likas election case, which Siva, and the team of advocacy trainers its support for the Malaysian authorities in found that the Election Commission’s comprising lawyers and judges who have their continuing efforts to restore law and certification of the electoral roll for the given up their time to impart knowledge order in the affected areas. 1998 Likas constituency was ultra vires on the Hampel method. the Federal Constitution and was illegal. As at 11 Apr 2013, 181 individuals have Consequently the High Court declared The last programme was successfully held been arrested under Security Offences the March 1999 election for the Likas in Kuala Lumpur on 11 and 12 May 2013. (Special Measures) Act 2012, and 334 constituency null and void. Such ouster The upcoming two sessions will be held in under other offences in respect of clauses seek to remove the protection Alor Setar on 14 and 15 June 2013, and the events that took place in Lahad offered by the separation of powers under in Kuala Lumpur on 20 and 21 July 2013. Datu. The Malaysian Bar welcomed the the Federal Constitution. On a broader Attorney General’s assurance that the level, the Judiciary’s reluctance to strike Members will also recall that the accused persons will have access to legal down ouster clauses is symptomatic of Continuing Professional Development representation, and we called on the the damage done by the amendment to (“CPD”) Scheme is in place following Malaysian Government to honour and Article 121(1) of the Federal Constitution, the resolution adopted at the 66th AGM maintain its commitment to international which sought to diminish the powers of of the Malaysian Bar on 10 Mar 2012. humanitarian law and international the Judiciary. The Bar has fought for many The CPD Department recently launched human rights standards in its treatment years to restore Article 121(1) and we will a dedicated website for CPD at http:// of detained persons, and to accord such continue to do so in this term. www.malaysianbar.org.my/cpd/, where persons due process of the law. The a calendar of national training courses Malaysian Bar stands ready to assist in The Bar is in support of a strong and is updated regularly, and Members can providing legal representation to the independent Judiciary. In this regard, the register online for Bar Council courses. The accused persons in response to the Bar recognises and supports the Chief CPD team, led by HR Dipendra, Raphael Attorney General’s call for us to do so, and Justice’s continuing efforts to improve Tay and Santhi Latha, are constantly has a team of lawyers on standby to assist the efficiency, quality and integrity of the working at increasing the availability of and support the Sabah Law Association if administration of justice. courses, seminars and workshops, and requested. improving their content, to cater for Liberalisation of Legal Services varying interests and geographical areas. Ouster Clauses and Article 121(1) of Steps are also being taken to provide the Federal Constitution The amendments to the Legal Profession online training, and we aim to introduce Act 1976 (“LPA”) providing for the our own Online Digital Library for online As I write this, our country has just seen liberalisation of legal services in Malaysia training in the near future. the conclusion of the 13th General were passed through Parliament in July Elections. Commentators have observed 2012. These new amendments have Another new development is that that this was the most closely fought not yet come into force. There are Members will soon be eligible to general elections in Malaysian history. It further amendments, including provisions register for the University of London is heartening to note the increase in the permitting foreign lawyers to enter and Postgraduate Laws Programme, which level of awareness and interest among leave Malaysia for work purposes, without includes the Postgraduate Certificate in Malaysians of our electoral laws and their establishing an office in Malaysia, for a Laws, Postgraduate Diploma in Laws and rights as citizens. maximum of 60 days per calendar year. It Master of Laws, through the Bar Council. is likely that these further amendments to These programmes are conducted Concerns have been expressed on the the LPA will be tabled in the first session through University College London and election process, including on the integrity of the incoming Parliament. It is envisaged Queen Mary University of London, and of the electoral roll. Before the 13th that soon thereafter, the liberalisation offer Members the flexibility of earning General Elections, some cases were filed amendments to the LPA will be brought their postgraduate qualifications on a for leave to seek judicial review of decisions into effect, and we may see foreign law progressive basis. Assessments will be or actions of the Election Commission firms and foreign lawyers formally setting conducted in Malaysia in May and October concerning discrepancies in the electoral up practice in Malaysia by the end of this each year. Those who complete various year.

Praxis Apr-June 2013 3 President’s Message

stages of the programmes offered will sporting contingent was led by Yang Amat system in Malaysia. This means engaging be eligible for CPD points, in addition Arif Tan Sri Dato’ Seri Md Raus Sharif, those in non-governmental organisations, to obtaining valuable knowledge and representing the Chief Justice, Yang Amat political parties, policy makers, academics, advanced qualifications. This is an exciting Arif Tun Arifin Zakaria, who was unable the Judiciary, the Executive branch of opportunity that we hope many Members to be present due to last-minute official government, Members of Parliament, will take advantage of. duties. While we may not have won the and members of the public in meaningful Games this time around, Members can be discussion. Increase in Filing Fees proud of the sporting spirit, camaraderie and sense of fair play that the Malaysian As a start, we have identified certain Members will know that filing fees have contingent displayed throughout. topics of public interest on which we increased, since 1 Mar 2013, by about hope to hold forums and seminars. These 100% for most categories of court Thank you to the Co-Chairpersons of the topics include the strengthening and documents. The last changes in filing fees Sports Committee — Anand Ponnudurai reform of the Election Commission and for the Subordinate and High Courts were and K Mohan — as well as the committee electoral process, the independence and in 1991. members, the sportsmen and sportswomen empowerment of the media with respect who represented the Malaysian team, to news and commentary, legal reforms to We are of course concerned about the and the rest of the Malaysian contingent empower the Malaysian Anti-Corruption effect of the increase in filing fees, from who came to provide support. We also Commission to carry out its function, and an access to justice standpoint. There are congratulate the Singaporean team on the restoration of Article 121(1) of the many poor litigants, and any increase in their victory this year, and thank the Law Federal Constitution to expressly provide filing fees will effectively deprive them of Society of Singapore and the Singaporean for judicial power to reside with the their right of access to justice or otherwise Bar for their gracious hospitality. Judiciary. impose hardship on them to access justice. Providing access to the courts is a State Severance of the Kedah/Perlis Bar The Bar Council welcomes constructive responsibility, hence filing fees should feedback from Members of the Bar so that never be regarded as revenue for the Pursuant to a resolution for the severance we can better serve our collective interests Government. We had raised this issue of the Perlis Bar from the Kedah/Perlis Bar, as members of the legal profession. Lastly, with the Judiciary when we first received the Perlis State Bar and its committee were I urge all Members to participate in the indication of the intention to increase the constituted on 19 Apr 2013. The first committees and activities of the Bar. A lot filing fees. Chairman of the Perlis Bar Committee is of good can be achieved with more people Amar Jit Singh a/l Jarnail Singh, and the on board. We will continue to monitor the situation first Perlis Bar Representative to the Bar concerning the fee increase. Meanwhile, Council is Zamri Ibrahim. The Kedah Bar In continuing the great legacy of the steps are being taken to seek to reintroduce is in the process of constituting the Kedah Malaysian Bar and moving forward, each the pauper provisions into the Rules of State Bar and its committee, and will of us at the Malaysian Bar shall be guided Court 2012 so that impecunious litigants hold a general meeting of practitioners in by the several purposes of the Malaysian would have their filing fees waived. The Kedah on 5 June 2013 for that purpose. Bar set out in section 42 of the LPA, Judiciary has indicated that it is in favour among these “to uphold the cause of of this proposal, and we hope to have the The Malaysian Bar and the Bar Council justice without regard to its own interests draft provisions or rules ready soon. congratulate and welcome the formation or that of its members, uninfluenced by of the Perlis Bar and the Kedah Bar. I fear or favour”. Malaysia/Singapore Bench and Bar look forward to working with Amar Jit Games Singh a/l Jarnail Singh, Zamri Ibrahim, Christopher Leong and the Kedah Bar Committee Chairman President From 16 to 18 May 2013, the Malaysian and Kedah Bar Representative to the Bar Malaysian Bar Bar participated in the annual Malaysia/ Council. Singapore Bench and Bar Games, held [email protected] in Singapore. Almost 300 Members and Raising the Level of Debate pupils in chambers of the Malaysian Bar 31 May 2013 participated in 18 events, of which 15 In this term, we hope to take steps to raise were competitive and friendly, whilst three the level of debate and communication were just friendly. Our Bench and Bar among all stakeholders in the justice

4 Praxis Apr-June 2013 Editorial

From the Editor’s Keyboard...

As someone in the heart of a profession borrowed from the great quote Bar Annual Dinner & Dance. Other events that requires a mastery of linguistic from Roman poet Publius of interest were Open Forum on “Safer gymnastics, I must say that the Vergilius Maro a.k.a. Virgil: Malaysia”, which highlights the efforts of opportunity to bring you last ten “Go forth a conqueror the Malaysian Bar to instil diligence and issues of Praxis, Chronicle of the and win great victories.” awareness on the issue of neighbourhood Malaysian Bar, has been quite the This issue is presented on the safety in Malaysia; the Malaysian Bar self-fulfilling prophecy. While heels of the appointment Annual General Meeting and the there are some who would say of a new line up in our Malaysian Bar Annual Dinner & Dance lawyers love the sound of their Bar leadership, also to (which coincided with the celebration own voices, I’m sure there whom I bid glad tidings. of the award of United Nation Malaysia are even more who would “Organisation of the Year 2012” in our fervently bob their heads This Apr-June 2013 favour). in agreement should the Praxis has pulled together saying be substituted a wide-range of articles Our Lifestyle section features an interview with reference to our to tickle your intellect: by KS Shasha with a lawyer couple Susan love to put things down from “The Extent of Joseph and Selva Balan Sinnan who have on paper or, in today’s the Applicability of a been “Drumming the Point in”. context, on the computer Restriction in Interest monitor... to the Devolution The magazine also features the usual array Process for Immovable of reports consisting of State Bar news During this two-and-a-half Properties” by and activities, calendar of PSDC events, year stint, I have had the Kevin Kam; “Cross while the By The Way section (“Dear El pleasure of working with Border Transaction Pee See” segment) continues with more many talented and dedicated in Islamic Finance: interesting anecdotes and advice on Legal individuals who have made my Standardisation Does Practice. editorial journey exceedingly worthwhile. Matter” by Hakimah Yaacob; a I would declare these individuals to be wake-up call on the correlation between We trust this Apr-June 2013 issue of those I would unhesitatingly collaborate environmental and Human Rights Praxis will be a pleasing read. with in the future. concerns in “Climate Change” by Roger Chan, and an examination of I personally take this opportunity to bid So, it is with this that I pass the proverbial how the “Federal Court has lifted the you farewell and also many thanks to the baton of helming this magazine to the Bankrupt’s burden” by a collaboration many readers who have given me nothing capable hands of my trusted colleague, of writers. but a show of support, making all the Mr Raphael Tay, confident that he will effort even more than meaningful. rocket off with the next issue onwards in Also highlighted in the Articles/Features spectacular fashion. section is the citation in favour of this Syamsuriatina Ishak year’s Malaysian Bar Lifetime Achievement Co-Editor-in-Chief of Praxis, Chronicle of In a final kick-off, I am pleased to introduce Award recipient Dato’ Dr Sir Peter the Malaysian Bar to you Praxis’ second quarterly issue of Mooney, contributed by Philip Koh, which June 2013 2013, titled “Go Forth and Conquer” was presented at this year’s Malaysian

Praxis Apr-June 2013 5 Features/Articles

The Extent of the Applicability of a Restriction in Interest to the Devolution Process for Immovable Properties by Kevin Kam Soon Aun1

Introduction a grant of representation4 from the high transfer in Form 14A of the NLC.8 Only court. upon registration of the instrument of When a person dies, his estate passes transfer on the register of title will the on to his beneficiaries. Under our laws The next stage would entail transmitting beneficiary have title as the proprietor to of succession, the legal mechanism is the immovable properties into the name the immovable property.9 not always as simple as passing from of the personal representative under s. the estate of the deceased directly to 346 of the National Land Code (“NLC”).5 The extent of the applicability of a the beneficiaries. As far as immovable restriction in interest under s. 104 of properties with issue documents of title After transmission has been effected, the NLC are concerned2, there are a few stages and all the debts and liabilities of the that need to be passed before the title or deceased have been cleared, the personal Some immovable properties are subjected interest of a deceased person in the lands representative will have to distribute to a restriction in interest (or ‘sekatan in question can be ultimately vested in these properties to the beneficiaries of kepentingan’ in Malay) under the NLC. the beneficiaries. In legal terms, the entire the deceased6 according to the will of process is called devolution. the deceased in a testacy and according One common restriction is the requirement to the personal law of succession of the of consent from the State Authorities The Devolution Process For deceased in an intestacy.7 or the Director of Lands and Mines Immovables (PTG) before these immovables can be To complete the devolution process, transferred, charged or leased. Generally, the devolution process starts the personal representative will have to with the personal representative3 of the ‘transfer’ the immovable properties to In relation to that, s. 104 of the NLC estate of a deceased person extracting the beneficiaries by an instrument of provides:-

6 Praxis Apr-June 2013 Features/Articles

The appellant, one Shikh Fadzillah was The following explanation will show that appointed by the Kuantan High Court in such a situation, neither the personal as the administrator of the estate of representative (transferor) nor the his father, the late Shikh Wahid (“the beneficiary (transferee) fit under any of the Deceased”). The lands in question have limbs in s. 104 of the NLC. been duly transmitted to Shikh Fadzillah as the administrator of the estate of the A personal representative is not a Deceased under s. 346 of the NLC. By an ‘proprietor’ and a beneficiary of a order of the Kuantan High Court Judge, deceased proprietor does not need to Shikh Fadzillah was given permission to, claim ‘an interest in the land’ inter alia, transfer the lands to Shikh Safri, a son and beneficiary of the Deceased. Firstly, as far as the ‘transferor’ is Consequently, the transfer forms in the concerned, he is merely registered on form of Form 14A NLC were drawn up the title as the personal representative of and executed, the stamp duty duly paid the estate of the deceased proprietor.12 and were presented for registration at the He cannot in any way be termed as the Pekan Land Office. ‘proprietor’, nor can he be said to be ‘having an interest’. The District Land Administrator of Pekan (‘the Pekan DLA’) however refused to Section 5 of the NLC gives guidance as to register the instruments on the basis that the meaning of ‘Proprietor’:- the consent to transfer from the Director of Lands and Mines and for one of the Proprietor means any person or body lands, the State Authorities, have not been for the time being registered as the obtained by the appellant. The Pekan DLA proprietor of any alienated land. contended that:- ‘Proprietor’ therefore refers only to one (a) The relevant restriction in interest party and that party must be the person imposed on the lands in question has who is the registered owner, ie the person to be strictly complied with under s. who has title to the land. 104 of the NLC, namely:- “Every person or body having or claiming Tidak boleh dipindahmilik… an interest in the land” must refer to:- melainkan dengan kebenaran Pengarah Tanah dan Galian Negeri (a) ‘Having an interest’ [and in the case of one of the The person or body having a registered lands, Pihak Berkuasa Negeri] (‘the interest in land which under this Restriction’); and section, can only be a registered lease or a registered charge or a registered (b) ALL transactions involving transfer of easement13; Every condition or restriction in interest the lands with the Restriction using shall run with the land to which it relates, Form 14A of the NLC require the OR 11 and shall bind the proprietor thereof for necessary consent to transfer. the time being and every person or body (b) ‘Claiming an interest’ having or claiming any interest in the land, From the above contentions, the Pekan A person or body having a claim to a howsoever derived. DLA seems to have gone on the wrong registrable interest in land (which can track as to the proper interpretation of only be a title, a lease, a charge or Since an administrator or executor is s. 104 of the NLC, in particular who falls an easement), ie having an executed required to distribute the immovable under the first limb of ‘proprietor’ and the instrument of such dealing or having property of the deceased to the second limb of “…any person having or a claim to a right to a registrable 14 beneficiaries of the deceased via a claiming interest…” interest in land under contract. ‘transfer’ under the NLC, there is room for interpretation that such a restriction under For ease of reference, in a ‘transfer’ As explained by Lord Diplock in Registrar s. 104 of the NLC ought to be applied, in from the estate of the deceased to the of Titles, Johore v. Temenggong particular the requirement of the consent beneficiary of the deceased, there are Securities Ltd:- to transfer from the relevant authorities. only two parties involved, ie the personal representative who will be the ‘transferor’ “The person in whom is vested land which One example was the recent case of Shikh and the beneficiary who will be the has been disposed of by the State… is Mohd Fadzillah Bin Shikh Wahid v. ‘transferee’. referred to as the ‘proprietor’ of the land. District Land Administrator of Pekan, Under the Code, interests in alienated Pahang.10

Praxis Apr-June 2013 7 Features/Articles

land are divided into two categories: those the death of the deceased. This clearly permission of the court to transfer23 which are registered and those which are shows title or interest does not belong and ultimately, get the title to the land not. to the personal representative because registered in the name of the beneficiary title or interest never passed from the via Form 14A.24 The only interests capable of being deceased to the personal representative. registered are title, leases (including Upon registration on the title, the personal It must also be stressed that at this stage subleases) for a term exceeding three representative is only clothed with the before the registration of the Form 14A, years, charges on the land and easements power to ‘deal’ on behalf of the estate the beneficiary is not “having or claiming over the land.”15 of the deceased proprietor (or a deceased interest” in the land. The beneficiary as holder of an interest) and not for his own a ‘transferee’ certainly does not ‘have In Damodaran v. Choe Kuan Hin, Lord personal interest. interest’. As a beneficiary, he certainly Diplock held:- DOES NOT NEED to claim ‘interest’ to This personal representative is certainly the title. The beneficiary’s right to be “Interests in land, short of proprietorship, nowhere close to being the ‘proprietor’ or registered as ‘proprietor’ on the title is by which are capable of being registered are ‘having interest’. devolution. leases, charges and easements.”16 After transmission under s. 346 of the NLC, The title of a deceased proprietor These two cases were followed by the and after administration is completed, he DEVOLVES onto the beneficiary under the Court of Appeal in Luggage Distributors is bound by law to vest this title in the laws of succession. It is NOT TRANSFERRED. (M) Sdn Bhd v. Tan Hor Teng @ Tan lawful beneficiary of the then proprietor Tien Chi & Anor:- who has died.19 ‘Transfer’ connotes a voluntary act on the proprietor to divest himself of his title to “Only certain interests are capable of Under the Code, the only way this can be the land. This can only be done during the registration. Within this are two sub- done is by way of an instrument of transfer proprietor’s lifetime. categories, namely:- (Form 14A NLC) because the Code only recognises this instrument as the closest ‘Devolution’ in contrast, is an involuntary (a) Registered title. This may be in to fit this category of transaction. act, which occurs by operation of death, perpetuity or for a term of years. It whereby title will be ultimately vested on pertains to ownership of land. The As Lord Diplock explained in Registrar the beneficiaries of the deceased through “owner” is termed by the Code as of Titles, Johore v. Temenggong the laws of succession. “registered proprietor”, Securities Ltd:- In Parr v. Parr 1 My & K 648, Leach MR (b) Registrable interests falling short of “Registered title to land can be transferred said:- ownership. These are leases, charges and other registered interests in land can and easements. be created and transferred by registered ‘Devolve’ means to pass from one person dealings only. dying to a person living; the etymology of Registration carries with it a bundle of the word shews its meaning.” rights, which includes, subject to any These dealings take effect when a written restriction imposed by the alienating instrument in the appropriate form In Francisco v. Aguirre 29 Pac 495, 497, authority, the right to effect a transfer provided for by the Code is presented for 94 Calif 180:- of the particular registered interest.17 registration at the Registry.”20 “An estate is said to ‘devolve’ on another It is therefore right to say that the In a situation of a ‘transfer’ from the when, by operation of law, and without ‘proprietor’ (during his lifetime) and personal representative to the beneficiary, any voluntary act of the previous owner, the beneficiary who subsequently gets the most appropriate form must be Form it passes from one person to another; himself registered on the title (who then 14A (because Form 15A is for leases, Form but it does not devolve from one person becomes the ‘proprietor’), are bound by 16A is for charges and Form 17A is for as a result of some positive act are the Restriction. easements).21 agreement between them. The word is itself of intransitive signification, and does On the other hand, the personal In Shikh Fadzilah’s case, the Pekan DLA’s not include the result of an act which is representative of a deceased proprietor contention that so long as it is a transfer intended to produce a particular effect. It cannot be bound as such. We must be using Form 14A, the parties are bound by implies a result without the intervention of very careful not to conclude that upon the Restriction, needs further examination. any voluntary actor.”25 registration on the ‘Proprietorship’ part of the title, this personal representative has Strictly speaking, this passing of title under Unlike a transfer in the usual sense, ie title as the proprietor. He is only registered the Torrens register is not a transfer in the pursuant to a sale or love and affection as a personal representative under s. 346 usual sense but a devolution of title from where consideration is involved, this of the NLC.18 the deceased to the beneficiary through a ‘transfer’ from the personal representative conduit (the personal representative) who to the beneficiary is essentially an Section 347 (1) of the NLC provides that has to obtain a grant of representation in involuntary act forming part of the after registration, title or interest of any order for him to have the land transmitted devolution process under the laws of personal representative relates back to to him22 and thereafter, to obtain the succession which is triggered by the death of the proprietor.

8 Praxis Apr-June 2013 Features/Articles

The Pekan DLA’s erroneous Can the Court invoke s. 417 of the NLC Given that the Code only recognises the interpretation of s. 104 NLC will only to circumvent restrictions under s. 104 language of a ‘transfer’ via registration of produce a ridiculous result to give effect to an order under the Form 14A from the name of the personal PAAA? representative to the beneficiary, this If it is the prerogative of the State passing of title from the estate of the Authorities or the PTG or whoever Shikh Fadzilah’s case was one involving deceased to the beneficiary, though authorised under the Code to give such an intestacy. One may assume that since pursuant to devolution, cannot be effected consent to transfer, and IF such consent is a court order is required before the by any other way. not given, does that mean the immovable administrator can effect the transfer28, it in question will forever remain in the is therefore the duty of the Registrar (and Even if we were to go by vesting orders name of the personal representative? the District Land Administrator) to register under s. 72 of the PAAA34, such orders Surely, this cannot be the case. Common the instrument of transfer to give effect to will be similarly caught by the contention sense dictates that this consent is not that court order, bearing in mind s. 417 (1) of the Pekan DLA in Shikh Fadzillah’s case required in the first place! This is so that of the NLC which provides:- because even after such a vesting order the beneficiaries can succeed to the title is obtained, the process requires a similar of the deceased proprietor. The Court or Judge may by order direct the ‘transfer’ using Form 14A of the NLC.35 Registrar or any Land Administrator to do Though the Pekan DLA is not obliged to, all such things as may be necessary to give The correct reasoning should be based he could have taken heed of the guidelines effect to any judgment or order given or on the premise that the ‘transfer’ from a issued by the Director of Land and Mines made in any proceedings relating to land, personal representative to a beneficiary of of Selangor which have certainly applied and it shall be the duty of the Registrar a deceased proprietor is not and cannot this common sense with regards to the or Land Administrator to comply with the be a transfer in its usual sense (which is a proper interpretation of s. 104 of the NLC. same. voluntary act involving consideration), but a transfer pursuant to devolution. According to the guidelines, the State But how about a situation of testacy? Legislative Assembly of Selangor has This is supported by the fact that the acknowledged that the consent to transfer Since an executor derives his powers from distribution of estates under the High is exempted in the following matters:- the will of the deceased, he is not required Court procedure36 begins with a grant to obtain permission from the Court to of representation to the personal (a) Akta Pembahagian Pusaka Kecil 1955; transfer the immovable of a deceased to representative which is given pursuant to (b) Keputusan/Arahan Mahkamah; the beneficiaries under the will.29 an order of the court to formally kickstart (c) …; dan the devolution process. (d) Akta Probet dan Pentadbiran 1959.26 The answer lies in the Grant of Probate. The Grant of Probate which is given to the And the grant37 expressly states that the In addition to that, the Collector of Stamp executor pursuant to an order made by personal representative is to “…pa[y] Duty recognises this ‘transfer’ from the the court30 after hearing the originating the legacies in [the deceased’s] Will…” estate of a deceased to a beneficiary summons31 by the executor provides that:- or “…distribut[e] the residue of such not as a transfer in the usual sense, but [the deceased’s] property according to as ‘other transactions’. It falls under the “…[A]dministration of all and singular the law…”38 Stamp Act 1949, First Schedule, Item 32 movable and immovable property of the (i) … other transactions whereby stamp deceased situate within the jurisdiction In that respect, only when the Registrar or duty payable on such a transfer is only a was granted by this Court to… sole Land Administrator refuses to register an nominal RM10-00. executor … named in the said Will… instrument of transfer from the personal being first sworn well and faithfully to representative to the beneficiary can If Parliament had intended it to be a administer the same, by paying the just we bring in the operation of s. 417 of transfer in its usual sense, surely Parliament debts of the deceased and the legacies the NLC. Section 417, however, is only would have expressly provided that the in his Will…”32 exercisable by the court pursuant to an Collector of Stamp Duty should collect the appeal brought under s. 418 of the NLC.39 usual ad valorem duties chargeable on the On that basis, it is strongly argued that usual transfer under Item 32 (a), and not the Grant of Probate is an “…order given A judge cannot simply invoke s. 417 to the meagre sum of RM10-00. or made in any proceedings relating to circumvent any restriction under s. 104 land…” for the purpose of s. 417. of the NLC which may be binding on Suffice to say, if we were to endorse the a particular transaction involving the erroneous interpretation of the Pekan And since the executor is required to immovable property of a deceased. DLA, it would only make a mockery pay “the legacies”33 in the will of the of the provisions of the Probate and deceased, there is no question that the Adhering to the scheme of the NLC Administration Act 1959 (“PAAA”) and need to transfer to the beneficiaries is for defeat the laws of succession which is to the beneficiaries to succeed to the title of Prudence demands us not to justify the non- enable the estate of a deceased to devolve the deceased according to the will of the applicability of the requirement for consent onto the rightful beneficiaries.27 deceased by reason of devolution. to transfer simply because there is a court order to carry out transfers involving estates of deceased proprietors and therefore the

Praxis Apr-June 2013 9 Features/Articles

transfer will be registered by the Registrar40 over the registrar will be more meaningful with the immovable properties of the pursuant to a direction from the High Court in order to ensure that the registrar really deceased or the personal representative Judge under s. 417. complies with the provisions of the NLC. acting against the restriction in a will. If, as has been held, the court is not The key lies in correctly identifying who authorized to make an order or direction The Restriction applies to parties who is a “person or body having or claiming contrary to the NLC, surely the registrar is are outside the devolution process interest” under s. 104 of the NLC. also not authorized to act contrary to the provisions of the NLC.” While it has been demonstrated earlier that For instance, to say that the Registrar it is ridiculous to apply s. 104 of the NLC to is bound to register a transfer from a In Bank Pertanian Malaysia v. Lemo personal representatives and beneficiaries personal representative to a purchaser Sdn Bhd (Penerima Dan Pengurus of the estate of a deceased proprietor at transferee because there is an order of Dilantik) (Dalam Likuidasi)45, the the distribution stage, it certainly applies the court under s. 60 (4) (or in the case of court held that the order directing the to a person or body whose capacity falls an executor or administrator as ‘personal Registrar to register the charge against outside the perimeter of this devolution representative under s. 60(3)) or even a the restriction was wrong because the process, especially a purchaser of title or Grant of Probate41 would be blatantly bank did not obtain the necessary consent interest from the estate of a deceased wrong. While the personal representative to charge. person. cannot be the ‘proprietor’, the other party involved, ie the purchaser transferee will In Lemo, there was an agreement For example, in the case of a sale of the certainly fall under the second limb of between the bank and the company that immovable property of the deceased ‘person or body claiming interest’ in s. the company would execute and register (whether under a testacy or intestacy), the 104.42 a charge when the document of title to transfer can no longer be a devolution of the immovable property (‘IDT’) was issued. title for the following reasons:- It must be stressed that though the Judge has the power to direct the Registrar to When the IDT was in fact issued, it was (a) The transaction is a contractual one give effect to any judgment or order of endorsed with a restriction in interest to between the personal representative the court43, this does not mean the Judge the effect that “Not to be … charged… and the purchaser with the passing of can arbitrarily direct the Registrar to so without the prior consent of the state consideration; and register. authorities.” (b) Even if the purchaser is a beneficiary, this beneficiary will nevertheless be The Judge cannot and should never use his In this case, the bank obtained a court placed in the position of a purchaser, general authority under s. 417 of the NLC order to the effect that the liquidators who prior to registration as the new to circumvent s. 104 of the NLC under the to the company executed the instrument proprietor, will be categorised as “...a pretext of giving effect to an order under of charge and directed the Registrar to person... claiming interest...” and s. 60 (or even s. 72) of the PAAA or a register the said charge. is therefore caught by s. 104 of the Grant of Probate. NLC. Obviously, that court order was found to To do so would certainly be inconsistent be ultra vires the NLC because the court Naturally, in such a situation, an order with the scheme of the NLC. which gave that order in the first place under s. 60 (3) or (4) of the PAAA should overlooked the restriction in interest which not be given by the judge in the first place, In Manilal & Sons (M) Sdn Bhd v. bound the bank which was undoubtedly much less enforced by way of s. 417 of Pentadbir Tanah Daerah Kulim & “a… body… claiming an interest... the NLC, because there is a restriction in Anor44, Mohd Noor Ahmad J reasoned:- howsoever derived” under s. 104 of the interest under s. 104 of the NLC. NLC. “[Section 417 (1)] empowers the court or a Furthermore, using court orders under s. judge to direct the Registrar to do all such It was therefore, not right to give effect 417 to bypass s. 104 of the NLC under the things as may be necessary to give effect to that order by compelling the Registrar guise of enforcing an order under s. 60 to any judgment or order given or made under s. 417 of the NLC to register the (or even s. 72) of the PAAA or a Grant of in any proceedings relating to land and it charge. Probate may achieve the end of registering is incumbent upon him to comply with the the instrument, but only for the short order forthwith… It does not authorize What we can observe from these cases term. the court to direct the registrar to make an is that whenever a restriction in interest entry inconsistent with the scheme of the appears on the issue document of title, a In the long term however, since such a NLC. Although the sub-section does not judge has to be very cautious before he transfer began on the wrong legal footing, set out the terms on which a court action grants an order under s. 60 (3) or s. 60 (4) the title or interest so registered is subject can be taken, it confirms the inherent of the PAAA. to challenge and may just activate the jurisdiction of the court over the registrar defeasibility provisions under s. 340 (2) (c) or land administrator.” Section 104 of the NLC must always of the NLC:- be given the correct interpretation “[Section 417 (1)] should be given a liberal before the judge can properly give his The title or interest of any such person… interpretation so that the exercise of the permission under s. 60 of the PAAA to the shall not be indefeasible – inherent or general powers of the court administrator applying for orders to ‘deal’

10 Praxis Apr-June 2013

Features/Articles

(c) Where the title or interest was unlawfully acquired by the person… in the purported exercise of any power or authority conferred by any written law

“…[U]nlawfully acquired… in the purported exercise of any power or authority conferred by any written law” may refer to the power of the Judge under The phrase “howsoever derived” in s. 104 – the restriction will no doubt apply in s. 417 in directing the Registrar to so extends the restriction to cover any party that transaction, not to the administrator register even when clearly, the transferee/ who has or claims any interest through appointed under the SEDA, but to the purchaser falls under the limb of “a person the proprietor or any holder of any such purchaser. Besides, such transfer pursuant claiming interest” in s. 104 of the NLC. interest. to a sale requires the registration of an This would be ultra vires the NLC. instrument of transfer to pass the title To illustrate, a lessee who has a registered from the estate of the deceased to the It is submitted that whenever a lease from a proprietor (lessor) wishes to purchaser. transaction involves a sale from the create a sub-lease to a sub-lessee. In such estate to the purchaser in question, the a situation, both the sub-lessor (holder of In such a situation, the consent to transfer appropriate approach is to prepare a an interest from the proprietor lessor) and from the relevant authorities will surely conditional contract whereby the personal the sub-lessee (claimant of an interest will apply. representative as the transferor/seller be bound by the restriction in interest. should first obtain the requisite consent Conclusion to transfer46 and only after the requisite Essentially, what limits the proprietor also consent has been acquired (the condition limits all those who ‘derives’ any interest All parties involved in the distribution precedent of the contract be satisfied) through the proprietor in the first place. of the estate of a deceased, especially should the personal representative apply the Registrar and the District Land to court for permission under s. 60 (3) or Regardless, “howsoever derived” should Administrator, must not rely on a (4) of the PAAA (whichever applicable) be given a restricted meaning. If widely superficial reading of the relevant sections and complete the contract of sale with the interpreted to extend to any ‘derivative’ of the Acts concerned. transferee/buyer. situations especially in cases of devolution, the effect may just be exceedingly Instead, they must adopt a holistic In Goo Hee Sing v. Will Raja & Anor, catastrophic – the fate of any beneficiary approach and most importantly, Mahadev Shankar J (as he then was) said:- to such estates with restriction in interest understand the workings of the entire hangs in discretionary hands! devolution process under our laws of “This to my mind raises a question succession, in particular how the relevant of paramount importance to the Such uncertainty is certainly not what the Acts, namely the PAAA and the NLC, administration of land law in Malaysia, laws of succession have been put in place work together to complete the devolution whenever the title contains a restriction for. process. in interest of the present kind. Because the prohibition in dealing with the land Small Estates A personal representative or a beneficiary is total, nothing can happen without the of a deceased proprietor certainly does consent of the pihak berkuasa negeri. Special mention must be made of not need to obtain the consent to transfer small estates under the Small Estates from the relevant authorities since the “Consequently, it must follow that a (Distribution) Act 1955 (“SEDA”). The laws of succession allow the beneficiary to prospective purchaser, chargee or lessee Registrar can directly register a distribution succeed to the title of the deceased. of such land can have no caveatable order under s. 16 of the SEDA, whereby interest in such land until the consent of the immovable property will be vested in No doubt land matters fall under the the pihak berkuasa negeri has first been the name of the beneficiaries, without jurisdiction of each state50, but since s. irrevocably obtained.”47 having to utilise any transfer forms.49 104 of the NLC applies to all the states in West Malaysia, it would be good if the The same reasoning should also apply if By implication, Parliament has made it land authorities in all the states concerned the personal representative were to charge clear that the restriction in interest will could streamline their practice with or lease the immovable property. certainly not apply to distribution orders regards to transfers from the personal under the SEDA. representative to the beneficiaries of a “Howsoever derived” should be deceased proprietor. interpreted restrictively But again, beware of a sale pursuant to an order given by the Collector under s. Only then can immovable properties of A restriction in interest is meant to limit 15 (4) (c) of the SEDA. It bears the same deceased proprietors be distributed not the proprietor’s powers of dealing under characteristic mentioned earlier in the only expeditiously but more importantly Division IV of the Code.48 case where a personal representative on the correct, legal basis so as to avoid is given permission by the Court to sell practices which result in unnecessary delay and costs to the public. 12 Praxis Apr-June 2013 Features/Articles

1 LLB (Hons) University of Sheffield; CLP; Advocate DEALINGS AND OF OTHER MATTERS AFFECTING 33 A ‘legacy’ is a gift or bequest by testament. In & Solicitor, High Court of Malaya TITLE. Where the title has been transmitted into the construction of statutes and wills, the words 2 These include strata titles the name of the personal representative, his ‘bequest’ and ‘legacy’ are often held to mean 3 A term that refers to both executors and name appears under this part endorsed with the the same thing, and to embrace and include administrators additional words ‘as Administrator’, ‘as Executor’ either real or personal estate, or both. See A. 4 Generally, a grant of probate to executors in cases or ‘as Representative’ as the case may be. Krishnan, op cit, at Vol 10, p561 of testacies and a grant of letters of administration 19 See note 6 above 34 Section 72 (1) of the PAAA says:- to administrators in cases of intestacies. See Rules 20 [1976] 2 MLJ 44, PC at p45E,F A personal representative may assent to the vesting of Court 2012, Form 163 (formerly Rules of the 21 Under s. 206 of the NLC, every dealing shall be in any person who (whether by devise, bequest, High Court 1980, Form 172) for the forms of effected by the relevant instrument prescribed devolution, appropriation or otherwise) may be grants of representation. for that purpose. entitled thereto, either beneficially or as trustee 5 The transmission stage is an important part of 22 Under s. 346 of the NLC or personal representative, of any immovable the devolution process because s. 346 (5) of the 23 For administrators and personal representatives property to which the testator or intestate was NLC stipulates that a personal representative acting against the restriction in the will of the entitled or over which he exercised a general cannot execute any instrument of dealing for deceased under s. 60 (3), (4) of the PAAA power of appointment by his will, and which the immovable property until he or she has been 24 Dr Azlinor Sufian is of the view that even though devolved upon the personal representative. registered as such on the issue document of title the transfer from personal representatives to 35 Section 72 (2) of the PAAA states:- to the immovable property. beneficiaries utilises Form 14A, the requirement No such assent shall be valid unless sanctioned 6 Once administration is completed, a personal for consent to transfer shall not be applicable by an order of Court and made by a transfer representative switches role to that of a trustee. because any restriction in interest imposed by form required by any written law relating to the Re Cockburn’s Will Trust [1957] Ch 438 at p439, the state authority under s. 120 NLC is meant registration of title to land. per Dankwerts J: “…whether the persons are to limit the powers of the proprietor only. See 36 Whether it involves an intestacy whereby a court executors or administrators, once they have Ainul Jaria Maidin et al, Principles of Malaysian order is required to transfer, or a testacy with completed the administration in due course, they Land Law, LexisNexis, 2008 at p192 or without a court order or even a vesting order become trustees holding for the beneficiaries 25 The above authorities were quoted in A. Krishnan, under s. 72 of the PAAA either on the intestacy or on the terms of the Words, Phrases & Maxims, Legally & Judicially 37 Under O. 71 r. 35 of the Rules of Court 2012, will.” See also explanation in G Raman, Probate Defined, LexisNexis, 2008 at vol 5, pp517-518 a grant made under the PAAA and the rules of and Administration in Singapore and Malaysia, 26 Refer Pekeliling Pengarah Tanah dan Galian O. 71 shall be in one of the forms in Form 163. 3rd ed, LexisNexis, 2012 at pp173-174. Selangor Bilangan 4 Tahun 2008 at p6, para 4.3 38 See the last few lines of each of the many types 7 For Muslims, the applicable law of distribution 27 In Shikh Fadzilah’s case, the office of the State of Form 163 in the Rules of Court 2012. Since a is the Hukum Faraid and for non-Muslims, Legal Advisor of Pahang informed the Court grant is in the mandatory form of Form 163, it the Distribution Act 1958 (as amended by the that having consulted the Attorney-General’s follows that the personal representative is bound Distribution (Amendment) Act 1997). chambers, the AG’s chambers agreed with the to follow the contents therein. 8 Section 215 (1) of the NLC opinions expressed in the appellant’s written 39 Tan Soo Bing & Ors v. Tan Kooi Fook [1996] 3 9 Section 206 (1) read together with s. 215 (2) of submission, the crux of which are those shared MLJ 547, FC the NLC in this present article. Consequently, a consent 40 Reference to the ‘Registrar’ will hereafter include 10 see Kuantan High Court Originating Motion No: order was recorded whereby the Pekan DLA the Land Administrator, wherever applicable 25 NCVC – 7 – 2 / 2012 (Unreported). was directed to register the transfer instruments 41 This may be the situation where the testator 11 One author supports this contention of the Pekan from the appellant as the personal representative empowered the executor to sell (which then DLA. See Akmal Hidayah Halim, Administration of to the beneficiary to give effect to the earlier involves transferring) the immovable property Estates in Malaysia: Law And Procedure, Sweet & court order given under the PAAA. However, of the testator from his estate to the purchaser Maxwell Asia, 2012 at p121. The learned author, no grounds of judgment were given by the High 42 See note 14 above however, offered no further explanation and Court judge which would have been beneficial 43 Under s. 417 of the NLC pursuant to s. 418 of made no reference to s. 104 of the NLC. for judicial precedent. the same Act; see also Tan Soo Bing & Ors v. 12 Pursuant to NLC, s. 346 (1) 28 Section 60 (4) of the PAAA provides that:- Tan Kooi Fook, ibid 13 Though ‘title’ is a registered interest in land, it An administrator may not, without the previous 44 [1997] 3 MLJ 573, CA at p603 should be excluded here since ‘proprietor’ is permission of the Court – 45 [1996] 3 AMR 2884 mentioned in the first limb of s. 104 of the NLC … transfer by sale, gift, exchange or otherwise 46 There is no fixed rule that it is the personal 14 See SY Kok, The Torrens System and Equitable any immovable property situate in any State and representative who shall apply for the consent Principles, Sweet & Maxwell Asia, 2010 at pp158- for the time being vested in him; but under the usual conveyancing practice, it is 159 29 See Re The Estate of Teoh Cheow Choon; Ex the transferor/seller who makes the application. 15 [1976] 2 MLJ 44, PC at p45D Parte Khor Hong Luang [1994] 4 CLJ 575 47 [1993] 3 MLJ 610 at pp613-614 16 [1979] 2 MLJ 267, PC at p269 30 ‘Probate’ means “a grant under the seal of the 48 See definition of ‘restriction in interest’ under s. 17 [1995] 3 CLJ 520, CA at p547; See however the Court authorizing the executor… therein named 5 of the NLC. Dealings under Division IV of the criticism of this case and the explanation of the to administer the testator’s estate” : PAAA, s. 2 Code encompass Tansfers (Part Fourteen), Leases meaning of ‘interest’ in Torrens Land law in SY 31 Rules of Court 2012, O. 71 r. 5. Prior to 2nd and Tenancies (Part Fifteen), Charges and Liens Kok, op cit, pp336-383 August 2012, the mode of application provided (Part Sixteen) and Easements (Part Seventeen) 18 For practical reasons, refer sample of a Grant/ by the Rules of the High Court 1980 was by way 49 NLC, s. 348 (1) Mukim or Lease/Mukim Lease in NLC, First Schedule, of petition. 50 Federal Constitution, Ninth Schedule, List II – Form 5B-5D where all of these forms bear a part 32 See Form 163 (a) in Rules of Court 2012 which State List, Item 2 which speaks of RECORD OR PROPRIETORSHIP, OF is the same as Form 172 (a) in Rules of the High Court 1980. Praxis Apr-June 2013 13 Features/Articles

CPD Matters by Santhi Latha

The Continuing Professional Development on the effective date of implementation of training, the Member will only accumulate (“CPD”) Scheme has become a regular the mandatory CPD Scheme. a maximum of ten CPD Points per event or point of discussion amongst Members of per cycle for this activity. the Bar since it took effect on 1 July 2012. Speak for CPD Points Feedback received by the CPD Department Members who have participated in such has revealed some aspects that are still Members of the Bar are eligible to activities outside Bar Council and State unclear to Members. The objective of this collect CPD Points when they participate Bar events (which are tracked internally) article is to clarify specific matters relating as speakers at different events. The should write to [email protected] to the CPD Scheme. updated CPD Guidelines explain that with details about the activity, including: where a Member conducts presentations (1) Title of event; Is the CPD Scheme mandatory as a trainer, presenter, facilitator, coach (2) Organiser; and what happens if there is non- or moderator at workshops, seminars, (3) Date of event; compliance? conferences or training courses, the (4) Detailed programme including, Member will be eligible for two CPD Points specifically, the number of hours the The most common question is whether for every hour of presentation. Member acted as a speaker; and the CPD Scheme is currently mandatory. (5) Proof of invitation to speak including While the Malaysian Bar has implemented If the training is conducted for Bar Council copies of emails or agreements (no a mandatory CPD Scheme, it is only or the State Bars, the Member may collect financial information should be voluntary for the first two years to a maximum of 16 CPD Points per event included). facilitate the transition to the mandatory or per cycle for such activities. Where Scheme. At the conclusion of this two- the Member does this for private course This will allow the CPD Department to year term, the Malaysian Bar will decide providers or as part of in-house legal evaluate the activity and determine the

14 Praxis Apr-June 2013 Features/Articles

number of CPD Points to assign to the Department, through their law firms, with (5) Confirmation that the Member has Member. the information mentioned above. been in legal practice for a total of 30 years. This amounts to a declaration The value of in-house legal training Are you eligible for exemption from on the part of the Member and is an the CPD Scheme? essential part of this application. Many law firms conduct in-house legal training as part of their internal Members who are 75 years of age and The CPD website is up! professional development structures. CPD above are eligible for exemption. In 2012, Points can be claimed by both participants the CPD Department notified a total of The CPD website is ready, and Members and speakers for in-house legal training 120 Members, 69 of whom have applied may visit www.malaysianbar.org.my/cpd/ provided the following criteria are fulfilled: for and received exemptions to date. to check it out. The site provides access to the Training Calendar, the CPD Guidelines (1) The courses are intended for the Members who have been in practice as well as a variety of other information purpose of education; for 30 years are also exempted. As at about the CPD Scheme. Members are also (2) The courses deal primarily with 8 Apr 2013, a total of 59 Members have encouraged to use the site as a portal to matters related to the practice of law; received exemption in this category. communicate their feedback to the CPD and Senior Members who are eligible Department. (3) The courses have intellectual or are encouraged to apply to the CPD practical content. Department for exemption by email at The CPD website is an evolving creature [email protected] or by fax at and we value any input Members can Members of the Bar who participate in +603-2050 2122, with the following provide about how to make the site better such events may accumulate one CPD information: or more effective. Point per contact hour, whereas Members who are trainers are eligible for two CPD (1) Full name; Please contact us at cpd@malaysianbar. Points per hour of training. Members (2) Bar Council membership number; org.my or write confidentially to me at who have participated in such activities (3) Call date; [email protected]. are encouraged to write to the CPD (4) Number of years in practice; and

LAWFACT (M) SDN BHD ( 376419-A)

LEADING BUMIPUTRA COMPANY IN MALAYSIA DEALING IN SECONDHAND LAW REPORTS AND LEGAL TEXT SINCE 1997. Major stockist of various law reports from UK, Australia and India. If you need to build up your own library with minimum cost? Call us for more information.

Available : AELR, Halsbury’s Laws of England – 4 & 5 Ed., F & P – 4 & 5 Ed., The Law Reports, English Reports, WLR, ACLR, ACLC, CLR, NSWLR, Atkins Court Forms etc. at very reasonable prices.

Lawfact (M) Sdn Bhd is now managed solely by Puan Hjh. Zainab & Mohd. Firoz and Lawfact (M) Sdn Bhd does not have any subsidiary companies.

NB : We are against buying or selling of photocopies of law reports & legal text. Please be informed that Hj. Hanif bin Abdullah is no longer employed by Lawfact (M) Sdn Bhd. He is not authorized to collect any monies on behalf of Lawfact (M) Sdn Bhd.

Syarikat Bumiputra Yang Berdaftar Dengan Kementerian Kewangan Dan E-Perolehan No.12A, 1st Floor, Jalan Cungah, 42000 Port Klang, Selangor Darul Ehsan, Malaysia Tel : 603-31684424 / 31651545 Fax : 603-31684424 / 31651544 Email : [email protected] website : www.lawfact.biz Enquiries may be directed to: Puan Hjh. Zainab Bte Ibrahim – H/P No. 019-2773232 / 017-3804436 Mohd. Firoz – H/P. 019-2713232

Lawfact 020413.indd 1 6/11/13 7:03 PM Praxis Apr-June 2013 15 Features/Articles

Citation for Peter Mooney, Recipient of the Malaysian Bar Lifetime Achievement Award 2013 by Phillip Koh Tong Ngee and photos by Shan Theivanthiran

The Malaysian Bar Lifetime Achievement Gentlemen, as we meet here today we indigenous native rights long before the Award 2013 was conferred on Peter are in a free country, the republic of incalcitrance of timber loggers who would Mooney at the Malaysian Bar Annual letters, a country which has no national resist such rights under the passage of Dinner and Dance 2013, held at the boundaries, where there is neither land legislation. Taming Sari Grand Ballroom, Royale Frenchman nor German, which knows no Chulan Hotel, Kuala Lumpur, on 16 Mar prejudice nor intolerance, where one thing His contribution to the land of Sarawak 2013. alone is valued, truth in all its manifold and his benevolent disposition towards its aspects. I propose to study with you this indigenous people was a rare occurrence Peter Mooney’s service to the legal year the works of great poet and thinker, in those colonial times. As famously profession, spanning the decades, has Goethe. (See Edith Hamilton, The Greek depicted in EM Forster’s Passage to India been a dedication to law’s virtues and Way, Norton, 2010). and George Orwell’s Burmese Days, law’s integrity. members of the colonial establishment Peter Mooney’s university education was haughtily disdained involvement with Peter Mooney is no mere practitioner, steeped in the classics, through which the lives and culture of the natives, and but a counsel statesman1. His conduct of he imbibed the Greco-Roman world, were inclined to ostracise those who did court cases and advisory work bears the alongside the study of Greek, Latin, so. Peter Mooney was an exception to hallmarks of courtesy and grace found French, Mathematics and English. After such attitudes. Forgoing opportunism and solely in those for whom law is a genuine the war he returned to postgraduate careerism, he invariably placed integrity vocation rather than a trade or business. studies and completed a Master of Arts in above fear or favour. History. From there, his appetite whetted As a Crown Prosecutor, Peter Mooney in readings of Constitutional history, he Peter Mooney’s next home would performed his duties with both wisdom and proceeded to the study of law. be Malaysia, where he served first as discretion, and his razor-like sharpness as an elected Bar Council member and a skilled cross-examiner is legendary. His Historical studies’ loss was the legal later as Vice-President. He also served encounter with the formidable Lee Kuan world’s inestimable gain. Securing Firsts indefatigably as Chairperson of the Legal Yew in a Customs prosecution case, in Jurisprudence, Evidence and Procedure, Profession Committee, and chaired the recounted in his autobiographical work A Forensic Medicine and Scots Law, and Complaints Committee. He represents Servant of Sarawak: Reminiscences of a gaining admission to the Faculty of the best tradition of the Malaysian Bar and Crown Counsel in 1950s Borneo (Monsoon Advocates, his path to the legal profession reflects the highest standards and values Books, 2011), is a case study in sagacious was set. As an erudite repository of of the common law world. judgment and the clinical demolition of a historical and literary knowledge, Peter prevaricating defendant. Mooney has long enriched his companions His contribution to the public good is with the depth and breadth of his allusions further evidenced by the many duties he Peter Mooney’s journey from Donegal, and analysis, making the dry bones of law performed on hospital boards, and in the Ireland, to Glasgow, Scotland, where he a living treasure. inauguration of the hospice movement. It tasted war as a member of the Royal Scots would be remiss not to also mention two Regiment, the oldest Regiment in the His decision to leave the Bar in Edinburgh of Peter Mooney’s most cherished awards: British Army, was one fraught with drama and move to Sarawak (then a British the Dato’ DiRaja award from HRH Sultan and poignancy. colony) had not been easy, but he of Selangor, and the honour of Knight of readily adapted to its terrain and, more the Order of St Gregory the Great, by Pope The narrative of young Peter’s Virgilian significantly, to her people. Here he lived John Paul II. studies amidst the clamour of German out his calling, bestowing his manifold Luftwaffe bombings over Glasgow, the gifts upon the community that he chose When Peter Mooney served in the British River Clyde vividly recalls that of a 19th- to serve, and of which he later wrote: Army in Burma at the battle for Kohima century French scholar who said to his “I had become familiar and at home in Pass under General Slim — a battle in which class at the Collège de France, shortly after Sarawak. I had no home elsewhere.” One five thousand British soldiers perished the German occupation of Paris: of his outstanding achievements was his and Japanese casualties numbered seven ardent endeavour to give recognition to thousand — a monument was erected, upon which was inscribed:

16 Praxis Apr-June 2013 Features/Articles

When you go home Tell them of us and say They gave their tomorrow That you might have your today Simonides, on the Thermopylae War of Spartan resistance to the Persian Invasion in 480 BC2

The former Chief Justice of Singapore and pupil of Peter Mooney, The Honourable Justice Chan Sek Keong, paraphrased Simonides’s eulogy, saying of Peter, “He fought that we might have our today.”

Simonides wrote, on another occasion, words that I will adopt for this evening3:

Great are the fallen of Thermopylae, Dato’ Dr Sir Peter Mooney, you are not among the fallen, but Nobly they ended, high their destination — are one worth attesting, and the gem-like heritage of your noble Beneath an altar laid, no one a tomb, service to the Bar — so that we, the Malaysian Bar, might have our today and our tomorrows — is your gift to the Bar. The where none with pity comes or lamentation, modest laurel conferred upon you this evening, the Malaysian But praise and memory — Bar’s Lifetime Achievement Award, is a pale token of your love A splendour of oblation for the people of this land and for a profession which you grace No rust shall blot nor wreckful Time with the most honourable of endeavours. consume Like the epic journey of Odysseus to Ithaca, yours brought you to […] our shores, where we trust you have found your home. Here too is one worth of all attesting — Who left behind a gem-like heritage At the book launch of A Servant of Sarawak you proclaimed: “J’y suis, j’y reste” (Here I am, here I stay). Of courage and renown, A name that shall go down from age to age. We are so grateful that you did. Simonides on the Battle of Platea 479 BC (Trans. TF Highham) Malaysian Bar Lifetime Achievement Award Bar Council instituted the Malaysian Bar Lifetime Achievement Award in 2011 as a form of recognition and appreciation of outstanding Members of the Malaysian Bar who have demonstrated particular dedication and exemplary lifetime service, and made invaluable and outstanding contributions, to the Bar.

The Award was first conferred (posthumously) on Raja Aziz Addruse, at the Malaysian Bar’s Annual Dinner and Dance on 10 March 2012.

1 Anthony Kronman, The Lost Lawyer: Failing Ideals of the Legal Profession (1993), who argued for a lawyerly conception of virtue embodied in the lawyer- statesman “who displays an uncommon prudence or practical wisdom, a special talent for discovering where the public good lies and for fashioning those arrangements needed to secure it”, and “the capacity of a lawyer’s life to offer fulfillment to the person who takes it up”. 2 For an historical account of this battle see Christopher Bayly and Tim Harper, Forgotten Armies(Penguin, 2004), and Donovan Webster, The Burma Road: The Epic Story of the China-Burma-India Theater in World War II (Perennial, 2003). 3 Cited in Paul Cartledge, Thermopylae: The Battle that Changed the World (Overlook, 2006).

Praxis Apr-June 2013 17 Features/Articles

Opening Speech by Lim Chee Wee, President, Malaysian Bar, at the Seminar Entitled “The Struggles of the Orang Asli and Other Minorities in Malaysia” (7 Dec 2012) Photos by Md Faizal Mahat

This seminar is being held in conjunction Part C. Indigenous Communities the majority of the people, perceive to be with Human Rights Day 2012. the greater good of the nation state. Indigenous communities worldwide, Part A. Salutations and more so indigenous minorities, have In spite of the magnitude of these endured unprecedented dispossession, challenges, indigenous minorities have Our special friends the Orang Asli, Your marginalisation and discrimination in tenaciously fought for their own place in Excellencies, distinguished guests, and preserving and developing their continued the sun. Closer to home, the Orang Asli of ladies and gentlemen. existence as peoples in accordance Peninsular Malaysia and natives of Sabah with their own cultural practices, social and Sarawak, who collectively constitute Part B. Introduction institutions and legal systems. They face almost eight per cent of the Malaysian and are forced to overcome overwhelming population, face similar challenges It is a reflection of the critical importance odds in existing, progressing and enjoying despite being afforded varying degrees of of the theme of this seminar that the Bar development on their own terms and in constitutional protection. But yet again, Council through its Committee on Orang accordance with their own priorities. Orang Asli and the natives of Sabah and Asli Rights and Human Rights Committee, Sarawak have demonstrated extraordinary and the National Human Rights Society At the heart of this struggle are indigenous perseverance and tenacity in asserting (“HAKAM”) have come together to customary lands and territories, which their rights in the face of opposition, and collaborate in organising this one and a provide indigenous communities at times, extreme adversity. half day seminar on the challenges faced cultural, social, and economic vitality. by the Orang Asli of Peninsular Malaysia Unfortunately for these communities, From a rights-based perspective, it is and other minorities in Malaysia. land is equally seen by many as a valuable however important to appreciate and The human rights of Orang Asli and other resource and commodity, fit only for understand the acute challenges faced by Minorities are most appropriate as the commercial exploitation in the name of the Orang Asli of Peninsular Malaysia in theme for a seminar held in conjunction development, progress and the creation their struggle for the recognition of their with World Human Rights Day 2012, of material wealth. This inherent tension rights. celebrated across the world annually on is exacerbated by state control over land 10 December. and the need to use land productively for The weak demographic position of the what governments and in many instances, Orang Asli contributes to their lack of

18 Praxis Apr-June 2013 Features/Articles

political strength, representation and the rights to life, equality, and property personalities from the legal profession, clout. The relatively smaller land mass of respectively, must be jealously guarded academia and rights activism who are Peninsular Malaysia and the population and liberally interpreted for all peoples of passionately committed to upholding density of Peninsular Malaysia that is at our land, including the Orang Asli. and protecting the indigenous land and least four times that of Sabah and Sarawak education rights and in general, minority intensifies the grabbing of Orang Asli With this context on mind, I am confident rights. There are also two international lands. Compounding these problems is the that this seminar will achieve its underlying experts whose knowledge and experience relatively weak socio-economic position of objective of creating awareness and in the areas of Australian native title and the Orang Asli of Peninsular Malaysia. As sympathy for the threats that continue international indigenous rights will be of at the end of 2010, Government statistics plague Orang Asli identity and land, and great assistance in forging a way forward reveal that the poverty rate amongst the accordingly their existence as indigenous for the recognition and protection of Orang Asli is 31 per cent, more than eight peoples. In the course of the next one and indigenous minority rights in Malaysia, times the national average. a half days, I am also confident that many and certainly Orang Asli rights. To provide human rights issues affecting minorities a practical and perhaps a more poignant Perhaps more importantly for the generally will come to the fore. view of the land issues facing Orang Asli, purposes of this seminar, the Orang Asli there are two dedicated sessions where have poorer constitutional protection These issues are by no means endemic you can hear from the Orang Asli and where the recognition and protection to indigenous minority communities. The natives of Sabah and Sarawak themselves. of Orang Asli identity and lands is left problems faced by indigenous minorities in the hands of the Federal government must be overcome in order for Malaysia Last but surely not least, on behalf of the as protector of the Orang Asli. History to holistically progress towards becoming weak and vulnerable, I call on members has shown that their “protected” status a just, fair, inclusive and egalitarian of the Bar to volunteer and represent has on many an occasion worked to the society; a promise often made by our the underprivileged and marginalised disadvantage and indeed, the peril of Honourable Prime Minister. The measure members of our society in their efforts Orang Asli “indigeneity”. In this regard, of an egalitarian and progressive society to assert and protect their constitutional their predicament is comparatively must surely have regard to how it treats rights as minorities and citizens of different from that of the natives of the rights of its most vulnerable, including Malaysia. This seminar provides a great Sabah and Sarawak who possess stronger indigenous minorities. Fundamental starting point for willing members of the constitutional protection in respect of liberties for the protection of inalienable Bar to be part of a just and worthy cause their identity, native law and customs and rights should be available to all and not and the Bar’s untiring efforts in protecting reservation of quotas. be dictated by majoritarian politics. Society and upholding justice and the rule of law. must view any violation of such rights The disparate and discriminatory with repugnance. Again, it is my earnest On that note, I wish all of you an enjoyable constitutional treatment of ethnic Malays, hope that this seminar will lead to more yet contemplative one and half days natives of Sabah and Sarawak and Orang awareness, appreciation and education on ahead. Asli cannot be overemphasised and is these important issues. certainly an important issue that must be revisited by law reformers should The programme for this seminar is, if I may Thank you. there be the will to effectively recognise say so, a mouth-watering prospect for indigenous minority rights in Malaysia. The participants. I note that the speakers and Lim Chee Wee fundamental liberties available under Part moderators lined up over the next one and 7 Dec 2012 II of the Federal Constitution, including a half days include a number prominent Praxis Apr-June 2013 19 Features/Articles

Climate Change: The Mother of All Environmental Human Problems and the Biggest of Human Rights Violations by Roger Chan Weng Keng¹

“This planet has – or rather had a problem, which was this: most We can start at the point by saying life on this planet begins of the people living on it were unhappy for pretty much of the with the Sun. The laws of Physics ensure that sunlight passes time. Many solutions were suggested for this problem, but most through the atmosphere and warms the Earth surface. The heat of these were largely concerned with the movements of small is radiated back to space. However most of the heat is absorbed green pieces of paper, which is odd because on the whole it by greenhouse gas molecules in the atmosphere and re-emitted wasn’t the small green pieces of paper that were unhappy”. in all directions warming the surface of the Earth at “just right”² temperature (15 degrees Celsius) for life to exist. Now, if we move Douglas Adams away from Earth to two other planets, the physical laws yield a The Hitchhikers Guide to the Galaxy greenhouse temperature of minus 50 degrees Celsius for Mars representing the cold extreme and plus 450 degrees Celsius for Earth Hour is a simple appeal event for people and businesses Venus representing the hot extreme. This is attributed to there to turn off their lights for an hour so as to draw attention to being little gas in the atmosphere of Mars compared to the Climate Change. So on one Saturday night in the month of atmosphere of Venus, which has so much carbon dioxide several March this year, the Kremlin, the Eiffel Towel, the Empire State hundred degrees more than that of Earth. The hot extreme is Building along with a slew of other landmarks the world over enough to melt lead. Venus is said to have a runaway greenhouse went into darkness. Only thing this time it was deliberate. While effect that is irreversible or what is referred to as The Venus this symbolic gesture cannot be belittled, consciousness can be Syndrome. The question to ask now is could the high gear of our more useful if we appreciate the magnitude of the problem. This modern civilization push planet Earth beyond its tipping point and article therefore attempts to address this area of concern, the head towards such a syndrome? It could, given business as usual history of the interplay of socio-economic forces and that of the for which most of us are acquainted. environment, the case for Climate Change litigation, and the need for bold steps to invoke the Precautionary Principle to deal Now to justify the second point: Climate Change as the biggest with matters of legal uncertainty. of human rights violations. By saying that, it is not suggested that Climate Change is worst than other forms of human rights The Magnitude of the Climate Change Problem violations like genocide or degrading, inhumane treatment or torture. However, the overall human misery arising from a Two points must be justified to sustain the title at the outset. First, Climate Change crisis can easily far exceeds any series of human that Climate Change is the mother of all environmental problems. rights violations so far witnessed in human history. It follows that To do that there is a need to clear up a possible confusion over the fundamental right to life can never be taken more seriously in the words “Climate Change”. Climate, an average reading of this context. But how then could the potentiality of the Climate weathers over long periods of time does change, that is not Change problem be so real? Perhaps a brief historical analysis can disputed. However, if that change has been brought about by paint the picture. human causing agents (collectively referred to as anthropogenic greenhouse gas emission) to the point of creating a climate crisis, The Progression in the Capacity of Humankind to Desecrate then Climate Change is a different matter altogether. The chief the Environment till Tipping Point and biggest culprit amongst these agents has been indisputably identified by the scientific community as carbon dioxide (“CO2”). Long before the Agricultural Revolution 10,000 years ago, the This is like putting it as a figure of speech, because CO2 is merely human species were hunter-gatherers. Archaeological records molecules. Perhaps it is not so difficult to argue because humans show that man-made artifacts have hardly changed over a million are the ones who are doing the talking. In the interplay of species years, consisting mainly of stones tools and weapons that were as combined players in nature, Climate Change has somehow crudely shaped.³ Whether human beings then led a dull life would been a convenient euphemism for environmental terrorism. We entirely depend on our point of view. But what we can at least have laws against murderers and terrorists but what about laws hypothesise is that if the condition of early humankind and their which are almost non-existent for those who put the lives of a environment were to be one of tension, then the odds seemed billion people at risk? What sort of environmental terrorism is to favour the natural environment as the rudimentary tools of alluded to here? Let me explain the worst case scenario, which is human survival were no match for total management and control irreversible: the runaway greenhouse effect. let alone eventual destruction of the environment.

20 Praxis Apr-June 2013 Features/Articles

The transition to the Agricultural Revolution was not without some How Bad is the Situation and the Status Report So Far? dents on the environment, despite limitations of technological innovation. Jared Diamond, renowned author of Collapse: The Intergovernmental Panel On Climate Change (“IPCC”) Fourth How Societies Choose to Fail or Succeed suggests that early Assessment Report declared unequivocally that most of the agriculturalists did exploit the environment leading to ecological observed increase in globally averaged temperatures since mid- collapse and destruction of whole societies. This was probably 20th century is very likely due to the increase in anthropogenic undertaken proportionately to the strength of their capacity when greenhouse gas concentrations. This has advanced since the compared to what was largely left environmentally unscathed. (3rd Assessment Report’s) conclusion that “most of the observed warming over the last 50 years is likely to have been due to the The Agricultural Revolution saw a slide from hunting-gathering increase in greenhouse gas concentrations”. Comparing the to cultivation of plants and pastoralism. It led to increased food 3rd and 4th Assessment Reports, there is a dramatic shift in the production and capacity to support larger populations at some probability scale by a significant margin from likely to very likely. of the early cradles of civilisation in the valley of Tigris-Euphrates, Probability in percentage term could now reasonably be translated banks of the Nile, and in China. Somehow it exerted new pressures in highs of 80-90 Per cent. According to an update in scientific on the physical environment both directly and indirectly. For findings, in order to stabilise greenhouse gas concentrations at instance, this was the first time people understood the concept the level of global warming between 2.0 to 2.4 degrees Celsius of a home, hence encroachment to clear and compete for space (already an increase from the previous upper level of 2 degrees), and resources of the environment. The indirect pressure came “then global emissions should, theoretically, be reduced by 60- from specialisation when trades and professions sprouted, such 80% immediately, the actual amount being dependent upon the as potters, blacksmiths, and weavers who traded their skills for amount that will be taken up by oceans and land”4 Adding to food; meaning the need for more tracts of land in cultivation and this, time is running out though ironically nobody is exactly sure animal husbandry, as derived from the physical environment. how much time we have. Yet at a glance, the identification of culprits and potential victims of its catastrophic impacts is not The Industrial Revolution then took a great leap in terms of that difficult to pin-point and the urgency of the situation is felt. capacity to harness and exploit the natural environment in the name of progress and better living standards. Whether this event Identification of Carbon Emitters, Culprits, Victims, and did make way for progress is highly controversial, but taking a Impacts rather long view, what it tells – between this stage of history until present – is that the capacity to exploit nature has not only The biggest emitters of CO2 emission can be traced to sources increased, thereby increasing the magnitude of devastation in that conduct massive burning of fossil fuels. In fact, official report terms of the extent and acceleration of environmental destruction cards on carbon emission can be used as a barometer to determine at the hands of its wielder, but that that increased capacity is also the extent of contribution by these sources. Some of the major enough to even destroy the wielder of that power or capacity target areas that could fit the list would be motor-car industries, and everything that goes with it. It was earlier mentioned that petro-chemical industries, utility and energy companies, coal- the worst case scenario is the tipping point. The practical fact is mining plants, airlines and the like. Alternatively, it could be traced at some point before the tipping point, all of us would be done to the countries involved. For instance, some writers point to the for. This may sound like alarmist thinking but we can make out fact that the biggest human rights violators are from another a fair assessment of that as a basis to take the Climate Change part of the world, such as the US and to a lesser extent Europe. issue seriously.

Praxis Apr-June 2013 21 Features/Articles

These are the countries that have burned massive amounts of being reduced to legal hocus pocus if the plaintiffs are unable fossil fuels and benefited since the Industrial Revolution but some to discharge that burden. Complicating this problem will be the other countries in another part of the world are vulnerable and question of distributing causal responsibility, as more often than are paying the price for already felt effects of Climate Change. not, there will be multiple contributors. Then there is the historical- The environmental-human rights implications are far-reaching. An geographical dimension of the problem namely retroactivity and ex-President of Maldives has recently declared to the world that attribution to those entities that may no longer exist. Assuming his country is sinking every year as a result of a steady Climate all these problems are “magicked” away, a draw when the Change-induced rise in sea level. As for other impacts, we can evidence are equally balance, would also mean a loss as the expect a steady but significant rise in average global temperature burden threshold will still not be met. Most legal systems of the that could bring about havoc on food production, unequal and world work in this fashion as they are set up to shun uncertainty. extreme precipitation leading to a rise in sea level, drowning It is, therefore, to uncertainty that the Precautionary Principle of island States and coastal areas, potentialities of war over (“PP”) under international law can address and assist Courts to freshwater supplies and migration and death of species in land come nearer to the truth in the Climate Change equation. Some and oceans if we continue business as usual. And this is only interpretations of it even entail a reversal of the burden of proof putting it mildly assuming that no obsession of GDP or economic in a risk-minimising situation. But what is of value in PP is that it growth rate overrides the international Climate Change agenda is reflected in the International Climate Change Policy. The lowest by taking business beyond what is usual. common denominator of PP for example, is clearly spelt out in art 3.3 of the United Nation Framework Convention on Climate The Case for Climate Change Litigation Based on the Change (“UN FCCC”) requiring participating parties to take Polluters Pay Principle “…..precautionary measures to anticipate, prevent or minimize It has already started in the US, where Climate Change suits the causes of climate change and mitigate its adverse effects. contain both damage and preventive remedy components. Where there are threats of serious and irreversible damage, lack California v General Motors Corporations5 saw the State of of full scientific certainty should not be use as a reason for California taking motor vehicle manufacturers to Court for postponing such measures, taking into account that policies significant carbon emission of their vehicles, causing an increase and measures to deal with climate change should be cost effective in the average winter temperature in the Sierra Nevada region so as to ensure global benefits at the lowest possible cost. To and resulting in a reduction in the snow pack, a major water achieve this, such policies and measures should take into account source. Comer v Murphy6 was another Climate Change action different socio-economic contexts, be comprehensive, cover all against public utilities, coal mining and chemical manufacturing relevant sources, sinks and reservoirs of greenhouse gases and companies for their contribution to global warming resulting in adaptation, and comprise all economic sectors”” (emphasis Katrina, a hurricane of unprecedented intensity. In Native Village added) of Kivalina v ExxonMobil Corp., et al,7 the plaintiffs claimed global warming was forcing the entire village of Kivalina to be I now move to dispose the arguments from economic apologists. abandoned, through reduction in the protection of sea ice from The right to develop is and has always been seen to be a strong coastal storm waves and surges. Though these suits were largely rallying point. Sometimes that right is presented as a matter of unsuccessful, they could provide valuable insight on how to guide economic choice. The argument is we are heading for an equal environmental laws in other jurisdictions so as to beat a path disaster if funds and capital are not moved fast enough so as to towards Climate Change litigation. One question to ask in this ease the conditions of those millions who are equally vulnerable. regard is whether we should dismantle the traditional common This means that the generation of growth is more imperative law structures and treat Climate Change suits as a special kind otherwise where would we get the funds for Climate Change of litigation so that environmental lawyers and courts can play a control and adaptation projects and for research into renewable far more effective role in regulating greenhouse gas emissions. energy? On the face of it, it seems we have to choose between This role can be better appreciated if we can foresee some of two equal disasters. But ponder this: the environmentalist has the inherent challenges in applying the common law of torts never questioned the right of the economic apologist to develop. principles to a Climate Change suit. The other challenge of the He only questions his right to develop unsustainably. Climate Change question will be those from economic apologists revolving more or less around the right to develop. 1 Roger Chan Weng Keng is the Co-Chairperson of the Bar Council Environmental and Climate Change Committee (“ECC”) and also Co-Deputy Chairperson Challenges in Climate Change Litigation and Use of the of the Bar Council Human Rights Committee (“HRC”) at the time of writing. Precautionary Principle 2 “just right” here denotes not too hot and not too cold, science has it that it is around 15 degrees Celsius. Historically the common law of torts was not designed to address 3 “Cro-Magnon’s The Tale”, Richard Dawkins, The Ancestor’s Tale, p 35. global warming cases. Not a single lawmaker thought of that in 4 Refer to note 5; Jaap Spier, “High Noon: Prevention of Climate Damage as the early stages of environmental laws promulgation. the Primary Goal of Liability?”, Michael Faure, Marjan Peeters (eds), Climate Change Liability (New Horizons in Environmental and Energy Law Series). The level of causal uncertainty in Climate Change litigation is 5 California v General Motors Corporations, et al, Case No C06-05755 MJJ, ever present because emission of CO2 respects no national or Order Granting Defendants’ Motion to Dismiss (ND. Cal 2007), p 2. international boundaries. This means extremely heavy burden of 6 Comer v Murphy Oil, 2009WL3321493 (CA5(Miss). proof is required when compared to standards used in ordinary 7 Native Village of Kivalina v ExxonMobil Corp, et al Complaint Case No 08- public nuisance cases. There is a danger of Climate Change suits 1138 (ND Cal 2008).

22 Praxis Apr-June 2013 Everdynamic Enterprise(001915015-W) Tel:03-7785 1725 Fax:03-7784 1725 E-mail:[email protected] Binding Services Knowing Your Needs & Fulfilling Them With APPRECIATION, COURTESY & RESPECT

Legal Book- Professional Legal Binding Services Represent both CLJ, Book-Binder (malaysia’s Leading Law Publisher)

OUR SERVICES : • Professional Quality • Fast & Effective • Order by SMS, E-Mail or call us • Free Collection and • Free Delivery to your door-step, with a smile☺

Some Examples of Publications Bound : • CLJ • MLJ • AMR * Bar Committee member further discount * • QLR and Please Do Not Hesitate • Secondhand To Contact Us For Law Journal & LawBooks More Information • Others 016-222 6047 (Sue) Features/Articles

Cross Border Transaction in Islamic Finance: Standardisation Does Matter by Hakimah Yaacob1

Introduction Centre Authority (‘UAE’).7 The fourth body is the Islamic International Rating Agency (‘IIRA’).8 The Islamic International Rating Agency (IIRA) started The standardisation in this article is meant for a uniformity of legal operations in July 2005 with a mission to ‘facilitate development of the framework and does not intend on any matters related to hukum or Shariah regional and national financial markets by delineating relative investment legal ruling. When standardisation denotes to legal framework in the eyes or credit risk, providing an assessment of the risk profile of entities and of conventional law, then this article on standardisation does reflect on the instruments’. As the sole rating agency for capital markets and the banking uniformity of legal framework or interchangeable use with standardisation sector in predominantly Islamic countries, the IIRA assists the Islamic to govern the cross border transaction in Islamic finance. There are many financial services industry to gain recognition locally and internationally as definitions of standardisation. According to Investopedia, standardisation strong and capable financial institutions adhering to greater standards of can be defined as: disclosure and transparency. Its mission is to support the development of the regional capital market and to improve its functioning. A framework of agreements to which all relevant parties in an industry or organisation must adhere to ensure that all processes associated Apart from the above bodies, there are some other international with the creation of a good or performance of a service are performed organisations that publish authoritative opinions that have been referred to within set guidelines. This is done to ensure the end product has by Islamic financial institutions and agencies across the globe; for example, consistent quality and that any conclusions made are comparable with the International Islamic Fiqh Academy of the Organisation of the Islamic all other equivalent items in the same class.2 Conference (‘OIC Fiqh Academy’).9

The Existing Standards-Issuing Bodies It is certain that these institutions can play a major role in developing Islamic finance and bringing it to a more standardised level, which will benefit this There are currently four recognised bodies that issue the standards. industry. However, although the abovementioned international standard- However, these bodies only issue standards that do not amounted to any setting bodies have outlined, developed and published standards, fatwas binding effect should any country wish to adopt. Briefly, the Accounting and resolutions on Islamic financial matters, not all countries comply with and Auditing Organisation for Islamic Financial Institutions (‘AAOIFI’)3 these standards or resolutions. Hence, the divergence of opinions among was established on 26 Feb 1990 in Algiers according to the agreement of Muslim scholars, particularly between Malaysia and countries of the Middle association which was signed by Islamic financial institutions and registered East, persist. on 27 Mar 1991 in Bahrain as an international autonomous non-profit corporate body. The main objective of the AAOIFI is to develop accounting, Why Does it Matter? auditing, governance and ethical thought relating to the activities of Islamic financial institutions, taking into consideration those international Standardisation does matter when it comes to international commercial standards and practices that are consistent with the rules of the Shariah. It law and cross border transactions. This is to avoid any transaction relating also harmonises the accounting policies and procedures which are adopted to Islamic finance from ending up in the English court of law. It is rightly by Islamic financial institutions through the preparation and issuance of pointed out that different opinions on similar issues given by different accounting standards and its interpretations of the same. The AAOIFI’s most schools of thought may create confusion among the general public as well recent standards publications are Shariah Standards 2010 and Accounting, as among practitioners of Islamic finance.10 The four recognised mazhab or Auditing, and Governance Standards 2010. The second body is the Islamic Shariah schools of thought do play an important role in addressing issues Financial Services Board (‘IFSB’)4 which is based in Kuala Lumpur and was pertaining to the growth of Islamic Finance. However, again standardisation established on 3 Nov 2002 and commenced its operations on 10 Mar is needed to have legal certainty at a global phase. Thus, standardising the 2003. The IFSB is an international standard setting body of regulatory rulings would make it easier for contracting parties and ordinary people to and supervisory agencies that aim at ensuring the stability and soundness better understand them. of the Islamic finance industry by issuing prudential global standards and guiding principles for the industry, including the banking, capital markets The lack of standardized religious decisions leads to uncertainty, and insurance sectors. It is also active in conducting research on industry- confusion, and unease among scholars and investors. This situation related issues, as well as organising roundtables, seminars and conferences restricts the industry from reaching its potential because a number for regulators and industry stakeholders.5 The third body is the International of inefficiencies arise from the lack of standardisation. For example, Islamic Financial Market (‘IIFM’).6 The International Islamic Financial Market different interpretations of Shariah mean that one Islamic bank (‘IIFM’) is another non-profit standard-setting body of the Islamic financial may not be able to accept or use as a model another Islamic bank’s services industry. It was founded by the collective efforts of the Central Bank products, which can stifle the integration of Islamic finance at both the of Bahrain, Bank Indonesia, the Central Bank of Sudan, Labuan Financial national and international levels.11 Services Authority (Malaysia), Ministry of Finance (Brunei Darussalam) and Islamic Development Bank (a multilateral institution based in Saudi Arabia). The lack of standardisation of Islamic banking products across the different Besides the founding members, the IIFM is supported by its permanent jurisdictions creates obstacles at the international level. Apart from reducing members, the State Bank of Pakistan and Dubai International Financial confusion and increasing efficiency, standardisation would increase

24 Praxis Apr-June 2013 Features/Articles

consistency and transparency, reduce costs and provide more time for be another option. However, one may raise a question on how many innovation.12 One of the suggested solutions (although it may not be the arbitrators are experts in Islamic finance, which is another issue. perfect one) would be to establish an International Shariah Board that consist of members from all schools of law and whose decisions will be Conclusion mandatory for all jurisdictions.13 It is submitted that an effective legal framework at the international Without standardisation, it will cause problems in the long run. An example level is a paramount consideration in ensuring the resilient development of a problem caused by the lack of standardisation is the plan by Japan Bank of Islamic finance. This can be achieved by creating a framework that for International Cooperation (‘JBIC’) to issue sukuk. JBIC was about to issue is accommodative, that facilitates the development of the industry and its first sukuk in May 2008. Two respective banks were selected to arrange ensures the enforceability of Islamic financial contracts. This makes the the deal, namely Citibank of Dubai and CIMB Malaysia. However, due to the establishment of a credible forum for the settlement of legal disputes disagreement that existed between the Shariah boards of the two banks on arising from Islamic finance transactions a matter of pivotal importance. The whether the sukuk were Shariah compliant, the sukuk issue was delayed. industry and supervisory authorities should not hesitate to take the lead in As a result, the deal had to be restructured from the original murabahah spearheading the development of Islamic finance through the issuance of structure to musharakah. All of this created additional problems in terms of clear policy decisions and directions from which market players could be time, cost and frustration for the issuer.14 certain in their involvement. This is to avoid any legal and Shariah risks in the future. It would probably help in avoiding stigma at the international Besides risks in international and cross border, there are other risks level. Indeed, such a convention needs to be carefully formulated to avoid associated when Shariah when the transaction involving Islamic finance causing any confusion to the industry. The purpose of such a provision end up in the English court and will be decided according to English law. would be to support the market, smooth out lingering legal anomalies Perhaps a lesson could be learnt from the Shamil v Beximco and Shymphony with the conventional system and induce greater legal standardisation and Gem’s cases. Shamil’s case shows that English law has been decided as convergence. the governing law. Thani and Othman (2008) produced another important study that involved 30 countries where Islamic financial institutions are Malayan Law Journal Articles [2012] 5 MLJ lxxxvi known to have presence by covering all three types of major legal systems including the civil law systems, common law systems and Shariah systems. 1 Researcher at International Shariah Research Academy for Islamic Finance (‘ISRA’) Regardless of the outcome, authors are of the view that the approaches and can be contacted via [email protected] or [email protected]. The article is of personal opinion and observation of the author on her capacity as a research that have been taken so far have been useful at the domestic level. When it academician and does not represent any view of the organisation attached. comes to a legal framework at the global level however, as proposed in this 2 See Investopedia 2010, ‘Standardisation’. Retrieved 15 April 2010, from http://www. paper, standardisation and a specific legal framework are vital. investopedia.com/terms/s/standardisation.asp. 3 For more details, refer to the AAOIFI’s website: http://www.aaoifi.com/ 4 For more details, refer to the IFSB’s website: http://www.ifsb.org/ International commercial law in Islamic finance consists of four main rules. 5 As at August 2010, IFSB had 195 members comprising 52 regulatory and supervisory Firstly, party autonomy rules in interpreting the contract according to the authorities, six international inter-governmental organisations, and 137 market players, wishes of both parties. It provides the rules for interpreting the intention of professional firms and industry associations operating in 40 jurisdictions. Among the both parties to the contract and fills in any gaps that the parties may have main objectives of the IFSB is to develop a transparent and prudent Islamic financial services industry by introducing new, or adapting existing, international standards left out. The second issue is the payment system. By providing an alternative consistent with Shariah principles. So far, the IFSB has issued 12 Standards, Guiding payment mechanism, the law in this area provides the choices for the Principles and Technical Notes for the Islamic financial services industry, including the parties on how to minimize the risk of non-performance. The third area of areas of Risk Management (IFSB-1), Capital Adequacy (IFSB-2), Corporate Governance concern is the security of the transaction. If there is no standardisation at (IFSB-3), Transparency and Market Discipline (IFSB-4), the Supervisory Review Process the international level, how convincing is the investment and return of the (IFSB-5), Recognition of Ratings on Shariah-Compliant Financial Instruments (GN-1), Development of Islamic Money Markets (TN-1), Governance for Collective Investment investment in the case of a default? The fourth concern in international Schemes (IFSB-6), Special Issues in Capital Adequacy (IFSB-7), Guiding Principles on law is on bankruptcy law. It sets out various rights of conflicting investors Governance for Islamic Insurance (Takaful) Operations (IFSB-8), Conduct of Business when there is a business failure or financial distress and outlines the future for Institutions Offering Islamic Financial Services (IFSB-9) and Guiding Principles on deployment of the assets that are traded. the Shariah Governance System (IFSB-10). 6 For more details, refer to the IIFM’s website: http://www.iifm.net/ 7 See http://www.isda.org/newsletters/Issue2-2010/_access/Issue2-2010.html The Way Forward 8 For more details, refer to the IIFM’s website: http://www.iirating.com/ 9 More information about the OIC Fiqh Academy is available at www.fiqhacademy.org. The world has seen the shift in recognising the Islamic Human Rights sa. concept via the Cairo Declaration. This issue has been taken up by the 10 See Khir, K, L Gupta, et al, 2008, Longman Islamic Banking: A Practical Perspective, Petaling Jaya: Pearson Malaysia Sdn Bhd, at p 312. Organisation of Islamic Countries (‘OIC’). However, Islamic finance involves 11 See Shanmugam, B and ZR Zahari, 2009, A Primer on Islamic Finance, Charlottesville, not merely the Muslims. It is applicable around the world and it also applies VA: Research Foundation of CFA Institute, p 93. to the non-Muslims. The concept needs certainty in the international legal 12 See Al-Jassar, J, 2002,. Islamic Finance: Successes, Prospects, and Neglected Areas, framework. Islamic Finance: The Task Ahead -- Proceedings of the Fourth Harvard University Forum on Islamic Finance; Cambridge, Massachusetts: Center for Middle Eastern Studies, Harvard University: pp 173-176, Shanmugam, B and ZR Zahari, 2009, op cit; Smolo, There are currently 39 conventions for the harmonisation of the rules on E, 2009, Sustaining the Growth of Islamic Financial Industry: What Needs to Be Done? private international law and for the promotion of international judicial Islamic Finance Bulletin (RAM) October-December (26): pp 15-23; Alvi, I, May 2009, and administrative co-operation in civil and commercial matters. However, Standardisation of Documentation in Islamic Finance & Role of the International Islamic Financial Market (IIFM), Islamic Financial Sector Development (IFSD) Forum 2009, the OIC can take the lead to propose a specific international convention Ashgabat, Turkmenistan. for Islamic finance. This is vital in order to cope with the market growth. 13 See Kamal, RM, 2008, Standardisation, the Password to Progress, Islamic Finance Recognising the capacity of the member states, the authors are of the view Asia, August/ September: pp 28-30, Shanmugam, B and ZR Zahari 2009, op cit. that the OIC should promote the issue at The Hague. This lobbying process 14 See Kamal, RM, 2008, op cit, pp 28-30. must be supported by the Asian African Legal Consultative Organisation (‘AALCO’). Apart from these, the Alternative Dispute Resolution has to

Praxis Apr-June 2013 25 LN New Releases (Apr - Jun 2013) ad - Praxis_Layout 1 6/7/13 10:40 AM Page 1

LexisNexis® New Releases (April – June 2013)* *Publication date subject to change

Malaysia LexisNexis® - A Quick Reference Malaysian Revenue Law Income Tax Act 1967 – Case Digest With relevant subsidiary Author: Dr. Choong Kwai Fatt legislation 2013 Edition This book is a compilation of the Income Tax Act 1967 and relevant This is a comprehensive tax case digest for Malaysia. It provides a subsidiary legislation, published in an easy to refer handbook. The Act succinct summary of the cases is further enhanced with features such is updated as at 31 March 2013 with the latest amendments from the as topical headings, cross references to its appeal case, giving the Finance Act 2013 (Act 755). The amendments to the Act are reader a holistic view of the principles of the case. This is a very handy reproduced as History Notes with relevant case references to serve as and convenient reference source that will prove particularly useful a useful research tool for tax practitioners. when researching relevant tax cases in the event of a tax appeal or even in the formulating of tax planning by companies that will be in conformity with judicial interpretation of the tax laws. LexisNexis® The Malaysian Annotated Statute Arbitration Act 2005 Series: (Amended 2011): Conveyancing An Annotation Author: Datuk Sundra Rajoo This one of a kind publication is a compilation of two of the most critical legislations for conveyancers, namely The Housing This is a handy one volume reference for an overview on Arbitration in Development (Control & Licencing) Act 1966 and The Real Property Malaysia, it is the ﬁrst publication updated with the 2011 legislative Gains Tax 1976. Both Acts come with in-depth annotations, which reforms. The book starts with a commentary on the overall Malaysian experience in arbitration, relevant legislative reforms, the UNCITRAL contain case references and relevant cross jurisdictional legislations. Model Law, the 2011 legislative reforms and the use of case law, The book also includes history notes of past amendments and legislation and codes. This is followed by an in-depth annotation of the relevant subsidiary legislations as an appendix. Arbitration Act 2005 and the reproduction of the UNCITRAL Model Law. The last part of this book provides a write up about the KLRCA and their commentary on the relevant Rules. LexisNexis® LexisNexis® Annotated Statute Annotated Statute Series: Series: Dangerous Drugs Law Bankruptcy This unique publication is a compilation of annotated Dangerous Drug related legislations, namely the Dangerous Drugs Act 1952 with the This book will keep you updated with the changes to the Bankruptcy relevant subsidiary legislations as an appendix, as well as the Act 1967. In this book each section of the Act is followed by extensive annotated Dangerous Drugs (Special Preventative Measures) Act 1985 and helpful annotations. The annotations explain the provision and and Dangerous Drugs (Forfeiture of Property Act) Act 1988. Research make references to relevant case law and foreign legislation. is made easier with history notes of past amendments, case Supporting the Act and presented in full are three relevant subsidiary references and relevant legislation references including cross legislation; Bankruptcy Rules 1979, Bankruptcy (Cost) Rules 1969 and jurisdictional legislations, where necessary Bankruptcy (Fees) Rules 1969. Legal practitioners, corporate counsels, business professionals and students will ﬁnd this book indispensable.

To order, please contact our Helpdesk at Tel: 1800-88-8856 or Email: [email protected] or Twitter: @HelpLNMY A New Collection to Make Your Work Lighter ad - Praxis_Layout 1 4/23/13 5:04 PM Page 2

Singapore

The Law and A Practical Guide to Practice of Singapore Data Singapore Income Protection Law Tax, Second Edition Author: Winnie Chang Authors: Pok Soy Yoong, Ng Keat Seng, Steven M Timms and another 52 tax professionals The Personal Data Protection Act 2012 ushers in the new data The first edition of The Law and Practice of Singapore Income Tax was protection regime in Singapore. This book will introduce you to the one of Singapore’s bestselling titles in taxation. Now the much Personal Data Protection Act and provide general guidance on anticipated second edition has been contributed to by 55 of the best complying with the Act. It summarises the new legislation and offers tax professionals, and features 48 chapters (an increase of 24 practical tips to make compliance with the legal requirements easier. It chapters). The book draws on the expertise of the best tax minds in provides key insights and guidance, by looking at the typical life cycle of the tax community to share their knowledge, expertise and experience personal data processed in any private organisation, from collection, in their own areas of specialisation. This publication is technical, yet storage, use to disposal of the personal data. practical. It provides current and relevant case law commentary which is highly critical towards understanding and interpreting the law as it stands today. Sale of Ships Under The Singapore Form LexisNexis® Authors: Charles Debattista & Annotated Statutes of Filippo Lorenzon Singapore: Income Tax Act & Economic Expansion Incentives As the first book ever to dedicate itself to the explanation of the sale of ships under the Singapore Sale Form (SSF), it serves as a guiding light (Relief from Income to those new to the SSF and who wish to appraise themselves of the Tax) Act – pros and cons of using the Form. This book provides a detailed clause by clause commentary of the Form, the case law from which it has A Supplement drawn inspiration and the main differences between the Singapore text and the two editions of the Norwegian Sale Form. It also contains Author: Tang Siau Yan a number of tips on how to make the most of this new Form, providing the sale and purchase practitioner with the essential reference tool for This work is a section by section commentary of the Income Tax Act the negotiation, closing and enforcement of any ship sale, including the and the Economic Expansion Incentives (Relief from Income Tax) Act. details of Singapore arbitration proceedings. It pulls together updated and convenient reference information from various sources inclusive of subsidiary legislation, court judgments, board of review decisions, Inland Revenue Authority of Singapore circulars, Monetary Authority of Singapore circulars and Institute of Certified Public Accountants of Singapore guidelines. The Supplement updates the book with legislation and case law updates that had transpired since 29 February 2012, also taking into account the 2013 Budget.

To order, please contact our Helpdesk at Tel: 65-6349-0110 or Email: [email protected] Features/Articles

Federal Court Lifts Bankrupts’ Burden by KN Geetha, SK Mohan, RS Shalini, Yasodhaa GK Ganesan, and Akmal Jusoh

On 10 Jan 2013, the Federal Court in Ho Ken Seng v Progressive debts. Should one then be made a bankrupt? The DGI’s permission Insurance Sdn Bhd (Civil Appeal N0. 03(i) – 4 – 07/2012 (B)) ruled is required to appeal against the bankruptcy. If the DGI remains that a bankrupt is no longer required to obtain sanction from silent, or disagrees, that would be the end of that litigation. the Director General of Insolvency (“DGI”) to challenge or appeal against bankruptcy orders made by the Bankruptcy Court. The entire process of asking for permission (or what became known as “the sanction application”) became an administrative The bankrupt’s predicament arose from the construction of nightmare. In the year 2012, it was reported that there were at section 38 of the Bankruptcy Act 1967. Read plainly, section 38 least 250,000 bankrupts in the country. If at least 10 per cent of appeared to prevent bankrupts from “maintaining any action” in them had appealed against their respective bankruptcy orders, Court, except those involving personal injury, “without obtaining the DGI’s departments across the nation would not have been in prior sanction from the DGI”. a position to cope with the administrative load. The conditions to be fulfilled for the sanction involved enlisting a guarantor. The The story began this way: guarantor was required to make a solemn promise to the DGI that if the bankrupt’s appeal failed, the guarantor would indemnify the Ho Ken Seng was a guarantor. He had a judgement taken against DGI for all costs ordered against the bankrupt. There was further him for RM1.9 million. Bankruptcy proceedings then followed. red tape: the bankrupt’s counsel also had to ask for permission to He refused to take the defeat lying down. He protested that act for the bankrupt and give up any rights to any fees from either the judgment of RM1.9 million was completely erroneous, and the bankrupt or the DGI. Counsel was usually required to prepare further argued that he ought not to have been made a bankrupt. a written opinion on the chances of success of the appeal – all this had to be done within a period limited for appeals, usually within He was made a bankrupt by the registrar of the High Court, and 30 days, and free of charge. Unfortunately, not all DGI staff are so he filed an appeal to the High Court. A representative of the legally qualified. Yet these very officers had to peruse the opinions DGI appeared at the High Court and took the position that the and come to an informed decision whether or not to permit an DGI had “no objection” to Ho Ken Seng filing an appeal against appeal being lodged. Usually counsel’s opinion had to be referred his bankruptcy. Ho’s appeal was heard and dismissed at the High to a suitably qualified professional staff within the department. Court. Ho filed an appeal against that dismissal to the Court of All this took time, effort and wasted the valuable resources of the Appeal. DGI’s department, to say nothing of the difficulties faced by a bankrupt in getting the right lawyer to act for him free of charge, The respondent took a preliminary objection against the appeal or look for a sympathetic friend or a relative to pay his legal costs at the Court of Appeal, citing section 38. The respondent argued upfront. that a bankrupt was not competent to maintain an appeal at the Court of Appeal without sanction from the DGI. Ho’s lawyers These “sanction” applications were caught in a web of argued that he did not require DGI permission to be able file an bureaucracy, and appeals could not proceed for the insolvency appeal to the Court of Appeal. In November 2012, the Court of department was unable to act in time because of its heavy Appeal (in Ho Ken Seng v Progressive Insurance Sdn Bhd [2012] 1 administrative burden. MLJ 297; [2013] 1 CLJ 518) disagreed. The Court of Appeal held that the section 38 proscription also applied to appeals against all Before one delves into the dicta of the Federal Court, it may be orders, including the orders in bankruptcy proceedings (eg the act useful to go back a few years in history. of bankruptcy or the RO, AO (“Receiving Order and Adjudicating Order”)) made against the judgment debtor or a bankrupt. In 1974, in a case called Re Khoo Kim Hock [1974] 2 MLJ 29, This resulted in severe hardship upon a bankrupt. Section 38 Azmi Kamaruddin J (as he then was), decided that the right to granted an unfettered discretion to the DGI to evaluate whether appeal was not a right of property. Only property and rights of the bankrupt had merits to challenge the very orders made in property (including money, real or personal property and choses his bankruptcy proceedings. If the DGI’s office thought that in action, which are capable of being turned into assets for the the bankrupt did not have any chance of success it might, and estate of the bankrupt) passed into the hands of the Official usually does refuse to grant any such permission: the result being Assignee (“OA”) or DGI. If a person was declared a bankrupt the bankrupt losing his fundamental right of appeal. This view and he desired to appeal, he was not caught by section 38. He defeated what appeared to be his right of appeal enshrined in did not need the permission of the DGI to file an appeal, as it section 92 of the Act. That section clearly conferred an automatic did not involve his property. However, because this was only a statutory right of appeal to any aggrieved person. High Court decision, any other High Court Judge or Judges of a superior Court could disagree with the judgment. However, for It was, however, not a unanimous decision. Anatham Kasinather many years, that judgment held sway. In the late 1980s, a new JCA dissented and fell back on the reasoning of Re Khoo, opining trend emerged. The judiciary began to be divided in its opinion that Re Khoo had been rightly decided. whether such permission was or was not required. Some followed Re Khoo. Others did not. The decision in Ho’s case caused great difficulties to judgment debtors. One becomes a debtor because one cannot pay one’s

28 Praxis Apr-June 2013 Features/Articles

It came to a point where a judgment debtor, completely (2) That section 38(1)(a) of the Act is not relevant when a impecunious and having been defeated on all fronts, was forced bankrupt, an aggrieved person, invokes section 92(2) of the to accept the bankruptcy and could never return to Court, even if same Act. The Federal Court agreed with the decision in Re there were some merits in his case. Khoo Kim Hock and the minority judgment of the Court of Appeal in this case; On appeal from the Court of Appeal’s decision, the Federal Court held that the right to appeal was not property, that Re Khoo (3) That the assets of a bankrupt vests with the DGI upon was properly decided and that when a bankrupt was appealing bankruptcy. The DGI has the statutory duty to protect the against the very order that made him a bankrupt, he required no interest of the creditors of the bankrupt. As such the DGI approval from anybody including the DGI. would be put in an awkward or in a conflict of interest situation when he is being asked to sanction a step to be However, if the bankrupt was involved in actions other than the taken by a bankrupt that may run counter to the interest of bankruptcy action, whether as plaintiff or defendant, he would the creditors; require the permission of the DGI, and this stands to reason. If a bankrupt indulges in fruitless litigation, he could defray his assets (4) That it would be most unfair and unconscionable if a person is in a series of meaningless and ruinous litigation so as to frustrate being disabled and incapacitated, unless he obtains sanction his creditors. from the DGI, to challenge the very action that caused the disability and incapacitation. It would be tantamount to The Federal Court observed as follows: denying him his right of access to justice and probably his (1) That although the word “action” in section 38 of the constitutional right of appeal. Bankruptcy Act refers to a civil action or civil proceedings in Court, it should be restricted to a new and separate action The Federal Court decision restores the law to the proper position, and not the same upon which the bankruptcy was secured. protects the bankrupt’s constitutional right to due process and The Court also held that the scope of section 38(1)(a), other recognises that a judgment debtor has a fundamental right to a than the saving clause therein, should be limited to a new fair hearing. chose in action that could affect the assets or proprietary rights of a bankrupt intended for distribution to his creditors;

So you want to be a lawyer? spend more face time with clients. This is also a good opportunity to take more interest in stakeholder affairs, in order to prepare yourself for a management role. Are you considering a career in the legal profession but do not know where to Eventually, you can expect to be groomed by the firm’s Partners to be the next begin? Senior Associate or Partner.

The career path for a legal professional can be challenging for some, but it also 5 – 8 years’ PQE provides outstanding opportunities to learn and develop your expertise in this At this stage of the professional legal route, generally candidates find themselves industry. With the recent passing of the Legal Profession (Amendment) Bill in 2012, at Senior Associate positions. Due to their experience and maturity in handling more options have opened up to legal professionals seeking to carve a career in legal matters and clients, this is the best time to move in-house. Senior Associates this sector. are usually team leaders of a group of junior lawyers who cultivate people management skills. Depending on the scope of clients and your work portfolio, do Employers are willing to pay top dollar to hire the best legal talent in the market, try your level best to maintain good working relationships with prominent business and those with a solid foundation in private practice (handling mostly corporate/ leaders from other industries too. This can include clients from the Pharmaceutical, commercial work) are often highly sought-after. Hence, legal professionals IT/Telecommunications, Construction or even the Banking industry, just to name seeking to eventually take on Partner positions or move to in-house legal counsel a few. roles should start laying the groundwork within private practice – and gain the experience that is critical to help them pave their way to the top. 10 – 12 years’ PQE Once legal professionals are made Partners at this stage, they tend to stay put Here is the career progression route for a legal professional within private practice, in their private practice. Due to the sheer amount of work given, dedication and sorted according to years of post qualification experience: sacrifice that they have invested in this career, most Partners will only leave private practice to join corporate positions if they have been offered at least a senior Graduate – 3 years’ Post Qualification Experience (PQE) management or legal advisory role in multinational companies. Start your career by building a strong network base. Apart from taking the time to know fellow lawyers in the same firm, take time to add as many legal professionals This article is contributed by Sammie Sam, Associate as possible on credible social networks such as LinkedIn. Join legal job groups Director of Financial Services and Legal specialist and bar associations to expand your list of business contacts. There will be more recruitment divisions in Robert Walters Malaysia. She networking opportunities at events organised by the Bar Council of Malaysia or specialises in the placement of banking & financial services through alumni sessions hosted by various universities and legal firms. Towards the professionals as well as legal professionals across both second year mark, it is important to start identifying your area of specialisation. financial services and commerce sectors. Robert Walters For example, focus on specialist fields such as arbitration, litigation, corporate or is an award-winning business and one of the world’s commercial. Recently, we met with litigation lawyers wanting to move in-house leading international recruitment consultancies. For more as a corporate counsel. However, due to their lack of experience in handling information about Robert Walters Malaysia, please visit corporate/commercial work, organisations were rather reluctant to hire. Robertwalters.com.my. Sammie can be contacted at [email protected]. 3 – 5 years’ PQE Generally, most legal professionals would have been promoted to the level of a Junior Associate. It is advisable to take a step back and start prioritising the previous contacts you have made from various networking events and social media platforms. Target the right business leaders as you would be required to

RW sammie half advert.indd 1 6/5/13 4:23 PM Events

Forum Terbuka “Towards a Safer Malaysia” Bar Council Secretariat, Kuala Lumpur (27 April 2013) by Nor Masitah Ishak and photos by Satha Selvan Subramaniam

Pada 27 April 2013 (Sabtu), Jawatankuasa Safer Malaysia telah Kemudian, Richard Wee Thiam Seng, Setiausaha Bar Malaysia dan menganjurkan forum terbuka yang bertajuk “Towards a Safer juga Pengerusi Jawatankuasa Safer Malaysia, telah menyampaikan Malaysia”, di Auditorium Raja Aziz Addruse, Majlis Peguam ucapan dan membentangkan pelan tindakan Jawatankuasa Malaysia. Ia merupakan satu titik permulaan bagi Jawatankuasa Safer Malaysia yang selaras dengan visi penubuhannya. Pelan Safer Malaysia untuk bergerak secara rasmi di bawah naungan ini telah dibahagikan kepada tiga peringkat jangka masa iaitu Majlis Peguam Malaysia. jangka masa pendek, jangka masa sederhana dan jangka masa panjang. Antara aktiviti yang dicadangkan untuk merealisasikan Forum ini bermula dengan ucapan pembukaan oleh Christopher pelan tindakan tersebut adalah meningkatkan security presence Leong, Presiden Bar Malaysia. Beliau menyatakan bahawa forum di seluruh negara dengan meningkatkan kehadiran polis di terbuka ini bertujuan untuk berkongsi pandangan tentang isu kawasan-kawasan yang mempunyai kadar jenayah yang tinggi jenayah yang semakin bertambah buruk, dan mengemukakan (hot spot); mengadakan kempen, ceramah serta pameran cadangan atau jalan penyelesaian untuk mengurangkan, bergerak dalam usaha mempromosikan Malaysia yang lebih menghalang dan mencegah jenayah. Selain itu, Christopher Leong selamat; serta mendapat sokongan yang padu daripada Polis juga berkongsi tentang latar belakang penubuhan Jawatankuasa Diraja Malaysia (“PDRM”) dalam usaha mendidik masyarakat Safer Malaysia yang sungguh unik dan menarik. Jawatankuasa tentang kepentingan keselamatan. tersebut telah ditubuhkan untuk mencari penyelesaian serta mekanisme untuk mengurangkan jenayah dengan harapan Kemudian, forum terbuka ini diteruskan dengan agenda yang kehidupan rakyat Malaysia akan menjadi lebih selamat. utama iaitu sesi perbincangan dan perkongsian pandangan

30 Praxis Apr-June 2013 Events

tentang isu jenayah yang semakin parah di Malaysia. Panel forum ini terdiri daripada:

Dr P Sundramoorthy yang merupakan Prof Madya dari Universiti Sains Malaysia, Pulau Pinang dan Ahli Jawatankuasa Eksekutif Yayasan Pencegahan Jenayah. Beliau adalah ahli kriminologi yang terkenal dan juga Penolong Pesuruhjaya Kehormat Polis. Kesudian beliau untuk berkongsi pendapat dan pandangan mengenai isu keselamatan negara adalah amat dihargai dan tidak ternilai.

Shamsul Sulaiman adalah Ahli Bar Malaysia dan merupakan bekas Timbalan Pendakwa Raya. Pengetahuan beliau mengenai proses pendakwaan telah membantu peserta dalam memahami proses undang-undang.

Jeffrey Phang adalah Ketua Persatuan Penduduk Kota Damansara. Beliau telah berkongsi mengenai pengalaman beliau dalam menangani isu-isu masyarakat, khususnya pengalaman penduduk kawasan Kota Damansara dalam memerangi jenayah. Beliau juga telah memberi gambaran tentang bagaimana sesebuah komuniti menghadapi cabaran jenayah yang melanda kawasan kejiranan mereka.

Wendy Tan adalah pengasas dan moderator bagi Facebook group “Malaysian Crime Awareness Campaign” (“MCAC”), yang kini mempunyai lebih daripada 22,000 pengikut. Wendy telah berkongsi mengenai laporan harian masyarakat mengenai kejadian jenayah yang di terima oleh group tersebut daripada pengguna Facebook.

Richard Wee Thiam Seng juga bertindak sebagai ahli panel forum dalam menjawab soalan-soalan yang dikemukakan oleh para hadirin, dan berkongsi sudut pandangan Majlis Peguam Malaysia dan Jawatankuasa Safer Malaysia mengenai isu keselamatan Malaysia.

Sepanjang masa perbincangan forum ini, para peserta telah memberi sambutan yang hangat. Selain daripada bertanyakan soalan, para peserta juga telah berkongsi pandangan dan pendapat secara aktif. Secara keseluruhannya, mereka berharap agar forum seperti ini akan diadakan lagi di masa hadapan dalam usaha mendidik masyarakat tentang kepentingan menjaga keselamatan negara dan komuniti.

Forum terbuka ini diakhiri dengan upacara perhimpunan nyalaan lilin (candlelight vigil) di hadapan bangunan Majlis Peguam Malaysia untuk mengingati mangsa-mangsa keganasan jenayah. Para peserta juga telah mempamerkan sepanduk yang menyeru keinginan mereka supaya Malaysia akan lebih selamat.

Perkembangan mengenai Jawatankuasa Safer Malaysia boleh diikuti di laman sesawang www.safermalaysia.com atau Facebook Fanpage www.facebook.com/SaferMalaysia. Jawatankuasa Safer Malaysia juga boleh dihubungi melalui email safermsia@ gmail.com atau twitter @safermsia.

Praxis Apr-June 2013 31 Events

67th Annual General Meeting of the Malaysian Bar Renaissance Kuala Lumpur Hotel (16 Mar 2013) by Chin Oy Sim and photos by Shan Theivanthiran

A brief summary of the highlights of the Malaysian Bar’s 67th (2) Resolution regarding the e-filing system: the motion, as Annual General Meeting (“AGM”), held on 16 Mar 2013 at amended, was put to a vote and was unanimously carried. Renaissance Kuala Lumpur Hotel, follows below. • A total of 1,303 Members registered their attendance at the • Quorum of 500 Members was achieved at 9:50 am, and the AGM, which was adjourned at 3:17 pm. Chairman, Lim Chee Wee (President, Malaysian Bar) called • In the first Bar Council meeting held immediately after the the meeting to order at 10:12 am. AGM, the following Office Bearers were elected for the • Six motions had been proposed for consideration at the 2013/2014 term: AGM. • Two resolutions were adopted: President: Christopher Leong Vice-President: Steven Thiru (1) Resolution to increase the annual subscription of the Sports Secretary: Richard Wee Thiam Seng Fund from RM10 to RM20: the motion was put to a vote and carried by a majority (289 votes in favour, 10 against, and five Karen Cheah Yee Lynn was appointed as Treasurer. abstentions).

32 Praxis Apr-June 2013 Events

The remaining 32 members of the incoming Bar Council are:

(1) Andrew Khoo Chin Hock (2) George Varughese (3) Hendon Mohamed (4) Kuthubul Zaman Bukhari (5) Lim Chee Wee (6) Low Beng Choo (7) Ravi Nekoo (8) Sulaiman Abdullah (9) Syahredzan Johan (10) Tony Woon Yeow Thong (11) Yasmeen Mohd Shariff (12) S Gunasegaran (Johore) (13) K Mohan K Kumaran (Johore) (14) Ramli Shariff (Kedah/Perlis) (15) Burhanudeen Abdul Wahid (Kedah/Perlis) (16) Abdullah Hamzah (Kelantan) (17) Norazham Yahaya (Kelantan) (18) Dipendra Harshad Rai (Kuala Lumpur) (19) Ravinder Singh Dhalliwal (Kuala Lumpur) (20) Desmond Ho Chee Cheong (Malacca) (21) Indran V Kumaraguru (Negri Sembilan) (22) Puspanathan Sellam (Negri Sembilan) (23) Abdullah Johari Hamzah (Pahang) (24) Hon Kai Ping (Pahang) (25) Abdul Fareed Abdul Gafoor (Penang) (26) Gnasegaran Egamparam (Penang) (27) Vivekanandan AMS Periasamy (Perak) (28) Kenny Lai Choe Ken (Perak) (29) Vishnu Kumar (Selangor) (30) Rajpal Singh Mukhtiar Singh (Selangor) (31) Amirruddin Abu Bakar (Terengganu) (32) Mukhtar Abdullah (Terengganu)

33 Events

Malaysian Bar Annual Dinner and Dance 2013 The Royale Chulan Hotel, Kuala Lumpur (16 Mar 2013) by Joe Chin and Chin Oy Sim, and photos by Shan Theivanthiran and Brenden Anthony

jazz singer Karen Lai began performing The ample foyer was lined with decorated I Dreamed a Dream, a song from the Members of the Bar and guests of the cocktail stands in flowing beige drapery, sung-through musical Les Misérables that Malaysian Bar Annual Dinner and Dance with hotel staff and a beverage corner gained mainstream popularity after Susan 2013 began trickling into the The Royale ready to serve a selection of aperitifs, Boyle performed it on the television show Chulan Hotel Kuala Lumpur before 6:30 orange juice and carbonated drinks. There Britain’s Got Talent, in 2009. pm, a half hour before the event was was hardly room to walk amongst the scheduled to begin. A light and easy crowd by 8:30 pm, when the dinner bell The emcees of the night, incoming Bar quietness permeated the reception area rang. Among the guests who filed into Council member Ravinder Singh Dhalliwal and foyer of the Taming Sari Grand the ballroom were Tun Dato’ Seri Zaki and outgoing Bar Council member Ballroom on that lovely evening of 16 Mar Tun Azmi, former Chief Justice, and Tan Syamsuriatina Ishak, then greeted the 2013; one could hardly tell that “A Night Sri Dato’ Seri Md Raus Sharif, President guests with cheerful humour before they of Elegance” was about to unfold, just a of the Court of Appeal. As soon as the called upon the Immediate Past President few hours after the conclusion of the Bar’s guests were seated in the ballroom, the of the Bar, Lim Chee Wee, to address the well-attended and somewhat drama-filled band for the night, Radiate Charade, and gathering. 67th Annual General Meeting.

34 Praxis Apr-June 2013

Events

Lim Chee Wee briefly recalled the various challenges that the Bar had received the award in recognition of how, “[t]hroughout Malaysian Bar and Bar Council had encountered in the previous its 66-year existence, [it] has admirably fulfilled its role as guardian year, and credited the Bar for its triumphs. He jokingly referred to of the rule of law, and defender of human rights and the public having made a nuisance of himself in the streets during his tenure interest, in Malaysia”. After the emcees read out the names of all as President, and declared that he would now do the same, but in the Bar’s past Presidents, accompanied by a short video screening the courtroom instead. He concluded his remarks by introducing of their photographs, special guest Kamal Malhotra, then-United the new Office Bearers: Christopher Leong, President; Steven Nations Resident Coordinator for Malaysia, symbolically reprised Thiru, Vice-President; Richard Wee Thiam Seng, Secretary; and the presentation of the award to Lim Chee Wee, who was joined Karen Cheah Yee Lynn, Treasurer. He expressed confidence in his on stage by eight past Presidents and the new President. It was successor, and wished the incoming Council members the best. a significant moment, as the milestones in the history of the Bar He then received a striking farewell memento — a large, framed were pondered upon with nostalgia, pride and hope. montage of photos that captured some of the most memorable times in his tenure — from Christopher Leong. Dinner was served at approximately 9:00 pm. Ten minutes later, Radiate Charade — three of whose members are practising The Annual Dinner and Dance provided a fitting occasion to lawyers with the Kuala Lumpur Bar — struck up You’re Just Too celebrate the Bar’s receipt of the United Nations Malaysia Good to Be True by Andy Williams. They continued to entertain “Organization of the Year 2012” Award, which had been the guests throughout the night with evergreen songs such as conferred on United Nations Day on 24 Oct 2012. The Malaysian Careless Whisper by Wham! and Signed, Sealed, Delivered by

36 Praxis Apr-June 2013 Events

Stevie Wonder, interspersed with jazz numbers by Karen Lai, a prize comprised two Economy Class return tickets to Mauritius, former member of the Penang Bar. Members and guests chatted along with vouchers for a five-day, four-night stay, courtesy of and mingled actively throughout the ballroom and out into the Air Mauritius. The rest in the list of prizes included Advanpress foyer. travel vouchers and Spark Manshop vouchers worth RM1,000, and two-day, one-night stays in selected hotels. Philip Koh Tong Ngee, Senior Partner at Messrs Mah-Kamariyah & Philip Koh, was then invited to deliver the citation for Peter The emcees then thanked everyone who attended the Dinner Mooney, recipient of the Malaysian Bar Lifetime Achievement and Dance, and bowed out for the night while the members of Award 2013. This award had been instituted in 2011 to recognise Radiate Charade resumed their positions on stage for the dance and appreciate “…outstanding Members of the Malaysian Bar who segment. Most of the guests had chosen to adjourn to the foyer have demonstrated particular dedication and exemplary lifetime for more mingling, leaving a small group to stay behind to enjoy service, and made invaluable and outstanding contributions, to the music and dance along. the Bar”, and was first conferred in 2012. The citation highlighted Peter Mooney’s accomplishments, and touched on his roles as The memorable celebration of exemplary accomplishments and “counsel statesman”, Crown Prosecutor, soldier, Bar Council exquisite fun at a grand venue would not have been realised, member and Bar Vice-President, and humanitarian. It summed had it not been for the efforts of the tireless and ever-resourceful up Peter Mooney as one who “represents the best tradition of Organising Committee, and others who lent a helping hand. the Malaysian Bar and reflects the highest standards and values Led by then-Secretary of the Bar, Tony Woon Yeow Thong, the of the common law world”, and whose gift to the Bar has been Committee comprised Secretariat staff members Anne Andrew, many years of noble service that now permit the Bar to “have our Dewani Zolkifli, Lily Aw, Rajen Devaraj, Sangheetha Kuppusamy today and our tomorrows”. and Suriati Dalilan.

The annual presentation of the Sports Personality of the Year It was indeed a night of elegance. award followed. Dalgit Singh and See Kwong Yan received joint recognition, and the signature jacket and certificate as tokens of appreciation for their outstanding and significant contributions to the Bar in the sphere of sports, and for championing the spirit of sportsmanship unstintingly and consistently through the years.

Then came a much-anticipated moment: the arrival on stage of Rizal van Geyzel, the Harith Iskandar-endorsed stand-up comedian who is back on the Malaysian comedy scene after having pursued a degree in hotel management. He delighted the laughing audience with his jokes, and had them in stitches throughout his performance.

The crowd was still pretty intact as the next item on the programme — the Lucky Draw — was announced. The grand

Praxis Apr-June 2013 37 Events

CarpetRed

38 Praxis Apr-June 2013

Events

Bar Council Professional Standards & Development Committee 2013 Events

The activities listed are reflective of the key training events that are being organised by the PSDC.

CPD Training Series This Series is aimed at providing members with training in key practice areas progressively. Members are encouraged to enrol based on the specific levels of knowledge and expertise that they have in the specific practice area. These are divided into three levels:

Basic ideally for members with 0 – 5 years of practical experience in the specific practice area. Intermediate ideally for members with 5 – 10 years of practical experience in the specific practice area. Masterclass ideally for members with more than 10 years of practical experience in the specific practice area.

Confirmed events applicable to all Members of the Bar

Practice Area Proposed Event Level Tentative Schedule SECOND QUARTER 2013 Land Law Land Law (Part 1) Basic 2nd Quarter Taxation Tax Law (Part 2) Intermediate 2nd Quarter Competition Law Competition Law (Part 1) Basic 2nd Quarter Employment Law Constructive Dismissal 5 Apr Land Law Land Acquisition 12 Apr Land Law Sale and Purchase Agreements 19 Apr Criminal Law Criminal Law (Part 2) Intermediate 2nd Quarter Company Law Company Law (Part 1) Basic 2nd Quarter Banking Law Islamic Finance (Part 2) Intermediate 2nd Quarter Intellectual Property Law Disputes in IP: The Litigation Perspective Intermediate 2nd Quarter Family Law Family Law (Part 2) Intermediate 2nd Quarter Competition Law Competition Law 3 May Constitutional Law Judicial Review of Industrial Awards 10 May Intellectual Property Law An Introduction to the Law of Passing Off 16 May Family Law Family Law 17 May Banking Law Banking and Finance (Part 1) 2nd Quarter Alternative Dispute Resolution Arbitration and Mediation (Part 2) Intermediate 2nd Quarter Contract Law Law of Contract (Part 1) Basic 2nd Quarter THIRD QUARTER 2013 Land Law Land Law (Part 2) Intermediate 3rd Quarter Taxation Tax Law (Part 3) Masterclass 3rd Quarter Company Law Company Law (Part 2) Intermediate 3rd Quarter Banking Law Islamic Finance (Part 3) Masterclass 3rd Quarter Intellectual Property Law IP Monetisation and Assessment of Damages Masterclass 3rd Quarter Competition Law Competition Law (Part 2) Intermediate 3rd Quarter Alternative Dispute Resolution Arbitration and Mediation (Part 3) Masterclass 3rd Quarter Family Law Family Law (Part 3) Masterclass 3rd Quarter Banking Law Banking and Finance (Part 2) Intermediate 3rd Quarter Contract Law Vitiating Factors, Illegality and Contractual Liability Intermediate 3rd Quarter Criminal Law Criminal Law (Part 3) Masterclass 3rd Quarter FOURTH QUARTER 2013 Land Law Land Law (Part 3) Masterclass 4th Quarter Company Law Company Law (Part 3) Masterclass 4th Quarter Competition Law Competition Law (Part 3) Masterclass 4th Quarter Banking Law Banking and Finance (Part 3) Masterclass 4th Quarter Contract Law Discharge of Contract, Damages – Types of Damages, Quantification Masterclass 4th Quarter Pure Economic Loss

* Bar Council retains the right to reschedule or modify the courses without prior notice, and shall accept no liability for any loss or inconvenience as a result of any modifictions. For further information or to register for any of these upcoming events, please contact [email protected], or call Vilashini Vijayan at 03-2050 2095, or Yap Yoong Jian at 03-2050 2015.

40 Praxis Apr-June 2013 Let us help YOU search for YOUR…IDEAL JOB!

eLawyer Recruitment specializes in providing legal recruitment solutions to law firms and corporations.

In-house Positions Private Practice Positions

Assistant Legal Manager (Oil & Gas at Seri Hartamas area) Corporate Lawyers / Partner (Large and mid-sized firms at KL & PJ) Requirement: Corporate Lawyer with 6 to 8 years of legal Requirement: Lawyers with 1 to 15 years of corporate experience. finance or corporate banking practice experience. Assistant Legal Manager (International consultancy firm at Bangsar) Conveyancing Lawyers (KL / PJ / USJ / Sri Hartamas / Puchong / Requirement: Corporate Lawyer with at least 3 years of Klang, Kepong, Johor Bahru & other locations) private practice experience. Requirement: Lawyers with 1 to 7 years of conveyancing practice experience. Executive – IT Vendor Management (Bank at KL) Requirement: Lawyer with 3 to 5 years of commercial Career with eLawyer as Legal Recruitment agreements advisory, negotiation & drafting experience. Consultant With or without exposure to IT contracts. Are you someone who enjoys meeting people and Legal Executive (Real Estate Investment Trust Company at Seri Hartamas area) is passionate about helping lawyers to secure a Requirement: Lawyer with 1 to 2 years of legal experience in better career? If yes, please speak to us about drafting tenancy agreements. your career as a legal recruiter with us.

To apply for any of these positions, please email your application to [email protected].

For further information about the vacancies or a confidential chat about your career options, salary structure or market trends, please feel free to text/call Eddie at 012-6546825.

To subscribe to our weekly legal jobs update, please text your name and email address to 016-2161772 (Subscription is FREE and you may cancel it anytime)

More than 100 law jobs are listed at www.eLawyer.com.my

eLawyer half page ad 110413.indd 2 6/13/13 1:04 PM Lifestyle

Vega Residensi 1 Set to Illuminate Selangor Science Park 2

SSP2 is located in the vicinity of Cyberjaya living, making it the ultimate living of 2013. Vega Residensi 1 offers stylish and covers an area of 1,300 acres wide concepts for work, play and easy living. and comfortable living spaces within modern integrated township that houses a distinctive environment which offer residential, commercial, industrial, Developed by Selangor State Development facilities including swimming pool, wading education – which boasts higher education Corporation (PKNS), the 18-storey service pool, playground, space gymnasium, institutions, leisure and other amenities apartment houses 356 units and offers multipurpose hall, convenience store, that is set to attract the public and build-up areas ranging from 535 square street cafe and podium cafe, as well as investors alike. Due to its strategic location feet (sqft) for a studio unit; 882 sqft for landscape park, surau and a BBQ terrace. within Malaysia’s multimedia and IT hub, a suite unit; 847 sqft for a 3-bedroom A 4-storey elevated parking complex is it is the ideal place for ICT companies to unit and 921 sqft for a duplex unit. The also provided for the convenience of its conduct research and development for layout of the units was designed with residents and guests. It will also have a new products and technologies. practicality and functionality in mind 24-hour security service and guardhouse and is envisioned to take suburban high- for ease of mind. Among the factors that distinguishes Vega rise living to a higher standard. With Residensi 1 as a premier service apartment an affordable starting price from just Vega Residensi 1 offers a partially furnished is its location in Cyberjaya, which is an RM258, 436 per unit (after Bumiputra apartment unit and as well as special intelligent city equipped with world-class discount), Vega Residensi 1 is also the rebates; other exclusive promotions include IT infrastructure. It is also the destination of right choice for brilliant investment. a zero entry ownership scheme and special choice for a large number of multinational ID packaging and discount for buyers. companies and reputable educational Vega Residensi 1 is easily accessible institutions. The service apartment is via Maju Expressway, ELITE Highway, For the convenience of prospective home also located near several shopping malls, Damansara-Puchong Highway, North- owners of new Vega Residensi 1, PKNS renowned hotels and medical centres. All Klang Valley Expressway, SKVE Expressway offers a competitive RM1,000 booking these elements further strengthen PKNS and BESRAYA Expressway. It is also a fee and can also arrange for an attractive vision to showcase Vega Residensi 1 as a short drive away from Kuala Lumpur end-financing package from respectable prestigious residential area in Cyberjaya. International Airport, Low-Cost Carrier financial institutions in Malaysia. Terminal and Kuala Lumpur, the capital As the new hotspot in Cyberjaya, Vega city of Malaysia. For more information, please call Residensi 1 at Selangor Science Park 2 012.2992.497 and 012.6521.272 or visit has been distinctively designed from The new development is currently under the SSP2 Sales Gallery located in Selangor the ground up to blend 21st century construction and is 85% completed, and Science Park 2, Cyberjaya and Kompleks contemporary yet flexible suites of high is expected to be fully ready by the end PKNS Bangi.

42 Praxis Apr-June 2013

Lifestyle

The Peugeot 408 Space, Performance and Safety in an Affordable Package of Your Choice

European and North American car marques The exterior of the 408 is streamlined to ruled Malaysian roads throughout a greater portray the new image of the Pug brand with part of the 20th century before the “invasion” redesigned sensor activated feline headlamps and dominance of Japanese automobile and a slimmer signature grill. The sides of the manufacturers in the last quarter of that era. model feature carved wheel arches while the plunging body line from the rear lights to the Interestingly, the Europeans are back in the front wing indicate the image of a dynamic, race and car buyers are now spoilt for choice. modern and robust vehicle. The ruby red rear French automobile manufacturer, Peugeot, tail lights are trimmed with clear white stripes through its local partner, Nasim Sdn Bhd, that hint at a lion’s claws within the cluster, introduced their latest C-segment offering reminiscent of iconic yesteryear models such – the 408, following the success of the 308 as the 307CC and the 504 Coupe. and the popularity of the 508 (which we reviewed in a recent issue of Praxis). Inside, the 408 offers the largest cabin space in its class. With a lengthy wheel base of Nasim, which is the product of a home- 2,710mm, width of 1,815mm and height of grown automotive conglomerate, NAZA 1,525mm, the car offers an expanse of space Group, proudly announced recently that with ample leg room, elbow room and head its plant in Gurun, Kedah will serve as the room. Amazingly, boot space is not sacrificed regional hub for the export of right-hand as the car boasts 562-litres of luggage space, drive 408 models to Australia and upcoming making it the perfect vehicle for young Asian nations. families and frequent travellers. The suspension settings for the 408 Turbo C-segment automobiles are classified as To enhance driving pleasure and enjoyment, have been tuned for a sportier ride while the compact cars by the North Americans both models feature automatic dual-zone 408 2.0’s suspension offers more comfort. and small family cars by the British. With air-conditioning system with rear air- The steering feels meatier on the Turbo an abundance of C-segment choices in conditioning vents, World In Peugeot Sound version and is enjoyable at high speeds. emerging markets today, car manufacturers with six speakers with CD/MP3 playback compete intensely to offer the best possible capability, USB and Bluetooth connectivity, In terms of safety, both models feature two package to a growing pool of car buyers in instrument panel LCD, tilt and telescopic smart airbags, Anti-lock Braking System this segment. steering and one-touch power windows with (ABS), Electronic Brake Distribution (EBD) anti-pinch for all four windows. and Emergency Brake Assist (EBA) .The Turbo The 408 fills the void between the 308 and is further equipped with side and curtain the 508 and is presented cleverly to woo new The difference between both 408 variants airbags, Electronic Stability Program (ESP) and and existing car owners from all walks of life. lies under the hood. The 408 Turbo features Anti Skid Regulation (ASR). The car has also In the 408, Nasim offers a sturdy continental a four-cylinder 1.6-litre twin scroll turbo high been designed with a double-impact force car with space, performance and safety as pressure engine with direct injection that dissipation channel to provide maximum its salient features. To add to the list, the churns out 163 hp and 240 Nm of torque, passenger compartment protection. model is priced attractively according to the making it the most powerful C-segment specification of choice. sedan in the market. Nasim asserts that the 408 is a hard package to beat in the C-segment, primarily based The model is offered in twin versions – a 2.0- Paired with a six-speed automatic adaptive on its spaciousness, performance and safety litre naturally aspirated engine and a sportier transmission with Tiptronic and Sport features. 1.6-litre turbo-charged variant. Both variants Mode, the 408 Turbo has the capability of

share the same body-shell but are prepped accelerating from 0-100 kph in 9.2 seconds The 408 Turbo and 408 2.0 are priced up differently according to the needs and and achieving a top speed of 215 kph. It’s attractively on-the-road with insurance at wants of the car buyer. The 2.0L is more sibling, the 408 2.0 is powered by a four- RM128,888 and RM109,888 respectively family oriented and for the regular driver, cylinder 2-litre engine that produces 145 and are packaged with free services, inclusive while the 1.6 Turbo is for one who needs hp and 200 Nm of torque and is fitted to of parts and labour for a period of 5 years a fast car with the comfort and roominess a 4-speed automatic adaptive gearbox, also and also warranty with unlimited mileage for of a sedan. with Tiptronic and Sport Mode functions. the same duration.

44 Praxis Apr-June 2013 408 Promo_PRAXIS 226x280.indd 1 31/05/13 11:38 AM Lifestyle

Susan Joseph & Selva Balan Sinnan Drumming the Point In by KS Shasha and photos by Syamsuriatina Ishak and interviewees’ personal collection

Lawyers often take to the podium to up as he talks about his passion for recollects his mother being worried about emphasise a point. There are two members drumming. her silent son who was unlike other chatty of the bar, however, that put it across in a toddlers. When he eventually started much more artistic way. Balan’s drum of choice is the Djembe, a talking at three, she got even more drum played in the West African region. worried. The boy just wouldn’t stop. His Susan Joseph and Selva Balan Sinnan He also plays other percussions and mother suggested that he go into practice have found their beat and fallen into an easily “drops a beat” with even humble and so he did. After graduating, Balan enjoyable rhythm of things – literally. Avid everyday objects. He was first introduced taught at a local college for a few years percussionists, this husband and wife duo to the Djembe about four years ago before finally starting his own practice. at at Messrs Azman Joseph & Associates when he attended drum circles in Kuala Balan met Susan in college but Cupid’s take up the tempo with their percussion Lumpur. His passion for the Djembe grew, arrow seemed to operate on time release passion. however, when he attended a drumming as they were friends and colleagues first course and he now has four Djembes in and married only many years later. According to Susan, Balan is more the his home. drummer in the family, and indeed – Susan had taken up reading law, on the the interview is punctuated by table top His passion shares his life with his impression that it would be a good course percussion performances, and although profession and he credits his mother for to do. But as we know all to well, reading it is after a hectic work day, Balan lights his venture into practice. Balan fondly law and practising law are two very

46 Praxis Apr-June 2013 Own your system now! It’s as affordable as RM16 per day! Contact us for a free, non-obligatory system demonstration and quotation. Lifestyle

different things. Over time, however, she place like a park with their drum circle. everyone in the group has a role to play did eventually start practising. “We just basically take ourselves away and everyone is equally important,” Balan from law once a week. Drumming has elaborates. Susan’s passion for drumming got helped us keep our sanity at times, and kindled when she accompanied Balan to it has enabled us to meet up with a lot “Our drum circle is not a performance,” drumming class. “He had always been of people who are now our friends, so Balan cheekily highlights with a glint in interested in drumming, and we decided instead of just knowing lawyers I know his eye. This “rhythm will get you” for to develop that and see what happenes. some entertainers too,” says Balan. if you happen to be a curious bystander At 43, he started very late but we decided who thinks of just watching, think again. to go for drumming classes together as a In 2010, they formed an unofficial non- Instead, you will be encouraged to join couple just to have something in common profit entity, PJ Drum Circle (PJDC), which in and accompany the performance. to do,” says Susan. used to meet at Taman Jaya in Petaling “We normally give them instruments Jaya on Saturdays between 5pm to 7pm. like bells, tambourines, Agago, wood When Balan was attending the advanced PJDC has performed officially at events blocks and shakers,” Susan says. “The drumming class held by the world at Rotary Club installations, Selangor people who join us can follow our beat renowned percussionist Steve Thornton, Institute, corporate functions, graduation even without musical experience. Initially, she attended the begineers class. Susan ceremonies and also the Women’s Aid they may go off-beat but after some time leaves the table tops for Balan and often Organisation in honour of their 30th they will be able to follow our rhythm steps in to play the shakers and bells. As Annivesary. As a result of everyone’s busy and add to the music and contribute to Balan says, “… it’s not that those who play schedules, these days the Circle hardly the performance. That is the reason why the Maracas, bells or other instruments are meets at Taman Jaya but instead meet we came up with the drum circle so that less important. Everyone has a role to play up to practise when they are invited to we could get people together and create and everyone has to work together to get perform. “When we get together, there music; we want people to get involved in rhythm”. are usually about seven to eight of us … with the music so instead of sitting and there is the accompaniment and three or watching and clapping at the end of the Though busy with their practice which four people will do a solo and though the performance, they can join in and feel focusses on conveyancing, criminal and soloists are in the limelight, the others have good about themselves …,” says Balan. civil litigation, they make time for their to keep the beat to enable the soloists to “Some people are shy to join at first, united passion by allocating weekends for shine. The soloists have to keep the tune claiming they have no rhythm, so I tell their drum circle. Though there may still because otherwise the accompaniment them, ‘you have a rhythm and without it be some working weekends, the rest are will go out of tune. By playing we all learn you will die.’ They often look surprised and readily spent, when possible, at a public to work together and work as a team, when I explain that it is their heartbeat,

48 Praxis Apr-June 2013 Lifestyle

that usually persuades them to join in,” the neighbours. Usually when I first teach Susan. “I always feel that as much as you Balan tells me with a smile. the children, I get them to play on their take from society, you must give back and knees before they play on the drums so my way of doing so is by teaching these It is not only their passion for drumming that they can even practise while watching kids to drum, you never know I may have that unites them but also their passion television,” Balan says. The first time the set them on the path of becoming good for assisting under-privileged children, kids performed, one of their parents was musicians,” says Balan. particularly the urban poor. in tears. “When they (the children) complain A friend of theirs, Lee Soo Choo from In September 2012, funded by Rotary about being bored in school, or that they Community Excel Services, first got Balan Club of Damansara, they started a drum are bored of doing the same thing over to assist her in teaching drumming to circle for the children of Rumah Hope. and over again, I say, ‘what do you do in the kids of the urban poor. It was this The children whose group is called HOPE drumming? Just do the same in school. friend who felt that by teaching them DRUM PEACE have performed at two If you do not get it right, keep practising drumming, it would keep them from functions so far. It is our hope that with until you get it right.’ After some time, wayward lifestyles. To quote Balan, they the support of Rotary Club of Damansara even if they make a mistake, without me went from squatter houses, to “Rumah in the coming year, we will be able to fund having to tell them, they keep working Panjang” and now flats but their living the construction of a sound proof music at it until they get it right,” says Balan conditions are the same. The flats are room for the children to be able to practise content that his lessons to the children nothing more than a “Rumah Tinggi” their drums at the home. have been successfully drummed in. version of the “Rumah Panjang”. He usually assists in training the kids when In December 2012, together with “I would be happy to conduct a drum they are asked to do public performances. the Rotary Clubs of Damansara and circle for the members of the Malaysian To date, these children have performed Damansara West and MADE, Susan and Bar as I am always happy to help people at more than 20 public functions. “The Balan participated in a community project find their rhythm,” offers Balan quite children do lack commitment at times, but themed “Art, Health and Literacy for the generously. on the whole, it has been successful and Children of Cambodia” where they taught it helps the children. It helps the children the children rhythm and music through “We like getting together with people a lot to learn drumming as these children body percussion. and asking them to join our drum circle. do not have access to other instruments When we all fall into rhythm, it is beautiful due to a lack of money, so we teach them “Drumming teaches the childen to music and there is no such thing as a sad body percussion because they do not preserver until they get it right; it even rhythm,” Balan remarks quite simply, with even need an instrument to practise, and helps children who are dyslexic and those Susan nodding her assent. it makes so little noise, it will not disturb who have attention deficit disorder,”says

Praxis Apr-June 2013 49 Lifestyle Car Review: Pajero Sport VGT Command. Control. Conquer. by Syamsuriatina Ishak

In April, Mitsubishi Motors did the ultimate sacrifice when they Select 4WD system – choice of driving modes include 2WD High (gasp!) entrusted their 2011 launched Mitsubishi Pajero Sport Range, 4WD High Range, 4WD High Range with Locked Centre VGT into my hands for a weekend test drive. Tsk tsk tsk. The Differential, 4WD Low Range with Locked Centre Differential), to things I do for you readers… make it capable of traversing the toughest terrain. I assure you, apart from the customary Klang Valley potholes, I managed quite The Pajero Sport VGT is a new variant of the award winning a bit of gallivanting through hillsides and all manner of challenging seven-seater SUV (the Pajero Sport GS 4WD and Pajero Sport surfaces just to give it a thorough enough examination. GL 2WD) which had been introduced in Malaysia in 2009, to offer a wider option for the discerning customer. The standard Notable features of the VGT are: features a 2.5 litre Common Rail diesel engine and also boasted • Variable Geometry Turbo 16-valve intercooler engine with a “new powerhouse management” which included a Variable outstanding power (178PS) and torque (350Nm) levels Geometry Turbo, boosting power and torque levels to 187PS • Double Overhead Camshaft (DOHC) Common Rail Direct and 350NM respectively, which ensures stronger acceleration Injection Diesel (DI-D) engine and flexibility. The Variable Geometry Turbo (from where the • Super Select 4WD system with 5-speed automatic VGT acronym originates) is said to use variable vanes to control transmission in Sports Mode (one forward ratio more than exhaust flow against the turbine blades, ensuring a constant the transmission in the Pajero Sport GS) delivery of additional fresh air to the engine for optimum output • Anti-Lock Braking System (ABS) with Electronic Brake-force and performance. Distributor (EBD), Hybrid Limited Slip Differential (LSD) and safety brake pedal The manufacturers tell us the VGT engine is paired with a new • Cruise control gearbox and the vehicle is equipped with Mitsubishi Motors’ Super • Dual airbags • Roof rail • 17” Alloy Wheels • Versatile and spacious seven-seat cabin with plush leather seats for all three rows • 2-DIN full colour touch screen entertainment system with GPS navigation • Front and rear sensor with reverse camera (I thought the nocturnal viewing in the reverse sensor was awesome) • Dual-zone air-conditioning system with auto climate control

Okay, okay… I confess the above is dizzying technical jargon to a city girl. But, in a nutshell, IMHO the Pajero Sport VGT is a fabulous and relatively fuel efficient drive (though hardly fair to compare with my electro hybrid, rite!) which combines the best of a power four-wheel drive and the class of an executive family vehicle.

I thought it was unfortunate that the instrument panel and dashboard bore the same predictable Mitsubishi design (you’d think they’d take advantage of the RM23k premium over the GL to joined the rest of the manufacturers in laying out more future-forward interiors) plus the engine is a tad noisy (motorboat parade, here I come!), but frankly, that’s probably just because I was the wrong demographic for the product. Notwithstanding that, my previous experience having ridden in its competitors, the Toyota Fortuner and Ford Ranger, would make me conclude that the Pajero Sport VGL is more than capable of holding its own.

The Pajero Sport VGT is available in four colours: Black Mica, Cool Silver, White Pearl and Quartz Brown Metallic, and is priced at RM176,000 on the road inclusive of insurance. Mitsubishi Motors also lets buyers enjoy a 3-year warranty and 2-year free maintenance package for a hassle free ownership experience.

50 Praxis Apr-June 2013 0045_Mitsubishi-Pajero 2013_Mag Ad_Praxis_280x210mm_OL_X1.ai 29/1/13_3.55pm CYAN MAGENTA YELLOW BLACK

M3A66731JAN13 SL Sports

Sports Personality of the Year 2013 Awards by Dalgit Singh and See Kwong Yan

This year, two Members of the Bar were years. He won the “Best Overall Pair” title he again represented the Bar in Premier selected to receive the Malaysian Bar’s in 2005 and again in 2010, with his playing Football. He continued to do so, and in Sports Personality of the Year Award: partners in Singapore. While serving 2004 he was appointed as convener for Dalgit Singh and See Kwong Yan. as the Perak Bar Golf Captain in 2008, the Veterans team and played for that he was instrumental in organising the team at the Games in Kuantan, Pahang. The presentation ceremony took place Malaysian Bar Interstate Golf Tournament The Games took on an even more at the Malaysian Bar Annual Dinner and in Perak that year. significant meaning in Kwong Yan’s life Dance 2013, held at the Taming Sari that year, as he met his wife, Jennie Tan, Grand Ballroom, Royale Chulan Hotel, At the state level, Dalgit was the Sports there. Kuala Lumpur, on 16 Mar 2013. Chairman for the Perak Bar for two terms, in 1999 and 2000. He has also He still serves in the capacity of convener, More information about each recipient represented the Perak Bar in hockey, and continues to play for the team at each follows below. football, athletics and golf. He captained year’s Games. the Perak Bar hockey side for many years, Dalgit Singh and has now been serving as the Golfing Kwong Yan had the privilege of Captain for the Perak Bar since 2006. representing the Bar at the Mundiavocat Dalgit Singh represented Perak state in Dalgit led the Perak Bar in winning the (World Football Cup for Lawyers) hockey from 1978 to 1989, and has also Malaysian Bar Interstate Golf Tournament tournament in Turkey in 2006, where the played hockey for the Malaysian Police 2010 in Kuantan, Pahang. team finished in thirty-third place. and the Malaysian Sikhs. See Kwong Yan Note from Kwong Yan: Since joining the Malaysian Bar in 1985, Dalgit has represented the Bar in hockey, See Kwong Yan made his debut at the I wish to thank the Chairpersons and my and is still named in the hockey side, so Malaysia/Singapore Bench and Bar Games fellow members in the Bar Council Sports long as there is no clash with his first love 1998, hosted in Penang, where he played Committee. It is a pleasure serving with — golf. for the Malaysian Bar’s Premier Football you. I also wish to thank the members of team. the Malaysian Bar Veterans Football team Since taking up golf in 2002, Dalgit has for their unstinting support and selfless actively represented the Bar, and has been Kwong Yan’s next appearance at the sacrifice for the good name of the Bar. in the winning team for most of those Games was in Selangor in 2000, where

52 Praxis Apr-June 2013

State Bar News

State Bar News (December 2012 to March 2013)

Johore Bar Committee than 30 cars were involved in the 73.5-kilometre hunt. Members of Kelantan Bar and their family gathered first at Menara Rehal Committee members for 2013/14: in Dataran Al-Quran Kota Bahru, where they were briefed on the rules and regulations of the game, and the role of drivers and Chairman: S Gunasegaran passengers. The treasure hunters were flagged off by Kelantan Secretary: Kalpana Kumara Bar’s Chairman, Abdullah b Hamzah at 9:00 am.

Andrew Wong Fook Hin Over 250 lawyers and family members enjoyed two days of Tho Kam Chew fun-filled activities at the 3rd Kelantan Bar Family Day, such as Shahareen Begum bt Abdul Subhan telematch, drawing contest, lucky draws and paintball war. Norhayati bt Mohamed The prize presentation dinner was held at Tok Aman Bali Beach Meneka E Kanasmoorthy Resort. The champion of the treasure hunt was Mohd Zuhairi b Mathews George Ab Rasad’s family, while Mudzafar Shah b Mohamad’s family was Kuna Nadasen the first runner-up and Mohd Azmi b Zakaria’s was the second Yvonne Young Ai Peng runner-up. The prizes were sponsored by generous members of Goh Tiong Sin Kelantan Bar. Fadhil Ihsan b Mohamad Hassan On 21 Feb 2013, the Office Bearers of KBC for 2013/2014 were Johore Bar Annual Dinner and Dance elected at the 48th Annual General Meeting (“AGM”) of the Kelantan Bar, which was held at Dewan Kelantan Trade Centre Organised by the Johore Bar Social, Charity and Welfare Sub- (“KTC”) Kota Bharu, Kelantan. Tuan Haji Abdullah b Hamzah Committee, the Johore Bar Annual Dinner and Dance was held was elected unopposed as the Chairman of Kelantan Bar on 23 Feb 2013 at the Grand Paragon Hotel, Johor Bahru. The Committee, while Norazham b Yahaya was elected unopposed event was graced by the attendance of YA Tuan Teo Say Eng, YA as the Kelantan Bar representative to Bar Council. Tuan Gunalan Muniandy and spouse, and Bar Council member, Steven Thiru. As the General Election loomed around the corner, the newly- elected Kelantan Bar Committee organised “Kolokium Undang- The dinner commenced with a welcome speech by the Johore Undang Pilihanraya – PRU 13, Dari Perspektif Perundangan dan Bar Social, Charity and Welfare Sub-Committee Chairperson, R Sikap Kita”, at 9:00 am, at the Dewan Kelantan Trade Centre, Jayabalan, while the Master of Ceremony for the night was Fadhil Kota Bharu, on 21 Mar 2013. This programme is the first in the Ihsan (Dale). The Chairman of the Johore Bar, S Gunasegaran, calendar of activities organised by KBC. Zulkarnain b Lukman, thanked the outgoing committee members, Mary Jesmal Periera, Member of the Bar; Prof Dr Abdul Halim b Yusof, coordinator R Jayabalan, Sujata L and Mazni Mohamad Ikhwan, and welcomed and monitor of PRU 13 Kelantan; Puan Hajjah Mumtaz bt Md new committee members K Meneka, Mathews George, Goh Nawi, former Senator Dewan Negara Senator, Member of the Tiong Sin and Fadhil Ihsan b Mohamad Hassan. Bar; and Nik Bahrum b Nik Abdullah, the moderator, shared their knowledge and experience with the participants. This was followed by a sumptuous eight-course dinner, accompanied by a live band performance by ‘The Runaways’ and Kuala Lumpur Bar Committee a stand-up comedy performance by ‘Rizal van Geyzel’, who had the audience in stitches. There were 10 lucky draw prizes to be 4 Dec 2012 won that night, with the grand prize of an iPad mini, which was Meeting with the Registrar of the High Court of Malaya (“PMT”) won by Noor Liana bt Hashim, Member of the Bar. Two special prizes were given to Nadirah bt Zulkhanain and Steven Thiru, for The Civil Court Liaison Committee (“CCLC”) met with the PMT best dressed female and male, respectively. and three other court officers. The meeting was called by the PMT to discuss matters pertaining to the filing of documents. Kelantan Bar Committee CCLC took the opportunity to raise other issues, such as the lack of proper space for file searches to be conducted; the need to The opening event for the Kelantan Bar Committee (“KBC”) in have a proper procedure/manual for file searches; no-smoking 2013 was the Kelantan Bar Treasure Hunt 2013 and 3rd Kelantan policy to be strictly enforced at the Kuala Lumpur (“KL”) Court Bar Family Day. This event was held on 18 to 19 Jan 2013. The Complex; problems relating to the e-filing system; and rejection of hunt started on 18 Jan 2013 at 8:30 am in Kota Bharu and documents without grounds/explanations. The court, too, raised a headed towards Tok Aman Bali Beach Resort, the final destination number of other issues such as payment of deposit for execution; located at Pantai Bisikan Bayu in the district of Pasir Puteh. More improvement of the rules/law of execution; and public auction.

54 Praxis Apr-June 2013 State Bar News

PMT also indicated that the court is currently conducting a survey on ways to improve the Malaysian courts’ ranking at the World Bank and would want feedback from Members of the Bar for the said case study. CCLC was further informed by PMT of two proposals from the Judiciary for the future: automated signing of documents and the jurisdiction of the Small Claims Court, and would be seeking feedback from the Bar on these as well.

5 Dec 2012 Pupils Introduction Session

Organised by the KL Bar Pupils Welfare Committee (“PWC”), the introduction session for November was held on 5 Dec 2012. The session, attended by 80 pupils, was led by Ravin Singh and Jason Kong. Pupils were briefed on the structure of the Malaysian Bar and the KL Bar, the election to both the Bar Council and the KL Bar Committee, and highlights of the Malaysian Bar. It included a session for pupils to raise their issues and problems in pupillage, and the Chairman and members of the Kuala Lumpur Bar Committee (“KLBC”) were on hand to provide input and possible solutions. Amongst the issues raised by the pupils at this session were the Certificate of Legal Practice (“CLP”) exams, trust issues between master and pupil, Queue Management System in the Shah Alam High Court and low allowance.

7 Dec 2012 Professional Development Committee (“PDC”) Seminar on Judicial Review 101

Shanmuga Kanesalingam of Messrs Kanesalingam & Co conducted the seminar at the KL Bar Auditorium at 3:00 pm. The seminar, attended by 61 participants, covered the following areas: The basics covering “What Relief Can You Get?”; “When, Where and How Do You File the Application?”, “Preparing the Accompanying Statement”, “Procedure at Leave Stage” and “Steps to be Taken After Getting Leave”; and the common problems, “Alternative Remedies and Ouster Clauses”, “Is There a Decision at All?”, “Delays and Extension of Time” and “Stay”.

8 Dec 2012 KL Bar Year-End Party

A year-end party was hosted at The Pool in Nihonkan, Jalan Ampang. Guests were treated to a delectable buffet spread as well as a variety of canapés, coupled with free flow of selected drinks, in the cool ambience of the venue’s signature pool. Guests were also entertained with live performances by Members of the Bar and a DJ throughout the event.

8 to 9 Dec 2012 Dragon Boat Competition – Pesta Penang

The KL BAR-barians competed at the Pesta Penang Dragon Boat Race 2012. It has only been a year since the BAR-barians were teamed up but they have improved by leaps and bounds. The last six months have seen a mix of experienced members as well as newcomers coming together to race in Penang.

12 Dec 2012 PDC Seminar on the Fundamentals of Bankruptcy Proceedings

Praxis Apr-June 2013 55 State Bar News

Sanjeev Kumar Rasiah of Messrs Sanjeev Kumar conducted the CLP or Local University” by Khaizan Sharizad and Wilson Chia; seminar at the KL Bar Auditorium at 3:00 pm. The seminar was and “Myths and Realities of Practice” by Brendan Navin Siva. 103 attended by 116 participants, and covered the following areas: participants from Universiti Teknologi MARA (“UiTM”), Universiti “Bankruptcy Proceedings”, “Introduction to the Bankruptcy Act”, Kebangsaan Malaysia (“UKM”) and Advance Tertiary College “The Bankruptcy Notice”, “The Creditor’s Petition”, “Obtaining (“ATC”) attended the session. an Adjudication and Receiving Order”, “Proving of Debts”, and “The First Creditors’ Meeting”. 19 Dec 2012 PDC Seminar on Drafting Commercial Contracts 101 14 Dec 2012 PDC Seminar on an Introduction to Real Property Gains Tax Jeremiah R Gurusamy from Messrs Arianti Dipendra Jeremiah (“RPGT”) conducted the seminar at the KL Bar Auditorium at 2:30 pm. The seminar was attended by 120 participants, and covered N Rajagopal, former Principal Assistant Director of the Technical the following areas: “Dealing with Compliance and Regulatory Division of IRB Headquarters, and K Kanthaiah, former Assistant Issues”, “Scoping the Transaction”, “Drafting Techniques”, Director of the National Tax Academy, conducted the seminar at “Understanding Key Provisions”, “Boiler Plate Clauses” and the KL Bar Auditorium at 3:00 pm. The seminar was attended “Common Mistakes and Pitfalls”. by 113 participants, and covered these topics: “Scope of Charge, Chargeable Person, Year of Assessment and Rate of Tax”, 20 Dec 2012 “Recent Developments in RPGT”, “Disposals and Acquisitions”, PWC Pupils Workshop on Civil Litigation “Computation of RPGT”, “Section 8 Election”, “Duties of Acquirer”, “Duties of Disposer”, “Real Property Companies The PWC organised a civil litigation workshop for pupils. It was (“RPC”)”, and “Disposal of RPC shares”. conducted by Colin Andrew Pereira and Sanjeev Kumar Rasiah, and focused on the practical aspects of handling a civil brief. 15 Dec 2012 Some of the topics included were “Opinion Writing Exercise”, Second Introductory Session to the Legal Profession for Law “Drafting of Pleadings Exercise”, and “Presenting a case in Undergraduates Court”. 53 participants attended the workshop.

The Young Lawyers Committee organised a second introductory 29 to 30 Dec 2012 session to the legal profession for law undergraduates. The Dragon Boat Competition session was held at the Bar Council Raja Aziz Addruse Auditorium from 9:30 am to 2:30 pm. These were the following topics The KL BAR-Barians competed at the Dragon Boat Competition presented: “History, Role and Relevance of the Malaysian Bar” by in Malacca. The Men’s and Mixed teams came in third in their Christopher Leong; “S 42 Legal Profession Act – the Answer to respective categories, and the Women’s team came in second. Life, Universe and Everything” by Edmond Bon Tai Soon; “BVC,

56 Praxis Apr-June 2013 State Bar News

Honey Tan Lay Ean from Messrs Tan Practice conducted the seminar at the KL Bar Auditorium at 3:00 pm. The seminar was attended by 18 participants and covered the following areas: “Key Areas in the DVA and the Recent Amendments”, “Representing Clients in the Criminal Justice System”, “Examining a few of the new provisions in the Criminal Procedure Code”, and “Dealing with Domestic Violence in Matrimonial Proceedings”.

10 Jan 2013 PDC Seminar on Corporate Litigator`s WMDs: Winding-up, Minority Oppression and Derivative Action

Lee Shih from Messrs Skrine conducted the seminar at the KL Bar Auditorium at 3:00 pm. The seminar was attended by 118 participants, and covered the following areas: “The Corporate Litigator’s Toolkit”, “Foss v Harbottle: the Two-Headed Dragon”, “The WMDs: Winding-up, Minority Oppression and Derivative Action”, “Importance of Interim Remedies”, “The Side Arms: Convening Meetings and Access to Records”, “Arbitration and Shareholder Disputes: Never the Twain Shall Meet?”, and “Case studies: 50/50 Split, the Matriarch Company, the 24-hour Injunction, the Tale of Lazarus, Lazarus 2.0”.

11 and 12 Jan 2013 Kuala Lumpur/Selangor Bar Games for the Lall Singh Muker Challenge Trophy — 12th Series 5 Jan 2013 KLYLC–MCCHR Public Interest Litigation Workshop This year’s Series was hosted by the Selangor Bar. The Series saw both sides winning three games each and declared joint The KL Bar Young Lawyers Committee (“KLYLC”) established Champions. KL Bar won at netball, volleyball and darts whilst a Public Interest Litigation Unit (“PILU”) in association with Selangor Bar emerged victorious in badminton, golf and snooker. the Malaysian Centre for Constitutionalism and Human Rights Both drew at soccer. The End-of-Games Dinner and Prize-Giving (“MCCHR”). In line with this, a series of formal workshops have was well attended. been organised for members of PILU on the basics of strategic public interest litigation, free of charge, to prepare interested 13 Jan 2013 young lawyers to handle the demands of such cases and to Introductory Workshop to Dragon Boating encourage the use of strategic litigation to promote human rights. The last session for the term was held on 5 Jan 2013 from 9:30 The first introductory workshop to dragon boating for 2013, am to 2:30 pm at the Bar Council Raja Aziz Addruse Auditorium. under the auspices of the KLYLC, and KL Bar Social, Arts and The workshop was attended by 19 participants who were trained Culture Committee, at the Putrajaya Maritime Centre at 9:00 am. by New Sin Yew, Kirsty Lim and Edmund Bon. Those who attended the workshop had a great experience.

8 Jan 2013 16 Jan 2013 Pupils Introduction Session A Talk on Understanding the Anti-Money Laundering and Anti- Terrorism Financing Act (Act 613) Organised by the PWC, the introduction session for January was held on 8 Jan 2013. The session, attended by 97 pupils, was The KL Bar Corporate and Conveyancing Practice Committee had led by Ravin Singh and Jason Kong. Pupils were briefed on the successfully organised this talk at the KL Bar Auditorium from structure of the Malaysian Bar and the KL Bar, the election to both 3:00 pm to 5:30 pm. The talk was presented by Mohamad the Bar Council and the KL Bar Committee and highlights of the Johan b Mohd Shahar, on behalf of Fairuzana bt Mohd Pilus of Malaysian Bar. It included a session for pupils to raise their issues Bank Negara Malaysia; and our very own Member of the Bar, and problems, and the Chairman and members of KLBC were on Jahaberdeen b Mohamad Yunoos. There was overwhelming hand to provide input and possible solutions. Amongst the issues response from 131 participants, including non-members from raised by the pupils at this session was the attitude of the staff at various financial institutions. The comments received from the the Rayuan Kuasa-Kuasa Khas’s Petition for Admission Registry, floor after the talk were very positive. low allowance, exorbitant photocopying charges imposed at the Bar Council Library and issues pertaining to the Land Office. 19 Jan 2013 KLYLC Explore Race 9 Jan 2013 PDC Seminar on the Domestic Violence Act: Perspectives from a The inaugural KLYLC Explore Race commenced at 10:00 am. Family Law Practitioner Each of the 12 teams paid registered with a fee of RM200 to

Praxis Apr-June 2013 57 State Bar News

compete in the race. The winning team and runners-up won RM1000 and RM500 respectively. There were six check points, namely, Masjid India, St John’s Church, Court Hill Ganesh Temple, China Town, Central Market, and Bangunan Sultan Abdul Samad, which were all within walking distance.

22 Jan 2013 Conveyancing Workshop for Pupils

PWC organised the Conveyancing Workshop for pupils. Conducted by Michael Leow Yon Meng, the workshop focused on the practical aspects of handling a conveyancing brief, which covered the following areas: “Overview of the Conveyancing Process”, “Essential Clauses Found in a Sale and Purchase Agreement”, “How to Fill Up the Relevant NLC Forms”, and “Practical Pointers for the Conveyancing Lawyer”. 50 pupils attended the workshop.

23 Jan 2013 PDC Seminar on Professional Speaking: 7 Essentials Every Lawyer Should Master

Amir Bahari of Messrs Bahari and Bahari presented the seminar at the KL Bar Auditorium at 3:00 pm. This free seminar was attended by 112 participants, and covered the following areas: “Building Rapport with Audience”, “Opening with a Wow”, “Pulsing and Connecting with Your Audience”, “Fine Tuning the Dynamics of Your Audience”, “Making Adult Learning Psychology Work for You”, “Monetising Your Speaking Talent”, and “Getting Remembered for Life”.

30 Jan 2013 PDC Seminar on an Introduction to Arbitration

Choon Hon Leng of Messrs Raja, Darryl and Loh presented the seminar at the KL Bar Auditorium at 3:00 pm. The seminar was attended by 89 participants, and covered the following areas: “How Does Arbitration Work?”, “When and Why Do You Go for Arbitration?”, “Drafting an Arbitration Clause”, “Commencing an Arbitration”, “Conducting an Arbitration”, and “Enforcing and Challenging an Arbitral Award”.

4 Feb 2013 Pupils Introduction Session

PWC organised two additional introduction sessions for the month of February. The additional sessions were held on 4 Feb 2013, with one at 9:30 am and the other at 2:00 pm. The first session was attended by 87 pupils and was led by Harleen Kaur. Pupils were briefed on the structure of the Malaysian Bar and the KL Bar, the election to both the Bar Council and the KL Bar Committee and highlights of the Malaysian Bar. It included a session for pupils to raise their issues and problems, and the Chairman and members of KLBC were on hand to provide input and possible solutions. Amongst the issues raised by the pupils were low allowance, no allocation for medical leave, minimum guidance or no guidance at all from masters, and interpreters compelling accused persons to plead guilty.

The second session was attended by 85 pupils and was also led by Harleen Kaur. Amongst the issues raised by the pupils at this

58 Praxis Apr-June 2013 State Bar News

session were documents misplaced at the RKKK Petitions for Warranties by Both Vendors and Purchasers”, “Boilerplate Admission Registry and having to pay filing fees on their own. Clauses” and “Remedies for Breach of Contract”. 50 pupils attended the workshop. 6 Feb 2013 Pupils Introduction Session 22 Feb 2013 Kuala Lumpur Bar 21st AGM Organised by PWC, the introduction session was attended by 84 pupils, and led by Ravin Singh and Jason Kong. Pupils were The Kuala Lumpur Bar’s 21st AGM was held at 3:00 pm at Wisma briefed on the structure of the Malaysian Bar and the KL Bar, the MCA. The elected office bearers for the 2013/14 term are: HR election to both the Bar Council and the KL Bar Committee, and Dipendra (Chairman); Harleen Kaur, Goh Siu Lin, Amrit Pal Singh, highlights of the Malaysian Bar. It included a session for pupils to Mohd Amir Sharil Bahari b Md Noor, Lim Chi Chau, Foong Cheng raise their issues and problems, and the Chairman and members Leong, Khaizan Sharizad bt Ab Razak, Jeremiah R Gurusamy, of KLBC were on hand to provide input and possible solutions. Vince Chong Khin Young and Arunachalam Kasi. Ravinder Singh Amongst the issues raised by the pupils were low allowance, rude Dhalliwal was elected as the KL Bar’s Representative to the Bar court staff, e-filing, the need to pay for getting an exemption for Council. Bahasa Malaysia from the Qualifying Board, insufficient number of counters for payment and e-filing and training for pupils on There was also a short briefing by Brendan Navin Siva on the research skills. implementation of the Subordinate Courts (Amendment) Act 2010. 19 Feb 2013 PDC Seminar on an Introduction to Employment Law 26 Feb 2013 PDC Seminar on an Introduction to Intellectual Property Anand Ponnudurai of Messrs Bodipalar Ponnudurai De Silva presented the seminar at the KL Bar Auditorium at 3:00 pm. Cindy Goh Joo Seong of Messrs Cheang & Ariff conducted the The seminar was attended by 121 participants and covered the seminar at the KL Bar Auditorium at 3:00 pm. This seminar was following areas: “The Employment Act 1955 and the Industrial attended by 71 participants and covered the following areas: Relations Act 1967 – The Difference”, “The roles of the Labour “Basic Principles of Trade Mark, Copyright, Patent and Industrial Court and the Industrial Court”, “The Concept of Security of Design Law”, “International Treaties”, “Registration of Trade Tenure vs a Contractual Termination of Services”, “Termination Mark, Copyright, Patent and Industrial Design”, “Infringement must be grounded upon ‘just cause or excuse’ – and What Proceedings”, “Common Remedies Available”, “Common Amounts to Just Cause or Excuse”, “Issues Relating to Poor Defences” and “Rectification or Invalidation Proceedings”. Performance, Misconduct and Retrenchment”, “General Conduct of Proceedings in the Industrial Court”, and “Procedure and 27 Feb 2013 Principles of Judicial Review of Industrial Court Awards”. KLYLC Workshop on Marketing for Young Lawyers

20 Feb 2013 Foong Cheng Leong of Messrs Foong Cheng Leong & Co. E-Filing Meeting at the KL Courts conducted the workshop at the KL Bar Auditorium at 3:00 pm. The workshop was attended by 53 participants, and covered the This was the first E-Filing meeting for 2013 and it was attended following areas: “Legal Marketing for Young Lawyers”, “Tips and by the KL Court Officers who are in charge of the E-Filing System Measures to Build a Reputation, Relationships and Clientele”, (“EFS”), representatives from the CCLC, representatives from law “Getting Speaking Engagements and Published”, and “Having a firms (EFS users), and Formis Software & Technologies Sdn Bhd Successful Networking Conference”. (service provider of EFS). The agenda included issues on helpdesk services, improvements on the EFS such as online file search, 28 Feb 2013 the Services Bureau, operating systems, previews of document PDC Seminar on Climate Change: Mother of All Environmental before filing, and delete button option. It was agreed that similar Problems and the Biggest Human Rights Violation of All Time meetings be held in the future to discuss issues and further developments. Roger Chan Weng Keng of Messrs Chan Weng Keng and Associates conducted the seminar at the KL Bar Auditorium at 20 Feb 2013 3:00 pm. This free seminar was attended by 65 participants, and Corporate Workshop for Pupils covered the following areas: “The Anthropogenic Root of Climate Change”, “Where Science Has Crept into the Law (the regulation PWC organised a Corporate Workshop for pupils. It was of CO2)”, “The Alarmist vs Counter Information”, “Climate conducted by Ong Eu Jin and Yong Yishan C, focused on aspects Change as an Environmental Problem on an Unprecedented of drafting commercial contracts through a case study on Share Scale”, “The current Trend on How Courts are Treating Climate Sale Agreement, and covered the following areas: “Overview: Change Damage in Different Jurisdictions”, “Brief Discussion on Negotiation, Due Diligence and Drafting Process”, “Commercial Massachusetts v EPA, Comer v Murphy, State of Connecticut et Considerations”, “Practical Pointers Including Common Mistakes al v American Electric Power Company Inc”, “Building Blocks for When Drafting”, “Salient Clauses Including Consideration, a Climate Change Claim”, “Reliance of Traditional Structures of Conditions Precedent, Completion, etc”, “Covenants and Environmental Laws and High Likelihood of Failure”, “Are Our

Praxis Apr-June 2013 59 State Bar News

Environmental Laws Sufficient to Ensure Survival of Progeny?”, MBC –NSBC Interstate Go-Kart Race 2013 Results “Induction of the Precautionary Principle under International Champion: Tee Keng Jin (MBC) Law”, “How Precautionary is the Precautionary Principle?”, 1st runner-up: Zulkafli Zakara (NSBC) “Short Discussion on Creative Lawyering Ingenuity and Judicial 2nd runner-up: Mohd Hasnul (NSBC) Creativity in the Light of the Precautionary Principle”, “Linking 4th place: Philip Lee Abdullah(MBC) Precaution Not as a Fundamental Right to a Fundamental Right”, 5th place: Musthafa Mohamed (MBC) and “Brief Case Studies of Lynas, Bukit Koman and Pengerang in 6th place: Anthony Chua (MBC) Light of the Precautionary Principle”. 7th place: Quek Ping (MBC) 8th place: Imam Subhan (NSBC) Malacca Bar Committee 9th place: Indran (NSBC) 10th place: Michael Tan (MBC) On 15 Dec 2012, the Malacca Bar Young Lawyers and Chambering Pupils Sub-Committee (“YLCP”) organised the 2nd FTC-MBC More than 100 members attended the Malacca Bar AGM, which Paintball Tournament at Flash Point Paintball Park, Bukit Katil, was held on 22 Feb 2013. Karen Cheah Yee Lynn was re-elected Malacca. Four groups participated in the tournament. Group as Chairperson of the MBC and Desmond Ho Chee Cheong as Two consisting of Philip Lee, Karen Cheah Yee Lynn, Mohd Fadil Representative to Bar Council. 10 members were nominated and Koh Mei Hui emerged as winners of the tournament. and elected as Committee Members, namely, Fatima bt Tahir Ali, Zalina bt Hashim, Kesavan s/o P Krishnan, Leong Zhi Hong, On 11 Jan 2013, the Professional Practice and Development Sub- Tan Yen Siang, Andrew Law Ching Hui, Mahaiyuddin b Musa, Committee organised a talk on “Shareholder Remedies – Winding Syed Ismail b Syed Omar, Loong Meng Si and Jason Kay Kit Up, Minority Oppression and Derivative Action”. The speaker, Leon. Benjamin Tay Hanyi was appointed as Secretary whereas Lee Shih, shared his immense knowledge and experiences with Mohamed Musthafa was co-opted as a Committee Member. more than 50 participants. Negeri Sembilan Bar Committee On 26 Jan 2013, YLCP organised the Malacca Bar Family Day Trip to Broga Hill. 25 participants in six cars drove to Semenyih, Negeri Prior to the AGM, the Negeri Sembilan (“NS”) Bar committee Sembilan, and trekked for 1.7 km up Broga Hill. It was indeed a organised two different sporting events, both held for the first challenging and character-building exercise. time in the history of the NS Bar. The first was a go-kart event held together with the Malacca Bar at the Malacca International On 2 Feb 2013, Malacca Bar Committee (“MBC”) and the Motorsports Circuit (“MIMC”) Track at Durian Tunggal, Malacca Negeri Sembilan Bar Committee (“NSBC”) jointly organised on 2 Feb 2013. The event was well attended by NS Bar members a Go-Kart Race at Melaka International Motorsports Circuit and we had great fun and camaderie with the Malacca Bar. We (“MIMC”), which has an international-standard 1.6-km race track, are proud to announce that NS Bar won two out of the three top packed with a variety of sharp corners and curves guaranteed to prizes. test any driver’s skills and reactions. 12 participants from NSBC and 11 participants from MBC participated in the race. The other novel sporting event was Paintball, held at Star-Fresh AgroPark, Bukit Putus, Negeri Sembilan, on 23 Feb 2013. This The 10 fastest drivers for a single lap qualified to enter the final event was attended by approximately 16 members of the NS Bar. round. Zainuritha Alfa bt Datuk Abu Hassan of NSBC is the only The Malacca Bar had been invited but were unable to send a female driver who qualified for the final round. However, due to team. NS Bar members and pupils had great fun; it was quite unforeseen circumstances, she was unable to race with the other different shooting each other with paintballs instead of words male racers in the final round. in the courtroom. All participants went home tired and bruised from the “hits” but with fond memories of the good time they The final round was exciting as three MBC racers started in the had. first two rows, surrounding Zulkafli Zakara of NSBC at the pole position, alongside MBC top driver, Michael Tan. Mechanical The NS Bar Committee was re-elected en bloc at the AGM on 28 failures caused Michael Tan, Musthafa Mohamed and Philip Lee Feb 2013, and Indran Kumaraguru was re-elected as Chairman for to lag behind and be unable to press the NSBC driver. the second term. The two new elected members are Puspanathan Sellam, who replaced K Anandaraj (previous Bar Representative to After seven exciting laps, Tee Keng Jin of MBC, who started the Bar Council), and Joseph Mathews. from the third row in the No 8 kart, managed to overtake drivers ahead of him and resisted the constant pressure from NSBC top This time, the re-elected committee kicked off the new term with driver Zulkafli. He finally crossed the finishing line to grab the a wonderful Chinese New Year function in the NS Bar building Champion’s Trophy. immediately after the AGM. They celebrated with “yee sang” and a full-scale lion dance for the first time, where the two lions MBC would like to thank NSBC for their determination to organise traversed far into the building to bring good luck and prosperity the interstate race. in the year of the snake. The food was prepared by Star Caterers and comprised an elaborate and delicious menu that included dim sum.

60 Praxis Apr-June 2013 State Bar News

Pahang Bar Committee

Pahang Bar Annual Dinner 2013

The Pahang Bar Annual Dinner 2013 was held at the Astana Ballroom of MS Garden Hotel, Kuantan, Pahang on 8 Feb 2013. The guest of honour was HRH the Sultan of Pahang, Sultan Ahmad Shah. Other prominent guests included Kuantan High Court Judge YA Dato’ Sri Mariana bt Hj Yahya, and representatives from the Bar Council, Lim Chee Wee and Steven Thiru.

In conjunction with the theme “Arabian Nights”, guests dressed up in Arabian costumes of various kinds. Bastian Vendargon won the award for the Best Dressed Men’s category, and Rosalinda Rosley won in the Best Dressed Woman’s category.

Appreciation Dinner

On 20 Feb 2013, the Pahang Bar Committee organised an appreciation dinner at Vistana Hotel, Kuantan, Pahang, to recognise the contributions of members who rendered pro bono services for legal aid cases and continuing legal education seminars, and organised the 2013 Annual Dinner.

Pahang Bar 43rd AGM

The Pahang Bar’s 43rd AGM took place at Vistana Hotel, Kuantan, Pahang on 23 Feb 2013.

Abdullah Johari Hamzah was elected as the Chairman, and Hon Kai Ping as the Pahang Bar Representative to the Bar Council.

The following members were elected to serve on the 2013/2014 committee:

Kevin Kam Soon Aun Larry Yeoh Soon Lai Muthu Kumar Suya Kumanan Ili Sara Rahman Nurul Aznie Ibrahim Mohd Izhan Razali Muzamil Alif Mohamad Zaharman Zainal Abidin Rizal Chek Hashim Shamsul Rijal Mohamed Salleh

Muthu Kumar Suya Kumanan was appointed as Secretary.

Penang Bar Committee

To start off 2013, a talk entitled “An Overview of the Recent Developments in Malaysian Intellectual Property (“IP”) Law” by Karen Abraham and Brian Law was held on 17 Jan 2013. This event was jointly organised with the Bar Council’s IP Committee and attended by 103 participants consisting of Members of the Bar and non-members.

On 19 Jan 2013, a workshop entitled “Projecting a Professional Image” by renowned beauty brand Bobbi Brown Cosmetics was held at G Hotel, Penang, and it was open to Members of

Praxis Apr-June 2013 61 State Bar News

the Bar as well as their friends and family members. The two- Result of Penang Bar Committee Elections at AGM held on hour event was designed to assist and guide women lawyers 27 Feb 2013 in enhancing their professional appearance to create a positive image when dealing with clients, judges as well as other lawyers Abdul Fareed b Abdul Gafoor (Chairman) and professionals, with tips on how to apply make-up for both day and night. Ranjit Singh s/o Mahinder Singh Palaniappan Ramasamy A belated farewell dinner was held on 25 Feb 2013 at the Penang Mohamad Ezri Abdul Wahab Club for former Senior Penang High Court Judge, YA Dato’ Seri Jo-Anne Leslie De Vries Zakaria b Sam. In his speech, Penang Bar Chairman Gnasegaran Navinder Kaur Jessy Egamparam thanked guests of honour, YA Dato’ Seri Zakaria Yeoh Su Hui and his wife, YBhg Datin Seri Noor Nazrin bt Noor Khamar, Simon Murali Kalimuthu for accepting the Penang Bar’s invitation to attend the dinner Simon Tan Hong Jin even though His Lordship had taken up his transfer to the Kuala Nicholas Tan Sook Teik Lumpur High Court on 1 Jan this year. The dinner was attended Parthipan Vairavan by 85 guests, including judges of the Penang High Court, their spouses, Members of the Bar and pupils in chambers. Nazriah Shaik Alawdin Mohd Ibrahim Abdul Rahman (Co-opted Members under s 73(vii) The highlight of the Penang Bar’s yearly calendar, the AGM was LPA 1976) held on 27 Feb 2013 at the Bayview Georgetown Hotel, Penang. This year’s AGM saw a record turnout of 415 members due Gnasegaran Egamparam (Representative to Bar Council) mainly to a motion proposed by RSN Rayer against the mandatory implementation of the Continuing Professional Development Selangor Bar Committee (“CPD”) Scheme; and the contest for the post of Representative to Bar Council between the incumbent Mureli Navaratnam and Pursuant to our ongoing commitment to the professional outgoing Chairman, Gnasegaran Egamparam. The final outcome development of members and to meet members’ demand for saw the passing of the said motion by a majority vote while the talks and seminars, the Selangor Bar Committee (“Committee”) latter saw a nail-biting end that ended in favour of Gnasegaran organised five talks and seminars on the following topics: Egamparam, who won by three votes. (1) “Conducting a Criminal Trial (With Amendments)” by Rajpal A friendly game between the Malaysian Bar veteran football team Singh and Suraj Singh (6 Dec 2012); and Penang Bar football team, which has a mixture of senior, (2) “Directors’ Duties and Liabilities” by Khairul Idham Ismail (7 juniors and everything in-between, was held on 15 Mar 2013 at Dec 2012); the Polo Ground field. The keenly-fought match ended with a (3) “Perbezaan Cara Sebatan Di Antara Undang-Undang Syariah score of 1-2 in favour of the visiting team. dan Undang-Undang Sivil” by Musa b Awang (21 Dec 2012);

62 Praxis Apr-June 2013 State Bar News

(4) “The Role of Forensic Accounting in Civil Litigation and YA Dato› Mohamad Zabidin b Mohd Diah and YA Dr Prasad Damage Quantification” by Prabhat Kumar (11 Jan 2013); Sandosham Abraham presided over the proceedings. Kanarasan and Ghandinesen represented the Selangor Bar Committee and Bar (5) “An Introduction to the Law of Passing Off” by Arunachalam Council, and Narkunavathy Sunderason represented the Attorney Kasi (8 Feb 2013). General›s Chambers. The following members spoke on behalf of each departed member, namely: An introduction session and legal aid training was held for pupils on 5 Dec 2012, where pupils were introduced to the Selangor Bar (1) Gothandapani s/o M Kanapathy on behalf of the late Sinnu Committee members, the various committees and their role, and s/o Marappan; the activities of the Selangor Bar; and given a talk on the various (2) Thavanesan s/o Kanapathipillai on behalf of the late areas of practice, the pitfalls and ethics. Pupils were also given Ghandinesen s/o Kanapathipillai; an explanation on preparation and filing of the pupillage cause (3) Haji Sulaiman b Abdullah on behalf of the late Thaiyub Khan papers, briefed on the legal aid programmes available for their b Othuman Aliar; participation, and given training on carrying out some of these (4) Tan Kim Soon on behalf of the late Vasuvi d/o Paramanathan; programmes. and (5) Wan Soo Khuan on behalf of the late Chong Weng Kong. A long-call session was held at the Shah Alam High Court on the 22 Feb 2013. Many family members and friends of the departed lawyers were present and each tribute given in honour of the latter was moving With the assistance of the Kuala Lumpur (“KL”) Bar Committee, and poignant. the Committee has issued a revised edition of “The Pupils’ Handbook”, a comprehensive guide for every pupil commencing The Committee organised the 12th Selangor–KL Bar Games pupillage in Selangor. 2012/13 on 11 and 12 Jan 2013, where seven games were scheduled to be contested. It was a highly spirited event and The Committee is proud to have a new legal aid centre in Bangi, both teams displayed good sportsmanship. Both State Bars were through our collaboration with the law faculty of Universiti declared as Joint Champions with a tie of 3½ points each. KL Bar Kebangsaan Malaysia. Legal aid can now be extended to a new retained the trophy as defending champions. community in Selangor. In recognition of the importance of keeping members updated Reference Proceedings were held at the Shah Alam High Court on the activities and events of the Selangor Bar, and the fact that on 14 Dec 2012 in memory of five of our departed members who Selangor Bar website is the best source of information for our passed away in 2011 and 2012. members, the Committee revamped the website to make it more relevant, attractive and user-friendly. All circulars, notices and

Praxis Apr-June 2013 63 State Bar News

Terengganu Bar Committee

Visit to Children Welfare Home “Taman Sinar Harapan” Through the Terengganu Young Lawyers Committee, the Terengganu Bar organised a visit to a children welfare home, which houses disabled as well as neglected children, in Taman Sinar Harapan, Kuala Terengganu, on 12 Jan 2013. 18 young lawyers and pupils-in-chambers visited the home.

Meeting between Terengganu Young Lawyers’ Committee and Pupils-in-Chambers The first meeting between Terengganu Young Lawyers Committee and pupils-in-chambers was held on 31 Jan 2013. The meeting was meant to bridge the ties between lawyers and pupils-in- reports issued are instantly available online, and older circulars chambers as well as to garner support for future programmes stored for easy access. The website has a calendar of events and organised by the Terengganu Bar. The meeting also served as meetings organised by or held at the Selangor Bar, as well as a platform for the pupils-in-chambers to raise suggestions and talks, seminars and other events with CPD points. concerns about issues affecting their pupillage.

The new website also has links to relevant cause lists and other Visit to the Asrama Anak Yatim Darul Falah Orphanage useful websites. Other useful information include court complex On 2 Feb 2013, members of the Terengganu Bar and pupils-in- layouts; the list of books available in our library; and photographs chambers visited Asrama Anak Yatim Darul Falah, an orphanage of functions, sports events, talks, and all Selangor Bar publications situated in Bukit Payung, Kuala Terengganu. The programme – annual reports, Ad Rem, the Pupils’ Handbook, among others – was organised by the Terengganu Young Lawyers Committee which can be viewed and downloaded. A special section collating and joined by almost 20 lawyers and pupils-in-chambers. The tributes to the Selangor Bar members who have passed away is programme was intended to provide moral and financial support also a feature in the website. to the orphans as well as to motivate them in their studies.

Improvements to the Shah Alam Court Complex bar room Visit to Rumah Sejahtera Wakaf Dua were another step taken for members’ benefit. The Committee On 2 Feb 2013, the Terengganu Young Lawyers Committee renovated the bar room to make it more comfortable for lawyers organised another visit to the Rumah Sejahtera Wakaf Dua in and conducive to work. Cubicles have been placed for members Marang, Terengganu, which is a nursing home for the elderly. to work privately. Computers have been added which may be Almost 20 members of the Terengganu Bar as well as pupils-in- used to prepare cause papers as well as access emails. They are chambers participated in this visit. installed with CLJ Online and Legal Workbench for legal research. Terengganu Bar 32nd AGM Plans are also underway to keep this bar room open throughout st the day once a full-time staff is recruited. The Terengganu Bar’s 31 AGM was held on 21 Feb 2013 at the Riyaz Heritage Resort & Spa, Kuala Terengganu, with the quorum The Committee published the annual Ad Rem magazine for the of 104 members and 15 pupils-in-chambers; the highest number 2012/13 term. This term’s magazine features interviews with of attendance so far. the Chairman of the Disciplinary Board, YAB Tan Sri Dato’ Abdul Khalid b Ibrahim, and numerous articles on law or legal practice, Haji Amiruddin b Abu Bakar was elected, unopposed, as many of which were contributed by members of the Selangor Bar. Chairman, Haji Mukhtar b Abdullah was elected as Representative to the Bar Council, and Hazri b Haris was re-appointed as the The office-bearers for 2013/14 were elected at the 48th Selangor Honourary Secretary. 14 members vied for 10 positions on the Bar AGM at Kelab Shah Alam on 21 Feb 2013. Vishnu Kumar was Terengganu Bar Committee, resulting in a mixture of senior and elected as the Chairman of Selangor Bar and Rajpal Singh was junior lawyers being elected as committee members. elected as Representative to Bar Council. The elected Committee members for 2013/14 are Ramesh Lachmanan, Suraj Singh, Muhamad Auliat b Ngah @ Ibrahim and Siti Shakira bt Ghani Affifuddin b Ahmad Hafifi, Wee Su Lin, Tejindarpal Kaur, Noor were elected as Terengganu Bar Representatives to the National Suhaila bt Saad, Sally Chee, Tieh Siaw Siong, Nurul Muhaniza bt Young Lawyers Committee. Hanafi and Hidhir b Mustapa. Terengganu Bar Annual Dinner st Members are requested to take note of the upcoming Selangor In conjunction with the 31 AGM, the Terengganu Bar held its Bar events and news in the next quarter (March–June 2013), annual dinner on 21 Feb 2013 at the the Riyaz Heritage Resort which includes Malam Suai Mesra on 15 June 2013. & Spa, Kuala Terengganu, with the theme of “Red and Black”. The dinner was attended by more than 100 members of the For more details and particulars of past news and events as well Terengganu Bar. as the upcoming events, kindly visit the Selangor Bar website at www.selangorbar.org.

64 Praxis Apr-June 2013 amplify your career options with Jlegal.

Calling Malaysian-Qualified lawyers.

Motorola, Malaysia - Corporate Counsel the Company: Motorola is a globally recognised, leading technology solutions company and is currently expanding its operations in the apaC region. the role: reporting to the Head of legal for apaC, this newly created position could be based in penang or Kuala lumpur. the successful candidate will be expected to independently provide legal support to Motorola’s businesses in Malaysia and indonesia. skills & Qualifications: this role is ideal for a commercially savvy lawyer with at least 7 years pQe gained with a global multinational or established law firm. Bahasa Malaysia language ability and excellent interpersonal skills are essential.y ou will do well in this role if you have the drive to succeed and ability to collaborate with senior counsel in a high-performing team. Please contact Leigh Xiao at JLegal in Singapore on +65 6818 9701 or submit your resume to [email protected] quoting Ref no: LXX – IMY 1180

Contact us for other opportunities We have a number of clients seeking top quality Malaysian-qualified lawyers to join their teams based in Singapore and/or Malaysia. Currently, candidates with a background in Construction, Manufacturing or Technology are required. Offering the chance to work within the in-house teams of internationally respected companies, these opportunities will be well suited to ambitious candidates with a desire to achieve. If you possess excellent academics and have a solid background in an international or top rated local firm, please contact us for a confidential discussion. Please contact Genevieve Chia or Leigh Xiao at JLegal in Singapore on +65 6818 9701 or submit your resume to [email protected] or [email protected]

Contact Us www.jlegal.com find jlegal on visit our website or contact us: t | +65 6818 9701 e | [email protected] singapore hong kong melbourne sydney london uae new zealand

Praxis (SG) Advert 210x280.indd 1 22/04/2013 10:30 By the Way ...

Dear El Pee See… Questions to the Bar Council Legal Profession Committee

Signatories to clients’ account Q Dear El Pee See, I am a sole proprietor in a legal firm. I am also a rising political star. As you know, the general elections are coming up very soon. The country needs me as a politician and as such I have decided to contest for the seat in the Ai Yam Dafool district, and will be extremely busy campaigning for the elections. Therefore, I seek Bar Council’s authorisation to allow my firm’s office manager, who is not a lawyer, to be one of the signatories to the firm’s clients’ account.

Yours sincerely, Ms Soon-to-Be-the-Ai-Yam-Dafool Candidate

Dear Ms Soon-to-Be-the-Ai-Yam-Dafool Candidate, A 1 In our view, It is heartening to note that you are taking up the challenge as an Ai Yam Dafool candidate. Generally, Bar Council has the authority to decide whether it is appropriate to allow an unauthorised person to sign clients’ account cheques. your absence from the firm on the basis of running for the general elections is not appropriate nor a sufficient reason for Bar Council to allow your office manager, who is not a lawyer, to be a signatory to the firm’s clients’ account. As you are aware, there is no certainty as to the time frame and certainly there is no guarantee that the rule will be complied with once the campaign period is over.

Meanwhile, I wish you the best in your run for the Ai Yam Dafool district.

Use of designation as CEO or COO in a legal firm Q Dear El Pee See, The designations Chief Executive Officer (“CEO”) and Chief Operating Officer (“COO”) are widely used in the corporate world. I like the sound of these two designations as they place great importance on the standing or position of the person in the corporation. Obviously, there is a touch of glamour to it as well. It would sound so impressive if I could just tell people that I am the person in charge, I am “it” and that I have arrived. Are there any restrictions to the usage of these designations in a legal firm?

Yours faithfully, Ms Aspire to Be the CEO of a Legal Firm A Dear Ms Aspire to Be the CEO of a Legal Firm, I regret to state that it is an aspiration of yours that will never be. A legal firm may only use “approved information” in describing one’s designation, and CEO or COO are designations that do not fall within the definition.

2 May I suggest you use the proper vehicle to arrive at your designated destination such as “Managing Partner” instead, which will have the same effect as it reflects your standing and position in the legal firm and as the person in charge of your firm?

66 Praxis Apr-June 2013 By the Way ...

Signing of letters Q Dear El Pee See, Can a non-lawyer in a firm sign a letter containing advice on law on behalf of a law firm? It is a covering letter and enclosed with it is a draft court order, which is also signed by the same person. Isn’t that a dangerous practice? How would the non- lawyer know what transpired in court and the consequences of the terms contained in the court order?

Yours faithfully, Mr Peeved with the signatory of the letter A Dear Mr Peeved with the Signatory of the Letter, You have a right to be peeved with the signatory of the letter. You also have a right to be peeved that the signatory of the letter also signed the draft court order as that is considered as advice on law. You are indeed right that a non-lawyer cannot sign letters of such nature. 3 However, letters which are purely administrative in nature may be signed by an unauthorised person/ non-lawyer.

A sole proprietor using the designation “Managing Partner” Q Dear El Pee See, Oh, I am utterly confused about the make of this firm. You see El Pee See, the letterhead of the firm states that there is only one lawyer in the firm; so I am assuming that he is the firm’s sole proprietor. But when he signed off the letter, he used the designation “Managing Partner”! Are there more people in the firm that I can deal with, you think? Are there other lawyers in the firm who are reading letters written to me? I won’t have it! Tell him to stop.

Yours faithfully, Ms Confused and Paranoid A Dear Ms Confused and Paranoid, I can understand your confusion. It is clearly not permissible for the sole proprietor in the firm to use the designation “Managing Partner” as this is a misrepresentation to the public, leading them to believe that there is more than one lawyer in the firm. We will notify the firm to cease such practice. In doing so, I hope that will also allay your paranoia.

Congratulatory newspaper advertisement of a legal firm Q Dear El Pee See, Lately, I have been seeing a lot of congratulatory newspaper advertisements by legal firms stating the firms’ name with the designation “advocates and solicitors”. Isn’t this a form of advertisement and aren’t legal firms prohibited from doing that?

Yours sincerely, Mr Lawyer Who Follows the Rules A Dear Mr Lawyer Who Follows the Rules, Once in a while, I meet lawyers like you who follow rulings and the law to a “T”. It is good to note that there are lawyers like you around to preserve the dignity of the profession. We have always maintained that legal firms can put up a congratulatory advertisement in a newspaper but the words “advocates and solicitors” should be omitted. 4

Footnotes 1 Rule 11(6) of the Solicitors’ Account Rules 1990 2 Section 2 of the Legal Profession (Publicity) Rules 2001 3 Ruling 14.02 of the Rules and Rulings of the Bar Council Praxis Apr-June 2013 67 4 Ruling 5.02(3) of the Rules and rulings of the Bar Council Appointments

Taylor’s Law School

Established in 1992, Taylor’s Law School at Taylor’s University is a young and vibrant institution that is home for highly motivated staff and students. The School currently offers the Bachelor of Laws (Honours) Degree in collaboration with the University of Reading, UK. In 2012, Taylor’s Law School has expanded its wings to offer a wider variety of law programmes by launching our homegrown Taylor’s University Bachelor of Laws Degree and postgraduate Law Degrees. To enhance our international outlook, in addition to the University of Reading, Taylor’s Law School is working in collaboration with other UK partners, namely, University of Manchester, University of Sheffield, University of Leeds, Cardiff University and the University of West of England, Bristol. In line with these and other plans for expansion into new areas, including high impact research, solid engagement with the industry and a clear agenda for transformational teaching and learning, Taylor’s Law School is seeking dynamic academics and intellectuals to join the team.

Known for its excellence in teaching, learning and industry relevance, Taylor’s University is a member of TAYLOR’S EDUCATION GROUP which is a top quality private education provider in South East Asia. The University recognises and rewards excellence - to bring out the best in our students, to motivate our employees into exceeding their own expectations, and ultimately to raise the standard of educational excellence.

Taylor’s University is seeking individuals who are looking for an opportunity to shine as:

Senior Lecturers / Lecturers (Taylor’s Lakeside Campus, Subang Jaya, Selangor)

Responsibilities:

• Responsible to undertake teaching, research, scholarly activities and academic development.

Area of specialisations:

• Healthcare and Medical Law • International Business & Trade Law • Intellectual Property Law

Requirements:

• Must possess a Masters Degree in the area of specialisation with appropriate teaching experience and related industry or research experience. Those with PhD will have an added advantage. • Those without relevant teaching experience but with a passion for teaching and learning will be considered.

Successful candidates can expect an attractive remuneration package (including attractive fringe benefits such as education subsidy, interest-free education loan, discount for children’s education) plus a conducive working environment.

Interested candidates are invited to send in a detailed resume, contact telephone number, a passport size photo, current and expected salary and two referral letters or contact details of the referees, to the email or post to the address below:-

Human Resource Department Taylor’s Lakeside Campus No. 1 Jalan Taylor’s 47500 Subang Jaya Selangor Darul Ehsan P.O Box 3064

Email: [email protected] or [email protected]

Taylor appointment adv 231012.indd 1 10/25/12 9:21 AM Appointments

Robert Walters is one of the world’s AVP, CorPorAte LegAL SenIor ASSoCIAte leading specialist professional A leading cross-media conglomerate is seeking an A regional law firm is seeking a senior associate recruitment consultancies with 53 AVP for their Legal team based in Kuala Lumpur. to join its dynamic team in Kuala Lumpur. offices spanning 24 countries. We have recently established our legal Key Responsibilities include: Key Responsibilities include: recruitment division helmed by legal • review, draft and negotiate various types of • advice clients in relation to all aspects of professionals who handle permanent agreements, in particular, agreements relating corporate and commercial transactions in the legal roles in various industries to the acquisition, licensing and production areas of M&A, commercial contracts and equity including IT, telecommunication, of content as well as agreements relating to capital market agreements pharmaceutical, FMCG, supply chain, manufacturing, property, construction advertising and sponsorship • draft agreements, prospectus and public as well as oil & gas. • provide legal advice to the various divisions in disclosure documents the Company on a range of matters including, • act as a corporate and commercial lawyer To find out more about the roles advertised entertainment related transactions, contract law, or other legal opportunities, please contact: company law and intellectual property law

SAMMIe SAM, ASSoCIAte DIreCtor, LegAL E: [email protected] Key Requirements include: Key Requirements include: T: +603 2380 8719 • a law degree with at least 8 to 12 years’ of • minimum 2:1 LLB (Hons) with 3 to 5 years’ post Yoke MAY LIM, ConSuLtAnt, LegAL legal practice experience in a legal firm and/or qualification experience E: [email protected] corporate entities • good understanding of contract/commercial law T: +603 2380 8745 • excellent drafting and vetting skills, preferably with experience in advisory and opinion writing LInDY Ho, ConSuLtAnt, LegAL with corporate and/or IP related experience • must be proficient in English and proficiency in E: [email protected] • excellent communication skills with the ability to Chinese languages are an advantage T: +603 2380 8755 work in a high pressure, dynamic environment

www.robertwalters.com.my

Asset Management Manager Asset Management Division (Category: Executive) Advertise in the Responsibilities: • Assess recovery options and make recommendation on action(s) to be Praxis taken for non-performing loans / specific delinquent accounts • Evaluate restructuring and settlement proposal from clients, guarantors, shareholders etc which includes research, preparing of memorandum and presentation of proposal to the Lending Committee • Liaise with solicitors on preparation of loan documentation for restructuring purposes • Liaise with clients, guarantors, shareholders, solicitors, monitoring accountant, receiver and manager and liquidators in loan recovery process • Monitor progress of recovery actions initiated such as appointment of receiver and manager and commencement of legal action • Timely preparation of reports on non-performing loan to Board and Management.

Requirement: • Minimum Bachelors Degree or equivalent in Legal Studies/Law, Finance, Accountancy, Business Administration, Economics or or equivalent. • Minimum 5 years working experience in loan recovery. • Highly well versed with the legal aspects of loan recovery. • Excellent communication and writing skills in English & Malay language. • Possess initiative, good interpersonal and negotiation skills. • Resourceful, analytical, proactive and highly motivated individual. • Able to work independently and within tight deadline.

Interested candidates, please submit your complete resume and application to [email protected]

Only shortlisted candidates will be notified.

Malaysia Debt Ventures Berhad Level 5, Menara Bank Pembangunan

1016, Jalan Sultan Ismail, 50250 Kuala Lumpur R R

www.mdv.com.my

Praxis Apr-June 2013 69 Bar Updates/Notices New Admissions to the Malaysian Bar (As at time of publication)

SIJIL Name DATE CALLED K/1075 Komarusamy Shunmugam 22-Jun-12 ANNUAL TO THE BAR S/2620 Siti Mahanisayu Binti Marhaban 22-Jun-12 NO M/2155 Maryam Binti Khalid 25-Jun-12 N/2276 Nor Hidayah Binti Salam 1-Jun-12 Y/660 Yeoh Lay See 25-Jun-12 O/368 Ooi Ai Jia 1-Jun-12 K/1074 Korinavathi A/P Krishnamoorthi 25-Jun-12 M/2142 Masnira Binti Mohammad Shakry 1-Jun-12 L/2068 Leong Ooi Ling 25-Jun-12 O/369 Ong Chen Hui 1-Jun-12 T/1484 Tee Kuo Ying 25-Jun-12 K/1069 Koay Weng Man 1-Jun-12 T/1481 Teh Nurain Binti Kamaralzaman 25-Jun-12 A/1904 Aziatul Afrizan Binti Alias 7-Jun-12 T/1477 Teoh Woon Ron 25-Jun-12 S/2551 Sharimilathevy A/P Santhirasekaranathan 8-Jun-12 N/2322 Nur Amalina Binti Haris 25-Jun-12 N/2283 Nur Nadiah Binti Mohamad Tamazi 8-Jun-12 N/2343 Nur Amira Binti Abd Razak 25-Jun-12 S/2558 Siti Roslianti Binti Rosli 8-Jun-12 M/2166 Mah Mun Yan 25-Jun-12 N/2289 Noor Aisha Binti Apisah 8-Jun-12 N/2327 Nurhidayah Binti Mohd Puzi 25-Jun-12 N/2293 Najwa Aqilah Binti Mansor 8-Jun-12 M/2156 Mohamad Aizat Bin Abdul Rahim 25-Jun-12 N/2333 Nurul Izzah Binti Mohd Ahkar Nawawi 8-Jun-12 T/1479 Tasha Prasheela A/P Chandra 25-Jun-12 N/2324 Nurezzah Liyana Binti Mohamad Daud 8-Jun-12 N/2345 Nurhaziyah Binti Abd Halim 25-Jun-12 M/2154 Melanie Tann Mei Yan 8-Jun-12 S/2579 Sin Yao Ying 25-Jun-12 L/2072 Lim Lee Ting 8-Jun-12 N/2339 Na Wee Jern 25-Jun-12 N/2337 Nor Hidayat Binti Mat Zin 10-Jun-12 S/2577 Suhaila Binti Mohamed 25-Jun-12 N/2296 Ng Lee Ping 12-Jun-12 M/2161 Mohd Asni Bin Mansor 26-Jun-12 N/2307 Noor Asyura Bt Mohd Sairy 12-Jun-12 C/1501 Chong Siew Mee 27-Jun-12 A/1900 Abdul Halem Bin Mohamad Husin 12-Jun-12 B/269 Boo Ee Hong Aaron 27-Jun-12 M/2141 Muhamad Fauzi Bin Salehuddin 13-Jun-12 N/2349 Nik Mohd Nashriq Bin Mohd Nazman 28-Jun-12 F/536 Farekhah Hafizah Binti Hamad Wahid 13-Jun-12 N/2350 Norsyazwani Binti Abdullah 28-Jun-12 H/875 Hee Wai Ming 14-Jun-12 M/2167 Mohammad Shaiful Bin Nasir 29-Jun-12 A/1924 Amal Nasibah Binti Ismail 14-Jun-12 U/64 Ungku Ahmad Hafis Bin Ungku Fathil 29-Jun-12 J/589 Jayaganes A/L Rajanderan 14-Jun-12 E/243 Emir Eizat Bin A. Malik 29-Jun-12 R/1061 Rozilawati Binti Mat Hassan 14-Jun-12 N/2335 Norhidayu Binti Arshad 29-Jun-12 M/2174 Muhamad Azmi Bin Ariffin 14-Jun-12 N/2323 Nor Fazli Bin Che Sab 29-Jun-12 N/2440 Nurul ' Ain Binti Md. Saad 15-Jun-12 O/370 Ong Kar Boon 29-Jun-12 A/1923 Ahmad Ziadi Bin Zaidon 15-Jun-12 F/543 Farrahanie Yasmin Binti Ahmad Yusoff 2-Jul-12 N/2332 Nur Syazwani Binti Ramlee 15-Jun-12 L/2067 Lee Chang Zhin 2-Jul-12 S/2576 Satia A/L K.Krishnan 15-Jun-12 N/2317 Nur Zalika Binti Mohd Asri Redha 2-Jul-12 M/2170 Muhammad Hakimie Bin Ali 15-Jun-12 L/2066 Lee Ai Wi 2-Jul-12 S/2567 Salwa Binti Sulaiman 15-Jun-12 C/1499 Carole Ngu Kek Hiong 2-Jul-12 L/2064 Loo Shin Yee 15-Jun-12 T/1482 Tan Siau Suan 2-Jul-12 N/2298 Nur Azam Bin Kamarudin 18-Jun-12 F/544 Farkhana Binti Omar 2-Jul-12 C/1498 Chew Zi Xian 18-Jun-12 K/1078 Koh Kean Kang 2-Jul-12 E/241 Eyza Farizan Binti Mokhtar 18-Jun-12 M/2148 Mohd Zhafri Bin Aminurashid 2-Jul-12 N/2326 Noor Ibrati Binti Che Muda 18-Jun-12 S/2561 Saidatun Nadia Binti Ahmad Shukri 2-Jul-12 M/2160 Mohd Fareez Bin Jahaya 18-Jun-12 A/1920 Alia Anis Binti Yaacob 2-Jul-12 S/2569 Salwani Binti Sulaiman 18-Jun-12 S/2615 Sharifah Nur Atiqah Binti Syed Yaziz 2-Jul-12 M/2171 Maizarith Binti Mahadzir 18-Jun-12 J/576 Jaswin A/P Rajendiran 2-Jul-12 N/2330 Nur Shazlina Binti Ahmad Kamel 18-Jun-12 T/1490 Tan Saw Bee 2-Jul-12 M/2213 Mohammad Naim Bin Haji Mahmud 18-Jun-12 N/2344 Nurul Izzati Binti Mohammed 2-Jul-12 I/277 Izzah Zayana Binti Abu Bakar 18-Jun-12 A/1921 Ahmad Syiimir Bin Suffian 2-Jul-12 H/876 How Pek Lean 18-Jun-12 J/577 Janardhane A/P Muniandy 6-Jul-12 M/2159 Muhammad Nor Izzat Bin Nordin 21-Jun-12 Y/661 Yeoh Jit Wei 6-Jul-12 G/481 Gan Khai Siong 21-Jun-12 T/1480 Teng Peck Yin 6-Jul-12 S/2573 Siti Fariza Binti Jaafar 21-Jun-12 B/270 Balkis Farhana Binti Othman 6-Jul-12 E/244 Emily Jarian 21-Jun-12 M/2157 Mohamad Izahar Bin Mohamad Izham 6-Jul-12 N/2351 Noorhaliza Binti Othman 22-Jun-12 L/2071 Lukas Lim Xia Wei 6-Jul-12 S/2574 Srisopha Koammapat A/P Niran 22-Jun-12 R/1075 Rosmira Binti Ayub 6-Jul-12 L/2079 Lim Chin Wern 22-Jun-12 M/2168 Muhammad Hakim Bin Abdul Monir 6-Jul-12 F/540 Farhana Binti Mohammed Jabarullah 22-Jun-12 M/2162 Muhammad Hafiz Bin Hood 6-Jul-12 M/2164 Mohd Zakwan Bin Adenan 22-Jun-12 T/1494 Tee Pei Yin 6-Jul-12 V/271 Viswanath A/L C. Kandasamy 22-Jun-12 L/2083 Lim Qiu Jin 6-Jul-12

70 Praxis Apr-June 2013 Bar Updates/Notices

G/484 Guan Shu Pei 6-Jul-12 J/591 Jane Tang Soke Yin 1-Oct-12 Y/662 Yap Chiu Wan 6-Jul-12 W/762 Wong Jing Xin 1-Oct-12 L/2082 Lee Ming Loong 19-Jul-12 M/2212 Mohd Shahrin Bin Mohd Nasir 4-Oct-12 N/2340 Norzahirah Binti Zakri 19-Jul-12 C/1547 Chan Meow Ting 8-Oct-12 M/2207 Mohd Fahmy Bin Mohd Sulaiman 19-Jul-12 M/2227 Melissa Teh Sze Yee 8-Oct-12 C/1533 Chong Min How 20-Jul-12 L/2142 Lina Nadrah Binti Jaafar 8-Oct-12 S/2621 Shanmuka Thasan A/L Gunasekaran 20-Jul-12 S/2613 Siti Nur Zahidah Binti Muhamad 8-Oct-12 L/2090 Lim Yin Shan 20-Jul-12 Z/426 Zarith Husna Binti Kasman 8-Oct-12 T/1483 Tan Kok Thong 20-Jul-12 L/2121 Lee Chen Hueh 8-Oct-12 J/592 Junaidah Binti Mohammad Khan 20-Jul-12 L/2138 Lee Shing Yi 22-Oct-12 W/741 Wan Nurshafina Binti Wan Mohd Samsudin 20-Jul-12 C/1552 Chai Pei Yee 22-Oct-12 L/2077 Lim Ching Yong 20-Jul-12 C/1554 Chia Gek Liang 22-Oct-12 N/2346 Nur Hajarul Ain Binti Mohd Yusof 20-Jul-12 M/2218 Melissa Bte Ismail 22-Oct-12 W/742 Wendy Lau Sie Sie 20-Jul-12 S/2616 Subahsini A/P Kandasamy 22-Oct-12 Z/423 Zaharah Binti Othman 20-Jul-12 J/590 Jeevendra Raj A/L Yogaraj 22-Oct-12 T/1492 Teh Yin Chiew 25-Jul-12 S/2612 Sharifah Izyan Farha Bt Syed Ahmad Bakery 22-Oct-12 S/2578 Sheelaa A/P Ragavan 26-Jul-12 G/496 Gillian Looh 22-Oct-12 T/1486 Tan Yee Chian 26-Jul-12 B/275 Benjamin Tay Hanyi 1-Nov-12 G/483 Goh Shook Mei 26-Jul-12 N/2420 Nik Norhaizun Binti Che Mat 1-Nov-12 S/2580 Shalini Yeap May Hwa 26-Jul-12 P/494 Phoon May Wan 5-Nov-12 N/2444 Nur Afiqah Binti Arisol 26-Jul-12 P/498 Pavendeep Singh A/L Gurbachan Singh 5-Nov-12 I/286 Izharul Effendy Bin Ramli 27-Jul-12 S/2623 Seng Ben Jee 5-Nov-12 S/2633 Shahriman Bin Ruslan 27-Jul-12 K/1108 Khoo Tee Eng 5-Nov-12 N/2449 Nurmifatul Shuhadah Binti Mustafa 27-Jul-12 N/2421 Nurul Zawani Binti Mohd Abd Rahim 5-Nov-12 V/273 Venoranjiny Joy A/P Vasoodaven 27-Jul-12 C/1544 Chioh Jia Chiam 5-Nov-12 L/2076 Loi Yap Loong 27-Jul-12 T/1539 Teo Boon Beng 5-Nov-12 L/2081 Lim Bee San 27-Jul-12 L/2128 Lam Pooi Mun 5-Nov-12 A/1926 Amalina Yasmin Binti Haji Mohd Sokri 27-Jul-12 A/1951 Abdullah Shurayh Bin Awaluddin 5-Nov-12 T/1485 Teoh Beni Chris 27-Jul-12 L/2124 Lian Shar Hoong 5-Nov-12 N/2353 Ng Dee Ming 27-Jul-12 L/2127 Lim Wui Chen 5-Nov-12 T/1487 Tang Zhen Sheng 27-Jul-12 C/1540 Cheong Heng Wai 5-Nov-12 C/1504 Crystal Sue Nilsson 3-Aug-12 R/1072 Rutharakumaran A/L Parthesi 5-Nov-12 Y/664 Yong Siew Lee 3-Aug-12 D/312 Ding Chew Har 5-Nov-12 Q/34 Quek Ming Sen 3-Aug-12 S/2637 Seow Wee Loong 9-Nov-12 M/2206 Mohana Priya A/P Rama Krishnan 10-Aug-12 A/1957 Aziyan Binti Azlan 9-Nov-12 P/496 Prasana A/P Selvam 10-Aug-12 T/1548 Tan Yi Lyn 9-Nov-12 J/579 Jennifer Lai Sui Ting 10-Aug-12 C/1553 Chin Siew Yen 9-Nov-12 L/2084 Lim Tee Yong 13-Aug-12 S/2614 Sonia A/P Deva Doss 9-Nov-12 T/1488 Tan Fu Seng 13-Aug-12 C/1543 Chin Lit Fwu 9-Nov-12 L/2087 Linda Lau Ming Giin 13-Aug-12 C/1537 Chew Pei Yee 9-Nov-12 T/1535 Tey Sze Chze 13-Aug-12 S/2617 Sri Kalaivanee A/P Veeraya 16-Nov-12 T/1493 Teng Weng Loong 13-Aug-12 G/498 Gervenne Lau Zhe - Ann 16-Nov-12 A/1929 Addy Herg 13-Aug-12 N/2448 Nur Adilah Binti Abdul Ghani 22-Nov-12 N/2426 Normala Binti Ismail 13-Aug-12 M/2211 Marcus Tham Kah Choong 26-Nov-12 T/1547 Tee Chor Wai 15-Aug-12 Q/37 Quek Chen Hooi 26-Nov-12 T/1508 Tharishni A/P V Arumugam 3-Sep-12 L/2130 Lim Wee Hann 26-Nov-12 K/1088 Kishori Soosan Patnaikk 3-Sep-12 T/1542 Ti Soo Ling 26-Nov-12 G/500 Goh Yau Kuok 3-Sep-12 H/894 Ho Wei Haun 26-Nov-12 L/2126 Lee Chea Shinh 3-Sep-12 K/1116 Kavetha A/P Murugaya 26-Nov-12 N/2424 Nur Aishah Binti Mustafah 3-Sep-12 C/1541 Chau Yen Loong 26-Nov-12 T/1540 Tan Kea Yong 10-Sep-12 L/2123 Leon Gan Han Chen 26-Nov-12 L/2116 Lee Siew Chin 14-Sep-12 R/1071 Rathnadevi A/P Irusan 26-Nov-12 C/1545 Chan Yun Nee 14-Sep-12 L/2125 Leena Darshini A/P Raguchandran 26-Nov-12 J/593 Jasmin Chuah Chai Hui 14-Sep-12 H/893 Haireen Binti Halimi 26-Nov-12 U/66 Ummu Farah Haidar Binti Zulkifli 20-Sep-12 M/2220 Muniswer A/L Poniah 26-Nov-12 T/1536 Teh Ming Hian 24-Sep-12 C/1551 Cheah Ru Jii 26-Nov-12 M/2221 Moorthy A/L Applanaidu 24-Sep-12 L/2120 Lee Lyn - Ni 30-Nov-12 M/2223 Mohd Dasuki Bin Mat Noh 28-Sep-12 C/1536 Chai Xiao Hooi 30-Nov-12 C/1555 Cheryl Ho Lee Ming 1-Oct-12 T/1538 Teo Guan Seng 30-Nov-12 N/2428 Nurul Nadia Binti Ariffin 1-Oct-12 Y/677 Yap Hon Wai 30-Nov-12 O/380 Oazair Bin Huneid Tyeb 1-Oct-12 R/1073 Roxanne Seah Hwee Shen 30-Nov-12 L/2117 Long Chay Jo 1-Oct-12 O/379 Ooi Seow Wen 30-Nov-12

Praxis Apr-June 2013 71 Bar Updates/Notices

L/2144 Lee Poi Phoon 30-Nov-12 A/1961 Ashwin A/L Kumar 11-Jan-13 A/1959 Alecia Lee Yuan Yi 30-Nov-12 A/1962 Ahmad Muslim Bin Rozlan 11-Jan-13 J/588 Joshua Kuan Kai Wen 30-Nov-12 S/2630 Siti Nurul Aqmar Binti Mohd Fuad 11-Jan-13 T/1537 Tan Yien Lee 30-Nov-12 K/1112 Kua Ying - Xin 11-Jan-13 T/1541 Teo Chia Boon 30-Nov-12 L/2139 Lim Soo Zee 11-Jan-13 S/2624 Saiyidah Izzati Nur Bt Razak Maideen 30-Nov-12 M/2217 Mohd Nawi Bin Othman 11-Jan-13 T/1545 Tan Chia Wen 30-Nov-12 L/2143 Lee Cui Lian 11-Jan-13 T/1543 Teh Shin Yenn 30-Nov-12 A/1964 Aida Hilwa Binti Mohd Amir 11-Jan-13 V/279 Vageetha A/P Selva Kumaran 30-Nov-12 L/2134 Ling Hee Keat 11-Jan-13 O/381 Ooi Hui Yi 30-Nov-12 L/2132 Lee Leong Soon 11-Jan-13 V/278 Vivekananda A/L Sukumaran 7-Dec-12 C/1550 Chen Chiu Hua 11-Jan-13 A/1958 Aizad Bin Abul Khair 7-Dec-12 M/2210 Muhammad Harez Fitri Bin Roslee 11-Jan-13 A/1960 Ahmad Zayd Bin Ahmad Zuber 7-Dec-12 S/2631 Sally Lim Soek Ai 11-Jan-13 J/595 Jhaimal Singh Korotana 7-Dec-12 Y/679 Yeow Tze Yi 11-Jan-13 L/2129 Lim Zi Hwei 7-Dec-12 K/1114 Khairun Atiah Binti Abd Karim 11-Jan-13 C/1546 Chung Shang Hui 7-Dec-12 W/764 Wong Shi Ki 11-Jan-13 D/311 Divya A/P Raghavan Nair 7-Dec-12 L/2140 Liew Vui Nyen 11-Jan-13 I/284 Ina Shafina Binti Sahimi 7-Dec-12 J/594 James Joshua A/L Paulraj 11-Jan-13 K/1111 Kenny Wong Kit Lee 7-Dec-12 S/2638 Shaheera Binti Zulkifli 16-Jan-13 S/2619 Shaily Tsai Shay Lee 7-Dec-12 U/68 Umi Kalsum Syazwani Bt Shahbila 17-Jan-13 C/1539 Chow Yee Wei 7-Dec-12 N/2436 Naemah Binti Mohamad Amin 17-Jan-13 G/497 Grace Khoo Mei Yen 7-Dec-12 O/382 Omar Saifuddin Bin Aziz @ Abdul Aziz 21-Jan-13 P/497 Phang Ling San 7-Dec-12 Y/680 Yee Chew Wei 21-Jan-13 C/1542 Chui Jun Wei 7-Dec-12 N/2439 Nurufarhina Binti Ab Rahim 21-Jan-13 L/2122 Lee Si Han 7-Dec-12 T/1551 Tan Chi Hong 21-Jan-13 K/1109 K. Sheela A/P T. Vinayaka Das 7-Dec-12 W/763 Wan Nurhanis Binti Wan Ismail 21-Jan-13 C/1534 Chan Yun Ling 7-Dec-12 M/2216 Michael Koh Boon Han 21-Jan-13 C/1531 Chong Zhaojun 7-Dec-12 M/2214 Mohan Ramaasaamy 21-Jan-13 C/1538 Christina Anna Marie A/P Joseph Raj 14-Dec-12 N/2431 Nur Hidayah Binti Saidi 21-Jan-13 S/2629 Syed Ismit Putra Bin Syed Mohd Fuad 18-Dec-12 N/2433 Norsyafiqah Binti Naibmuddin 22-Jan-13 A/1963 Arzeekariha Awang 20-Dec-12 N/2434 Nuruljannah Binti Mohd Joaini 22-Jan-13 M/2208 Mohd Ereiyuskha Bin Mohd Yusof 20-Dec-12 M/2219 Mohamad Hafiz Bin Mohamad Razman 22-Jan-13 C/1548 Colin Phang Wee Kiat 20-Dec-12 M/2222 Muhammad Arif Bin Shaharuddin 25-Jan-13 N/2423 Nabilah Binti Mohamad 20-Dec-12 N/2441 Nurhasyimah Binti Nawawi 25-Jan-13 N/2451 Ng Lay Hun 20-Dec-12 N/2432 Nurliyana Binti Hashim 25-Jan-13 S/2626 Salwani Binti Mahasan 28-Dec-12 H/896 Hairul Akram Bin Hazelan 8-Feb-13 N/2427 Nur Adilah Binti Kamarzaman 28-Dec-12 Z/428 Zulaikha Binti Fardi 8-Feb-13 M/2215 Mohamed Nazmie Bin Mohamed Rosli 4-Jan-13 A/1968 Afif Bin Ahmayuddin 8-Feb-13 A/1965 Anis Nabila Binti Abdul Rahim 4-Jan-13 N/2445 Nawal Husna Binti Masri 8-Feb-13 T/1550 Tan Hou Xieh Burton 4-Jan-13 S/2634 Shaun Terence Teo Ken Wern 8-Feb-13 G/501 Gan Xu Yan 4-Jan-13 N/2442 Nor Atiqah Binti Abd Wahab 8-Feb-13 A/1969 Ahmad Fadzli Bin Ahmad Munir 4-Jan-13 S/2639 Siti Hawa Binti Ahmad Aani 8-Feb-13 L/2148 Lim Soh Yee 4-Jan-13 A/1966 Aida Khairuleen Binti Azli 8-Feb-13 T/1554 Tan Li Yin 7-Jan-13 L/2141 Lee Su Vin 8-Feb-13 C/1557 Chua Tze Ping 7-Jan-13 N/2443 Nurul Hasanah Binti Mohd Fauzi 21-Feb-13 L/2146 Lingswaran Singh A/L Suran Singh 7-Jan-13 S/2640 Siti Nurhanim Binti Abu Hassan 21-Feb-13 L/2147 Lau Zhi Yan 7-Jan-13 N/2452 Nurul Syahida Binti Ramli 21-Feb-13 G/499 Goh Teik Chuan 7-Jan-13 M/2230 Mohd Azzamuddin Shah Bin Yaakap 22-Feb-13 T/1544 Tay Por Hai 7-Jan-13 Q/38 Qasiratul Jannah Usmani Binti Othman 22-Feb-13 S/2627 Sarah Jane Mathews 7-Jan-13 N/2450 Nurul Nadia Binti Sharidan 22-Feb-13 N/2422 Nicole Chee Chai Kuan 7-Jan-13 M/2229 Muhammad Daniel Bin Hafiz Steven Law 22-Feb-13 P/499 Phua Mei Yan 7-Jan-13 S/2635 Syazlin Binti Mansor 22-Feb-13 T/1549 Teoh Lin Nar 7-Jan-13 I/287 Izzat Asyraf Bin Zamri 22-Feb-13 K/1113 Khoo Bee Wah 7-Jan-13 W/765 Wong Vic Kie 22-Feb-13 L/2137 Lim Ka Eng 7-Jan-13 N/2447 Nurulfarhana Binti Ariffin 22-Feb-13 T/1546 Teo Wee Xin 7-Jan-13 A/1973 Ahmad Fauzan Bin Abdul Aziz 22-Feb-13 Y/678 Yap Chin Wen 7-Jan-13 M/2228 Meor Hafiz Bin Salehan 22-Feb-13 C/1549 Chew Hui Ann 7-Jan-13 A/1970 Abdul Hakeem Aiman Bin Mohd Affandi 22-Feb-13 N/2438 Nur Hidayah Binti Mhd Mustaffa 8-Jan-13 A/1967 Amalina Bte Ismail 22-Feb-13 C/1556 Chuah Phei San 11-Jan-13 S/2636 Syed Muhd Isa @Ismat Bin Syed Muhamad 22-Feb-13 K/1110 Kho Sze Jia 11-Jan-13 M/2226 Mohd Edy Fazli Bin Abd Rahim 22-Feb-13 I/285 Izyan Anis Bte Musanif 11-Jan-13 H/897 Hamidi Bin Mohdnoh 22-Feb-13

72 Praxis Apr-June 2013 Bar Updates/Notices SUMMARY OF CIRCULARS (January to March 2013)

Circular No 016/2013: Reorganisation of Civil High Courts Circular No 057/2013: Malaysian Bar LawCare Fund Access this circular to view the reorganisation of certain Civil High Courts, which took effect on 2 Jan 2013. Members contribute RM100 a year to the LawCare Fund, and are entitled, in return, to certain benefits. Access this circular for more details.

Circular No 016/2013: Reorganisation of Civil High Courts Access this circular to view the reorganisation of certain Civil High Courts, which took effect on 2 Jan 2013. Circular No 060/2013: 2012/13 Annual Report for the 67th Annual General Meeting of the Malaysian Bar Access this circular to obtain a soft copy of the 2012/13 Annual Report.

Circular No 019/2013: Companies Commission of Malaysia Practice Note 15/2012 The Companies Commission of Malaysia has issued Practice Note No 15/2012, dated 31 Dec 2012, to provide Circular No 062/2013: Addition to Appendix A of the Chief Registrar’s Circular No 1 of 2013 clarification on the minimum capital to be paid in, upon the incorporation of a company under the Companies We refer to Circular No 048/2013 dated 28 Feb 2013, relating to the Chief Registrar’s Circular No 1 of 2013 Act 1965. Access this circular for more details. entitled “Fixing of Civil Cases at the Subordinate Courts Pursuant to the Coming into Force of the Subordinate Courts (Amendment) Act 2010”, which took effect on 1 Mar 2013. The Chief Registrar of the Federal Court of Malaysia, Azimah bt Omar, has informed us of an addition to Appendix A of the Chief Registrar’s Circular No 1 Circular No 020/2013: 2013 Hotel Corporate Rates of 2013. Access this circular for more details. As a Member of the Bar, you are entitled to enjoy preferential hotel corporate rates secured by Bar Council. We are pleased to provide you with an updated list of 2013 corporate rates for a wide selection of 104 hotels from Malaysia and Singapore, to suit your accommodation needs. Access this circular for more details. Circular No 065/2013: Agenda and Motions for the 67th Annual General Meeting of the Malaysian Bar Access this circular to view the agenda and motions for the 67th Annual General Meeting of the Malaysian Bar.

Circular No 022/2013: Rules on Cessation of, or Change in, Practice Members are reminded that those who wish to cease practice, either on a permanent or temporary basis, or Circular No 066/2013: Conveyancing Practice Committee’s Decisions and Recommendations Made intend to practise with another firm, are required to notify the Bar Council in accordance with section 31(2) Between 20 June 2008 and 9 Mar 2012 of the Legal Profession Act 1976, and to comply with the Bar Council’s Rules on Cessation of, or Change in, As a general guidance to Members of the Bar on conveyancing practice area, the Conveyancing Practice Practice. Access this circular for more details. Committee has compiled and attached a copy of its decisions and recommendations made between 20 June 2008 and 9 Mar 2012. Access this circular for more details.

Circular No 027/2013: Stamp Duty (Remission) (No 3) Order 2012 and Stamp Duty (Remission) (No 4) Order 2012 Circular No 068/2013: Interview: The Implementation of the Continuing Professional Development Please be informed that Stamp Duty (Remission) (No 3) Order 2012 and Stamp Duty (Remission) (No 4) Order Scheme in Malaysia 2012 came into effect on 1 Jan 2013, and are applicable where the Sale and Purchase Agreement is executed In this interview, Santhi Latha, Director of Continuing Professional Development (“CPD”) Department talked on or after 1 Jan 2013, but not later than 31 Dec 2014. Access this circular for more details. to Steven Thiru, Treasurer of the Malaysian Bar; and HR Dipendra, Chairperson of the Professional Standards and Development Committee about the different considerations in implementing the CPD Scheme in Malaysia. Access this circular to read the interview. Circular No 029/2013: Registrar of the High Court of Malaya’s Practice Direction No 1 of 2013 | Foreclosure Proceedings and Public Auction of Immovable Properties at the High Court of Malaya The Registrar of the High Court of Malaya has extended to us a copy of his Practice Direction No 1 of 2013 Circular No 072/2013: The Chief Registrar’s Administrative Order No 1 of 2013 and Administrative relating to foreclosure proceedings and public auction of immovable properties at the High Court of Malaya. Order No 2 of 2013 Practice Direction No 1 of 2013 took effect on 29 Jan 2013. Access this circular for more details. The Chief Registrar of the Federal Court of Malaysia, Azimah bt Omar, has extended to us copies of the Chief Registrar’s Administrative Order No 1 of 2013 and Administrative Order No 2 of 2013 — Construction Cases at the Subordinate Courts. Both Administrative Orders took effect on 1 Mar 2013. Access this circular to view Circular No 034/2013: Update on Basement Car Park of the Palace of Justice, Putrajaya the two Administrative Orders. We refer to Circular No 259/2012 dated 10 Dec 2012 regarding access to the basement car park of the Palace of Justice in Putrajaya. The Chief Registrar of the Federal Court of Malaysia has informed us that the basement visitors’ car park (Level LG) has been redesignated as a car park for staff, with effect from 1 Feb 2013. Access Circular No 073/2013: Resolutions Adopted at the 67th Annual General Meeting of the Malaysian this circular for more details. Bar on 16 Mar 2013 Access this circular to view the adopted resolutions.

Circular No 035/2013: Practice Direction No 1 of 2013 | Security Offences (Special Measures) Act 2012 The Deputy Chief Registrar of the Federal Court of Malaysia has extended to us a copy of Practice Direction No Circular No 079/2013: Updates on the Implementation of the E-filing System | List of Registrars in 1 of 2013 relating to the Security Offences (Special Measures) Act 2012 (Act 747). Practice Direction No 1 of Charge of E-filing 2013 took effect on 1 Mar 2013. Access this circular for more details. Access this circular to view the list of Registrars in Charge of e-filing.

Circular No 036/2013: Practice Direction No 2 of 2013 | Mediation Process for Road Accident Cases in Circular No 081/2013: Implementation of Biometric System at Pejabat Pengarah Tanah dan Galian Magistrates’ Courts and Sessions Courts Wilayah Persekutuan Kuala Lumpur The Deputy Chief Registrar of the Federal Court of Malaysia has extended to us a copy of Practice Direction No 2 Effective 18 Mar 2013, the biometric system has been implemented for the following services at Pejabat of 2013 relating to the mediation process for road accident cases in the Magistrates’ Courts and Sessions Courts. Pengarah Tanah dan Galian Wilayah Persekutuan Kuala Lumpur: Practice Direction No 2 of 2013 took effect on 1 Mar 2013. Access this circular for more details. (1) Attestation of Document and Forms; (2) Statutory Declaration; Circular No 041/2013: Subordinate Courts (Amendment) Act 2010 (3) Master Title Search/Individual Title Search; Please be informed that the Subordinate Courts (Amendment) Act 2010 came into operation on 1 Mar 2013, as (4) Certified Copy of Issue Document of Title/Forms/Document; and stipulated in the Federal Government Gazette. Consequently, the increase in filing fees reflected in the schedule (5) Collection of the New Issue Document of Title. of High Court fees and Subordinate Court fees provided in Appendices B1 and B2 to the Rules of Court 2012, respectively, also took effect on 1 Mar 2013. Access this circular for more details. Effectively, only agents or representatives of legal firms who are registered with the biometric system will be entertained at the service counter. As such, legal firms which have yet to obtain the “Kod Firma” and register the name of their agent/representative are advised to do so immediately. Circular No 048/2013: Chief Registrar’s Practice Direction No 1 of 2013 | Fixing of Civil Cases at the Subordinate Courts Pursuant to the Coming into Force of the Subordinate Courts (Amendment) Act 2010 Circular No 082/2013: Chief Registrar’s Circular No 2 of 2013 | The Establishment of the Construction Court The Chief Registrar of the Federal Court of Malaysia, Azimah bt Omar, has extended to us a copy of Practice The Chief Registrar of the Federal Court of Malaysia, Azimah bt Omar, has extended to us a copy of Circular Direction No 1 of 2013 relating to the fixing of civil cases at the Subordinate Courts pursuant to the coming into No 2 of 2013 relating to the establishment of the Construction Court, which began operation on 1 Apr 2013. force of the Subordinate Courts (Amendment) Act 2010. Practice Direction No 1 of 2013 will take effect on 1 Access this circular to view the Chief Registrar’s Circular No 2 of 2013. Mar 2013. Access this circular for more details.

Circular No 082/2013: Chief Registrar’s Circular No 2 of 2013 | The Establishment of the Construction Court Circular No 049/2013: Practice Direction No 3 of 2013 | Summary Judgement —– Order 14; and Striking The Chief Registrar of the Federal Court of Malaysia, Azimah bt Omar, has extended to us a copy of Circular Out Pleadings and Endorsements — Order 18 Rule 19 of the Rules of Court 2012 in All Malaysian No 2 of 2013 relating to the establishment of the Construction Court, which began operation on 1 Apr 2013. Sessions Courts Access this circular to view the Chief Registrar’s Circular No 2 of 2013. The Chief Registrar of the Federal Court of Malaysia, Azimah bt Omar, has extended to us a copy of Practice Direction No 3 of 2013 relating to Summary Judgement —– Order 14; and Striking Out Pleadings and Endorsements — Order 18 rule 19 of the Rules of Court 2012 in all Malaysian Sessions Courts. Practice Circular No 084/2013: Chief Registrar’s Circular No 4 of 2013 | Claim Cases Based on, and Relating to, Direction No 3 of 2013 took effect on 1 Mar 2013, pursuant to the coming into force of the Subordinate Courts Construction at the Subordinate Courts (Amendment) Act 2010. The Chief Registrar of the Federal Court of Malaysia, Azimah bt Omar, has extended to us a copy of Circular No 4 of 2013 regarding claim cases based on, and relating to, construction at the Subordinate Courts. Circular No 4 of 2013 will took effect on 1 Apr 2013. Access this circular for more details. Circular No 051/2013: Practice Direction No 4 of 2013 | Amendments to the Code Classifications for Muamalat Cases in All Malaysian Courts The Chief Registrar of the Federal Court of Malaysia, Azimah bt Omar, has extended to us a copy of Practice Circular No 085/2013: The Launch of the Continuing Professional Development Website Direction No 4 of 2013 relating to the amendments to the code classifications for Muamalat cases in all Malaysian The Continuing Professional Development (“CPD”) Department is pleased to announce the launch of its courts. Practice Direction No 4 of 2013 took effect on 1 Mar 2013. Access this circular for more details. dedicated website at http://www.malaysianbar.org.my/cpd/. Access this circular for more details on the website.

Circular No 053/2013: Court Vacation of the Court of Appeal of Malaysia Circular No 086/2013: Limited Liability Partnerships The President of the Court of Appeal, YAA Tan Sri Dato’ Seri Md Raus b Sharif, has declared that the The Limited Liability Partnerships Act 2012 (“Act”) came into force on 26 Dec 2012. There have been many commencement and duration of vacation of the Court of Appeal of Malaysia shall be from Monday, 3 June enquiries on when advocates and solicitors would be able to practise through Limited Liability Partnerships 2013, to Friday, 14 June 2013; and from Monday, 16 Dec 2013, to Tuesday, 31 Dec 2013. (“LLPs”) incorporated under the Act. The Bar Council, through the Limited Liability Partnership Subcommittee of the Corporate and Commercial Committee, is working towards advocates and solicitors being able to practise through LLPs incorporated under the Act. Access this circular for more details. Circular No 054/2013: Update on Continuing Professional Development (“CPD”) Scheme The Continuing Professional Development (“CPD”) Scheme has been implemented since the resolution to adopt it was passed at the 66th Annual General Meeting of the Malaysian Bar on 10 Mar 2012. In light of the feedback Circular No 087/2013: Sections 19 and 25 of the Malaysian Anti-Corruption Commission Act 2009 received from Members of the Bar, the CPD Department would like to clarify some issues regarding the CPD The practice of providing gratification and/or solicitation by lawyers to procure work from agents or officers of Scheme. Access this circular for more details. financial institutions has been a growing source of concern. Members are urged to take note and bear in mind the effect and substance of Sections 19 and 25 of the Malaysian Anti-Corruption Commission Act 2009 when dealing with bank officers. Some conduct may be construed as corruption/misconduct and there is a “fine line” Circular No 055/2013: Increase in Court Filing Fees between right and wrong. Members are therefore urged to exercise caution. Bar Council will proceed to take Reference is made to Circular No 167/2012 dated 2 Aug 2012, and Circular No 041/2013 dated 18 Feb 2013. necessary action against any Member should there be cogent evidence. Access this circular for more details.

Please be informed that Order 91, together with Appendix B1 and B2 of the Rules of Court 2012 (ie the revised schedule of filing fees for the subordinate courts and the High Court), came into effect on 1 Mar 2013. A copy Circular No 090/2013: 2013 Bar Council Subscription of Rules of Court (Amendment) 2013 [P.U. (A) 67/2013] is attached for your reference. Access this circular for more details.

Further to the above, to give effect to the new filing fees for appellate matters, the Rules of the Court of Appeal 1994 and Rules of the Federal Court 1995 have been amended, via P.U. (A) 66/2013 and P.U. (A) 65/2013, Circular No 091/2013: Update on Malaysia/Singapore Bench and Bar Games 2013, Singapore respectively, which also came into operation on 1 Mar 2013. Rules of the Court of Appeal (Amendment) 2013 16 to 18 May 2013 [P.U. (A) 66/2013] and Rules of the Federal Court (Amendment) 2013 [P.U. (A) 65/2013] are attached for your The Malaysia/Singapore Bench and Bar Games 2013 (“Games”) will be held in Singapore from 16 to 18 May reference. 2013 (Thursday to Saturday). Access this circular for more details.

73 Bar Updates/Notices

General Information on Matters Discussed at Bar Council Meetings (January to March 2013)

Request by bank that panel solicitor execute a letter of guarantee in favour of the bank Meeting with Attorney General

Recently, a bank requested its panel solicitor to execute a personal Joint and Bar Council representatives had a productive meeting with the Attorney General Several Guarantee in favour of the bank for the purpose of indemnifying the on 22 Jan 2013. The Attorney General agreed to set up working groups on bank against any loss suffered as a result of the solicitor’s fault. Our insurance criminal law and law reform. The incoming Bar Council will follow up on the scheme broker, Jardine Lloyd Thompson, drew the solicitor’s attention to Clause outcome of the meeting. 33 of the Certificate of Insurance, relating to exclusions from insurance coverage, which provides, in relevant part: Office Bearers for the 2013/2014 term (1) Clause 33(f) — any claim in respect of any personal financial guarantee or undertaking given by a lawyer, otherwise than given in good faith in the course Bar Council elected the following Office Bearers for the 2013/2014 term: of the conduct of the firm or as required by law or order of the courts; and (2) Clause 33(k) — the giving of any express or implied warranty or guarantee President: Christopher Leong relating to the financial return of any investment. Vice-President: Steven Thiru Secretary: Richard Wee Thiam Seng Members are advised to take note of this exclusion clause. Karen Cheah Yee Lynn was appointed as Treasurer

Request for information for Department of Statistics Quarterly Services The remaining 32 Bar Council members for this term are: Producer Price Survey (Legal Services) (1) Andrew Khoo Chin Hock We refer to Circular No 144/2012, dated 3 July 2012, where we alerted Members (2) George Varughese that the Department of Statistics has, under the Statistics Act 1965, issued (3) Hendon Mohamed notices to certain law firms requesting them to furnish specific information on (4) Kuthubul Zaman Bukhari their areas of practice, local clients, and amount of fees charged per local client. (5) Lim Chee Wee One law firm in particular approached Bar Council to seek clarification on this (6) Low Beng Choo matter. (7) Ravi Nekoo (8) Sulaiman Abdullah Following discussions between Bar Council and the Department of Statistics, the (9) Syahredzan Johan latter has agreed to exempt the law firm from providing the requested details, (10) Tony Woon Yeow Thong which constitute privileged and confidential information between solicitor and (11) Yasmeen Mohd Shariff client. Any law firm that receives a similar request from the Department of (12) S Gunasegaran (Johore) Statistics is advised to adopt this position. (13) K Mohan K Kumaran (Johore) (14) Ramli Shariff (Kedah/Perlis) (15) Burhanudeen Abdul Wahid (Kedah/Perlis) Invitation to BC to be an affiliate of International Advocacy Training (16) Abdullah Hamzah (Kelantan) Council (“IATC”) (17) Norazham Yahaya (Kelantan) (18) Dipendra Harshad Rai (Kuala Lumpur) Bar Council has accepted IATC’s invitation to be an affiliate. IATC comprises (19) Ravinder Singh Dhalliwal (Kuala Lumpur) advocacy trainers from Australia, Hong Kong, Pakistan, England, Wales and (20) Desmond Ho Chee Cheong (Malacca) South Africa. As an affiliate, Bar Council will be able to tap into IATC’s resource (21) Indran V Kumaraguru (Negri Sembilan) base and participate in future international collaborations. International (22) Puspanathan Sellam (Negri Sembilan) advocacy teachers will continue to come to Malaysia to assist with training our (23) Abdullah Johari Hamzah (Pahang) advocacy trainers and for advanced advocacy courses. (24) Hon Kai Ping (Pahang) (25) Abdul Fareed Abdul Gafoor (Penang) Proposed amendment to section 85(2) of the Legal Profession Act 1976 (26) Gnasegaran Egamparam (Penang) (“LPA”) (27) Vivekanandan AMS Periasamy (Perak) (28) Kenny Lai Choe Ken (Perak) Bar Council will propose an amendment to section 85(2) of the LPA to allow (29) Vishnu Kumar (Selangor) Members to use names, other than the names of partners, in their law firm (30) Rajpal Singh Mukhtiar Singh (Selangor) names. The Legal Profession Committee will draft guidelines to govern the use (31) Amirruddin Abu Bakar (Terengganu) of such names. (32) Mukhtar Abdullah (Terengganu)

Memorandum on Independent Police Complaints and Misconduct Commission (“IPCMC”) Lodging of complaint against Cecil Abraham

Bar Council has prepared a memorandum on the limitations of the current Bar Council will lodge a complaint with the Advocates and Solicitors Enforcement Agency Integrity Commission (“EAIC”), and the need to establish an Disciplinary Board against Cecil Abraham, in connection with his alleged role IPCMC. The memorandum will be submitted to the Prime Minister, the Minister in in the preparation of the statutory declaration dated 4 July 2008 executed by the Prime Minister’s Department in charge of Law and Parliamentary Affairs, and Balasubramaniam s/o Perumal. the Attorney General.

The list above highlights some items featured in Bar Council’s “Circulars” and “General Statements”, which were sent out to Members of the Bar between January to March 2013. Access the Malaysian Bar website at www.malaysianbar.org.my to view these in full. Please note that some “Circulars” and all “General Statements” are only accessible if you are a registered user of the Malaysian Bar website.

74 Praxis Apr-June 2013 Bar Updates/Notices

LEGISLATION (7 Jan to 25 Mar 2013)

PRINCIPAL ACTS 2011 AMENDING ACTS 2010 ACT ACT TITLE TITLE NO: NO:

ACT 727 FOOD ANALYSTS ACT 2011 ACT SUBORDINATE COURTS (AMENDMENT) ACT 2010 An Act to provide for the establishment of the Malaysian Food Analysts Council, to A1382 Notes:- General Amendment:- Deletes the words “or Penghulu’s Court” wherever provide for the registration of persons practising as food analysts and to regulate they appear. the practice of food analysts and for matters connected therewith. - Amends ss.2,3,5,65,69,73,90,92,93 w.e.f.:- 15.3.2014 – [P.U.(B) 75/2013] - Inserts new ss.5A,101A - Deletes ss.86,91,Part.VIII,100 w.e.f:- 1.3.2013 – [P.U.(B) 45/2013] PRINCIPAL ACTS 2012 ACT AMENDING ACTS 2012 TITLE NO: ACT TITLE ACT 739 PERUMAHAN RAKYAT 1MALAYSIA ACT 2012 NO: An Act to provide for and regulate matters relating to the development and construction of housing accommodation, infrastructure and facilities under the ACT CAPITAL MARKETS AND SERVICES (AMENDMENT) ACT 2012 Perumahan Rakyat 1Malaysia programme, to address the need for sustainable A1437 Notes: - Amends ss.2,20,76,105,139ZK,Part IV,200,201,211,Division 1 of Part. housing and community living in urban areas in Malaysia towards creating VI,220,233,237,245,268,273, 293,354,355 and 356. a strategic socio-economic housing development model, to provide for the - Inserts new ss.76A,139ZN,139ZO,139ZP,139ZQ,139ZR,Divisions 3A(ss.256A- establishment of Perumahan Rakyat 1Malaysia Corporation, and to provide for 256G),3B(ss.256H-256ZO), 3C(ss.256ZP) of Part VI,ss.293,354,355 and 356. related matters. - Deletes ss.70,106. w.e.f.:- 1.1.2013 – [P.U.(B) 423/2012] - in Peninsular Malaysia and Federal Territory of Labuan. w.e.f.:- 28.12.2012 – [P.U.(B) 428/2012]

ACT 743 LIMITED LIABILITY PARTNERSHIPS ACT 2012 ACT ENVIRONMENTAL QUALITY (AMENDMENT) ACT 2012 An Act to provide for the registration, administration and dissolution of limited A1441 Notes: - General Amendment:- Amends by substituting for the words “qualified liability partnerships and to provide for related matters. personnel” wherever they appear the words “qualified person”. w.e.f.:- 26.12.2012 – [P.U.(B) 421/2012] - Amends ss.2,4,33A,34A,36C,36D,36E,46B,46D,49,51 - Inserts new ss.34AA,37A,37B,37C,38AA,38AB,46BA,46BB,46BC,48AA to ACT 753 MINIMUM RETIREMENT AGE ACT 2012 48AE,49A,49B,50A An Act to provide for the minimum retirement age and for any related matters thereto. - Deletes s.46C w.e.f.: 1.7.2013 – [P.U.(B) 422/2012] w.e.f.: - 2.1.2013 – [P.U.(B) 429/2012]

ACT 754 INTERNATIONAL TRANSFER OF PRISONERS ACT 2012 ACT EMPLOYEES’ SOCIAL SECURITY (AMENDMENT) ACT 2012 An Act to provide for the transfer of prisoners to and from Malaysia, and for A1445 Notes: - General Amendment:- matters connected therewith. - Amends by substituting for the word “55” wherever appearing in ss.15,20A and w.e.f.:- 21.2.2013 – [P.U.(B) 59/2013] 29 the word “sixty” . - Amends ss.2,3,17,21,30,57A,Sch.1, Sch.8 ACT SUPPLY ACT 2013 - Inserts new s.112A A1446 An Act to apply a sum from the Consolidated Fund for the service of the year w.e.f.:- 1.1.2013 – [P.U.(B) 424/2012] 2013 and to appropriate that sum for the service of that year. w.e.f.:- 27.12.2012 AMENDING ACTS 2013 PRINCIPAL ACTS 2013 ACT TITLE ACT NO: TITLE NO: ACT PENSIONS ADJUSTMENT (AMENDMENT) ACT 2013 A1447 Notes: - Amends ss.2,3,4,5,8,10,11 ACT 755 FINANCE ACT 2013 - Inserts new ss.3A,3B and 10A An Act to amend the Income Tax Act 1967, the Stamp Act 1949, the Petroleum - Deletes ss.6,9,Sch.1 and 2 (Income Tax) Act 1967 and the Real Property Gains Tax Act 1976. w.e.f.:- 1.1.2013 Notes:- The Income Tax Act 1967 [Act 53], the Stamp Act 1949 [Act 378], the Petroleum (Income Tax) Act 1967 [Act 543] and the Real Property Gains Tax Act ACT CENTRAL BANK OF MALAYSIA (AMENDMENT) ACT 2013 1976 [Act 169] are amended in the manner specified in Chapters II,III,IV,V and A1448 Notes: - Amends ss.2,15,31,32,37,38,48,77,82 and Sch.3 VI respectively. w.e.f.:- 8.2.2013 – [P.U.(B) 44/2013] w.e.f.: - 11.1.2013 and various dates as specified in the respective chapters for each act amended. ACT INDUSTRIAL DESIGNS (AMENDMENT) ACT 2013 ACT 756 TRADITIONAL AND COMPLEMENTARY MEDICINE ACT 2013 A1449 Notes: - Amends ss.3,12,22,25,26,heading of Part V,29,30,35 and 47 An Act to provide for the establishment of the Traditional and Complementary - Inserts new s.46A Medicine Council to regulate the traditional and complementary medicine w.e.f.:- Not yet in force services in Malaysia and to provide for matters connected therewith. w.e.f.:- Not Yet In Force ACT STRATA TITLES (AMENDMENT) ACT 2013 A1450 Notes:- Amends preamble by substituting for the words “and the Federal Territory ACT 757 STRATA MANAGEMENT ACT 2013 of Putrajaya” the words “,the Federal Territory of Putrajaya and the Federal An Act to provide for the proper maintenance and management of buildings Territory of Labuan”. and common property, and for related matters. - Amends ss.2,4,7,8,9,10,11,12,13,15,16,17,(heading of Part IV),20,21,22,25,26,27, Notes:- This Act applies only to Peninsular Malaysia and the Federal Territory of Labuan. 28,31,36,37,38,57,81,Sch.5. w.e.f.:- Not Yet In Force - Inserts new ss.4B,8A,9A,9B,17A,19A,20A,20B,Sch.6 - Deletes ss.10A,10B,14A,22A,22B,Part.VII(s.39-s.55A),Part.IXA(s.67A- ACT 758 FINANCIAL SERVICES ACT 2013 s.67X),76,77,78,Sch.2,Sch.3 An Act to provide for the regulation and supervision of financial institutions, w.e.f.:- Not yet in force payment systems and other relevant entities and the oversight of the money market and foreign exchange market to promote financial stability and for ACT PERBADANAN KEMAJUAN FILEM NASIONAL MALAYSIA (AMENDMENT) ACT 2013 related, consequential or incidental matters. A1451 Notes: - Amends s.6, w.e.f.:- Not Yet In Force - Inserts new ss.11A and 11B w.e.f.:- Not yet in force ACT 759 ISLAMIC FINANCIAL SERVICES ACT 2013 ACT ANIMALS (AMENDMENT) ACT 2013 An Act to provide for the regulation and supervision of Islamic financial Notes: - Amends ss.2,5,6,7,8,9,10,11,12,13,14,16,17,18,21,22,23,24,25,26,2 institutions, payment systems and other relevant entities and the oversight of A1452 7,28,30,31,33,34,35,36,38,39,40,41,42,44,45,47,50A,51,55,58,60,61,Part.VII the Islamic money market and Islamic foreign exchange market to promote (ss.67-69),70,71,72,74,76,79,84,85,86. financial stability and compliance with Shariah and for related, consequential or - Inserts new ss.6A,14A,73A,74A incidental matters. - Deletes s.15 w.e.f.:- Not Yet In Force w.e.f.:- Not Yet In Force

Praxis Apr-June 2013 75 Bar Updates/Notices

NOTICE REGARDING BAR COUNCIL CIRCULARS AND E-BLASTS

The Bar Council Secretariat issues approximately 30 Similarly, the Malaysian Bar website contains a wealth circulars and e-blasts each month. Because of the of information for Members. Certain areas of the high cost involved, the practice of issuing hard-copy website are only accessible if you have a login ID and circulars came to an end in 2008. Today, we issue password. less than five hard-copy circulars a year; the rest are sent by email alone. In order to be added to our e-mail mailing list and to register for full access to the website, Based on our records, approximately 40% of Members please send an email to us at webreg@ are still not on our e-mail mailing list, and hence not malaysianbar.org.my or contact us by telephone at receiving the Bar Council circulars and e-blasts. This 03-2050 2021. is an issue of concern since circulars are the primary means by which we communicate with Members, BAR COUNCIL MALAYSIA 15 Leboh Pasar Besar to keep you informed of important developments 50050 Kuala Lumpur affecting the legal profession, as well as information Tel: 03-2050 2050 Fax: 03-2026 1313 / 03-2034 2825 / 03-2072 5818 on events and benefits for Members. Email: [email protected] Website: http://www.malaysianbar.org.my

CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 483/2012 LATEST INDEX TO P.U.(A) SERIES 2012 CAPITAL MARKETS AND SERVICES (FEES) REGULATIONS 2012 [P.U.(A) 437/2012 – P.U.(A) 500/2012] Issued under s.378(2)(b), Capital Markets and Services Act 2007 As at 7 Jan 2013 Notes:- Revokes Capital Markets and Services (Fees) Regulations 2011, [P.U.(A) 88/2011] w.e.f.:- 28.12.2012 P.U.(A) Title NO. CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 476/2012 CAPITAL MARKETS AND SERVICES (NON-APPLICATION OF DIVISION 5 OF PART BANKING AND FINANCIAL INSTITUTIONS ACT 1989 [ACT 372] 494/2012 VI) (BUSINESS TRUST) ORDER 2012 BANKING AND FINANCIAL INSTITUTIONS (ABRAR DISCOUNTS BERHAD) Issued under s.315(1), Capital Markets and Services Act 2007 (ASSUMPTION OF CONTROL) (REVOCATION) ORDER 2012 Notes: - Division 5 of Part VI of the Act shall not apply to a business trust. Issued under s.73(5), Banking and Financial Institutions Act 1989 w.e.f.:- 28.12.2012 Notes: - Revokes Banking and Financial Institutions (Abrar Discounts Berhad) (Assumption of Control) Order 2006, [P.U.(A) 432/2006] CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 477/2012 - Revokes Banking and Financial Institutions (Abrar Discounts Berhad) (Assumption CAPITAL MARKETS AND SERVICES (NON-APPLICATION OF DIVISION 5 OF PART of Control) (Amendment) Order 2012, [P.U.(A) 183/2012] VI) (WHOLESALE FUND ORDER 2012 w.e.f.:- 1.1.2013 Issued under s.315, Capital Markets and Services Act 2007 Notes:- Revokes Capital Markets and Services (Non-application of Division 5 of CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 475/2012 Part VI) (Fund Management) Order 2008, [P.U.(A) 439/2008] CAPITAL MARKETS AND SERVICES (AMENDMENT OF SCHEDULE 2) ORDER 2012 - Revokes Capital Markets and Services (Non-application of Division 5 of Part VI) Issued under s.380(1), Capital Markets and Services Act 2007 (Islamic Bank) Order 2008, [P.U.(A) 440/2008] Notes: - Amends Sch.2, Capital Markets and Services Act 2007 w.e.f.:- 28.12.2012 w.e.f.:- 28.12.2012 CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 479/2012 CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 473/2012 CAPITAL MARKETS AND SERVICES (PRESCRIPTION OF CAPITAL MARKET CAPITAL MARKETS AND SERVICES (AMENDMENT OF SCHEDULE 8) ORDER 2012 PRODUCT) (ISLAMIC CAPITAL MARKET PRODUCT) ORDER 2012 Issued under s.380(1), Capital Markets and Services Act 2007 Issued under s.2(1), Capital Markets and Services Act 2007 Notes: - Amends Sch.8, Capital Markets and Services Act 2007 w.e.f.:- 27.12.2012 w.e.f.:- 28.12.2012 CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 478/2012 CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 481/2012 CAPITAL MARKETS AND SERVICES (PRESCRIPTION OF ISLAMIC SECURITIES) ORDER 2012 CAPITAL MARKETS AND SERVICES (AMENDMENT OF SCHEDULES 5,6, AND 7) Issued under ss.5(1) and 316(2), Capital Markets and Services Act 2007 ORDER 2012 Notes: - Revokes the Securities Commission (Prescription of Islamic Securities) Issued under s.380(1), Capital Markets and Services Act 2007 Order 2004, [P.U.(A) 230/2004] Notes: - Amends Sch.5,6,7 Capital Markets And Services Act 2007 w.e.f.:- 28.12.2012 - Excluded issues to which sections 232,233,234,235,236,237,238,239,240,241 and 244 of Division 3 of Part VI shall not apply. CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 474/2012 w.e.f.:- 28.12.2012 CAPITAL MARKETS AND SERVICES REGULATIONS 2012 Issued under s.378(1), Capital Markets and Services Act 2007 Notes: - Revokes the Capital Markets and Services Regulations 2007, [P.U.(A) 336/2007] CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 482/2012 w.e.f.:- 28.12.2012 CAPITAL MARKETS AND SERVICES (CAPITAL MARKET COMPENSATION FUND) CONTRIBUTION) REGULATIONS 2012 Issued under s.160(1), Capital Markets and Services Act 2007 CONSTITUTION (AMENDMENT) (NO.2) ACT 1984 [ACT A585] 438/2012 w.e.f.:- 28.12.2012 FEDERAL TERRITORY OF LABUAN (EXTENSION AND MODIFICATION OF HOLIDAYS ACT) (AMENDMENT) ORDER 2012 Issued under s.7, Constitution (Amendment) (No.2) Act 1984 CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 480/2012 Notes: - Amends Sch., Federal Territory of Labuan (Extension and Modification of CAPITAL MARKETS AND SERVICES (CAPITAL MARKET COMPENSATION FUND) Holidays Act) Order 2005, [P.U.(A) 511/2005] REGULATIONS 2012 - Amends by substituting for the word “Deepavali” the words “Deepavali is not a Issued under s.378(1), Capital Markets and Services Act 2007 holiday for the Federal Territory of Labuan” in column “Modifications”. w.e.f.:- 28.12.2012 w.e.f.:- 1.1.2013

76 Praxis Apr-June 2013 Bar Updates/Notices

CONTROL OF SUPPLIES ACT 1961 [ACT 122] 452/2012 DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT 1959 [ACT 348] 467/2012 CONTROL OF SUPPLIES (CONTROLLED ARTICLES) (NO.6) ORDER 2012 DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) (FEES) (NO.3) Issued under s.5, Control of Supplies Act 1961 (AMENDMENT) ORDER 2012 w.e.f.:- 23.12.2012-27.12.2012 Issued under s.4(1), Diplomatic and Consular Officers (Oaths and Fees) Act 1959 Notes: - Amends Sch., Diplomatic and Consular Officers (Fees) (No.3) Order 1962, CONSUMER PROTECTION ACT 1999 [ACT 599] 458/2012 [F.L.N. 239/1962] CONSUMER PROTECTION (ELECTRONIC TRADE TRANSACTIONS) REGULATIONS 2012 w.e.f.:- 1.1.2013 Issued under s.150(2)(a), Consumer Protection Act 1999 w.e.f.:- 1.7.2013 DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT 1959 [ACT 348] 468/2012 DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) (REMISSION OF FEES) COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 456/2012 REGULATIONS 2012 CUSTOMS (PROVISIONAL ANTI-DUMPING DUTIES) (NO.2) ORDER 2012 Issued under s.4(2), Diplomatic and Consular Officers (Oaths and Fees) Act 1959 Issued under s.24(2), Countervailing and Anti-Dumping Duties Act 1993] and s.11(1), Notes: - Remits the fees for Malaysia Passport payable under the Diplomatic and Customs Act 1967 Consular Officers (Fees) (No.3) Order 1962, [F.L.N. 239/1962] w.e.f.:- 24.12.2012-22.4.2013 w.e.f.:- 1.1.2013

CUSTOMS ACT 1967 [ACT 235] 491/2012 EDUCATION ACT 1996 [ACT 550] 457/2012 CUSTOMS (PROHIBITION OF EXPORTS) ORDER 2012 EDUCATION (NATIONAL EDUCATION ADVISORY COUNCIL) REGULATIONS 2012 Issued under s.31(1), Customs Act 1967 Issued under s.13, Educations Act 1996 Notes.:- Revokes the Customs (Prohibition of Export) Order 2008, [P.U.(A) 87/2008] w.e.f.:- 22.12.2012 w.e.f.:- 1.3.2013 EMPLOYEES PROVIDENT FUND ACT 1991 [ACT 452] 498/2012 CUSTOMS ACT 1967 [ACT 235] 490/2012 EMPLOYEES PROVIDENT FUND (ADDITION AND MODIFICATION TO THE CUSTOMS (PROHIBITION OF IMPORTS) ORDER 2012 PURPOSES FOR WITHDRAWAL UNDER SUBSECTION 54(6) ORDER 2012 Issued under s.31(1), Customs Act 1967 Issued under s.54(7), Employees Provident Fund Act 1991 Notes.:- Revokes the Customs (Prohibition of Import) Order 2008, [P.U.(A) 86/2008] w.e.f.:- 1.1.2013 w.e.f.:- 1.3.2013 ENVIRONMENTAL QUALITY ACT 1974 [ACT 127] 436/2012 CUSTOMS ACT 1967 [ACT 235] 456/2012 ENVIRONMENTAL QUALITY (DELEGATION OF POWERS) (INVESTIGATION ON CUSTOMS (PROVISIONAL ANTI-DUMPING DUTIES) (NO.2) ORDER 2012 EROSION AND SEDIMENT CONTROL) ORDER 2012 Issued under s.11(1), Customs Act 1967 and s.24(2), Countervailing and Anti-Dumping Issued under s.49(1), Environmental Quality Act 1974 Duties Act 1993] w.e.f.:- 7.12.2012 w.e.f.:- 24.12.2012-22.4.2013 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 441/2012 CUSTOMS ACT 1967 [ACT 235] 443/2012 FACTORIES AND MACHINERY (EXEMPTION TO CCM CHEMICALS SDN. BHD., CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.26) ORDER 2012 PASIR GUDANG, JOHOR) ORDER 2012 Issued under s.12, Customs Act 1967 Issued under s.55(3), Factories and Machinery Act 1967 w.e.f.:- 13.12.2012-26.12.2012 w.e.f.:- 11.12.2012

CUSTOMS ACT 1967 [ACT 235] 464/2012 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 437/2012 CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.27) ORDER 2012 FACTORIES AND MACHINERY (EXEMPTION TO PETRONAS PENAPISAN (MELAKA) Issued under s.12, Customs Act 1967 SDN. BHD., SUNGAI UDANG, MELAKA) ORDER 2012 w.e.f.:- 27.12.2012-9.1.2013 Issued under s.55(3), Factories and Machinery Act 1967 w.e.f.:- 8.12.2012 CUSTOMS ACT 1967 [ACT 235] 489/2012 CUSTOMS (VALUES) (PALM KERNEL) (NO.13) ORDER 2012 FEES ACT 1951 [ACT 209] 465/2012 Issued under s.12, Customs Act 1967 FEES (PASSPORTS AND VISAS) (AMENDMENT) ORDER 2012 w.e.f.:- 1.1.2013-31.1.2013 Issued under s.3, Fees Act 1951 Notes:- Amends para.2, Fees (Passports and Visas) Order 1967, [P.U. 189/1967] w.e.f.:- 1.1.2013 CUSTOMS ACT 1967 [ACT 235] 430/2012 CUSTOMS (VALUES) (PALM OIL) (NO.49) ORDER 2012 Issued under s.12, Customs Act 1967 FEES ACT 1951 [ACT 209] 466/2012 w.e.f.:- 3.12.2012-9.12.2012 FEES (PASSPORTS AND VISAS) (REMISSION OF FEES) ORDER 2012 Issued under s.10, Fees Act 1951 Notes:- Remits the fees for Malaysia Passports payable under paragraph 2 of the CUSTOMS ACT 1967 [ACT 235] 439/2012 Fees (Passports and Visas) Order 1967, [P.U. 189/1967] CUSTOMS (VALUES) (PALM OIL) (NO.50) ORDER 2012 w.e.f.:- 1.1.2013 Issued under s.12, Customs Act 1967 w.e.f.:- 10.12.2012-16.12.2012 INCOME TAX ACT 1967 [ACT 53] 469/2012 CUSTOMS ACT 1967 [ACT 235] 446/2012 INCOME TAX (DEDUCTION FROM REMUNERATION) (AMENDMENT) (NO.2) RULES 2012 CUSTOMS (VALUES) (PALM OIL) (NO.51) ORDER 2012 Issued under s.154(1)(a), Income Tax Act 1967 Issued under s.12, Customs Act 1967 Notes:- Amends Sch., Income Tax (Deduction from Remuneration) Rules 1994, w.e.f.:- 17.12.2012-23.12.2012 [P.U.(A) 507/1994] w.e.f.:- 1.1.2013 CUSTOMS ACT 1967 [ACT 235] 459/2012 CUSTOMS (VALUES) (PALM OIL) (NO.52) ORDER 2012 INCOME TAX ACT 1967 [ACT 53] 447/2012 Issued under s.12, Customs Act 1967 INCOME TAX (EXEMPTION) (NO.10) ORDER 2012 w.e.f.:- 24.12.2012-31.12.2012 Issued under s.127(3A), Income Tax Act 1967 Notes: Exempts:- CUSTOMS ACT 1967 [ACT 235] 488/2012 - the ASEAN Infrastructure Fund Limited from all provisions of the Act; and CUSTOMS (VALUES) (PALM OIL) (NO.53) ORDER 2012 - a non-resident employee from payment of income tax on all gains or profits Issued under s.12, Customs Act 1967 derived from his employment with the ASEAN Infrastructure Fund Limited. w.e.f.:- 1.1.2013-31.1.2013 w.e.f.:- 24.4.2012

CUSTOMS ACT 1967 [ACT 235] 472/2012 CUSTOMS DUTIES (AMENDMENT) ORDER 2012 INCOME TAX ACT 1967 [ACT 53] 451/2012 Issued under s.11(1), Customs Act 1967 INCOME TAX (EXEMPTION) (NO.11) ORDER 2012 Notes: - Amends Sch.1, Customs Duties Order 2012, [P.U.(A) 275/2012] Issued under s.127(3)(b), Income Tax Act 1967 w.e.f.:- 1.1.2013 Notes:- Exempts a company resident in Malaysia which is licensed under the Tourism Industry Act 1992 to carry on a tour operating business from the payment CUSTOMS ACT 1967 [ACT 235] 428/2012 of income tax in respect of the statutory income derived from domestic tours. CUSTOMS DUTIES (EXEMPTION) (AMENDMENT) (NO.4) ORDER 2012 - The exemption shall only apply if the total number of local tourists on domestic Issued under s.14(1), Customs Act 1967 tours relating to the company is not less than one thousand five hundred in Notes: - Amends Sch., Customs Duties (Exemption) Order 1988, [P.U.(A) 410/1987] the basis period for a year of assessment which is certified by a letter from the w.e.f.:- 30.11.2012 Ministry of Tourism Malaysia. w.e.f.:- y/a 2013-y/a 2015 CUSTOMS ACT 1967 [ACT 235] 471/2012 CUSTOMS DUTIES (GOODS OF ASEAN COUNTRIES ORIGIN) (ASEAN LABUAN BUSINESS ACTIVITY TAX ACT 1990 [ACT 445] 450/2012 HARMONISED TARIFF NOMENCLATURE AND ASEAN TRADE IN GOODS LABUAN BUSINESS ACTIVITY TAX ACT (EXEMPTION) ORDER 2012 AGREEMENT) (AMENDMENT) ORDER 2012 Issued under s.26(1), Labuan Business Activity Tax Act 1990 Issued under s.11(1), Customs Act 1967 Notes: Exempts the ASEAN Infrastructure Fund Limited from all provisions of the Act. Notes: - Amends Sch.2, Customs Duties (Goods of ASEAN Countries Origin) (ASEAN w.e.f.:- 24.12.2012 Harmonised Tariff Nomenclature and ASEAN Trade in Goods Agreement) Order 2012, [P.U.(A) 277/2012] w.e.f.:- 1.1.2013 LABUAN FINANCIAL SERVICES AUTHORITY ACT 1996 [ACT 545] 495/2012 LABUAN FINANCIAL SERVICES AUTHORITY (PROCESSING AND APPROVAL FEES) CUSTOMS ACT 1967 [ACT 235] 487/2012 (LABUAN FINANCIAL INSTITUTIONS) ORDER 2012 CUSTOMS DUTIES (GOODS UNDER THE FREE TRADE AGREEMENT MALAYSIA- Issued under s.32A, Labuan Financial Services Authority Act 1996 AUSTRALIA) ORDER 2012 Notes:- Revokes Labuan Financial Services Authority (Processing and Approval Issued under s.11(1), Customs Act 1967 Fees) (Labuan Financial Institutions) Order 2010, [P.U.(A) 413/2010]. w.e.f.:- 1.1.2013 w.e.f.:- 1.1.2013

DENTAL ACT 1971 [ACT 51] 431/2012 LIMITED LIABILITY PARTNERSHIPS ACT 2012 [ACT 743] 462/2012 DENTAL (AMENDMENT OF SECOND SCHEDULE) (NO.3) ORDER 2012 LIMITED LIABILITY PARTNERSHIPS REGULATIONS 2012 Issued under s.12(2), Dental Act 1971 Issued under s.91, Limited Liability Partnerships Act 2012 Notes: - Amends Sch.2, Dental Act 1971 [Act 51] w.e.f.:- 26.12.2012 w.e.f.:- 5.12.2012

Praxis Apr-June 2013 77 Bar Updates/Notices

LOCAL GOVERNMENT ACT 1976 [ACT 171] 463/2012 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 453/2012 LOCAL GOVERNMENT (ELECTION ADVERTISEMENT) (FEDERAL TERRITORY OF PRICE CONTROL AND ANTI-PROFITEERING (PRICE MARKING OF PRICE- KUALA LUMPUR) (AMENDMENT) BY-LAWS 2012 CONTROLLED GOODS) (NO.3) ORDER 2012 Issued under s.102, Local Government Act 1976 Issued under s.10, Price Control and Anti-Profiteering Act 2011 Notes: Amends by-law 4, Local Government (Election Advertisement) (Federal w.e.f.:- 23.12.2012-27.12.2012 Territory of Kuala Lumpur) By-Laws 1990, [P.U.(A) 311/1990] w.e.f.:- 16.1.2013 REAL PROPERTY GAINS TAX ACT 1976 [ACT 169] 448/2012 TAX REAL PROPERTY GAINS (EXEMPTION) (NO.2) ORDER 2012 MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011 [ACT 720] 434/2012 Issued under s.9(3A), Real Property Gains Tax Act 1976 MALAYSIA DEPOSIT INSURANCE CORPORATION (CONVERSION INTO RINGGIT IN Notes.:- Exempts the ASEAN Infrastructure Fund Limited from all provisions of the RESPECT OF A FOREIGN CURRENCY DEPOSIT) RULES 2012 Act in respect of any disposal of chargeable assets after 24 April 2012. Issued under s.209(3)(j), Malaysia Deposit Insurance Corporation Act 2011 w.e.f.:- 24.4.2012 w.e.f.:- 6.12.2012 ROAD TRANSPORT ACT 1987 [ACT 333] 445/2012 MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011 [ACT 720] 492/2012 LOCAL SPEED LIMIT (FEDERAL ROADS) (WEST MALAYSIA) (AMENDMENT) (NO.5) MALAYSIA DEPOSIT INSURANCE CORPORATION (CRITERIA IN RESPECT OF ORDER 2012 QUALIFIED THIRD PARTY) ORDER 2012 Issued under s.69(2), Road Transport Act 1987 Issued under s.209(1)(a), Malaysia Deposit Insurance Corporation Act 2011 Notes: - Amends Sch.1, Local Speed Limit (Federal Roads) (West Malaysia) Order w.e.f.:- 2.1.2013 1992, [P.U.(A) 462/1991] w.e.f.:- 15.12.2012 MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011 [ACT 720] 496/2012 MALAYSIA DEPOSIT INSURANCE CORPORATION (DIFFERENTIAL PREMIUM ROAD TRANSPORT ACT 1987 [ACT 333] 442/2012 SYSTEMS IN RESPECT OF INSURER MEMBERS) REGULATIONS 2012 ROAD TRANSPORT (PROHIBITION OF USE OF ROAD) (CITY OF KUALA LUMPUR) Issued under ss.209(1)(a) and 77, Malaysia Deposit Insurance Corporation Act 2011 ORDER 2012 w.e.f.:- y/a 2013- Issued under s.70(1), Road Transport Act 1987 w.e.f.:- 17.12.2012 MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011 [ACT 720] 497/2012 MALAYSIA DEPOSIT INSURANCE CORPORATION (FIRST PREMIUM AND ANNUAL SALES TAX ACT 1972 [ACT 64] 429/2012 PREMIUM IN RESPECT OF INSURER MEMBERS) ORDER 2012 SALES TAX (EXEMPTION) (AMENDMENT) (NO.6) ORDER 2012 Issued under ss.71(1) and 72(2), Malaysia Deposit Insurance Corporation Act 2011 Issued under s.8, Sales Tax Act 1972 w.e.f.:- y/a 2013- Notes: - Amends Sch.B, Sales Tax (Exemption) Order 2008, [P.U.(A) 91/2008] w.e.f.:- 30.11.2012 MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011 [ACT 720] 499/2012 MALAYSIA DEPOSIT INSURANCE CORPORATION (MINIMUM AMOUNT OF ANNUAL SALES TAX ACT 1972 [ACT 64] 493/2012 PREMIUM IN RESPECT OF INSURER MEMBERS) (REVOCATION) ORDER 2012 SALES TAX (RATES OF TAX NO.1) ORDER 2012 Issued under s.72(3), Malaysia Deposit Insurance Corporation Act 2011 CORRIGENDUM Notes.:- Revokes Malaysia Deposit Insurance Corporation (Minimum Amount of Notes: - Corrigendum to [P.U.(A) 354/2012] Annual Premium in respect of Insurer Members) Order 2012, [P.U.(A) 137/2012] w.e.f.:- y/a 2013- SALES TAX ACT 1972 [ACT 64] 440/2012 SALES TAX (RATES OF TAX NO.2) ORDER 2012 MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011 [ACT 720] 433/2012 CORRIGENDUM MALAYSIA DEPOSIT INSURANCE CORPORATION (RETURN OR INTEREST ON AN Notes: - Corrigendum to [P.U.(A) 355/2012] INDEX-LINKED DEPOSIT HELD BY A DEPOSIT-TAKING MEMBER) RULES 2012 Issued under ss.209(1)(a) and 63, Malaysia Deposit Insurance Corporation Act 2011 SERVICE COMMISSION ACT 1957 [ACT 393] 444/2012 w.e.f.:- 6.12.2012 SERVICE COMMISSIONS (AMENDMENT OF SCHEDULE) (NO.2) REGULATIONS 2012 CORRIGENDUM MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011 [ACT 720] 432/2012 Notes: - Corrigendum to [P.U.(A) 347/2012] MALAYSIA DEPOSIT INSURANCE CORPORATION (TEMPORARY SUSPENSION - Corrects by substituting for the words “Premier/Special Grade “A” the words PERIOD) REGULATIONS 2012 “Premier/Special Grade “A” and above” wherever they appear. Issued under ss.209(1)(a), 115(3) and 180(1), Malaysia Deposit Insurance Corporation Act 2011 w.e.f.:- 6.12.2012 STAMP ACT 1949 [ACT 378] 449/2012 STAMP DUTY (EXEMPTION) (NO.5) ORDER 2012 MALAYSIAN BIOFUEL INDUSTRY ACT 2007 [ACT 666] 486/2012 Issued under s.80(1), Stamp Act 1949 MALAYSIAN BIOFUEL INDUSTRY (EXEMPTION) ORDER 2012 Notes:-Exempts all instruments executed by the ASEAN Infrastructure Fund Limited Issued under s.53, Malaysian Biofuel Industry Act 2007 where the stamp duty due under the Act would ordinarily be payable by the Notes:- Exempts the application of paragraphs 5(1)(c),(d),(f) and (g) of the Act to ASEAN Infrastructure Fund Limited from such stamp duty chargeable under the Act. U.H. Engineering (KL) Sdn. Bhd. for the period of 1 January 2013 until 30 June 2013. w.e.f.:- 24.4.2012 w.e.f.:- 1.1.2013 STATUTORY AND LOCAL AUTHORITIES PENSIONS ACT 1980 [ACT 239] 461/2012 MALAYSIAN BIOFUEL INDUSTRY ACT 2007 [ACT 666] 485/2012 STATUTORY AND LOCAL AUTHORITIES PENSIONS (AMENDMENT) REGULATIONS 2012 MALAYSIAN BIOFUEL INDUSTRY (EXEMPTION) (REVOCATION) ORDER 2012 Issued under s.28, Statutory and Local Authorities Pensions Act 1980 Issued under s.53(2), Malaysian Biofuel Industry Act 2007 Notes: - Amends regs.3,5,6 and 20, Statutory and Local Authorities Pensions Notes:- Revokes Malaysian Biofuel Industry (Exemption) Order 2009, [P.U.(A) 77/2009] Regulations 1990, [P.U.(A) 134/1990] w.e.f.:- 1.1.2013 w.e.f.:- 1.1.2009 - regs.2 and 5 w.e.f.:- 1.1.2012 - paras.3(a) and (b) MEDICAL DEVICE ACT 2012 [ACT 737] 500/2012 w.e.f.:- 1.1.1992 - new para 5(1)(ja) in para 3(c), the reference to para 5(1)(ja) in reg.4 MEDICAL DEVICE REGULATIONS 2012 w.e.f.:- 30.4.1997 - new para 5(1)(jb) in para 3(c), the reference to para 5(1)(jb) in reg.4 Issued under s.79(2), Medical Device Act 2012 w.e.f.:- 1.7.2013 WORKMEN’S COMPENSATION ACT 1952 [ACT 273] 484/2012 WORKMEN’S COMPENSATION (FOREIGN WORKER’S COMPENSATION SCHEME) MINISTERIAL FUNCTIONS ACT 1969 [ACT 2] 455/2012 (INSURANCE) (AMENDMENT) ORDER 2012 MINISTERS OF THE FEDERAL GOVERNMENT (AMENDMENT) (NO.4) ORDER 2012 Issued under s.26(2), Workmen’s Compensation Act 1952 Issued under s.2, Ministerial Functions Act 1969 Notes: - Amends Sch., Workmen’s Compensation (Foreign Workers’ Compensation Notes:- Amends Sch., Ministers of the Federal Government Order 2009, [P.U.(A) Scheme) (Insurance) Order 2005, [P.U.(A) 45/2005] 222/2009] w.e.f.:- 28.12.2012 w.e.f.:- 20.11.2012 – subparagraphs 2(a) and 2(b)(ii) w.e.f.:- 15.11.2012 – subparagraph 2(b)(i)

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 2002 [ACT 621] 435/2012 MUTUAL ASSISTANCE IN CRIMINAL MATTERS (REPUBLIC OF KOREA) ORDER 2012 LATEST INDEX TO P.U.(A) SERIES 2013 Issued under s.17(1), Mutual Assistance in Criminal Matters Act 2002 [P.U.(A) 1/2013 – P.U.(A) 103/2013] w.e.f.:- This order comes into operation in accordance with Article 24(1) of the Treaty. As at 25 Mar 2013 NATIONAL WAGES CONSULTATIVE COUNCIL ACT 2011 [ACT 732] 470/2012 MINIMUM WAGES (AMENDMENT) ORDER 2012 Title P.U.(A) Issued under s.23(2), National Wages Consultative Council Act 2011 NO. Notes.:- Amends paras.2,7 and inserts new Sch., Minimum Wages Order 2012, [P.U.(A) 214/2012] ANIMALS ACT 1953 [ACT 647] 60/2013 w.e.f.:- 29.12.2012 VETERINARY CENTRE (SERVICE FEE) (FEDERAL TERRITORY OF LABUAN) RULES 2013 Issued under s.82, Animals Act 1953 PENSIONS ACT 1980 [ACT 227] 460/2012 w.e.f.:- 27.2.2013 PENSIONS (AMENDMENT) REGULATIONS 2012 Issued under s.5, Pensions Act 1980 COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 53/2013 Notes.:- Amends regs.4,6,7,21,23 and Inserts new reg.21A, Pensions Regulations CUSTOMS (ANTI-DUMPING DUTIES) ORDER 2013 1980 [P.U.(A) 176/1980] Issued under s.25, Countervailing and Anti-Dumping Duties Act 1993 [Act 504] and w.e.f.:- 1.1.2009 – regs.2,5,6,7 and 8 s.11(1), Customs Act 1967 [Act 235] w.e.f.:- 1.1.2012 – para.3(a) and (b) w.e.f.:- 20.2.2013-19.2.2018 w.e.f.:- 1.1.1992 – in para 3(c) (the new paragraph 6(1)(ja) w.e.f.:- 30.4.1997 – in para 3(c) (the new paragraph 6(1)(jb) CONTROL OF SUPPLIES ACT 1961 [ACT 122] 34/2013 w.e.f.:- 1.1.1992 – in reg.4 (the reference to para.6(1)(ja) CONTROL OF SUPPLIES (CONTROLLED ARTICLES) ORDER 2013 w.e.f.:- 30.4.1997 – in reg.4 (the reference to para 6(1)(jb) Issued under s.5, Control of Supplies Act 1961 w.e.f.:- 6.2.2013 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 454/2012 PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM CO-OPERATIVE SOCIETIES ACT 1993 [ACT 502] 83/2013 PRICE) (NO.4) ORDER 2012 Issued under s.4, Price Control and Anti-Profiteering Act 2011 CO-OPERATIVE SOCIETIES (ASSUMPTION OF CONTROL) (REPLACEMENT) ORDER 2013 w.e.f.:- 23.12.2012-27.12.2012 Issued under s.69(3), Co-operative Societies Act 1993 w.e.f.:- 6.3.2013

78 Praxis Apr-June 2013 Bar Updates/Notices

CO-OPERATIVE SOCIETIES ACT 1993 [ACT 502] 84/2013 ELECTIONS ACT 1958 [ACT 19] 10/2013 CO-OPERATIVE SOCIETIES (ASSUMPTION OF CONTROL) (REPLACEMENT) (NO.2) ORDER 2013 ELECTIONS (POSTAL VOTING) (AMENDMENT) REGULATIONS 2013 Issued under s.69(3), Co-operative Societies Act 1993 Issued under s.16, Elections Act 1958 w.e.f.:- 6.3.2013 Notes:- Amends reg.3,7 and Sch., Elections (Postal Voting) Regulations 2003, [P.U.(A) 185/2003] COURTS OF JUDICATURE ACT 1964 [ACT 91] 67/2013 w.e.f:- 15.1.2013 SUBORDINATE COURTS RULES ACT 1955 [ACT 55] RULES OF COURT (AMENDMENT) 2013 ENVIRONMENTAL QUALITY ACT 1974 [ACT 127] 57/2013 Issued under s.17, Courts of Judicature Act 1964 and s.4, Subordinate Courts Rules Act 1955 ENVIRONMENTAL QUALITY (PRESCRIBED PREMISES) (CRUDE PALM-OIL) Notes:- Amends Appendix B1 and B2, Rules of Court 2012 [P.U.(A) 205/2012]. (AMENDMENT) REGULATIONS 2013 w.e.f.:- 1.3.2013 Issued under s.51, Environmental Quality Act 1974 Notes.:- Amends reg.16 and deletes reg.15,reg.18, Environmental Quality COURTS OF JUDICATURE ACT 1964 [ACT 91] 66/2013 (Prescribed Premises) (Crude Palm-Oil) Regulations 1977, [P.U.(A) 342/1977] RULES OF THE COURT OF APPEAL (AMENDMENT) 2013 w.e.f.:- 23.2.2013 Issued under s.17, Courts of Judicature Act 1964 Notes:- Amends r.17 and Sch.2 , Rules of the Court of Appeal 1994, [P.U.(A) 524/1994] ENVIRONMENTAL QUALITY ACT 1974 [ACT 127] 56/2013 w.e.f.:- 1.3.2013 ENVIRONMENTAL QUALITY (PRESCRIBED PREMISES) (RAW NATURAL RUBBER) (AMENDMENT) REGULATIONS 2013 COURTS OF JUDICATURE ACT 1964 [ACT 91] 65/2013 Issued under s.51, Environmental Quality Act 1974 RULES OF THE FEDERAL COURT (AMENDMENT) 2013 Notes.:- Amends reg.22 and deletes regs.21,24, Environmental Quality (Prescribed Issued under s.17, Courts of Judicature Act 1964 Premises) (Raw Natural Rubber) Regulations 1978, [P.U.(A) 338/1978] Notes:- Amends r.46,56,107 and Sch.2 , Rules of the Federal Court 1995, [P.U.(A) 376/1995] w.e.f.:- 23.2.2013 w.e.f.:- 1.3.2013 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 90/2013 CUSTOMS ACT 1967[ACT 235] 53/2013 FACTORIES AND MACHINERY (EXEMPTION TO BASF PETRONAS CHEMICALS CUSTOMS (ANTI-DUMPING DUTIES) ORDER 2013 SDN. BHD., GEBENG, PAHANG) 2013 Issued under s.11(1), Customs Act 1967 [Act 235] and s.25, Countervailing and Anti- Issued under s.55(3), Factories and Machinery Act 1967 Dumping Duties Act 1993 [Act 504] w.e.f.:- 14.3.2013 w.e.f.:- 20.2.2013-19.2.2018 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 82/2013 CUSTOMS ACT 1967[ACT 235] 73/2013 FACTORIES AND MACHINERY (EXEMPTION TO BASF PETRONAS CHEMICALS CUSTOMS (PROHIBITION OF EXPORTS) ORDER 2013 SDN. BHD., KAWASAN PERINDUSTRIAN GEBENG, KUANTAN, PAHANG) 2013 CORRIGENDUM Issued under s.55(3), Factories and Machinery Act 1967 Notes:- Corrigendum to [P.U.(A) 491/2012] w.e.f.:- 6.3.2013

CUSTOMS ACT 1967[ACT 235] 72/2013 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 12/2013 CUSTOMS (PROHIBITION OF IMPORTS) ORDER 2013 FACTORIES AND MACHINERY (EXEMPTION TO BASF PETRONAS CHEMICALS CORRIGENDUM SDN. BHD., KUANTAN, PAHANG) ORDER 2013 Notes:- Corrigendum to [P.U.(A) 490/2012] Issued under s.55(3), Factories and Machinery Act 1967 w.e.f:- 18.1.2013 CUSTOMS ACT 1967 [ACT 235] 6/2013 CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) ORDER 2013 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 50/2013 Issued under s.12, Customs Act 1967 FACTORIES AND MACHINERY (EXEMPTION TO MALAYSIA LNG SDN. BHD., w.e.f.:- 10.1.2013-23.1.2013 BINTULU, SARAWAK) ORDER 2013 Issued under s.55(3), Factories and Machinery Act 1967 CUSTOMS ACT 1967 [ACT 235] 18/2013 w.e.f.:- 15.2.2013 CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.2) ORDER 2013 Issued under s.12, Customs Act 1967 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 87/2013 w.e.f.:- 24.1.2013 - 6.2.2013 FACTORIES AND MACHINERY (EXEMPTION TO PETRONAS CHEMICALS METHANOL SDN. BHD., WILAYAH PERSEKUTUAN LABUAN) ORDER 2013 CUSTOMS ACT 1967 [ACT 235] 38/2013 Issued under s.55(3), Factories and Machinery Act 1967 CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.3) ORDER 2013 w.e.f.:- 9.3.2013 Issued under s.12, Customs Act 1967 w.e.f.:- 7.2.2013-20.2.2013 FEDERAL ROADS ACT 1959 [ACT 376] 11/2013 FEDERAL ROADS (WEST MALAYSIA) (AMENDMENT) ORDER 2013 CUSTOMS ACT 1967[ACT 235] 55/2013 Issued under s.3, Federal Roads Act 1959 CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.4) ORDER 2013 Notes:- Amends Sch.1, Federal Roads (West Malaysia) Order 1989, [P.U.(A) 401/1989] Issued under s.12, Customs Act 1967 w.e.f:- 15.1.2013 w.e.f.:- 21.2.2013-6.3.2013 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 9/2013 CUSTOMS ACT 1967 [ACT 235] 85/2013 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) (SHAH CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.5) ORDER 2013 ALAM EXPRESSWAY) (AMENDMENT) ORDER 2013 Issued under s.12, Customs Act 1967 Issued under s.2, Federal Roads (Private Management) Act 1984 w.e.f.:- 7.3.2013-20.3.2013 Notes:- Amends para.2 and Sch.1, Federal Roads (Private Management) (Collection of Tolls) (Shah Alam Expressway) Order 1999, [P.U.(A) 69/1999] CUSTOMS ACT 1967 [ACT 235] 98/2013 w.e.f:- 15.1.2013 CUSTOMS (VALUES) (CRUDE PETROLEUM OIL) (NO.6) ORDER 2013 Issued under s.12, Customs Act 1967 FOOD ANALYSTS ACT 2011 [ACT 727] 93/2013 w.e.f.:- 21.3.2013-3.4.2013 FOOD ANALYSTS REGULATIONS 2013 Issued under s.47, Food Analysts Act 2011 CUSTOMS ACT 1967 [ACT 235] 21/2013 w.e.f.:- 15.3.2014 CUSTOMS (VALUES) (PALM KERNEL) ORDER 2013 Issued under s.12, Customs Act 1967 INCOME TAX ACT 1967 [ACT 53] 4/2013 w.e.f.:- 1.2.2013-28.2.2013 INCOME TAX (ACCELERATED CAPITAL ALLOWANCE) (SECURITY CONTROL EQUIPMENT AND MONITORING EQUIPMENT) RULES 2013 CUSTOMS ACT 1967[ACT 235] 69/2013 Issued under s.154(1)(b) and paras.10,15 of Sch.3, Income Tax Act 1967 CUSTOMS (VALUES) (PALM KERNEL) (NO.2) ORDER 2013 w.e.f.:- y/a 2013 – y/a 2015, all rules except rule 7. Issued under s.12, Customs Act 1967 w.e.f.:- y/a 2013 – y/a 2017 – rule 7 w.e.f.:- 1.3.2013-31.3.2013 INCOME TAX ACT 1967 [ACT 53] 29/2013 CUSTOMS ACT 1967 [ACT 235] 20/2013 INCOME TAX (ACCELERATED CAPITAL ALLOWANCE) (TUN RAZAK EXCHANGE CUSTOMS (VALUES) (PALM OIL) ORDER 2013 MARQUEE STATUS COMPANY) RULES 2013 Issued under s.12, Customs Act 1967 Issued under s.154(1)(b), Income Tax Act 1967 w.e.f.:- 1.2.2013-28.2.2013 w.e.f.:- 1.1.2014-31.12.2020 CUSTOMS ACT 1967[ACT 235] 68/2013 CUSTOMS (VALUES) (PALM OIL) (NO.2) ORDER 2013 INCOME TAX ACT 1967 [ACT 53] 71/2013 Issued under s.12, Customs Act 1967 INCOME TAX (DEDUCTION FOR EXPENDITURE ON ISSUANCE OF RETAIL w.e.f.:- 1.3.2013-31.3.2013 DEBENTURE AND RETAIL SUKUK) RULES 2013 Issued under ss.154(1)(b) and 33(1)(d), Income Tax Act 1967 CUSTOMS ACT 1967[ACT 235] 61/2013 w.e.f.:- y/a 2012 – y/a 2015 CUSTOMS (VALUES OF IMPORTED COMPLETELY BUILT-UP MOTOR VEHICLES) (NEW) (AMENDMENT) ORDER 2013 INCOME TAX ACT 1967 [ACT 139] 89/2013 Issued under s.12, Customs Act 1967 INCOME TAX (DEDUCTION FOR EXPENSES IN RELATION TO INTEREST AND Notes: - Amends Sch., Customs (Value of Imported Completely Built-Up Motor INCIDENTAL COST IN ACQUIRING LOAN FOR ABANDONED PROJECTS) RULES 2013 Vehicles) (New) Order 2006, [P.U.(A) 108/2006] Issued under s.154(1)(b) and 33(1)(d), Income Tax Act 1967 w.e.f.:- 27.2.2013 Notes: - These Rules shall apply to a loan approved on or after 1 January 2013 but not later than 31 December 2015. DENTAL ACT 1971 [ACT 51] 101/2013 - The Income Tax (Construction Contracts) Regulations 2007 [P.U.(A)276/2007] and DENTAL (AMENDMENT OF SECOND SCHEDULE) ORDER 2013 the Income Tax (Property Development) Regulations 2007 [P.U.(A) 277/2007] shall Issued under s.12(2), Dental Act 1971 not apply to these Rules. Notes.:- Amends Sch.2, Dental Act 1971 w.e.f.:- y/a 2013 – 2015 w.e.f.:- 22.3.2013

Praxis Apr-June 2013 79 Bar Updates/Notices

INCOME TAX ACT 1967 [ACT 53] 54/2013 INCOME TAX ACT 1967 [ACT 53] 40/2013 INCOME TAX (DEDUCTIONS FOR FREIGHT CHARGES) (AMENDMENT) RULES 2013 INCOME TAX (EXEMPTION) (NO.6) ORDER 2013 Issued under ss.33(1)(d) and 154(1)(b), Income Tax Act 1967 Issued under s.127(3)(b), Income Tax Act 1967 Notes:- Amends rule 4, Income Tax (Deductions for Freight Charges) Rules 1990, Notes:- Exempts a qualifying person resident in Malaysia in the basis period for a [P.U.(A) 422/1990] year of assessment from the payment of income tax in respect of statutory income w.e.f.:- y/a 2013 derived from a qualifying activity which shall be one hundred per cent of the qualifying capital expenditure incurred in the basis period for a year of assessment INCOME TAX ACT 1967 [ACT 53] 51/2013 for ten consecutive years of assessment . INCOME TAX (DEDUCTION FOR INVESTMENT IN A PROJECT OF w.e.f.:- y/a 2011 – COMMERCIALISATION OF RESEARCH AND DEVELOPMENT FINDINGS) RULES 2013 Issued under ss.154(1)(b) and 33(1)(d), Income Tax Act 1967 INCOME TAX ACT 1967 [ACT 53] 41/2013 w.e.f.:- 29.9.2012 INCOME TAX (EXEMPTION) (NO.7) ORDER 2013 Issued under s.127(3)(b), Income Tax Act 1967 INCOME TAX ACT 1967 [ACT 53] 43/2013 Notes:- This Order shall apply to a qualifying person who has made an application INCOME TAX (DEDUCTION FOR PRE COMMENCEMENT EXPENSES IN RELATION to the Malaysian Investment Development Authority Minister on or after 10 TO REFINERY AND PETROCHEMICAL INTEGRATED DEVELOPMENT) RULES 2013 October 2011. Issued under s.154(1)(b), Income Tax Act 1967 w.e.f.:- y/a 2011 – w.e.f.:- y/a 2010 INCOME TAX ACT 1967 [ACT 53] 44/2013 INCOME TAX ACT 1967 [ACT 53] 15/2013 INCOME TAX (EXEMPTION) (NO.8) ORDER 2013 INCOME TAX (DEDUCTION FOR THE PROVISION OF CHILD CARE CENTRE) RULES 2013 Issued under s.127(3)(b), Income Tax Act 1967 Issued under s.154(1)(b) and 33(1)(d), Income Tax Act 1967 Notes:- This Order shall apply to a qualifying person who has made an application w.e.f:- y/a 2013 in writing in respect of its qualifying project to the Malaysian Investment Development Authority within ninety days before the expiry of the exemption INCOME TAX ACT 1967 [ACT 53] 30/2013 period under the Income Tax (Exemption) (No.6) Order 2013 [P.U.(A) 40/2013] INCOME TAX (DEDUCTION FOR RELOCATION COSTS FOR TUN RAZAK w.e.f.:- y/a 2011 – EXCHANGE MARQUEE STATUS COMPANY) RULES 2013 Issued under s.154(1)(b), Income Tax Act 1967 INCOME TAX ACT 1967 [ACT 53] 88/2013 w.e.f.:- y/a 2014 INCOME TAX (EXEMPTION) (NO.9) ORDER 2013 Issued under s.127(3)(b), Income Tax Act 1967 INCOME TAX ACT 1967 [ACT 53] 31/2013 w.e.f.:- y/a 2013 – INCOME TAX (DEDUCTION FOR RENTAL PAYMENTS) (TUN RAZAK EXCHANGE MARQUEE STATUSmCOMPANY) RULES 2013 INCOME TAX ACT 1967 [ACT 53] 1/2013 Issued under s.154(1)(b), Income Tax Act 1967 INCOME TAX (INDUSTRIAL BUILDING ALLOWANCE) (KINDERGARTEN) RULES 2013 w.e.f.:- y/a 2014 – Issued under s.154(1)(b) and para.80 of Sch.3, Income Tax Act 1967 w.e.f.:- y/a 2013 – INCOME TAX ACT 1967 [ACT 53] 3/2013 INCOME TAX (EXEMPTION) ORDER 2013 INCOME TAX ACT 1967 [ACT 53] 27/2013 Issued under s.127(3)(b), Income Tax Act 1967 INCOME TAX (INDUSTRIAL BUILDING ALLOWANCE) (TUN RAZAK EXCHANGE Notes.:- Exempts a person referred to in paragraph 2 from the payment of income MARQUEE STATUS COMPANY) RULES 2013 tax in respect of a statutory income derived from the business in respect of the Issued under s.154(1)(b), Income Tax Act 1967 provision and maintenance of a child care centre for the period of five consecutive w.e.f.:- y/a 2014 years of assessment (the exempt years of assessment) commencing from – (a) the year of assessment 2013 in relation to an existing child care centre; or INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1992 [ACT 485] 17/2013 (b) the first invoice issued by a child care centre that commences its business from SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) (AMENDMENT) the year of assessment 2013. REGULATIONS 2013 w.e.f.:- y/a 2013 – Issued under ss.3(1) and 4(1), and 6B and 11, International Organizations (Privileges and Immunities) Act 1992 INCOME TAX ACT 1967 [ACT 53] 7/2013 Notes:- Amends reg.2, Specialized Agencies (Privileges and Immunities) INCOME TAX (EXEMPTION) (NO.2) ORDER 2013 Regulations 2012, [P.U.(A) 280/2012] Issued under s.127(3)(b), Income Tax Act 1967 w.e.f:- 23.1.2013 Notes.:- Exempts a company resident in Malaysia which is licensed under the Tourism Industry Act 1992 to carry on a tour operating business from the payment INTERNATIONAL ORGANIZATIONS (PRIVILEGES AND IMMUNITIES) ACT 1992 [ACT 485] 16/2013 of income tax in respect of the statutory income derived from group inclusive tours. UNITED NATIONS (PRIVILEGES AND IMMUNITIES) (AMENDMENT) REGULATIONS 2013 - The exemption in subparagraph (1) shall only apply if the total number of Issued under ss.3(1) and 4(1), and 6A and 11, International Organizations (Privileges and tourists from outside Malaysia in group inclusive tours relating to the company is Immunities) Act 1992 not less than seven hundred and fifty in the basis period for a year of assessment.. Notes:- Amends reg.2, United Nations (Privileges and Immunities) Regulations w.e.f.:- y/a 2013 –– y/a 2015 2012 [P.U.(A) 279/2012] w.e.f:- 23.1.2013 INCOME TAX ACT 1967 [ACT 53] 13/2013 INCOME TAX (EXEMPTION) (NO.3) ORDER 2013 LABUAN BUSINESS ACTIVITY TAX ACT 1990 [ACT 445] 99/2013 Issued under s.127(3)(b), Income Tax Act 1967 LABUAN BUSINESS ACTIVITY TAX (EXEMPTION) ORDER 2013 Notes:- Exempts a person referred to in paragraph 2 from the payment of income tax in Issued under s.26(1), Labuan Business Activity Tax Act 1990 respect of a statutory income derived from the business of a kindergarten for the period of Notes.:- Exempts the Labuan International Commodity Trading Company from five consecutive years of assessment (the exempt years of assessment) commencing from- the payment of tax in respect of its income derived from qualifying activity and (a) the year of assessment 2013 in relation to an existing kindergarten; or shall be for a period of three consecutive years commencing from the first year (b) the first invoice issued by a kindergarten that commences its business from of its operation. the year of assessment 2013. w.e.f.:- y/a 2013 - This Order shall not apply to a kindergarten which is integrated with a private primary school. w.e.f:- y/a 2013 – LABUAN BUSINESS ACTIVITY TAX ACT 1990 [ACT 445] 100/2013 LABUAN BUSINESS ACTIVITY TAX (EXEMPTION) (NO.2) ORDER 2013 INCOME TAX ACT 1967 [ACT 53] 28/2013 Issued under s.26(1), Labuan Business Activity Tax Act 1990 INCOME TAX (EXEMPTION) (NO.4) ORDER 2013 Notes.: - Exempts the Labuan International Commodity Trading Company from Issued under s.127(3)(b), Income Tax Act 1967 the provision of subsection 7(1) of the Act. Notes:- Exempts an approved developer from the payment of income tax in - This Order shall not apply to the Labuan International Commodity Trading respect of seventy percent of its statutory income derived from- Company which carries on solely the trading of physical and related derivative (a) the disposal of any building or rights over any building or part of a building up instruments of liquefied natural gas, for the first three years of its operation. to the year of assessment 2022, subject to a maximum five (5) consecutive years w.e.f.:- y/a 2013 of assessment commencing from the year of assessment in which the approved developer first derives statutory income from such disposal; and LABUAN COMPANIES ACT 1990 [ACT 441] 76/2013 (b) the rental of a building or part of a building up to the year of assessment 2027, LABUAN COMPANIES (AMENDMENT) REGULATIONS 2013 subject to a maximum five (5) consecutive years of assessment commencing from Issued under s.146(1), Labuan Companies Act 1990 the first year of assessment in which the approved developer first derives statutory Notes.:- Amends Sch.3, Labuan Companies Regulations 2010, [P.U.(A) 414/2010] income from the rental activity. w.e.f.:- 1.4.2013 w.e.f.:- y/a 2013 – LABUAN FINANCIAL SERVICES AND SECURITIES ACT 2010 [ACT 704] 77/2013 INCOME TAX ACT 1967 [ACT 53] 39/2013 LABUAN FINANCIAL SERVICES AND SECURITIES (AMENDMENT) REGULATIONS 2013 INCOME TAX (EXEMPTION) (NO.5) ORDER 2013 Issued under s.196, Labuan Financial Services and Securities Act 2010 Issued under s.127(3)(b), Income Tax Act 1967 Notes.:- Amends Sch.3, Labuan Financial Services and Securities Regulations 2010, Notes:- Exempts a non-resident person from the payment of income tax in respect of- [P.U.(A) 416/2010] (a) any payment under paragraph 4A of the Act; w.e.f.:- 1.4.2013 (b) interest; (c) royalty; LABUAN FOUNDATIONS ACT 2010 [ACT 706] 75/2013 (d) contract payment under section 107A of the Act, and LABUAN FOUNDATIONS (AMENDMENT) REGULATIONS 2013 (e) other gains or profit falling under paragraph 4(f) of the Act, received from a Issued under s.80(1), Labuan Foundations Act 2010 qualifying person in relation to qualifying activity. Notes.:- Amends Sch.3, Labuan Foundations Regulations 2010, [P.U.(A) 418/2010] w.e.f.:- 10.10.2011-31.12.2021 w.e.f.:- 1.4.2013 LABUAN TRUSTS ACT 1996 [ACT 554] 79/2013 INCOME TAX ACT 1967 [ACT 53] 2/2013 LABUAN TRUSTS (AMENDMENT) REGULATIONS 2013 INCOME TAX (INDUSTRIAL BUILDING ALLOWANCE) (CHILD CARE CENTRE) RULES 2013 Issued under s.57(1), Labuan Trusts Act 1996 Issued under s.154(1)(b) and para.80 of Sch.3, Income Tax Act 1967 Notes.:- Amends Sch.3, Labuan Trusts Regulations 2010, [P.U.(A) 415/2010] w.e.f.:- y/a 2013 – w.e.f.:- 1.4.2013

80 Praxis Apr-June 2013 Bar Updates/Notices

LABUAN ISLAMIC FINANCIAL SERVICES AND SECURITIES ACT 2010 [ACT 705] 80/2013 PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 45/2013 LABUAN ISLAMIC FINANCIAL SERVICES AND SECURITIES (AMENDMENT) PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE REGULATIONS 2013 PUBLICATIONS) ORDER 2013 Issued under s.156, Labuan Islamic Financial Services and Securities Act 2010 Issued under s.7(1), Printing Presses and Publications Act 1984 Notes.:- Amends Sch.3, Labuan Islamic Financial Services and Securities Notes:- The printing, importation, production, reproduction, publishing, sale, Regulations 2010, [P.U.(A) 417/2010] issue, circulation, distribution or possession of Jihadmagz by Drs.M.Fachry and w.e.f.:- 1.4.2013 Tegar Di Atas Tauhid by Abu Sulaiman Aman Abdurrahman are absolutely prohibited throughout Malaysia. LABUAN LIMITED PARTNERSHIPS AND LIMITED LIABILITY PARTNERSHIPS ACT 78/2013 w.e.f.:- 9.2.2013 2010 [ACT 707] LABUAN LIMITED PARTNERSHIPS AND LIMITED LIABILITY PARTNERSHIPS ROAD TRANSPORT ACT 1987 [ACT 333] 94/2013 (AMENDMENT) REGULATIONS 2013 GOODS VEHICLES (LICENSING OF DRIVERS) (AMENDMENT) RULES 2013 Issued under s.89(1), Labuan Limited Partnerships and Limited Liability Partnerships Act 2010 Issued under s.127, Road Transport Act 1987 Notes.:- Amends Sch.3, Labuan Limited Partnerships and Limited Liability Notes:- Amends rules.4,6,6A, inserts new rules 4A,4B and Sch.2, and deletes rule.7, Partnerships Regulations 2010, [P.U.(A) 419/2010] Goods Vehicles (Licensing of Drivers) Rules 1965, [L.N. 158/1965] w.e.f.:- 1.4.2013 w.e.f.:- 15.3.2013

LAND PUBLIC TRANSPORT ACT 2010 [ACT 715] 49/2013 ROAD TRANSPORT ACT 1987 [ACT 333] 97/2013 LAND PUBLIC TRANSPORT (COMPOUNDING OF OFFENCES) (AMENDMENT) LOCAL SPEED LIMIT (FEDERAL ROADS) (WEST MALAYSIA) (AMENDMENT) (NO.2) ORDER 2013 REGULATIONS 2013 Issued under s.69(2), Road Transport Act 1987 Issued under s.252(1)(e), Land Public Transport Act 2010 Notes.: Amends Sch.1, Local Speed Limit (Federal Roads) (West Malaysia) Order Notes:- Amends reg.2, Land Public Transport (Compounding of Offences) 1992, [P.U.(A) 462/1991] Regulations 2011, [P.U.(A) 276/2011] w.e.f.:- 22.3.2013 w.e.f.:- 14.2.2013 ROAD TRANSPORT ACT 1987 [ACT 333] 5/2013 LOANS GUARANTEE (BODIES CORPORATE) ACT 1965 [ACT 96] 48/2013 LOCAL SPEED LIMIT (FEDERAL ROADS) (WEST MALAYSIA) (AMENDMENT) ORDER 2013 LOANS GUARANTEE (BODIES CORPORATE) (REMISSION OF TAX AND STAMP Issued under s.69(2), Road Transport Act 1987 DUTY) ORDER 2013 Notes.:- Amends Sch.1, Local Speed Limit (Federal Roads) (West Malaysia) Order Issued under s.10(1), Loans Guarantee (Bodies Corporate) Act 1965 1992, [P.U.(A) 462/1991] Notes:- Any tax payable under the Income Tax Act 1967 [Act 53] shall be remitted w.e.f.:- 11.1.2013 in full in respect of any money payable under any agreement, note, instrument or document in relation to any of the Islamic Medium Term Notes issued pursuant to ROAD TRANSPORT ACT 1987 [ACT 333] 96/2013 the Islamic Medium Term Notes Programme in nominal value of up to two billion MOTOR VEHICLES (CONSTRUCTION AND USE) (AMENDMENT) RULES 2013 and five hundred million ringgit (RM2,500,000,000.00) (the “IMTN Programme”) Issued under s.66, Road Transport Act 1987 by Perbadanan Tabung Pendidikan Tinggi Nasional (the “Issuer”). Notes:- Amends Sch.3, Motor Vehicles (Construction and Use) Rules 1959, [L.N. 170/1959] - Any stamp duty payable under the Stamp Act 1949 [Act 378] in respect of any w.e.f.:- 1.1.2015 agreement, note, instrument and document in relation to the Islamic Medium Term Notes, the IMTN Programme or the Guarantee shall be remitted in full. ROAD TRANSPORT ACT 1987 [ACT 333] 59/2013 w.e.f.:- 14.2.2013 NATIONAL SPEED LIMIT (AMENDMENT) ORDER 2013 Issued under s.69(1), Road Transport Act 1987 LOANS GUARANTEE (BODIES CORPORATE) ACT 1965 [ACT 96] 81/2013 Notes:- Amends Sch., National Speed Limit Order 1989, [P.U.(A) 18/1989] LOANS GUARANTEE (BODIES CORPORATE) (REMISSION OF TAX AND STAMP w.e.f.:- 28.2.2013 DUTY) (NO.2) ORDER 2013 Issued under s.10(1), Loans Guarantee (Bodies Corporate) Act 1965 ROAD TRANSPORT ACT 1987 [ACT 333] 26/2013 Notes:- Any tax payable under the Income Tax Act 1967 [Act 53] shall be remitted NATIONAL SPEED LIMIT (TEMPORARY CESSATION) ORDER 2013 in full in respect of any money payable under any agreement, note, instrument Issued under s.69(1), Road Transport Act 1987 or document in relation to any of the Islamic Medium Term Notes issued pursuant w.e.f.:- 3.2.2013-17.2.2013 to the Islamic Medium Term Notes Programme in nominal value of one billion ringgit (RM1,000,000,000.00) (the “IMTN Programme”) by Sarawak Hidro Sdn. ROAD TRANSPORT ACT 1987 [ACT 333] 95/2013 Bhd. (the “Issuer”). PUBLIC SERVICE VEHICLES (LICENSING AND CONDUCT OF DRIVERS, - Any stamp duty payable under the Stamp Act 1949 [Act 378] in respect of any CONDUCTORS AND PASSENGERS) (AMENDMENT) RULES 2013 agreement, note, instrument and document in relation to the Islamic Medium Issued under s.127, Road Transport Act 1987 Term Notes, the IMTN Programme or the Guarantee shall be remitted in full. Notes:- Amends rules.3,5,5A inserts new rules 3A,3B and Sch. and deletes rule.6, w.e.f.:- 4.3.2013 Public Service Vehicles (Licensing and Conduct of Drivers, Conductors and Passengers) Rules 1959, [L.N. 177/1959] LOCAL GOVERNMENT ACT 1976 [ACT 171] 8/2013 w.e.f.:- 15.3.2013 LOCAL GOVERNMENT (ELECTION ADVERTISEMENT) (FEDERAL TERRITORY OF KUALA LUMPUR) (AMENDMENT) BY-LAWS 2012 ROAD TRANSPORT ACT 1987 [ACT 333] 46/2013 CORRIGENDUM ROAD TRANSPORT (PROHIBITION OF USE OF ROAD) (CITY OF KUALA LUMPUR) ORDER 2013 Notes.:- Corrigendum to [P.U.(A) 463/2012] Issued under ss.70(1) and 70(2), Road Transport Act 1987 - Corrects by substituting for the words “not more than fifty thousand” appearing w.e.f.:- 1.1.2013 in by-law 2 the words “not more than five thousand”. ROAD TRANSPORT ACT 1987 [ACT 333] 47/2013 MALAYSIAN COCOA BOARD (INCORPORATION) ACT 1988 [ACT 343] 58/2013 ROAD TRANSPORT (PROHIBITION OF USE OF ROAD) (CITY OF KUALA LUMPUR) MALAYSIAN COCOA BOARD (COMPOUNDING OF OFFENCES) REGULATIONS 2013 (NO.2) ORDER 2013 Issued under s.11(l), Malaysian Cocoa Board (Incorporation) Act 1988 Issued under ss.70(1) and 70(2), Road Transport Act 1987 w.e.f.:- 23.2.2013 w.e.f.:- 28.12.2012

PETROLEUM (INCOME TAX) ACT 1967 [ACT 543] 14/2013 ROAD TRANSPORT ACT 1987 [ACT 333] 74/2013 PETROLEUM (INCOME TAX) (DEDUCTION FOR PARTICIPATION IN AN APPROVED ROAD TRANSPORT (PROHIBITION OF USE OF ROAD) (FEDERAL ROADS) ORDER 2013 CAREER FAIR) RULES 2013 Issued under ss.70(1) and (2), Road Transport Act 1987 Issued under s.83(1)(a), Petroleum (Income Tax) Act 1967 w.e.f.:- 2.3.2013 w.e.f:- y/a 2012-y/a 2016 ROAD TRANSPORT ACT 1987 [ACT 333] 22/2013 PRESERVATION OF PUBLIC SECURITY ORDINANCE 1962 [Ord. No.6 of 1962] 103/2013 ROAD TRAFFIC (PROHIBITION ON DRIVING OF GOODS VEHICLES) RULES 2013 PRESERVATION OF PUBLIC SECURITY REGULATIONS 2013 Issued under para.88(1)(c), Road Transport Act 1987 Issued under s.3(2)(c) and (e), Preservation of Public Security Ordinance 1962 w.e.f.:- 8.2.2013 Notes.:- These Regulations apply to the Eastern Area of Sabah - Revokes the Preservation of Public Security Regulations 1962 [No. S 153 /1962]. ROAD TRANSPORT ACT 1987 [ACT 333] 70/2013 w.e.f.:- 25.3.2013 TRAFFIC SIGNS (SIZE, COLOUR AND TYPE) (AMENDMENT) RULES 2013 Issued under s.88(1)(q), Road Transport Act 1987 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 36/2013 Notes:- Amends Sch., Traffic Signs (Size, Colour and Type) Rules 1959, [L.N. 167/1959] PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM w.e.f.:- 2.3.2013 PRICE) ORDER 2013 Issued under s.4, Price Control and Anti-Profiteering Act 2011 SECURITIES INDUSTRY (CENTRAL DEPOSITORIES) ACT 1991 [ACT 453] 24/2013 w.e.f.:- 6.2.2013-17.2.2013 SECURITIES INDUSTRY (CENTRAL DEPOSITORIES) (EXEMPTION) ORDER 2013 Issued under s.62A(1), Securities Industry (Central Depositories) Act 1991 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 37/2013 w.e.f.:- 31.1.2013 PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM PRICE) (NO.2) ORDER 2013 SECURITIES INDUSTRY (CENTRAL DEPOSITORIES) ACT 1991 [ACT 453] 23/2013 Issued under s.4, Price Control and Anti-Profiteering Act 2011 SECURITIES INDUSTRY (CENTRAL DEPOSITORIES) (RETAIL DEBENTURES AND Notes:- Revokes the Price Control and Anti-Profiteering (Determination of RETAIL SUKUK) REGULATIONS 2013 Maximum Price) (No.2) Order 2012, [P.U.(A) 323/2012] Issued under s.63(1), Securities Industry (Central Depositories) Act 1991 w.e.f.:- 6.2.2013 w.e.f.:- 31.1.2013

PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 35/2013 SOCIETIES ACT 1966 [ACT 335] 102/2013 PRICE CONTROL AND ANTI-PROFITEERING (PRICE MARKING OF PRICE- REVOCATION OF ORDER UNDER SECTION 5 CONTROLLED GOODS) ORDER 2013 Issued under s.5(1), Societies Act 1966 Issued under s.10, Price Control and Anti-Profiteering Act 2011 Notes.: Revokes the order published in the Gazette on 14th October 2008 [P.U.(A) w.e.f.:- 6.2.2013-17.2.2013 381/2008] which declares the Hindu Rights Action Force (HINDRAF) movement as an unlawful society. ROAD TRANSPORT ACT 1987 [ACT 333] 25/2013 w.e.f.:- 25.1.2013 LOCAL SPEED LIMIT (FEDERAL ROADS) (SPECIFIED TIME PROHIBITION) ORDER 2013 Issued under s.69(2), Road Transport Act 1987 w.e.f.:- 3.2.2013-17.2.2013

Praxis Apr-June 2013 81 Bar Updates/Notices

STAMP ACT 1949 [ACT 378] 32/2013 STAMP DUTY (EXEMPTION) ORDER 2013 LATEST INDEX TO SELECTED P.U.(B) Issued under s.80(1), Stamp Act 1949 SERIES 2012 Notes:- Exempts the amount of stamp duty that is chargeable under subsubitem 22(1)(b) of the First Schedule to the Act relating to any instrument of service As at 7 Jan 2013 agreement chargeable to duty executed on or after 1 January 2014 but not later P.U.(B) NO. than 31 December 2022 between a service provider and a Tun Razak Exchange Title Marquee status company. CAPITAL MARKETS AND SERVICES (AMENDMENT) ACT 2012 [ACT A1437] 428/2012 w.e.f.:- 1.1.2014 APPOINTMENT OF DATE OF COMING INTO OPERATION Notes:- 28 December 2012 appointed as the date on which the [Act A1437] STAMP ACT 1949 [ACT 378] 33/2013 comes into operation. STAMP DUTY (EXEMPTION) (NO.2) ORDER 2013 w.e.f.:- 28.12.2012 Issued under s.80(1), Stamp Act 1949 Notes:- Stamp duty exemption regarding Tun Razak Exchange Marquee status company. COURTS OF JUDICATURE ACT 1964 [ACT 91] 417/2012 w.e.f.:- 31.1.2013 COURTS OF JUDICATURE (FEDERAL COURT) (VACATIONS) RULES 1996 VACATIONS OF THE FEDERAL COURT STAMP ACT 1949 [ACT 378] 42/2013 Notes:- The vacations of the Federal Court for the calendar year 2013 shall be- STAMP DUTY (EXEMPTION) (NO.3) ORDER 2013 (a) from Monday, 3 June 2013 to Friday, 14 June 2013; and Issued under s.80(1), Stamp Act 1949 (b) from Monday, 16 December 2013 to Tuesday, 31 December 2013. Notes:- Exempts all instruments chargeable with ad valorem duty executed by a w.e.f.:- 20.12.2012 qualifying person in relation to qualifying activity carried on in RAPID Complex on or after 10 October 2011 but not later than 31 December 2021 where stamp EMPLOYEES’ SOCIAL SECURITY (AMENDMENT) ACT 2012 [ACT A1445] 424/2012 duty due would ordinarily be payable by that qualifying person from stamp duty APPOINTMENT OF DATE OF COMING INTO OPERATION which would otherwise be chargeable under Stamp Act 1949. Notes:- 1 January 2013 appointed as the date on which the [Act A1445] comes w.e.f.:- 10.10.2011-31.12.2021 into operation. w.e.f.:- 1.1.2013 STAMP ACT 1949 [ACT 378] 52/2013 STAMP DUTY (EXEMPTION) (NO.4) ORDER 2013 ENVIRONMENTAL QUALITY (AMENDMENT) ACT 2012 [ACT A1441] 429/2012 Issued under s.80(1), Stamp Act 1949 APPOINTMENT OF DATE OF COMING INTO OPERATION Notes:- Exempts an instrument relating to the sale and purchase of retail Notes:- 2 January 2013 appointed as the date on which the [Act A1441] comes debenture and retail sukuk as approved by the Securities Commission under the into operation. Capital Markets and Services Act 2007 [Act 671] w.e.f.:- 2.1.2013 - The exemption shall apply to the instruments executed, by a retail investor who INDUSTRIAL RELATIONS ACT 1967 [ACT 177] 414/2012 is an individual, on or after 1 October 2012 but not later than 31 December 2015. APPOINTMENT OF CHAIRMAN OF A DIVISION OF THE INDUSTRIAL COURT w.e.f.:- 1.10.2012 Notes:- P.Iruthayaraj a/l D.Pappusamy appointed as the Chairman of a Division of the Industrial Court with effect from 11 August 2011 to 16 September 2013.. STAMP ACT 1949 [ACT 378] 91/2013 w.e.f.:- 11.8.2011-16.9.2013 STAMP DUTY (EXEMPTION) (NO.5) ORDER 2013 Issued under s.80(1), Stamp Act 1949 LIMITED LIABILITY PARTNERSHIPS ACT 2012 [ACT 743] 421/2012 Notes:- Exempts the instruments executed by an original purchaser, that is a APPOINTMENT OF DATE OF COMING INTO OPERATION purchaser whose name is stated in the Sale and Purchase Agreement in relation Notes:- 26 December 2012 appointed as the date on which the [Act 743] comes to an abandoned project, or his beneficiary from stamp duty. into operation. - The exemption shall apply to the instruments executed by an original purchaser w.e.f.:- 26.12.2012 on or after 1 January 2013 but not later than 31 December 2015. w.e.f.:- 1.1.2013 MINIMUM RETIREMENT AGE ACT 2012 [ACT 753] 422/2012 APPOINTMENT OF DATE OF COMING INTO OPERATION STAMP ACT 1949 [ACT 378] 92/2013 Notes:- 1 July 2013 appointed as the date on which the [Act 753] comes into operation. STAMP DUTY (EXEMPTION) (NO.6) ORDER 2013 w.e.f.:- 1.7.2013 Issued under s.80(1), Stamp Act 1949 Notes:- Exempts the instruments executed by a rescuing contractor or a MONEYLENDERS ACT 1951 [ACT 400] 425/2012 developer, that is a contractor or a developer who is appointed or approved by EXEMPTION UNDER SUBSECTION 2A(2) the Minister of Housing and Local Government to carry on rehabilitation works Notes:- Exempts MyCreative Ventures Sdn. Bhd. from all of the provisions of the for an abandoned project from stamp duty. Act for a period of ten years with effect from 5 September 2012.. - The exemption shall apply to the instruments executed by the rescuing contractor w.e.f.:- For a period of 10 years with effect from 5.9.2012 or developer on or after 1 January 2013 but not later than 31 December 2015. MONEYLENDERS ACT 1951 [ACT 400] 426/2012 w.e.f.:- 1.1.2013 EXEMPTION UNDER SUBSECTION 2A(2) Notes:- Exempts Turus Pesawat Sdn Bhd. from all of the provisions of the Act for SUBORDINATE COURTS RULES ACT 1955 [ACT 55] 67/2013 a period of twenty years with effect from 24 September 2012.. COURTS OF JUDICATURE ACT 1964 [ACT 91] w.e.f.:- For a period of 20 years with effect from 24.9.2012 RULES OF COURT (AMENDMENT) 2013 Issued under s.4, Subordinate Courts Rules Act 1955 and s.17, Courts of Judicature Act 1964 MONEYLENDERS ACT 1951 [ACT 400] 405/2012 Notes:- Amends O.1,5,11,12,38,53,61,69,71,85,94,Appendix A and C, [P.U.(A) 205/2012]. EXEMPTION UNDER SUBSECTION 2A(2) w.e.f.:- 1.8.2012 Notes:- Exempts the ASEAN Infrastructure Fund Limited from all of the provisions of the Act for a period of thirty years with effect from the date of publication of WILDLIFE CONSERVATION ACT 2010 [ACT 716] 63/2013 this Notification in the Gazette. WILDLIFE CONSERVATION (COMMERCIAL CAPTIVE BREEDING) REGULATIONS 2013 w.e.f.:- 12.12.2012 Issued under s.132(2)(e), Wildlife Conservation Act 2010 w.e.f.:- 1.3.2013 PERUMAHAN RAKYAT 1MALAYSIA ACT 2012 [ACT 739] 423/2012 APPOINTMENT OF DATE OF COMING INTO OPERATION WILDLIFE CONSERVATION ACT 2010 [ACT 716] 62/2013 Notes:- 1 January 2013 appointed as the date on which the [Act 739] comes into WILDLIFE CONSERVATION (DISPOSAL) REGULATIONS 2013 operation in Peninsular Malaysia and the Federal Territory of Labuan. Issued under s.132(2)(d), Wildlife Conservation Act 2010 w.e.f.:- 1.1.2013 w.e.f.:- 1.3.2013

WILDLIFE CONSERVATION ACT 2010 [ACT 716] 64/2013 WILDLIFE CONSERVATION (LICENCE, PERMIT AND SPECIAL PERMIT FEES) REGULATIONS 2013 LATEST INDEX TO SELECTED P.U.(B) Issued under s.132(2)(g), Wildlife Conservation Act 2010 SERIES 2013 w.e.f.:- 1.3.2013 As at 25 Mar 2013 WORKMEN’S COMPENSATION ACT 1952 [ACT 273] 19/2013 Title P.U.(B) NO. WORKMEN’S COMPENSATION (FOREIGN WORKERS’ COMPENSATION SCHEME) (INSURANCE) (AMENDMENT) ORDER 2013 ADMINISTRATION OF ISLAMIC LAW (FEDERAL TERRITORIES) ACT 1993 [ACT 505] 5/2013 Issued under s.26(2), Workmen’s Compensation Act 1952 APPOINTMENT OF EX-OFFICIO MEMBER OF THE MAJLIS AGAMA ISLAM Notes.:- Amends Sch., Workmen’s Compensation (Foreign Worker’s Compensation WILAYAH PERSEKUTUAN Scheme) (Insurance) Order 2005, [P.U.(A) 45/2005] Notes:- Yang di-Pertuan Agong, on the advice of the Minister, has appointed w.e.f:- 23.1.2013 Tan Sri Abdul Gani Patail as ex-officio member of the Majlis Agama Islam Wilayah Persekutuan for a period of three years with effect from 1 September 2012. WORKMEN’S COMPENSATION ACT 1952 [ACT 273] 86/2013 w.e.f.:- For a period of 3 years with effect from 1.9.2012 WORKMEN’S COMPENSATION (FOREIGN WORKERS’ COMPENSATION SCHEME) (INSURANCE) (AMENDMENT) (NO.2) ORDER 2013 ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS ACT 2007 [ACT 670] 47/2013 Issued under s.26(2), Workmen’s Compensation Act 1952 NOTIFICATION UNDER SUBSECTION 42(1) Notes.:- Amends Sch., Workmen’s Compensation (Foreign Workers’ Compensation Notes:- Declares the Rumah Perlindungan Johor, Lot 3314, Mukim Tebrau, 81200 Scheme) (Insurance) Order 2005, [P.U.(A) 45/2005] Johor Bahru, as a place of refuge for the care and protection of trafficked persons. w.e.f.:- 8.3.2013 w.e.f.:- 8.2.2013 ARMS ACT 1960 [ACT 206] 33/2013 EXEMPTION FROM SUBSECTION 3(2) Notes:- Exempts the Director of JIM Project & Expo Logistics (M) Sdn. Bhd from the application of subsection 3(2) of the Act in respect of arms and ammunition intended solely for the purpose of display at the “Langkawi International Maritime & Aerospace Exhibition 2013 (LIMA 2013)”. w.e.f:- For a period of five weeks from 11.3.2013 – 14.4.2013

82 Praxis Apr-June 2013 Bar Updates/Notices

CENTRAL BANK OF MALAYSIA (AMENDMENT) ACT 2013 [ACT A1448] 44/2013 INTERNATIONAL TRANSFER OF PRISONERS ACT 2012 [ACT 754] 59/2013 APPOINTMENT OF DATE OF COMING INTO OPERATION APPOINTMENT OF DATE OF COMING INTO OPERATION Notes:- 8th February 2013 appointed as the date on which the [Act A1448] comes Notes:- 21st February 2013 appointed as the date on which the [Act 754] comes into operation. into operation. w.e.f:- 21.2.2013 w.e.f:- 8.2.2013 MONEY SERVICES BUSINESS ACT 2011 [ACT 731] 69/2013 COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 54/2013 NOTICE OF AMENDMENTS TO THE LIST OF LICENSEES NOTICE OF AFFIRMATIVE FINAL DETERMINATION OF AN ANTI-DUMPING Notes:- The Central Bank of Malaysia publishes a notice of amendments to the DUTY INVESTIGATION WITH REGARD TO IMPORTS OF STEEL WIRE RODS List of Licensees under the Act [P.U.(B) 170/2012] published on 30 April 2012. ORIGINATING OR EXPORTED FROM CHINESE TAIPEI, THE REPUBLIC OF w.e.f.:- 9.3.2013 INDONESIA, THE REPUBLIC OF KOREA, THE PEOPLE’S REPUBLIC OF CHINA AND THE REPUBLIC OF TURKEY (AD 01/12) NATIONAL SERVICE TRAINING ACT 2003 [ACT 628] 31/2013 Notes.:- The anti-dumping duties imposed under paragraph 3 shall apply for a DETERMINATION OF NATURE, PLACE AND DURATION OF NATIONAL SERVICE period of 5 years from 20 February 2013. TRAINING (AMENDMENT OF SECOND SCHEDULE) 2013 w.e.f.:- 20.2.2013 Notes:- Amends Sch.2, Determination of Nature, Place and Duration of National Service Training, [P.U.(B) 535/2011] COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 58/2013 w.e.f:- 19.1.2013 NOTICE OF INITIATION OF AN ANTI-DUMPING DUTY INVESTIGATION WITH REGARD TO IMPORTS OF ELECTROLYTIC TINPLATE FROM THE PEOPLE’S NATIONAL SERVICE TRAINING ACT 2003 [ACT 628] 30/2013 REPUBLIC OF CHINA AND THE REPUBLIC OF KOREA (AD 01/13) NOTIFICATION OF NATURE, PLACE AND DURATION OF NATIONAL SERVICE TRAINING 2011 w.e.f.:- 21.2.2013 CORRIGENDUM Notes:- Corrigendum to [P.U.(A) 535/2011] COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 55/2013 - Corrects by substituting for the word “Notification” appearing in the title the NOTICE OF NEGATIVE FINAL DETERMINATION OF AN ANTI-DUMPING word “Determination”. DUTY INVESTIGATION WITH REGARD TO IMPORTS OF STEEL WIRE RODS ORIGINATING OR EXPORTED FROM CHINESE TAIPEI, THE REPUBLIC OF PRISON ACT 1995 [ACT 537] 46/2013 INDONESIA, THE REPUBLIC OF KOREA, THE PEOPLE’S REPUBLIC OF CHINA AND APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT THE REPUBLIC OF TURKEY (AD 01/12) Notes:- Lock-up at the Sg Merah Police Station, Sarawak appointed to be a w.e.f.:- 20.2.2013 place for the confinement of persons, remanded or sentenced to such terms of imprisonment not exceeding one month. COURTS OF JUDICATURE ACT 1964 [ACT 91] 38/2013 w.e.f:- 8.2.2013 DECLARATION OF COMMENCEMENT AND DURATION OF VACATIONS OF THE COURT OF APPEAL COURTS OF JUDICATURE (COURT OF APPEAL) (VACATIONS) RULES 1994 PRISON ACT 1995 [ACT 537] 66/2013 Notes:- The commencement and duration of vacations of the Court of Appeal APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT for the calendar year 2013 shall be- Notes:- The Lock-up at the Sikamat Police Station, Negeri Sembilan appointed to a) from Monday, 3 June 2013 to Friday, 14 June 2013; and be a place for the confinement of persons, remanded or sentenced to such terms b) from Monday, 16 December 2013 to Tuesday, 31 December 2013. of imprisonment, not exceeding one month. w.e.f.:- 23.1.2013 w.e.f.:- 29.2.2013 FEDERAL CAPITAL ACT 1960 [ACT 190] 8/2013 PRISON ACT 1995 [ACT 537] 64/2013 ADVISORY BOARD OF THE CITY OF KUALA LUMPUR REGULATIONS 1989 MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 [ACT 694] APPOINTMENT OF MEMBERS OF THE ADVISORY BOARD APPOINTMENT OF LOCK-UPS TO BE A PLACES OF CONFINEMENT CORRIGENDUM Notes:- Lokap Suruhanjaya Pencegahan Rasuah Negeri Perak and Lokap Notes:- Corrigendum to [P.U.(A) 354/2012] Suruhanjaya Pencegahan Rasuah Malaysia Cawangan Temerloh, Pahang - Corrects by substituting for the words “Berkuat kuasa mulai 1.10.2012 sehingga appointed to be places for the confinement of persons, remanded or sentenced 30.09.2013” appearing against the words “Pelantikan menurut perenggan 2(c) to such terms of imprisonment not exceeding one month. Datuk Mustapa Kamal bin Mohd. Yusoff” with the words “Berkuat kuasa mulai w.e.f.:- 28.2.2013 1.11.2012 sehingga 31.10.2013”. SUBORDINATE COURTS (AMENDMENT) ACT 2010 [ACT A1382] 45/2013 FEDERAL CONSTITUTION [FGN (NS) 885/1957] 39/2013 APPOINTMENT OF DATE OF COMING INTO OPERATION APPOINTMENT OF MEMBER OF PARDONS BOARD Notes:- 1st March 2013 appointed as the date on which the [Act A1382] comes Notes:- The Yang di-Pertuan Agong has appointed Dato’ Seri Setia DiRaja J.J. Raj into operation. (Jr.) to be a member of the Pardons Board for the Federal Territories of Kuala w.e.f:- 1.3.2013 Lumpur, Labuan and Putrajaya. w.e.f:- For a period of three years from 1.2.2013 – 31.1.2016 SUBORDINATE COURTS ACT 1948 [ACT 92] 65/2013 NOTIFICATION UNDER SUBSECTION 77(2) Notes:- Amends Sch.4, Subordinate Courts Act 1948 FOOD ANALYSTS ACT 2011 [ACT 727] 75/2013 w.e.f:- 1.3.2013 APPOINTMENT OF DATE OF COMING INTO OPERATION Notes:- 15th March 2014 appointed as the date on which the [Act 727] comes into operation. TRADE DESCRIPTIONS ACT 2011 [ACT 730] 70/2013 w.e.f:- 15.3.2014 TRADE DESCRIPTIONS (CHEAP SALE PRICE) REGULATIONS 1997 [P.U.(A) 424/1997] NOTIFICATION OF THE DATE AND DURATION OF SALES AT CHEAP SALE PRICE FOR THE CALENDAR YEAR 2013 INSURANCE ACT 1996 [ACT 553] 49/2013 Notes:- The Controller of Trade Descriptions fixes the Malaysia GP Sale from REVOCATION OF GENERAL INSURANCE LICENCE 16.3.2013-7.4.2013, Malaysia Mega Sale Carnival/1 Malaysia Unified Sales from Notes:- Revokes the licence of MUI Continental Berhad to carry on general 29.6.2013-1.9.2013 and Malaysia Year-End Sale from 16.11.2013-5.1.2014 as sales insurance business with effect from 15 October 2012. at the cheap sale price for the calendar year 2013. w.e.f:- 15.10.2012 w.e.f.:- 13.3.2013

NOTICE REGARDING DOCUMENTS IN BAR COUNCIL’S CUSTODY: LEGAL FIRMS IN WHICH BAR COUNCIL HAS INTERVENED (As at 28 Feb 2013) When Bar Council intervenes in a legal firm pursuant to powers conferred by the Legal Profession Act 1976, it can take custody of documents that are within the control or possession of the firm. Subsequently, Bar Council takes steps to notify clients and/or interested parties to collect their documents within the stipulated time period. However, many documents are uncollected and remain in Bar Council’s custody, such as those taken from the legal firms listed below. Clients or interested parties who wish to claim documents that relate to cases that were handled by these legal firms are advised to contact the Bar Council’s Intervention Department at 03-2050 2159.

Kuala Lumpur Messrs Yusuf Abdul Rahman & Co Messrs Zainal Rashid & Partners Messrs Rosli Rahman & Co Messrs Rina Noor & Co Messrs Mohd Zawawi Amelda & Partners Messrs Jaharberdeen & Ngo Messrs J L Lim & Co Messrs Kushairi & Co Messrs C K Kow & Co Messrs Jauhari & Assoc Messrs Mariam & Co Messrs Loh & Co Messrs Nazli Ghazali & Cheong Messrs H K Teh & Assoc Messrs K Y Teo & Associates Messrs Yusof Abdullah & Partners Messrs Zaim Al-Amin & Assoc Messrs Sabri Nazli Lana & Azizan Negeri Sembilan Messrs R K Nandy & Associates Messrs Su How & Co Messrs Penney Khoo Soh Ping & Co Messrs M. Kuppusamy & Co Messrs Badri Kuhan Yeoh & Ghandi Messrs M W Lian & Assoc. Messrs Umar Baki & Co Messrs Sasi Kumar & Assoc Messrs K E Ooi & Partners Messrs Zihin Shariff & Partners Messrs Cheong & Chong Messrs S F Leow Messrs Anuar S J Ong & Co Messrs Khalid Chung & Shankar Messrs Hassan Kuldeep & Co Messrs Azizi Nizam & Anwar Messrs Adi Azhar Messrs Nordin Hamid & Co Messrs Khalil Samsuni & Co Perak Messrs B C Low Messrs Raja Rohana & Co Malacca Messrs Ravi Nair Maideen & Assoc. Messrs Sooriyar & Co Messrs Abdullah-Haniff & Assoc Messrs Ang Kwee Thian & Associates Messrs Mohd Azhar & Co Messrs Y H Chan & Co Selangor Messrs Tuah Hilmy & Hazudin Kedah/Perlis Messrs Shaik Anwar Raja Messrs Loh & Co Messrs Parthan & Associates Messrs Jamaludin Amin & Co Messrs P L Low & Co Messrs Bagia Sri Devi & Co Messrs YC Pok & Zurina Pahang Messrs Wan Nizar Rais Messrs Noi Messrs Ganesan Mariapan & Co Messrs Yum Ng & Stanley Messrs Par Govind & Co Messrs Zubaidah Mukhtar Ahmad Johore Messrs Zul & Co Messrs Hadi & Co Messrs S. Letchumanan & H. Nizam Messrs Razak & Fakrul Penang Messrs Michael Lim & Assoc. Messrs Bhaarathee & Associates Messrs Baharuddin & Partners Messrs A J Hamzah & Co Bar Updates/Notices LIBRARY UPDATES NEW BOOKS Chao, Hick Tin [Ed.]. The law in his hands: a tribute to Chief Justice Chan Sek Keong. Singapore: Academy Publishing, 2012. Chew, Andrew Peng Hui. The law of costs in civil proceedings. Petaling Jaya, Selangor: Sweet & Maxwell Asia, 2013. Harbans Singh. Harbans’ engineering and construction contracts management: pre-contract award practice. 2nd ed. Petaling Jaya, Selangor: LexisNexis, 2012. Jagjit Singh a/l Bant Singh [Ed.]. Civil trials guidebook. Kuala Lumpur: Marsden Law Book, 2013. Halliday, Terence C. [Ed.]. Fates of political liberalism in the British post-colony: the politics of the legal complex. Cambridge: Cambridge University Press, 2012. Pinsler, Jeffrey. Principles of civil procedure. Singapore: Academy Publishing, 2013. Poh, Chu Chai. Guarantees and performance bonds. 2nd ed. Singapore: LexisNexis, 2012. Pointon, Leo Desmond. Whistleblower protection law: cases and commentary. Petaling Jaya, Selangor: LexisNexis, 2012. Subramaniam, Paul P. A practical guide to preventive relief: injunctions. Petaling Jaya, Selangor: LexisNexis, 2012

DISCIPLINARY ORDERS (December 2012 – February 2013)

STRUCK OFF M/1053 Marhayati bt Abd Rashid 14 Feb 2013 3,000

SA NO NAME ORDER DATED A/926 Ahmiza binti Ahmad 15 Feb 2013 1,000 J/223 Jagdeep Kaur Bhullar d/o Sulwant Singh 7 Dec 2012 A/1140 Aidil Effendy bin Azmi 15 Feb 2013 1,000. Further ordered to refund RM5,424 to the R/272 Rozy Chazriani bt Beddu 7 Dec 2012 complainant within 3 months S/97 Syed Ibrahim bin Syed Abdul Rahman 7 Dec 2012 from date of order, failing which the respondent shall J/18 Joginder Singh Olikh 14 Feb 2013 be liable to pay a further sum of RM500 being the increase L/307 Ledchumiah a/l Ramamoorthy 14 Feb 2013 penalty pursuant to section N/1881 Nurlizahani binti Mohd Alang 14 Feb 2013 100(9)(as amended) N/212 Noor Faizah binti Abdul Razak 15 Feb 2013 3,000. Further ordered to SUSPENDED refund RM4,100 to the complainant within 3 months SA NO NAME ORDER DATED from date of order, failing which the respondent shall be S/2366 S. Bhaskar a/l Subramaniam 19 Jan 2013 liable to pay a further sum of (Suspended under s 94(4) to take effect RM1,500 being the increase 21 days from date of order until further penalty pursuant to section notice and complaint to be referred to DC 100(9)(as amended) for formal investigation.) Z/133 Zarina bt Zahur Hussain 16 Feb 2013 1,000 FINED A/302 Abdul Rahim bin Sinwan 14 Feb 2013 5,000. Further ordered to refund RM85,351.56 to the complainant for and on behalf SA NO NAME ORDER DATED FINED (RM) of all the 32 beneficiaries H/522 Hari Krishnan Jeyapalan 6 Dec 2012 2,000 (excluding Hanafi b Mohamed Kamal) within 3 months from J/213 Jamilah bt Haji Mohd Radzi 6 Dec 2012 10,000 date of order, failing which the M/696 Mohd Nazli b Abu Bakar 6 Dec 2012 8,000 respondent shall be liable to pay a further sum of RM2,500 N/897 Noraida binti Hassan 6 Dec 2012 5,000 being the increase penalty T/756 Tarmizan bin Tambychik 6 Dec 2012 20,000 pursuant to section s.103d(5) Y/113 Yap Yoong Fuan 6 Dec 2012 3,000 REPRIMANDED A/306 Asmahan binti Haji Sulaiman 7 Dec 2012 50,000 SA NO NAME ORDER DATED A/708 Amir Mahmood bin Mohd 7 Dec 2012 5,000 Razali @ Amarasli M/673 Meachery Jo-Anne Joseph 7 Dec 2012 L/581 Dato' Lakhbir Singh s/o Sadu 7 Dec 2012 1,000 R/647 Raman a/l Velu 7 Dec 2012 Singh L/1793 Loh Tze Wei 8 Dec 2012 S/213 Diana Ann Seah 7 Dec 2012 8,000 N/1271 Ng Meng Poh 8 Dec 2012 S/866 Siva Subramaniam a/l M. 7 Dec 2012 8,000 S/1181 Salim Bin Bashir Bhaskaran 18 Jan 2013 Shanmugam K/673 Khaliq Mehtab bin Mohd Ishaq 18 Jan 2013 T/95 Tia Chak Yit 7 Dec 2012 3,000 A/231 Anatharatchagan @ Anandan P Thatchanamoorthy 19 Jan 2013 Y/437 Yuen Kwong Wai 7 Dec 2012 3,000 K/313 Kevindran s/o Mahendran 19 Jan 2013 H/16 Hassanudin b Puteh 8 Dec 2012 10,000 W/527 Wan Muhd Khomeni bin Wan Md Shariff 19 Jan 2013 N/136 Nazariah bt Abbas 18 Jan 2013 2,000 R/99 Ramachandran a/l Nana Pulle 14 Feb 2013 I/75 Idris bin Zaidel 14 Feb 2013 5,000 N/776 Norazam bin Sulaiman 15 Feb 2013 L/640 Lim Fang Sin 14 Feb 2013 20,000 L/731 Lin Koo Hing @ Lim Koo Hing 14 Feb 2013 4,000. Further ordered to refund RM1,300 to the complainant within 3 months from date of order, failing which the respondent shall be liable to pay a further sum of RM2,000 being the increase penalty pursuant to section 103d(5)(as amended)

84 Praxis Apr-June 2013

MS ISO/IEC 17025:2005 TESTING SAMM NO. 444