In Support of Bar Council and Members of the Bar

JUL–SEP 2014 For Malaysian Bar circulation only

CHRONICLE OF THE MALAYSIAN BAR www.malaysianbar.org.my

PAGE 10 THE SECRETARIAT: IN SUPPORT OF BAR COUNCIL AND MEMBERS OF THE BAR

PAGE 15 THE OFFICE OF THE CEO

PAGE 22 TABLE TENNIS FOR TWO

In collaboration with

CONTENTS

EDITOR’S NOTE PRESIDENT'S MESSAGE PRESS RELEASES FROM THE BAR FEATURES/ARTICLES 10 The Secretariat: In Support of Bar Council and Members of the Bar 15 The Offi ce of the CEO 17 LawCare — Its Benefi ts and Functions EVENTS 18 International Malaysia Law Conference LIFESTYLE 22 Table Tennis for Two 15 CASE NOTES — HIGHLIGHTS FROM THE FEDERAL COURT STATE BAR NEWS NEWS CONTINUING PROFESSIONAL DEVELOPMENT BAR UPDATES/NOTICES 44 New Admissions to the Malaysian Bar 46 List of Departed Members 46 Notice Regarding Bar Circulars and E-Blasts 47 Summary of Circulars 22 47 General Information on Matters Discussed at Bar Council Meetings 48 Library Update 54 Notice Regarding Documents in Bar Council's Custody: Legal Firms in which Bar Council has Intervened 55 List of Struck Off Members Wherein Appeal/Reinstatement Allowed 55 Disciplinary Orders

JUL-SEP 2014 | PRAXIS 1 COVER STORY

BAR COUNCIL MALAYSIA

Bar Council 15 Leboh Pasar Besar 50050 Kuala Lumpur Tel No: (603) 2050 2050 Fax No: (603) 2026 1313 / (603) 2034 2825 / (603) 2072 5818 Email: [email protected] Website: http://www.malaysianbar.org.my

MEMBERS OF BAR COUNCIL MALAYSIA 2014/2015

President : Christopher Leong Vice-President : Steven Thiru Secretary : Richard Wee Thiam Seng Treasurer : Karen Cheah Yee Lynn

MEMBERS OF THE BAR COUNCIL PUBLICATIONS COMMITTEE 2014/2015

Raphael Tay (Chairperson), Aston Paiva, David Mathew, Gregory Vinesh Das, Janet Chai, KN Geetha, KS Shasha, Mariette Peters, Noor Arianti Osman, Alicia Tan

EDITORIAL BOARD

Bar Council Raphael Tay – Editor-in-Chief Baizura Abd Razak, Joane Sharmila – Editors Nishta Jiwa, Sangheetha Kuppusamy – Marketing & Advertising

LexisNexis Annette John – Associate Director, Publishing, Southeast Asia Preghaladhan Vizia Balakrishnan – Manager, Publishing Operations, Southeast Asia & Hong Kong Jasmine Halili – Senior Legal Editor Mohd Khairil Johari – Design & Production COVER STORY

This issue of Praxis delves into the deeper workings of the Bar Council LexisNexis Malaysia Sdn Bhd T1-6, Jaya 33, 3, Jalan Semangat Secretariat, and hopes that Members of the Bar get to know better Seksyen 13, 46100 Petaling Jaya Selangor Darul Ehsan, Malaysia how the Secretariat works. Tel: (603) 7882 3500, Fax: (603) 7882 3506

Praxis is the official publication of Bar Council Malaysia, published quarterly in collaboration with LexisNexis Malaysia Sdn Bhd, for circulation to Members of the Malaysian Bar. The Secretariat was fi rst established in 1966, but back then, it 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 consisted of just one person, Catherine Eu, who would eventually warrant the accuracy of the contents thereof or any statement made by the contributors, writers or advertisers herein, and does not accept responsibility or liability in relation thereto. Statements of contributors, writers or advertisers herein represent their personal views become the fi rst Executive Director of the Secretariat. Since then, and do not necessarily reflect the views of Bar Council or the Malaysian Bar. All users are permitted to view the content of Praxis, without prejudice to the intellectual property rights the Secretariat has grown from strength to strength, in conjunction belonging to Bar Council Malaysia. However, any unauthorised reproduction, duplication, transmission or alteration, in any form or by any means, whether in part or in whole, of Praxis, with the growth in the number of Members of the Bar. The Secretariat 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. article covers the four divisions of the Bar Council, and interviews with © 2014 All rights reserved the respective heads of the divisions reveal the inner workings of the Enquiries on advertising: Kajendran Arumugam — [email protected] Secretariat that Members may be unaware of. William Quek — [email protected] Nishta Jiwa — [email protected] Article contribution: Bar Council Malaysia welcomes letters, articles, views and news (including photographs) for That aside, the Offi ce of the CEO is also covered in this issue, and 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 divulges the thoughts, plans and vision that the CEO, Rajen Devaraj, and enquiries may be directed to [email protected].

Circulation: 16,500 has for the Secretariat. Printed in Malaysia by Atlas Cetak (M) Sdn Bhd (97608-X) Wisma Atlas, No.2, Persiaran Industri Bandar Sri Damansara, 52200 Kuala Lumpur,Malaysia Catch them all in this issue of Praxis. Tel: (603) 6273 3333, Fax: (603) 6073 3833

2 PRAXIS | JUL-SEP 2014 EDITOR’S NOTE From the Editor's Keyboard

national catastrophes of epic proportions, In trying times, one would expect namely the loss of two MAS airplanes in compassion. But the conduct of some — the space of less than four months. These who attributed the twin disasters befalling shocking calamities have delivered a MAS to the attire of the stewardesses and devastating blow on our morale. While the alcoholic beverages served on MAS planes circumstances of MH370 remain shrouded — only serves to outrage us. Some refused in mystery, the shooting down of MH17 was to mourn the victims. categorically a man-made disaster. Extremism in ideals is the bane of any The downing of MH17 is the epitome of society. It causes rational, docile, peace- civilian casualties that should not have loving individuals to lose values that make happened if people were of the belief that the them human. Empathy, sympathy and only solution to any confl ict is peace. compassion are eroded, subverted by the extremist confl agration. In short, extremism, Our Prime Minister was correct in proclaiming bigotry and violence diminish humanity. We that “we are all united in grief”. The “we” in must combat these and remind our fellow his sentence is an inelastic concept which Malaysians that what makes this country does not recognise nationality, religion or great is the moderation exhibited by her A Poignant Period in Our race. Every human being would have felt citizens. Malaysian Journey sorrow at the callous loss of lives. The most poignant part is that the deaths of those Ultimately, while we come together to mourn t has been a turbulent, if not a harrowing aboard MH17 were random. It could have these unfathomable tragedies, a silver lining Iperiod for us Malaysians. Never before, happened to me or you. can be glimpsed within the dark spectre since the atrocious May 13 racial riots have engulfi ng us. The act of apologising and we been dealt with blows that few have the Heroes are made when crisis befalls. In forgiving, in short, contrition and compassion courage to accept. In these times, thick with the MH17 saga, the strategic and selfl ess are virtues that are still present in the fabric emotions, we have been smitten by grief, endeavours of our civil service deserve of our nation. The outpouring of sympathy dumbfounded by the senselessness of a few applause. Only through tactful diplomacy and collective grief all over the mass and and plunged into the valley of sorrows. But in in a hostile region did we manage to secure social media in solidarity with the victims these trying times, we have a cause to quietly the remains of the victims and guarantee that of MH17 and MH370 and family members cheer, as the rays of hope are unsullied by the they will rest in peace. demonstrates that we still care for each other, dastardly circumstances that we are in. even when they are strangers to our lives. Unsung heroes are many in a civil service that The actions of Kinabatangan MP, Bung practises quiet diplomacy. The same could Mahatma Gandhi once said, “The simplest Mokhtar in tweeting his admiration for Adolf be said in the context of the legal profession. acts of kindness are by far more powerful Hitler can be encapsulated in one word The Malaysian Bar Secretariat has worked than a thousand heads bowing in prayer.” — bizarre. For anyone to be glorifying a tirelessly in ensuring the engines of the legal What use are acts and portrayal of génocidaire in any time and age is at best, profession are constantly oiled (please see religiousness if they are coupled by extreme revolting. While Mr Mokhtar is no stranger page 9 for the article entitled The Secretariat: and violent views, thoughts and actions? to controversy in the national political In Support of Bar Council and Members of They are nothing short of hypocrisy and our landscape, this episode catapulted him to the Bar). They strive to perform their duties conscience should never allow such things the international eye and was condemned in the hope that the product of their work is to materialise, at least not in multi-ethnic, worldwide. Mr Bung ended up apologising of service to humanity. For this, they deserve multi-cultural and multi-religious Malaysia, a for his action. due recognition. country that has always prided itself in being a moderate and tolerant nation. The nation was also stunned by the At the time of writing this, inebriated with sensational road bully incident by one Siti melancholy, the victims of MH17 are being On another note, I close with this: as a Fairrah Ashyikin Kamaruddin (also known given the respective proper burials and the Malaysian, I will fl y MAS. In diffi cult times as Kiki) who went on a rage against a senior nation is silent in mourning those who were such as these, I personally stand shoulder- citizen, Sim Siak Hong. Unfortunately for on board. to-shoulder with the national airline. It is not Kiki, her antic was recorded, uploaded on just a gesture of compassion and patriotism, YouTube and as the new adage goes, “the Yet, this nation of ours seems to be a but also to educate my daughter on our video went viral”. magnet for accidents. The laudable mega humanity, and not to abandon others in their infrastructural project, the Klang Valley MRT, time of need. That is what makes us human. Refreshingly, the uncle elected to forgive Kiki, suff ered a mishap when a 490-tonne span fell who also apologised for her behaviour. Such on top of three unlucky Bangladeshi workers. Raphael Tay actions are rare, especially in our political It is hurtful to see those who have come so Editor-in-Chief environment which is ruled by the ego. Kiki far, in search of better opportunities, receive went on to raise the eyebrows of many when an undeserving death in their line of duty. she chose to join Perkasa. Their families received compensation from the company but nothing can substitute the But these everyday-like foibles — gaff es life of a loved one, especially a responsible and road squabbles — are dwarfed by two and dutiful one.

JUL-SEP 2014 | PRAXIS 3 PRESIDENT’S MESSAGE

In Mourning Our Loss, Let Us Work to Preserve Life and Promote Peace, Unity and Harmony *

The Malaysian Government has declared injuries and confl icts in diverse parts of we dedicate ourselves determinedly and tomorrow, 22 August 2014, as a national the world. The killing of men, women, collectively to the cause of peace. Let day of mourning, to coincide with the children and even infants, taking place in us do all that we can to build bridges and return home of the remains of the fi rst the Palestinian confl ict, in Iraq, in Syria, to reach out to others in the promotion group of Malaysians who perished on in West Africa and in Ukraine, enter our of peace, unity and harmony, that we board fl ight MH17. lives and our living rooms through the may all recognise and appreciate that mainstream news and social media. We diversity and commonality are two sides The Malaysian Bar joins all to mark are numbed by these atrocities and the of the same coin. Let us channel our this sad and solemn occasion. The senseless loss of lives. eff orts and our funds to peace-making tragedy continues to tear at the heart of initiatives throughout the world. Let us all Malaysians, indeed all peace-loving Yet we cannot remain unmoved by the not be afraid to take bold and innovative people, throughout Malaysia and the pain and suff ering of all who are aff ected steps to seek the common good. world. by the confl icts. They jolt us out of our comfort zones and compel us to While we mourn and remember those The Malaysian Bar once again expresses action. Regardless of race or religion, who have died, let us also honour their and conveys its deepest sympathies and irrespective of ideology, the Malaysian memory by working to preserve life and condolences to all — Malaysians and Bar calls on each and every Malaysian, promoting peace, unity and harmony. non-Malaysians alike — who have lost each and every their dear ones, friends and colleagues peace-loving person, to do his or her Christopher Leong on fl ight MH17. We share deeply in utmost to promote peace, to reject President your immeasurable grief and loss, and confl ict, and to value life. Whether it be Malaysian Bar hope that our collective empathy and racial tension, religious strife, political * This message was fi rst issued as a press solidarity provide some small measure disagreement, communal confl icts, release on 26 July 2014. of comfort and strength. or outright violence or war, we can all contribute to rebuilding peace. In The tragedy of MH17 is a reminder that thought, word or deed, we can refl ect, we live in a global village, where confl icts contemplate, pray, write, speak or act to occurring thousands of miles away, in build peace wherever we are. another part of the world, can have an impact and eff ect on our lives. We no As the Malay proverb says: “Sedikit- longer live in isolated, geographically- sedikit, lama-lama menjadi bukit”. confi ned communities. As the English Let us all commit ourselves to taking poet John Donne wrote, “No man is incremental steps, no matter how an Island, entire of itself, every man is small, to recover peace and harmony a piece of the Continent, a part of the in our society, nation and world. Let main.” 22 August 2014 not just be a day of commemoration for those who have Likewise, our normal routines are been so tragically and abruptly taken daily assaulted by the news of deaths, from us, but a moment of mission, where

4 PRAXIS | JUL-SEP 2014 PRESS RELEASES FROM THE BAR

Defamation Suit by comment, whether or not such criticism The interest of the public here the Prime Minister is or comment is unfounded and untrue. outweighs the interest of appellant They should accept such adverse or any other individual. The comments, no matter how vitriolic, No Answer to Public protection of the public requires not obnoxious or untrue, as natural hazards Misgivings and of putting themselves forth into public merely discussion, but information. Criticisms political life, so long as it does not aff ect …Whatever is added to the fi eld of the person in his or her private sphere. libel is taken from the fi eld of free The Malaysian Bar views with concern the debate. suit fi led by the United Malays National The Prime Minister should not use civil Organisation (“UMNO”) and Prime defamation action against criticism, The Privy Council in Hector v AG Minister Dato’ Sri Mohd Najib Tun Abdul whether substantiated or otherwise. of Antigua and Barbuda expressed Razak against an online news portal and The Prime Minister should have taken sentiments, which we in Malaysia should its editors for alleged defamation. The the opportunity to engage in public heed, namely: defendants in the suit are Mkini Dotcom explanation, debate, education, counter- Sdn Bhd, Editor-in-Chief Steven Gan arguments and vindication by conduct In a free democratic society it and Chief Editor Fathi Aris Omar. The in answer to untruths and as the means is almost too obvious to need alleged defamation is with respect to of redressing any alleged injury to reputation. stating that those who hold offi ce the publication by the defendants of two in government and who are separate compilations of comments by members of the public. If the comments and issues complained responsible for public administration of are suffi ciently important for correction, must always be open to criticism. This is the fi rst time a Malaysian Prime the Prime Minister should reply in the Any attempt to stifl e or fetter such Minister has issued suit against members public arena, and let the measure of criticism amounts to political of the news media for purported public opinion be the judge of the truth. Public funds and resources should not to censorship of the most insidious defamation. The Prime Minister is and objectionable kind. in eff ect suing members of the news be used or expended on defamation suits media for the views and comments of with respect to matters and comments made in relation to his public offi ce. We urge the Prime Minister and the public to whom the Prime Minister is his political party to withdraw their accountable and answerable. This sets In this regard, the approach of the defamation suit against Mkini and its a bad precedent and sends the wrong editors. The Prime Minister should message. Supreme Court of the United States of America in the leading case of New instead take the opportunity to reply or York Times Co v Sullivan, where the rebut any adverse or incorrect comments Every public offi cial is accountable to made by members of the public. the people who have entrusted him defamation suit by an elected politician or her with a position of public offi ce was dismissed as being contrary to and responsibility. The duties of good public interest, set out with approval the governance and accountability should following: Christopher Leong demand the public offi cial be able to President endure the full brunt of free speech. Cases which impose liability for erroneous reports of the political Malaysian Bar Public offi cials — especially those conduct of offi cials refl ect the holding high public offi ce — and political obsolete doctrine that the governed 7 June 2014 parties should not resort to lawsuits for must not criticize their governors… defamation as an answer to criticism or

Remarks Reportedly Constitution) is parent or guardian, Article 12(4) of the Federal Constitution Made by Minister in instead of parents or guardians, mean provides: “For the purposes of Clause either the father or the mother or a (3), the religion of a person under the the Prime Minister’s guardian” are erroneous, unfortunate age of eighteen years shall be decided Department Regarding and regrettable. by his parent or guardian.” (emphasis Unilateral Religious added). The same gender reference to The Federal Court in the case of “his” appears in Article 12(3). Conversion of Children Shamala Sathiyaseelan v Dr Jeyaganesh are Erroneous, C Mogarajah & Anor did not make any It has to be borne in mind that Article such decision. 12(4) has to be read with Article 160 and Unfortunate and the Eleventh Schedule of the Federal Regrettable On the contrary, the Federal Court Constitution. Article 160 and the Eleventh had declined to address and make a Schedule govern the interpretation of The remarks by Minister in the Prime decision on the issue of whether the the Federal Constitution. Minister’s Department, Dato’ Seri Jamil unilateral conversion to Islam of the Khir Baharom, reported to have been children in question was lawful and Article 160, which refers to the Eleventh made by him in Parliament that, based constitutional. The case was dismissed Schedule, states that “words importing on the decision in the Federal Court in by the Federal Court purely on the basis the masculine gender include females”; the case of S Shamala, “the consent of that S Shamala had absconded from the and “words in the singular include the just one parent was suﬃ cient to convert jurisdiction with the children and was plural, and words in the plural include the religion of the child because the therefore in contempt of court. the singular”. words used in Article 12(4) (of the Federal

JUL-SEP 2014 | PRAXIS 5 PRESS RELEASES FROM THE BAR

If the words of Articles 12(3) and (4) The case of Subashini Rajasingam v The Malaysian Bar recalls the Cabinet were to be taken literally as they appear, Saravanan Thangathoray is also not directive announced in April 2009 then they would be read to only apply authority for the interpretation and through the former de facto Law to conversions of males under the age meaning of Article 12(4) of the Federal Minister, Dato’ Seri Mohamed Nazri of 18 years, and would not apply to Constitution and the word “parent” Abdul Aziz, that the children of an females. This meaning or discrimination found therein. That Federal Court estranged couple should remain in is clearly not the intention of such a decision concerned appeals with the religion of the parents at the point provision in the Federal Constitution. respect to the High Court’s refusal to of their marriage. In addition to being A sensible application of the specifi c grant an application by the wife for the correct constitutional position, this provision in Article 12(4), read with interim injunctive relief against the directive also serves to be just and fair. Article 160 and the Eleventh Schedule husband, and the grant of an Erinford of the Federal Constitution, would mean injunction pending the appeals to the The unilateral conversion of minor that the word “his” also means “her”, so Court of Appeal being disposed of, and children to any religion by a parent, that Article 12(4) is applicable to both subsequently pending the appeals to without the knowledge or consent of the male and female children. the Federal Court. non-converting parent, creates social injustice, violates the rights of the non- Similarly, this would apply to the word The Federal Court dismissed the appeals converting parent, and is contrary to our “parent”. We cannot selectively apply on an initial and technical point, that the constitutional scheme. the interpretative provisions of Article petition for dissolution of the marriage 160 and the Eleventh Schedule to and for ancillary or consequential relief The Malaysian Bar also recalls that the only part of Article 12(4). Therefore, a (such as for custody of the children) Government had sought to introduce consistent application of Article 160 and fi led by the wife was premature and appropriate amendments to the Law the Eleventh Schedule would require not in compliance with section 51(1) of Reform (Marriage and Divorce) Act that the word “parent” in the singular the Law Reform (Marriage and Divorce) 1976 to provide that both parents would also mean “parents” in the plural. Act 1976. That section states that a must consent to the change of religion person may petition for dissolution of a minor child. This is the correct In this regard, Article 12(4), read with of a marriage and seek ancillary or constitutional position, and should be Article 160 and the Eleventh Schedule, consequential orders only after the consistently refl ected in all relevant must be construed as requiring the expiry of three months from the date of legislation. religion of children, whether male or the other spouse’s conversion to Islam. female, under the age of eighteen years In the Subashini case, the three-month The Malaysian Bar urges the Government to be decided by both parents, in cases period had not yet expired when the wife to renew its initiative to introduce where both parents are alive. fi led her petition for dissolution. these amendments, and to ensure that the amendments and its underlying Accordingly, unilateral conversion of Therefore, the discussion by the Federal principle are refl ected consistently in all minor children to any religion by one Court thereafter on the meaning of the legislation. parent, without the knowledge or word “parent” in Article 12(4) of the consent of the non-converting parent Federal Constitution is obiter dicta, a would be unconstitutional, illegal and legal term that means “other statements Christopher Leong void. Any legislation inconsistent not required for the decision in President with this principle would thus be dismissing the appeal”, and is therefore Malaysian Bar unconstitutional, unless there is a prior not a binding statement of the law. amendment to Article 12(4). 19 June 2014

MAIS and JAIS Should The Malaysian Bar views with much uses any words listed in Part I of the Adhere to the Attorney concern reports of the refusal by Majlis Schedule “to express or describe any Agama Islam Selangor (“MAIS”) and fact, belief, idea, concept, activity, General’s Decision and JAIS to abide by the fi ndings of the method or thing of or pertaining to any Abide by the Federal Attorney General and to comply with non-Islamic religion”. The word “Allah” Constitution his request that JAIS take consequential is listed in Part I of the said Schedule. and appropriate action in accordance with the law. The Attorney General has stated The Malaysian Bar supports the Attorney that after due investigation, he has General’s decision not to prosecute the The Alkitab and Bup Kudus were determined that the Alkitab and Bup Bible Society of Malaysia (“BSM”) over confi scated by JAIS pursuant to section Kudus are not publications in breach the more than 300 copies of the Alkitab 9(1)(a) of the Non-Islamic Religions of section 9(1)(a) of the said Selangor (Bahasa Malaysia bible) and Bup Kudus (Control of Propagation Among Enactment, and has also taken into (Iban bible) that contained the word Muslims) Enactment No 1 of 1988 of account the explanation by the Ministry “Allah” and that were seized by Jabatan Selangor (“said Selangor Enactment”), of Home Aff airs that the Alkitab and Bup Agama Islam Selangor (“JAIS”) on 2 which provides that a person commits Kudus do not involve issues of national January 2014. an off ence if he in any published writing security. In such instance, MAIS and

6 PRAXIS | JUL-SEP 2014 PRESS RELEASES FROM THE BAR

JAIS should abide by the determination Enactment and within the limits insensitive. The State Legal Advisor and decision of the Attorney General. prescribed in Article 11(4) of the Federal does not have locus (legal standing) Constitution. In order for section 9(1)(a) to make any application under section In the fi rst place, it is alarming that the of the said Selangor Enactment to be 407A, as the Public Prosecutor is the religious body or enforcement agency valid, it must be construed and applied proper party to make such application. of one religion would purport to have where the use of the prohibited words in jurisdiction or purview over other a publication is shown or proved to be Furthermore, section 407 of the Criminal religions, non-Muslims and property for the purpose of propagation of a non- Procedure Code only applies if there is belonging to non-Muslims. This is not Islamic religion to Muslims. a pending trial, and section 407A when what is envisaged under the Federal a criminal charge has been framed (as Constitution. The actions of JAIS Any resort to section 9(1)(a) to prohibit the section requires a certifi cation by are purported to have been carried the use simpliciter of the listed words a Magistrate or Judge having the trial out pursuant to the said Selangor without establishing propagation to jurisdiction over the matter). There is Enactment, in particular section 9(1)(a) Muslims would render such action to therefore no basis or foundation for any thereof. be ultra vires the purpose of the said application under section 407 or section Selangor Enactment and the Federal 407A. Secondly, the said Selangor Enactment Constitution. is stated in its preamble to have been The Malaysian Bar calls upon MAIS and enacted pursuant to Article 11(4) of the In the circumstances, the insistence by JAIS to adhere to the decision of the Federal Constitution, which provides MAIS that there are grounds to prosecute Attorney General, conduct themselves that State law may control or restrict the BSM, and that the Attorney General within the purpose and ambit of the propagation of any religious doctrine or has erred, is wholly misconceived and said Selangor Enactment, abide by the belief among persons professing the without legal basis. MAIS and JAIS Federal Constitution, and immediately religion of Islam. The purpose of the have no grounds to refuse to release release the more than 300 copies of the said Selangor Enactment is therefore and return the more than 300 copies of Alkitab and Bup Kudus to BSM. an enactment against the propagation the Alkitab and Bup Kudus to BSM. of other religions to Muslims or the proselytisation of Muslims. Further, the reported urging by MAIS that Christopher Leong the State Legal Advisor should apply for President The provisions of section 9(1)(a) are a court order pursuant to section 407A general in nature and ambit, and thus of the Criminal Procedure Code for Malaysian Bar not confi ned to the purpose stated the disposal of the seized Alkitab and in the preamble of the said Selangor Bup Kudus is not only incorrect, but 20 June 2014

Foreign Law Firms and Three Categories of Licences as foreign lawyers. Registrations may be Foreign Lawyers Now granted subject to terms and conditions, Under the newly-created Part IVA of the and will have to be renewed annually. Permitted to Practise in LPA, licences may be issued to foreign Peninsular Malaysia law fi rms to operate either an international “Fly-In Fly-Out” and Arbitration partnership with a Malaysian law fi rm, The opening up of Malaysia to foreign or a qualifi ed foreign law fi rm (“QFLF”). One of the further amendments made law fi rms and foreign lawyers is a natural Alternatively, a Malaysian law fi rm may was to section 37(2B) of the LPA on “fl y- progression as world and regional choose to employ a foreign lawyer. in fl y-out”, which will now allow a foreign economies become more integrated in lawyer advising on non-Malaysian law trade in goods and services. An international partnership is a to be able to come to Malaysia and partnership between a foreign law fi rm work on a project for up to 60 days in The Malaysian Bar is thus pleased to and a Malaysian law fi rm while a QFLF a calendar year, subject to immigration announce that the amendments to is a stand-alone foreign fi rm which approval. Another amendment was to the Legal Profession Act 1976 (“LPA”) does not require a Malaysian law fi rm insert a new section 37A to the LPA, and the Legal Profession (Licensing of as a partner. Licences for international which will allow foreign lawyers to enter International Partnerships and Qualifi ed partnerships and QFLFs will be for a Malaysia for arbitral proceedings. Foreign Law Firms and Registration of period of three years and are renewable. Foreign Lawyers) Rules 2014 came into Licences may be granted subject to Permitted Practice Areas force on 3 June 2014. With the coming terms and conditions. If approved, a into force of these amendments, foreign Malaysian law fi rm will be granted a International partnerships, QFLFs and law fi rms and foreign lawyers will now three-year licence to employ a foreign individual foreign lawyers employed be permitted to practise in Peninsular lawyer. by Malaysian law fi rms will only be Malaysia in the manner set out in the allowed to practise in the permitted legislation and the Rules. All individual foreign lawyers working practice areas. This is defi ned as “work in international partnerships, QFLFs or regulated by Malaysian law and at least Malaysian law fi rms will have to register one other national law, or regulated

JUL-SEP 2014 | PRAXIS 7 PRESS RELEASES FROM THE BAR

solely by any law other than Malaysian Malaysian law fi rms will be regulated compete with foreign law fi rms on a level law”. In the case of a QFLF, such aspect by the Bar Council. The amendments playing fi eld. This consideration means of work regulated by Malaysian law shall to the LPA provide for the establishment that the process of liberalisation will be undertaken in conjunction with one of a Selection Committee that will continue to be gradual and progressive. or more advocates and solicitors of the be responsible for considering High Court of Malaya holding a valid and all applications, and for making Conclusion subsisting Practising Certifi cate. recommendations for approval/non- approval to the Bar Council. The recent amendments to the LPA Practice in the permitted practice areas The Selection Committee will be co- together with the Legal Profession will specifi cally exclude: constitutional chaired by the Attorney General and (Licensing of International Partnerships and administrative law; conveyancing; the President of the Malaysian Bar, and and Qualifi ed Foreign Law Firms and criminal law; family law; succession law, will have fi ve members in all. The Bar Registration of Foreign Lawyers) Rules including wills, intestate succession, Council will serve as the Secretariat 2014, the guidance notes and the probate and administration; trust for the Selection Committee. All application forms are available under law, where the settlor is an individual, applications should be directed to the the Resources>Foreign Lawyers tab on and the law relating to charities and Bar Council, using the forms prescribed the Malaysian Bar website. trust foundations, whether the settlor by the new legislation and the rules is an individual or a corporation; made thereunder. The liberalisation of our legal market retail banking, including corporate or should be seen as a challenge that commercial loans to small and medium All international partnerships, QFLFs and brings opportunities. The challenge is enterprises; registration of intellectual foreign lawyers employed by Malaysian for Malaysian lawyers to build capacity property; appearing or pleading in any law fi rms will have to comply with the and abilities to be more competitive, to court of justice in Malaysia, representing same rules and regulations governing broaden our horizons, spread our wings a client in any proceedings instituted in advocates and solicitors in Peninsular and forge new paths. such a court or giving advice, whether Malaysia. or not the main purpose of which is to advise the client on the conduct of such Liberalisation to be Gradual and Christopher Leong proceedings (with certain exceptions); Progressive President and appearing in any hearing before a quasi-judicial or regulatory body, A major consideration undergirding the Malaysian Bar authority or tribunal in Malaysia (with new legislation is a desire to ensure that certain exceptions). the liberalisation of the Malaysian legal 30 June 2014 services market and the entry of foreign Regulator lawyers is balanced with the need for the development of Malaysian law fi rms, International partnerships, QFLFs and to enable these fi rms to achieve a and foreign lawyers employed by level of expertise that will allow them to

Press Statements (May 2014 – July 2014)* Title Date

(1) Defamation Suit by the Prime Minister is No Answer to Public Misgivings and Criticisms 7 June 2014

(2) Johore Housing and Real Property Board Bill 2014 Violates the Federal and Johor Constitutions 8 June 2014

Remarks Reportedly Made by Minister in the Prime Minister’s Department Regarding Unilateral (3) 19 June 2014 Religious Conversion of Children are Erroneous, Unfortunate and Regrettable

(4) MAIS and JAIS Should Adhere to the Attorney General’s Decision and Abide by the Federal Constitution 20 June 2014

(5) Foreign Law Firms and Foreign Lawyers Now Permitted to Practise in Peninsular Malaysia 30 June 2014

(6) The Malaysian Bar Shares in the Grief of All Aﬀ ected by the Downing of Flight MH17 26 July 2014 *Only highlighted press statements are produced in full.

For more press releases, please visit http://www.malaysianbar.org.my/press_statements/

8 PRAXIS | JUL-SEP 2014

FEATURES/ARTICLES The Secretariat: In Support of Bar Council and Members of the Bar

(From left, standing) A Ezane Mansor b Obaid, Executive Oﬃ cer, IT Department; Saliha bt Hassan; Gayathri Chidambara Iyer; Lily Aw Kim Lee; Thanuja Rani Ram. (From left, seated) Kenneth Ang Joo How; Rajen Devaraj, CEO of Bar Council; Chin Oy Sim, Deputy CEO of Bar Council; and Cheryl Foo Chooi Quan, Executive Oﬃ cer, Human Resource Department.

The Bar Council Secretariat is the to-day running of the Secretariat, the The Admissions Department’s key administrative centre of Bar Council. Chief Executive Offi cer (“CEO”) seeks responsibility is dealing with issues It has come a long way since its the guidance and advice of the Offi ce concerning pupillage, including establishment in 1966. Back then, Bearers of the Bar as needed. conducting the Ethics and Professional the “Secretariat” consisted of just one Standards Course. Over the past few person, Catherine Eu, and she was The Secretariat is composed of four years, this department has also been based at the law fi rm of then-Secretary divisions, namely: tasked with organising the Training of Bar Council, K A Menon. She was Programme for law graduates from tasked with administrative matters, 1. Compliance and Membership Universiti Utara Malaysia and Multimedia including documentation work and Interests; University in order for the graduates to recording Bar activities.1 At that time, 2. Finance and Administration; obtain their Certifi cate of Completion, there were only 380 Members of the 3. Practitioners Aff airs; and and be eligible for exemption from sitting Bar in Malaysia and Singapore, and 4. Communications. for the Certifi cate of Legal Practice less than 20 judges. Subsequently, (“CLP”). the Secretariat expanded gradually but Compliance and Membership surely: by 2006, there were around 80 Interests The main functions of the Membership staff members (including 20 Executive Department are: Offi cers); today, the Secretariat has a This division is made up of four total staff force of 101. departments including the Admissions, a) processing applications for Sijil Membership and LawCare Departments Annual; The Bar Council Secretariat does not headed by Assistant Director Gayathri b) lodging complaints with the function independently; rather it works Chidambara Iyer, and the Complaints Advocates and Solicitors to implement decisions and policies and Intervention Department (“CID”) Disciplinary Board (“ASDB”) against agreed upon and determined by the under Assistant Director Thanuja Rani Members who continue to practise Bar Council. In respect of the day- Ram with a staff of close to 40 persons. despite not possessing an Sijil

10 PRAXIS | JUL-SEP 2014 FEATURES/ARTICLES

Annual and Practising Certifi cate; funds, as well as other breaches as set The department is also instrumental in c) issuing letters of “no objection” to out in the Rules and Rulings of the Bar taking cognisance of suits fi led by or Members who set up fi rms; Council. against the Malaysian Bar. Quarterly d) monitoring and updating information reports are furnished to the Bar Council in respect of the employment of The Bar Council as part of the reporting process. The Members, and changes in the CID also maintains and updates records composition of law fi rms; and Secretariat does of Orders issued by the ASDB. e) responding to enquiries from corporate and government bodies, not function Another noteworthy portfolio of the CID and the public, regarding the status is the jurisdiction to seek the mandate of Members and law fi rms. independently; to invoke intervention proceedings rather it works pursuant to section 88(1) of the LPA in “In providing such services to the 15,913 which event, the Department will, upon active Members of the Bar (as at 7 Aug to implement procuring a resolution duly endorsed 2014), we pride ourselves in having by Bar Council, appoint an Intervener meticulously improved procedures decisions and Solicitor to wind up a practice, should and processing time for Sijil Annual there be compelling evidence of applications by conducting workshops, policies agreed misappropriation of clients’ funds. delivering SMS alert notifi cations on upon and application deadlines, streamlining Intervention proceedings are also the Sijil Annual/Practising Certifi cate determined by the initiated pursuant to section 88(2) of (“SA/PC”) application process in 2010, the LPA upon an order of striking off or reworking standard letters in 2011, and Bar Council. suspension being issued by the ASDB, introducing the tracking of fi rms’ SA/PC in which case, the Bar Council will system since 2011,” noted Gayathri. Another signifi cant role played by CID, also endorse a resolution to appoint incidental to this portfolio, is to identify Intervener Solicitors to wind up the The eff orts taken by the department has Members who are willing to act for solicitor’s practice. resulted in a signifi cant reduction in the the Bar Council as Panel Solicitors, to average processing time of Sijil Annual take conduct of a complaint/case, and In cases of bankruptcy, there are applications, as shown in the following to present the complaint before the provisional requirements to wind up table: ASDB as well as, in some instances, to a bankrupt solicitor’s practice once a a Disciplinary Committee. Offi cers of resolution to intervene is passed by the the Department may also be required to Bar Council. The CID’s role is here is Processing Time for Sijil Annual attend disciplinary hearings from time to pursue steps to close the solicitor’s Applications to time as witnesses, and/or to assist practice pursuant to section 90 of the 2011 20.8 days counsel to procure relevant research LPA. materials, as and when the need arises. 2012 12.4 days Additionally, the CID is responsible for 2013 9.7 days “The CID receives and handles between the advertisement of adverse Orders 800 and 900 complaints and enquiries in the vernacular dailies, in particular, 2014 9.7 days pertaining to the professional conduct Struck-off and Suspension Orders, of lawyers every year. Out of these which is done on a quarterly basis. Established in 2003, the LawCare complaints received, some are referred These advertisements are posted in Department implements decisions made to the Bar Council by ASDB pursuant newspapers to notify the public about by the LawCare Committee to process to Rule 8 of the Legal Profession errant law fi rms or lawyers, so that the claims and provide fi nancial assistance (Disciplinary Proceedings) (Investigating public are aware and would not fall prey to Members of the Bar and their families Tribunal and Disciplinary Committee) to unauthorised persons. in cases of illness or death. Rules 1994, for Bar Council’s consideration about whether or not Thanuja went on to add that the CID The Complaints and Intervention to intervene and take over conduct has recently taken steps to notify all Department (“CID”) which was set up of the complaints on its own motion,” State Bars in respect of Members who in 2002, was initially led by Cindy Chan. explained Thanuja. have been suspended or struck off the When she left in 2009, Thanuja Rani Ram Roll, on a monthly basis. “The reason was tasked to helm the department. Furthermore, the CID monitors appeals for this exercise is to curb incidences She is supported by Saliha bt Hassan. served on Bar Council in respect of of unauthorised practice, and to enable adverse Orders imposed on Members of swift action to be taken against aberrant The CID is primarily tasked to lodge the Bar by the ASDB. The Bar Council lawyers,” she remarked. complaints to the ASDB with regard takes active measures to intervene in to various cases of misconduct as all appeal proceedings as a matter of Since its establishment in the Secretariat, stipulated in the Legal Profession policy and defend the decision of the the CID has seen progressive growth Act 1976 (“LPA”). These cases of ASDB to ensure that the standards of and presently boasts a staff strength of misconduct refer especially to breaches the profession are maintained at all 12 including Executive Offi cers, Offi cers involving the misappropriation of clients’ times. and Administrative Assistants, who

JUL-SEP 2014 | PRAXIS 11 FEATURES/ARTICLES

take on multifarious portfolios including gradually grew, there was a need to put as PEMANDU, MATRADE, and MITI. matters pertaining to watching brief in place more streamlined policies for Part of Kenneth Ang’s responsibilities matters and the Compensation Fund. Secretariat staff . includes attending meetings with such government agencies. “I help Thanuja encourages Members of the In 2007, in line with the revamp of the to undertake specifi c projects in Bar Bar and the public to access relevant Personal Indemnity Insurance (“PII”) Council, for example in relation to the information pertaining to Disciplinary Insurance Scheme, the PII and Risk Personal Data Protection Act 2010 Orders in the Malaysian Bar website, Management Department was set up (“PDPA”). I also assisted in setting up which is updated periodically. to assist the PII Committee with its and working out the logistics of the activities and functioned as a platform International Services Unit, which was Finance and Administration for Members to get information on set up in tandem with the liberalisation PII and risk management. The PII of legal services,” he said. This division is composed of the Committee, on the other hand, functions Finance, Human Resource, Professional to study and review the effi ciency of Practitioners Affairs Indemnity Insurance (“PII”) and Risk the current mandatory PII Scheme and Management, and Special Projects negotiate new and better terms to make The Practitioners Aff airs Division (“PAD”) Departments. the Scheme more equitable across the provides administrative support to the board. 42 Bar Council committees, including Initially made up of just a single subcommittees, task force, and ad accounts clerk in 1981, the Finance The responsibilities of the PII and Risk hoc committees. The committees Department is currently an eight-person Management Department include encompass both a wide variety of team headed by its Director, Lily Aw Kim supporting all initiatives of the PII practice areas and public interest issues. Lee, who has been with the Secretariat Committee, implementing the PII since 1983. From its humble beginnings Committees’ policies and programmes, The PAD, which was formed in 2007, of manual fi ling of hardcopy records, developing risk management tools, is made up of 12 staff , and is currently labour-intensive handwritten addressing entertaining queries and providing headed by Assistant Director, Sumitha of envelopes for the mailing of circulars, support to Members of the Bar. Shaanthinni Kishna. “Managing the to the performance of simple functions committees is no easy feat,” explained of the Human Resource Department, The PII and Risk Management Sumitha. “Offi cers under this division this department continues to manage Department is headed by Mysahra are required to thrive in a challenging the funds or costs associated with the Shawkat and supported by Offi cer, environment — they are expected Malaysian Bar. This includes budgeting, Kumaresan Krishnan. to perform a broad spectrum of maintaining accounts, collecting Bar functions from matters that are purely Council subscriptions, and overseeing Kenneth Ang Joo How, Director, hails administrative, to organising events, building maintenance and upkeep. from the Special Projects Department. and doing research relevant to current His portfolio is primarily concerned issues,” disclosed Sumitha. “Among the many accomplishments of with increasing Secretariat capacity in this department, I would like to mention a variety of ways, including engaging Sumitha further explained that the the e-statement feature launched more with Government agencies such scope of work of the division also in September 2011. This feature allows Members access to their own subscription payment records online, and print receipts of such payments made to the Bar Council,” explained Lily Aw with much contentment.

Lily Aw also pointed out that an online registration payment gateway for seminars and events organised by Bar Council was recently introduced on the Malaysian Bar website in March 2014, and on 1 Aug 2014, the old accounting system called BizTrak was fully phased out and replaced with the web-based Enterprise Resource Planning (“ERP”) system, which is more suited to handle the Secretariat’s ﬁ nance transactions.

The Human Resource Department was established as a result of the steady increase in the number of Secretariat staff , and the responsibilities associated Sumitha Shaanthinni Kishna, head of the Practitioners Aff airs Department, explains about with the increase. As the number of staff the functions of her department.

12 PRAXIS | JUL-SEP 2014 FEATURES/ARTICLES includes providing liaison between second phase of developing an online Bar Council committees, the various No department membership as well as SA processing Government ministries, the Attorney or division is less system, dubbed “the CRM Project”, to General’s Chambers, the Judiciary, replace the current Manta system. Lau intergovernmental organisations, non- than the other, and Chern Loong, (now former) Assistant governmental organisations, and foreign Director (Special IT Projects), explained Bars, among others. That aside, the it is this respect that Phase One of the CRM Project, PAD also helps run campaigns and other which began in stages since 2011, has activities on behalf of the committees and symbiosis that seen the partial migration of the previous and Bar Council, and coordinates the enables the Bar system’s data dating back to 2003 into monitoring team for public rallies. this new platform, to which the second Council Secretariat phase will see the completion of this The PAD works closely with the task. Meanwhile, Phase Three, which Communications Department for the to continue to is expected to be completed by 2017, issuance of circulars, the Finance will seek to accomplish a fully online SA/ Department for budgeting, and the evolve and grow. PC application process, much to the Library for research purposes. record these videos. Not all videos will advantage of Members of the Bar. entitle users to earn CPD points, and Also in the Practitioner’s Aff airs where possible, selected videos will be Accordingly, the IT Department Division is the Continuing Professional made available for free. works together with the Membership, Development (“CPD”) Department, Admissions and CID Departments which was set up in October 2012 to Another key area of development to ensure a smooth transaction with specifi cally cater to the development within the CPD department has been regard to this operation. As a whole, of platforms for legal and professional the setting up of the accreditation the IT Department is constantly eager development amongst Members and structures for all events. For the to expand and upgrade the systems pupils in chambers. fi rst cycle, a total of 943 events were within Bar Council to ensure continuous accredited, out of which 628 (66.59%) technological effi ciency. Since its establishment, the CPD events were organised by Bar Council, Department has worked on a variety the State Bars and under the Yayasan The Bar Council Library has been in of matters in this regard, including Bantuan Guaman Kebangsaan operation since 1979. Headed by creating more face-to-face professional (“YBGK”) scheme. To date, a total of Librarian, Dr Pathmavathy Satyamoorthy development platforms at Bar Council, 27,600 participants have attended 928 since August 2000, and consisting of fi ve and working more closely with the out of 943 events, where attendance other staff members, the Bar Council State Bars. “With the implementation has been recorded in the Microsoft Library is accessible to Members of of a variety of structures, it has been Dynamics Customer Relationship the Bar (who possess valid Practising possible to increase the number of Management (“CRM”) system. Certifi cates) and pupils in chambers, free training events conducted throughout of charge; while non-practising lawyers Peninsular Malaysia, and these include Besides Santhi, the CPD team comprises (ie those who have not received or did events conducted by Bar Council, the Vilashini Vijayan and Yap Yoong Jian, its not renew their Practising Certifi cates), State Bars and private course providers,” Offi cers, and Fazli Mohamed and Roslan will be charged a fee. The Bar Council clarifi ed Santhi Latha, Director of the Mahamud, its Administrative Assistants. Library is not accessible to the public. CPD Department. Santhi encourages readers to visit www.malaysianbar.org/cpd for more The Library is well-equipped with The CPD Department has also spent information about the CPD Scheme. an array of primary and secondary the last 14 months developing an resources including fully indexed online professional development Communications state and federal legislation for faster platform that will allow Members and searches, and boasts all current local pupils the opportunity to gain access The Communications Division, which textbooks relevant to legal practitioners. to training without leaving their homes was offi cially formed in 2009, is headed According to Dr Pathmavathy, the or offi ces, and to be able to access by Chin Oy Sim, who is also the Deputy Library also holds selective foreign titles, training opportunities unconstrained by CEO of the Bar Council. It includes including titles suggested by Members. time. This platform was offi cially made the Information Technology (“IT”) Other materials include, but are not available to Members and pupils, with Department, Library, as well as the limited to annotated statutes, precedents CPD points being tracked, on 11 Aug Publications, and Public Relations and and forms, court forms and circulars, all 2014. With the online training platform, Marketing Departments. local law reports as well as law digests it will be possible to gain access to that form part of a comprehensive training videos on the diff erent practice In addition to the tasks of streamlining research centre. Dr Pathmavathy also areas as well as miscellaneous non-legal complaints and requests, processing the provides formal training in legal research training videos easily and at the user’s online legal directory to keep it updated seminars, emphasising the proper use convenience. The CPD Department will each day by midnight, and handling all of research tools and useful websites to introduce two new videos every month other technologically-related tasks in facilitate better research. and currently works with Members the Secretariat, the four-member staff of the Bar who volunteer their time to of the IT Department is currently in the

JUL-SEP 2014 | PRAXIS 13 FEATURES/ARTICLES

The Publications Department works General Meeting (“AGM”), and Annual If you wish to learn more about Bar Council closely with the IT department in Dinner & Dance (“ADD”). and the Secretariat, please visit the following the dissemination of circulars by webpages on the Malaysian Bar website: email publicising events, court In conclusion, the Secretariat works • http://www.malaysianbar.org.my/ announcements and a range of other as a well-oiled machine that supports secretariat.html Bar-related matters, as well as the the work of the Bar Council. Its daily • http://www.malaysianbar.org.my/BC_ weekly e-BCinTouch Newsletter. This workings and activities revolve heavily Personnel_Profi les.html department also handles the publication around the close working relationship • http://www.malaysianbar.org.my/ of Praxis, a quarterly magazine with the Offi ce Bearers and members committees/ produced by Bar Council for Members of Bar Council. No department or • http://www.malaysianbar.org.my/bar_ of the Bar. Publications produced by division is less than the other, and it is council_library.html the department follow a specifi c house this respect and symbiosis that enables • http://www.malaysianbar.org.my/past_ presidents.html style that was developed by its former the Bar Council Secretariat to continue Senior Editor, Chua Ai Lin, between to evolve and grow. 2010 and 2011. Chin Oy Sim also heads this department, and she is supported Rajen Devaraj/Joane Sharmila by two editors/writers, Joane Sharmila /Chin Oy Sim and Baizura bt Abd Razak. Bar Council

The Public Relations and Marketing Jasmine Halili/ Department, consisting of Nishta Jiwa Amalina Agusalim and Sangheetha Kuppusamy, constantly LexisNexis Malaysia work closely with the Publications Department, especially in eblasting Note advertisements via email, or the 1 Catherine Eu eventually became placement of advertisements in printed Executive Secretary, and thereafter, the materials, such as the Annual Report, ﬁ rst Executive Director of the Secretariat. commemorative booklets, and Praxis. She retired in 2006, after serving the These two oﬃ cers are instrumental in Malaysian Bar for 40 years. procuring sponsorship for Bar Council events, such as the biennial International Malaysia Law Conference, the Annual

IMLC 2014 Organising Committee Chairperson: Brendan Navin Siva

The International Malaysia Law Conference (“IMLC”) 2014 Organising Committee is an ad hoc committee responsible for organising the Bar Council’s biennial ﬂ agship event. It comprises the Chairperson, who is a Member of the Bar, and is supported by a working team consisting of Secretariat staﬀ .

The development of the conference programme revolves heavily around the theme decided. This year’s theme is “Reshaping the Legal Profession, Reforming the Law”.

Among the tasks of the IMLC 2014 Organising Committee are identifying and securing speakers and moderators, procuring sponsorships, and generating publicity for this conference. Conference publicity includes issuing circulars from time to time to update Members of the Bar about the topics covered, as well as the speakers involved.

The team members also assist the Chairperson in liaising with the secured speakers and moderators; registering the delegates; managing the travel and accommodation arrangement of speakers; organising and managing the exhibition that runs concurrently with the conference; deciding on the merchandise for delegates and speakers; producing the commemorative booklet, conference newsletter and invitation cards; managing food and beverage and seating arrangements for delegates; as well as obtaining the services of photographers and videographers.

14 PRAXIS | JUL-SEP 2014 FEATURES/ARTICLES The Ofﬁ ce of the CEO

The Bar Council Secretariat is an manner. The Secretariat acts in support also that the key needs of the Members important cog in the machine that is of the Bar Council Offi ce Bearers, namely of the Bar as well as the public, are met the Bar Council. Not only does the for the 2014/2015 term, the President of satisfactorily. “We constantly look to Secretariat provide administrative the Malaysian Bar, Christopher Leong; implement change where improvement support to the work of Bar Council Vice-President, Steven Thiru; Secretary, is needed, because we understand that (such as helping coordinate events and Richard Wee Thiam Seng; and Treasurer, Members expect great effi ciency of this taking charge of the logistical needs of Karen Cheah Yee Lynn. administrative body,” explained Rajen. the organisation), it is also a repository of data and knowledge (such as storing Rajen has been with the Secretariat When asked about any particular member and fi rm information and since 2006. His stint at Bar Council achievement of which he is proud, Rajen maintaining historical records). began with his interest in human rights had no hesitation in zeroing in on the work done by the Malaysian Bar. “I shorter time now taken to process and Such are the tasks of the Secretariat was initially employed in the Bar issue a Member’s Sijil Annual. that it needs to have someone at the Council Secretariat as the Executive helm. The current Chief Executive Offi cer assigned to the Human Rights One of the most important roles of the Offi cer (“CEO”) of the Bar Council is Committee,” Rajen revealed of his early Bar Council is issuing the Sijil Annual, Rajen Devaraj. He was quick to point years with the Secretariat. In 2007, he and Members expect the timely out that he does not function in isolation became the Director of the Practitioners issuance of their Sijil Annual, with as but heads a 10-person Secretariat Aff airs Division. He subsequently little delay as possible. In order to tackle Management Team that oversees the assumed the position of CEO in 2009, this annual challenge, the Management overall functioning of the Bar Council thus joining the ranks of previous Team decided on a major reallocation Secretariat. Six of the members have Executive Directors and CEOs of the of resources. The tasks involved in the been on the team since its inception in Secretariat, including Danieul Mudali; issuance of Sijil Annual were no longer September 2009. the longest-serving Executive Director, left to just the Membership Department, Catherine Eu; Shaharudin Ali; and but almost the entire Secretariat was Indubitably, the role of the CEO Corrine Wong. roped in to assist, to speed up the encompasses conventional managerial process during the peak period. This obligations, including dealing with Rajen and the Management Team was not a new idea in itself; the novelty matters pertaining to staff and discipline, continuously strive to ensure that the was the management’s insistence that and ensuring that the Secretariat Secretariat stays on the proper path of everyone tasked to help was monitored functions in an effi cient and eff ective its entrusted tasks and procedures, and to ensure that the work was completed

JUL-SEP 2014 | PRAXIS 15 FEATURES/ARTICLES

on time. The average processing time The tasks involved competent in providing the best services of 20.8 days in 2011 dropped to 12.4 to Members of the Bar and the public. days in 2012, and averages at 9.7 days in the issuance of at present. This demonstrates that Rajen expressed his thanks and procedures and systems that have been Sijil Annual were appreciation to all the Secretariat staff put in place have fi nally solved a problem for their hard work and cooperation, that had plagued the Secretariat until no longer left to just and to the Management Team for their 2010. the Membership backing and enthusiasm. According to him, “I am also thankful to the Offi ce Another improvement that has taken Department ... The Bearers for their trust and support, and place is the introduction of a new for their willingness to listen to and membership database system known average processing engage with the Secretariat.” as Microsoft Dynamics Customer Relationship Management (“CRM”) to time of 20.8 days in The CEO’s Offi ce and the Secretariat replace the outdated Manta system, a 2011 dropped to 12.4 are inseparable. Rajen hopes that the decision made in 2012 during the tenure changes that have been implemented of the previous Bar President, Lim Chee days in 2012, and these past few years have made the Wee. With the support of the Offi ce Secretariat a more eff ective and effi cient Bearers and the Bar Council, the new averages 9.7 days at organisation, and that the Members can CRM has been procured and important feel this diff erence. technological enhancements are being present. carried out to customise the system. Comments and suggestions can be This is a necessary exercise, as the where Members can go online and emailed to [email protected] bulk of work by the Secretariat involves update some of their own records,” he recordkeeping and data entry — tasks clarifi ed about the importance of the which would otherwise require scores of installation of CRM. Jasmine Halili/ hours and additional human resources Amalina Agusalim to maintain. Finally, the vision over the next few Legal Editors years is to introduce online applications LexisNexis Malaysia Installing the CRM as the new fi rm for Sijil Annual in collaboration with the and membership database creates Courts. “We aim to provide Members a host of new possibilities. CRM with the option of applying for their Sijil Educational and Working will enable the Secretariat to keep Annual online. This would kill two birds Background with one stone — it would further speed better track of information about Rajen holds a degree in Engineering Members, law fi rms, and pupils in up the turnaround time for Sijil Annual (Civil) from University of Malaya, and in chambers, including data pertaining processing as well as save Members addition, holds a diploma in Industrial to complaints and intervention, and the painstaking and tedious yearly task participation in Continuing Professional of fi lling out hardcopy forms; easing Relations. Prior to joining Bar Council, Development programmes. “We intend the repetitious yearly process, and he was teaching mathematics in a to share information with all State Bar eventually reducing archaic hardcopy private institution. Committees,” Rajen disclosed. “We practices altogether,” Rajen mused. also want to have a membership portal Little-Known Facts “One more thing that we are working “I miss the classroom. There is nothing towards is a more empowered quite like being in charge of a class of Secretariat,” says Rajen. He further 30 to 35 teenagers who are bright, full explained, “The Secretariat needs to be of life and naughty, all at the same time. well run in order for the Offi ce Bearers Oh, and for some strange reason, I have and Bar Council Members not to have to bother themselves with matters a great liking for cats — I never used to that are administrative and logistical in when I was young.” nature. This is to ensure that they have more time to deal with policy matters Words of Wisdom and to chart the overall direction and “People need to be happy in what they thrust of Bar Council, to deal with more do — life is too short for anything else.” substantial policy issues and remove unnecessary burdens”

Working hand-in-hand with the Management Team, the CEO not only serves to supervise the 100- odd Secretariat staﬀ , but also aspires to drive the Secretariat to thrive as an organisation that is holistically

16 PRAXIS | JUL-SEP 2014 FEATURES/ARTICLES LawCare — Its Beneﬁ ts and Functions

LawCare is a benevolent fund for the Malaysian Bar. Its objective is to afford financial assistance to Members of the Bar. Benefitseets How LawCare Works Death — RM40,000 is paid to a Members contribute RM100 to the LawCare Fund Member of the Bar’s beneficiary or RM30,000 is paid from the insurance policy trustee (for Muslim Members, the Remaining RM10,000 is paid from LawCare Fund sum will be paid to the beneficiaries RM2,000 (for funeral expenses) is paid from insurance policy stated in the Faraid) Insurance policy only covers Members up to 70 years of age Funeral expenses — RM2,000 For death or disability befalling Members above 70 years of age, the full Terminal illness — RM40,000 can be sum (RM40,000) is paid from the LawCare Fund claimed immediately, subject to disclosure of the necessary If a Member below 70 years of age passes away while abroad, the documents Member’s family is entitled to claim towards repatriation expenses of up to the maximum sum of RM100,000 Total or partial disability — RM40,000 (or a percentage of this sum) is paid The family of a deceased Member is also assisted. Where beneficiaries to Members (exclusion: disability have been nominated, RM10,000 from the LawCare Fund shall be paid caused by an attempt to commit immediately to the nominee suicide, or by a pre-existing The LawCare Committee also considers compassionate payment in condition) circumstances where Members suffer terminal illness (eg cancer) on a case-by-case basis

For more details about the Malaysian Bar LawCare Fund, please refer to: *PYJ\SHY5V!4HSH`ZPHU)HY3H^*HYL-\UK *PYJ\SHY5V c9LUL^HSVM.YV\W;LYT3PML0UZ\YHUJL7VSPJ`^P[O(0()OKMVY[OL;LYT

LawCare Committee

Chairperson : Puspanathan Sellam Deputy Chairpersons : Kanarasan Ghandinesen Surindar Singh s/o Chain Singh Oﬃ cer-in-Charge : Shegi Nair

The LawCare Committee functions to provide ﬁ nancial assistance to Members of the Bar and their families in cases of illness, disability or death.

Members of the Bar are required to contribute RM100 to the Fund annually, and out of this sum, RM50 will be paid to the LawCare Group Term Life (“GTL”) Insurance Policy as premium, and the balance will be maintained in the Fund.

LawCare further assists Members who require ﬁ nancial assistance whether due to illness or other benevolent reasons, on a case-by-case basis. Such assistance is rendered from savings in the LawCare Fund.

On 1 July 2014, Bar Council renewed the GTL Insurance Policy with AIA Bhd, with the annual insurance premium maintained at RM50 per Member.

For information on beneﬁ ts under LawCare, please refer to Circular No 159/2014 and Circular No 057/2013. You may also refer to the insurance policy under “LawCare Fund” at http://www.malaysianbar.org.my/forms.html

JUL-SEP 2014 | PRAXIS 17 IMLC 2014-publicity in Praxis-210x280.ai 1 4/9/2014 9:35:11 AM

18 PRAXIS | JUL-SEP 2014 IMLC 2014-publicity in Praxis-210x280.ai 2 4/9/2014 9:35:18 AM

EVENTS

JUL-SEP 2014 | PRAXIS 19 IMLC 2014-publicity in Praxis-210x280.ai 3 4/9/2014 9:35:18 AM

EVENTS

20 PRAXIS | JUL-SEP 2014 IMLC 2014-publicity in Praxis-210x280.ai 3 4/9/2014 9:35:18 AM

Understanding GST

With the enactment of the Goods and Services Tax Act, this book provides an introductory look into the newly enacted Act along with the historical background and development of the law. The book has been laid out in a way that helps the working and rationale of GST.

Chapter Title 1. Basic Concepts in GST 2. Imposition and Scope of GST 3. Taxable Period 4. Supplies Spanning Change in GST Rate / Nature of Supply 5. Input Tax and Output Tax 6. Relief for Second-hand Goods 7. Agents 8. Special Schemes 9. Transitional Provisions 10. Special Areas & Government 11. Appeals 12. Tax Avoidance Provision 13. Collection & Recovery of GST 14. Administration of GST

Key Beneﬁts RM Besides the easy to read language, the book also provides examples of calculations and applications of GST. This book provides an easy read for 120.00 understanding the concept of GST.

For further information or to place an order, please contact us at 1800.88.8856 or e-mail [email protected] LIFESTYLE Table Tennis for Two

Wallace Wong and Junne Fan at the 45th Malaysia/Singapore Bench and Bar Games.

Petite and bespectacled, she walked “In every set there are 11 points, and common these days, travelling as one of in. Much like Clark Kent, Junne Fan every game has fi ve or seven sets. All in the Malaysian representatives for table Xiao Jun has an alter ego that belies all it takes about a maximum of one hour tennis is an entirely diff erent matter. “I her serious appearance. When playing to fi nish a game. The hours we spent had a chance to see parts of the world table tennis, she serves the ball with training and learning, translate into that which most people could not go to strength, style and skill, which leaves one hour of the game … the transaction because it was not safe, but because we her opponents scrambling to return it. of skills and wits. No one will know were representing our country, we were the ultimate winner until the last point escorted everywhere in the host country Wallace Wong Hur Shiaw spent his strikes,” said Junne. so it was quite safe.” early years of legal practice “working like a mad zombie”. His tasks ranged “Same with court room proceedings, I Like every other sportsperson, there from something as simple as binding guess,” Wallace philosophised. are timetables and restrictions to follow. documents, paginating appeal records, Junne shared, “No spicy or oily food, get assisting the despatch to serve and “Though table tennis is an unglamorous enough rest, must sleep by a certain time, fi le papers to complicated ones such sport, it has many stories to tell once must stay focused and concentrate. I as fi nding cases (without online or you dwell a bit deeper into it. It tests still remember when we were in China, electronic search tools) for his seniors or your refl exes, thinking ability, stamina my teammates and I wanted to see the his bosses just one or two hours prior to when playing competitive rounds, and Great Wall of China but we had training commencement of hearing. tests your ability to control or return and we only had limited time to see a spin, all within seconds. Diff erent the views. So we decided we would To Wallace, that experience was “simply players produce diff erent results. The complete our training and see the Great priceless”. Yet the love for his family, hours of training, thinking, watching the Wall of China by running the span of it. particularly wanting to be there for his training videos — all culminates in the We had to complete the run in the time mother when she needed him most led few seconds of refl ex and the decisions allocated for us, we barely made it and him to decide to sacrifi ce the invaluable made during a game,” said Wallace. were so out of breath!” experience and take the plunge into starting up his own practice. Representing Malaysia whilst Training as a Malaysian representative completing her studies gave Junne a was a lot more intense than representing Representing the Malaysian Bar whilst diff erent perspective and maturity for a the Malaysian Bar in the sport. Junne juggling the demands of time is no mean young lawyer. “When we went to Iran noted, “I used to eat a lot as I needed feat but Junne is well-versed in the art to play, we did not know we had to exit more energy for all the intensive of juggling work and table tennis. Long the plane with our heads covered. The trainings. Playing for the Malaysian hours, diffi cult conditions to complete air stewardesses gave us the airline Bar is no problem since we have a very her work and unreasonable demands, all blankets to cover our heads, it was quite eff ective and caring convener.” “He are familiar “spins” of life which Junne is embarrassing but once we met the hosts plans well for us while encouraging us skilled at nudging to the right directions. they gave us proper head coverings,” to practise for the Bar games,” added giggled Junne. Whilst travelling is Wallace.

22 PRAXIS | JUL-SEP 2014 LIFESTYLE

Representing Malaysia is not a solo act. “Many people see the Chinese and the to get the ball. One of the most valuable “I had lost my match and I was very German players as the greatest players lessons I have learnt from playing table upset. My teammate who played after in the world but players from Thailand, tennis is to go for it, just try your best me had to win for us to get the bronze Indonesia and other countries are just as and don’t ever give up.” medal in the Commonwealth Games good. In this I believe that the Malaysian 2010. I prayed so hard that she would players have a lot to catch up to their As for Wallace, when asked about the win. When she did, I ran up to her and ASEAN counterparts.” lessons learnt from his profession, “I am hugged her. We were ecstatic,” Junne the result of my hard work and if things reminisced. As a child, Junne’s desire to help others do not go as planned, I need to look at (though fearful at the sight of blood) what is wrong with myself. The devil is Though it happened a long time ago, made her ponder upon the profession in the details, fl ipping it a bit, our careers Wallace’s defi ning memory of the sport of fi refi ghting. It was the combination of are always in the details. I still have was during the fi nal of the Sabah Men’s service to people, intelligence and smart loads to catch up in that department.” Championship at the age of 16, where black and white attire that made her he played against one of the most dream to be a legal eagle. For Wallace, celebrated state players who was 27 as a young boy growing up in Sabah, he KS Shasha years his senior. It was his fi rst fi nal in witnessed his father being greeted with Advocate and Solicitor Sabah and he was trailing 0-2, all the a tight slap for enquiring why there was other player needed to do was to take a three-year delay in obtaining Wallace’s the third set to win the game and he identifi cation card. Though his father Wallace Wong Hur Shiaw is a Partner with Messrs Thomas Lai & Wallace was already leading 15-5 (at that time rushed Wallace away from the offi ce, Wong, and has been in practice for that incident spurred Wallace to realise it was 21 points to win). “By sheer about 11 years. Junne Fan Xiao Jun perseverance and resilience, I turned that he needed to know and protect his is a junior lawyer with Messrs Azman the table around by winning the third rights. Davidson & Co. She has been with set, then the fourth, then the fi nal fi fth the fi rm for two years now. Although set!” Wallace related that story which, Junne expressed her gratitude to the from diff erent law fi rms, they share the to him, is still a memory of “seismic University of Malaya (“UM”) lecturers common passion for table tennis. experience”. and her course mates, without whom she would not have been able to balance Wallace Wong fi rst represented the Coming from a sporting and supporting her obligations as a Malaysian table Malaysian Bar in table tennis in the singles event in 2003, when he was family, Junne’s mother coached her to tennis representative and a law student. a chambering student. He believes Junne is particularly thankful to her UM be the woman and table tennis player that the highest award he obtained as she is today. At the age of eight when lecturers, “They allowed me to sit for my a Malaysian representative was at the her head barely cleared the table, she fi nal exams separately.” 1995 SEA Games. took on players who, though older than herself, did not share her determination Junne confi ded, “As a table tennis Junne Fan has represented the to win. player, I learnt the values of discipline Malaysian Bar in table tennis since that every sportsperson keeps, and her chambering years. She cites the Wallace fi rst represented Malaysia when not to be aff ected by the surrounding following as her best results: he was 17 in the Youth Southeast Asian circumstances — like the boo-ing of • Champion (team event), Runner- (“SEA”) Games. At fi rst, he was “too the audience — to keep my emotions up (doubles event), Bronze (singles in check and stay focused on the game. young to feel excited about it”. Instead, event) — 4th Women’s Islamic he was more excited about playing with Even when there is unfairness in the Games 2005 players from other countries. It wasn’t umpiring, you must still play a good • Silver (team event) — until the second day of the Games game. This is important in everything in Commonwealth Table Tennis life. When I play, I will not give up on that he realised that Malaysia was “too Championship 2009, Scotland small in this sport compared to other any ball, even if I am injured I will push countries”. myself to serve it back. Once I stretched • Bronze (team event) — myself almost fl at across the table just Commonwealth Games 2010, New Delhi

If Table Tennis for Two has piqued your interest in table tennis, you may visit these websites for more information about the sport:

• http://tabletennis.about.com/od/ basicstrokes/a/basicstrokes_ ov.htm • http://www.rulesofsport.com/ sports/table-tennis-ping-pong.html Junne Fan ﬂ anked by her parents at the Wallace Wong (left) in action at the 45th • http://www.allabouttabletennis. 2010 Sukan Malaysia. Malaysia/Singapore Bench and Bar com/history-of-table-tennis.html Games.

JUL-SEP 2014 | PRAXIS 23 CASE NOTES — HIGHLIGHTS FROM THE FEDERAL COURT Criminal Procedure: Warrant of Arrest Pending an Appeal against an Acquittal In Bird Dominic Jude v Public suffi ciently demonstrated that it had the polling agent could not be imputed Prosecutor [2014] 4 CLJ 133, the a strong likelihood of success in the to the Respondent to render his election Federal Court was required to determine substantive appeal. null and void. The Appellant appealed the legality of the issuance of a warrant of against this decision. arrest against the Appellant following his Further, the Federal Court upheld the acquittal from a charge of drug traffi cking. constitutionality of section 56A by The Federal Court unanimously deciding that it represented a specifi c dismissed the appeal and held that the The Prosecution appealed against the law that authorised the deprivation of polling agent was not an “agent” under decision of the High Court to acquit and the personal liberties of a person and section 32(c) of the Election Off ences discharge the Appellant from a charge was therefore in accordance with Article Act 1954. In this regard, the Federal under the Dangerous Drugs Act 1952. 5(1) of the Federal Constitution. It was Court held that the Appellant had failed Subsequently, the Prosecution fi led an further observed that section 56A served to adduce suffi cient evidence to show application under section 56A of the the specifi c purpose of ensuring that the that the polling agent had in fact been Courts of Judicature Act 1964 (“the Prosecution’s appeal against an acquittal appointed as an agent of the Respondent. CJA”) for the Court of Appeal to issue was not rendered academic by the Further, the Federal Court found that the an arrest warrant against the Appellant absence of the accused at the hearing of Appellant had failed to plead/provide to direct that the Appellant be arrested the appeal. The Federal Court then found suffi cient facts and grounds to prove and remanded in custody pending section 56A not to be in contravention of the polling agent’s status as an agent of the disposal of the appeal. The Court Article 8(1) as it applied indiscriminately the Respondent and had thereby been of Appeal allowed the Prosecution’s to all persons irrespective of their unable to establish a nexus between the application and admitted the Appellant nationalities. Respondent and the alleged illegal acts to bail pending the disposal of the appeal committed by the polling agent. In this against the decision of the High Court. Election Law: Whether a Polling respect, it was held that the Appellant Agent Could Be Considered an had failed to demonstrate that the polling The Appellant appealed against this Agent of a Candidate under the agent had acted on the instructions of decision of the Court of Appeal and Election Offences Act 1954 the Respondent in purportedly bribing argued that the warrant of arrest voters in the manner alleged. that was issued was defective as it, Isnin bin Hj Aliasnih v Lajim bin Ukin amongst others, contained an inaccurate [2014] 6 CLJ 950 was an appeal against Civil Procedure: Affidavit representation of the facts. The Appellant the decision of the Election Court in Kota Evidence — Whether Summary further contended that section 56A of the Kinabalu that dismissed the Appellant’s Judgment Can be Entered for CJA contravened Articles 5(1) and 8(1) of election petition and upheld the validity a Sum in Damages Without the the Federal Constitution as it suspended of the Respondent’s election to the State Need for Assessment the eff ect of an individual’s acquittal from Assembly of Sabah. a charge by subsequently detaining that The Federal Court in Datuk Mohd Ali individual. The Respondent had been declared bin Hj Abdul Majid & Another v Public the duly elected member of the Sabah Bank Bhd [2014] 6 CLJ 269 was invited The Federal Court unanimously State Assembly for the constituency of to consider whether summary judgment dismissed the appeal. In so doing, it Klias at the 13th General Elections. The could be entered for a sum in damages was held that the irregularity of the terms Respondent defeated the Appellant by on the grounds that the affi davit evidence of the arrest warrant did not deprive a majority of 179 votes. The Appellant in support of the claim had not been the Court of Appeal of its jurisdiction to fi led an election petition to challenge the challenged and, further, without the determine the section 56A application. said results. In the Appellant’s petition, need for the assessment of the damages In this regard, the Federal Court held it was alleged, amongst others, that the claimed. that section 56A contemplated a two- Respondent had breached the Elections stage process, which included an ex- Off ences Act 1954 by having knowledge The Respondent bank engaged the parte application in the fi rst stage and an of, and/or consenting to the corrupt Appellants, who were advocates and inter-partes hearing before the Court of practices of one of his polling agents who solicitors, to recover the outstanding Appeal in the second stage. It was held purportedly bribed voters by providing sums under an overdraft loan facility that any irregularities in the arrest warrant them with envelopes that contained a that the Respondent had extended had been “overtaken” by the subsequent RM50 note and a redeemable monetary to a company. The Appellants fi led a transpiration of the inter-partes hearing coupon. The Election Court dismissed winding-up petition against the company before the Court of Appeal. Moreover, the the election petition and held that the on behalf of the Respondent. The Federal Court dismissed the argument polling agent in question could not be company successfully opposed the that the Prosecution’s application was considered an agent of the Respondent. petition on the grounds that the recovery defective, as the Prosecution had Therefore, the purportedly illegal acts of of interest on the outstanding sum was

24 PRAXIS | JUL-SEP 2014 CASE NOTES — HIGHLIGHTS FROM THE FEDERAL COURT time-barred. Further, the Respondent One of the conditions prohibited the failing to specifi cally seek a declaration was unable to commence fresh winding- Applicant from using the word “Allah” that the legal provision in question was up proceedings as the said claim would in the Bahasa Melayu publication of the invalid and, further, in failing to implead be barred by limitation as well. Herald. The Applicant then fi led a judicial the relevant State authority to the judicial review application to challenge the said review application. The Respondent then fi led a suit against decision of the Home Minister (“the the Appellants for breach of contract Minister”). The grounds of the judicial Richard Malanjum CJSS delivered the and negligence in the discharge of their review application were, amongst others, lead dissenting judgment and held that duties. The Respondent subsequently that the decision of the Minister infringed leave should be granted for all of the applied for summary judgment against the Printing Presses and Publications leave questions. First, the lead dissent the Appellants. The Deputy Registrar Act 1984 and, further, that the Minister’s found that there was an uncertainty as allowed the application on the premise decision violated certain Articles of the to the source of the Minister’s power in that, amongst others, the Appellants Federal Constitution, including the right imposing the impugned conditions which had not fi led an affi davit to oppose the to freedom of religion and the right to required resolution by the Federal Court. Respondent’s application. The High freedom of expression. Moreover, his Lordship held that there Court upheld the Deputy Registrar’s was a divergence in views in the Court of decision on liability. However, the learned The High Court allowed the Applicant’s Appeal judgments as to the correct test Judge reversed the fi ndings of the judicial review and struck down the that was to be applied in determining the Deputy Registrar on the issue of quantum Minister’s decision. In so doing, the High legality of the Minister’s decision. The and held that the sum in damages had Court held that the Federal Constitution lead dissent also recognised the need to be assessed as the Appellant had guaranteed the Applicant the right to use for a Federal Court pronouncement on failed to specifi cally prove the quantum the word “Allah” in its publication. The the correct test for what constituted a that it claimed. Thereafter, the Court of Court of Appeal reversed the fi ndings of “public order” issue which necessitated Appeal allowed the Respondent’s appeal the High Court. the restriction of one’s fundamental and affi rmed the decision of the Deputy liberties in the manner illustrated in the Registrar on liability and quantum. The The Applicant then fi led an application instant case. Appellant then appealed to the Federal for leave to appeal to the Federal Court. Court. In the leave application, the Applicant Richard Malanjum CJSS further held that framed 28 questions for leave, which were leave should be granted to enable the The Federal Court unanimously allowed divided into three parts — administrative Federal Court to determine the propriety the appeal and upheld the decision of the law questions, constitutional law of the Court of Appeal’s interpretation of High Court. In this regard, the Federal questions and general questions. the Articles of the Federal Constitution. Court held that the Appellant had failed His Lordship observed that the Court of to prove the quantum of damages that it In view of the importance of the case, an Appeal had employed a “disquieting” claimed on the grounds that the Appellant unprecedented seven-member bench of method of categorising the importance had merely stated the sum of damages the Federal Court was convened to hear of the Articles of the Federal Constitution that it sought without specifi cally proving the leave application. The Federal Court according to its placement in the text. the same. This was the case despite the dismissed the application for leave by a 4 Respondent’s failure to fi le an affi davit to 3 majority. Zainun Ali FCJ wrote the second dissent to challenge the Appellant’s claim for and held that leave should be granted damages. Accordingly, the Federal Court Ariffi n Zakaria CJ delivered the majority for all the administrative law questions maintained the High Court’s fi ndings on judgment of the Court. The majority and the general questions. Notably, her liability, with damages to be assessed by decided that the Court of Appeal had Ladyship held that the Court of Appeal the Deputy Registrar. applied the correct test in determining the had inappropriately made observations Applicant’s judicial review by relying on on matters that were non-justiciable in Judicial Review: Applicable Test the objective test to decide on the legality delivering remarks on the propriety or for Judicial Review of the Minister’s decision. Therefore, it otherwise of certain religious customs Constitutional Law: Testing the was held not to be necessary to interfere and practices. Thus, her Ladyship held Validity and Constitutionality of with the fi ndings of the Court of Appeal. that leave should be granted to enable State Enactments the Federal Court to formulate the correct The majority then found that the Applicant judicial approach on these matters. had not complied with Article 4 of the The Federal Court was required to decide Federal Constitution in challenging the Jeff rey Tan FCJ delivered the fi nal whether leave to appeal should be constitutionality of section 9 of the Non- dissent and held that the Applicant granted in the important case of Titular Islamic Religions (Control of Propagation should be granted leave as the case Roman Catholic Archbishop of Kuala Amongst Muslims) Enactment 1988, involved constitutional issues that were Lumpur v Menteri Dalam Negeri & 8 which proscribes a non-Muslim from too important to be decided by any court Others [2014] 6 CLJ 541. using the word “Allah” when expressing other than the Federal Court. “any fact, belief, idea, concept, act, The Applicant was the publisher of the activity, matter or thing of or pertaining to “Herald — The Catholic Weekly” (“the any non-Islamic religion”. In this regard, Gregory Das Herald”). In January 2009, the Home it was held that the Applicant had failed Advocate and Solicitor Ministry approved the publication permit to satisfy the requirements of Article 4 in Messrs Shook Lin & Bok of the Herald subject to certain conditions.

JUL-SEP 2014 | PRAXIS 25 STATE BAR NEWS

to symbolise that the “BBC Club” was now Haji Zainal Azman b Abdul Aziz presided oﬃ cially launched. All in all it was a great over the proceedings. Senior Federal Johore Bar success and a beﬁ tting tribute to outgoing Counsel, Tuan Lee Chee Thim represented Chairman, S Gunasegaran who ended his the Attorney General’s Chambers (“AGC”) Committee three-year term with yet another feather in and Karen Cheah Yee Lynn, Treasure of the his cap. Malaysian Bar, represented Bar Council. Dr Courtesy Call on the Judges and Balasekaran Suppiah appeared to recall Judicial Commissioners of the the life and memory of his dear friend, and High Court in Johor Bahru family members of the departed lawyer

were present at the proceeding. It was a The new Johore Bar Committee (“JBC”) time to recollect Ng Lam Hua’s life and his took offi ce after the AGM and the Bar contributions to the Bar. Ng Lam Huan was elections on 22 Feb 2014. As a tradition, the a member of the Johore Bar, and practised new Committee paid a courtesy call on the at Messrs Ng & Ng, in Kluang. He was Judges and Judicial Commissioners of the known to all and was very supportive of the High Court in Johor Bahru (“JB”) on 19 Mar Johore State Bar and its activities. 2014 at Menara Cyberport. With a loud bang of the gong, CJ Tun Arifi n The reference proceeding was followed by Zakaria declared the opening of the Bench a luncheon at Bilik Bunga Raya, Muar Court and Bar Club of Johore. Complex at 1:00 pm. This luncheon was attended by the Judge, Judicial Offi cers of the High Court Muar, Tuan Lee Chee Thim and members of the State Bar. During the luncheon, the Johore Bar Committee Chairman took the opportunity to introduce the newly elected committee members. This was followed by an address by the The new Johore Bar Committee with the Judge. Lunch ended at about 1:00 pm. Judges. Courtesy Call on YA Dato’ Hj Zainal Azman b Ab Aziz Ladies and gentlemen, we present the VVIPs. The JBC paid a courtesy call on the Reference for the late Ng Lam Honourable Judge YA Dato’ Hj Zainal Hua and luncheon with Bench Azman b Ab Aziz at the Muar High Court and Bar of the Muar High Court on 3 Apr 2014. The members present were Chairman, R Jayabalan; Hardip Singh of the A reference proceeding was held at the Sports Committee; KC Ng of the Human Muar High Court on 3 Apr 2014 in memory Rights Committee; Ms Gun of the Young of departed member, Ng Lam Hua, who Speech by YA Dato’ Haji Zainal Azman. Lawyers Committee; Fadhil of the Social passed away on 29 Sept 2013. YA Dato’ Committee; and member in charge of the Northern Districts of Johore, Shahareen Elevation Ceremony and Dinner in Honour of YA Tuan Samsudin b Begum (Chairperson). Hassan

Annual Dinner and Dance The Johore Bar takes great pleasure in congratulating YA Tuan Samsudin b Hassan on his elevation to the Bench of the High Court of Malaya as a Judge. The appointment took eff ect “All that glitters” was the theme of this on 19 Feb 2014. The elevation ceremony was held at the Criminal High Court of Johor Bahru year’s Annual Dinner and Dance held at the on Wednesday, 30 Apr 2014, followed by dinner at the KSL Resort Johor Bahru. Mutiara Hotel Johor Bahru on 22 Feb 2014. The elevation commenced with R Jayabalan, Chairman of the Johore Bar Committee, The Guest of Honour, the Chief Justice of off ering his felicitations welcoming His Lordship to the Bench, followed by addresses by S Malaysia (“CJ”), YAA Tun Dato’ Seri Arifi n Gunasegaran, representing the Malaysian Bar, and Tuan Umar Saifuddin b Jaafar, Head of b Zakaria , together with all the High Court the Johore Prosecution Unit, representing the Attorney General of Malaysia. In reply, YA Tuan Judges in Johore and their spouses were Samsudin b Hassan expressed his sincere appreciation for the kind words said about him. greeted by silat exponents from Yayasan The dinner at KSL Resort Johor Bahru on the same day was attended by about 60 members Warisan Johor much to the delight of all of the Bar. It was a memorable night for all those who were present. who were there. Another fi rst for the Johore Bar was the offi cial inauguration of the Bench and Bar Club by the CJ. Dato’ Abdul Halim b Aman, our recently transferred Hakim Utama who had actually mooted the idea and was personally responsible for its inception in Johore, joined the CJ on stage to sound the gong a customary three times Group photo at the elevation ceremony.

26 PRAXIS | JUL-SEP 2014 STATE BAR NEWS

Johore Bar Sports Committee’s on two diﬀ erent dates. The ﬁ rst seminar Seminar on Islamic Finance: 8th Futsal Tournament was held at the Johore Bar Auditorium on Regulatory Framework 20 May 2014 and the other took place at The 8th Futsal Tournament of the Johore Muar Traders Hotel on 5 June 2014. Both Megat Hizaini Hassan, a Partner in Messrs Bar Committee (“JBC”)’s Sports Committee sessions focused on various aspects of Lee Hishammuddin Allen & Gledhill, was held on 17 May 2014 at City Café Arena conveyancing practice, including Real conducted a seminar on 10 June 2014 at Sport, City Plaza with an overwhelming Property Gains Tax (“RPGT”) matters, the Johore Bar Auditorium. Related topics participation of eight groups comprising stamp duty procedure, guidelines and discussed were Syariah compliance and seven players in each team. The event recent developments. Both sessions started Syariah regulators, the framework of Islamic was attended by approximately 80 to 90 at around 9:30 am after the registration of banking and the framework of Islamic supporters along with the futsal players. The the participants and ended at about 1:30 capital markets. A total of 65 participants challenge trophy for 2014 was won by court pm at both places. The total number of were present. The seminar started at 2:00 personnel after a tough battle given by the pm and ended at 5:30 pm. former champion, Messrs Othman Hashim. participants in Johor Bahru was 91, and at The event concluded with the prize-giving Muar, the total number of participants was 36. The seminar ended with a small token Seminar on Personal Data ceremony by JBC Chairman, R Jayabalan, Protection Act 2010 (“PDPA”) and Sports Committee Chairperson and of appreciation given to the speaker, Yang Deputy Chairperson, Hardip Singh and Pei Keng. and Its Implications Mathews George, respectively, followed by a luncheon. On 20 June 2014, Raphael Tay Choon Tien, a member of the Kuala Lumpur Bar, presented the abovementioned seminar at the Johore Bar Auditorium, which was attended by 75 participants. The seminar examined these topics:

(a) Privacy and confi dentiality laws in Malaysia; Full house at the Johor Bahru session. (b) An introduction to the Act; (c) Unlawful collection of personal data The tough boys! Workshop — “Be a Tech-Savvy Lawyer” and its off ences; (d) Registration of data users; A workshop on being a tech-savvy lawyer (e) Implications of the Act on business was conducted by Fadhil Ihsan on 29 operations; May 2014 at the Johore Bar Auditorium. (f) How to comply with the Act; He is known for carrying out training and (g) Obligation of lawyers to comply with consultancy for government agencies and the Act; and professionals under a wide array of IT topics. (h) Consequences of non-compliance The total attendees for this workshop were 19 and comparison with other people. The workshop was held to educate jurisdictions, and foreign precedents. The runners-up with the Deputy Chairperson lawyers to incorporate technology into their and Secretary of the Sports Committee. work process and offi ce management. The attendees were exposed to open source Seminar on Conveyancing tools available on the Internet to integrate Practice and Recent technology into their practice and were also Developments given a demonstration on the use of free tools to create knowledge banks, document The Continuing Professional Development backups, paperless offi ce, and even on (“CPD”) Sub Committee of the Johore Bar maintaining accounts. The workshop ended Committee organised a seminar that was at approximately 5:30 pm, with a small token Raphael Tay shared his immense knowledge conducted by Yang Pei Keng at two places of appreciation presented to the speaker. with the participants.

triumphant and recorded its best ever Kuala Lumpur result by winning both the Judges’ Trophy Bar Committee and the Quadrangular Bar Games. 45th Malaysia/Singapore Bench & Bar Games and 5th Quadrangular Bar Games

The Games, hosted by the Kuala Lumpur Bar on behalf of the Malaysian Bar for the very ﬁ rst time and held in Kuala Lumpur Christopher Leong, President of the from 1 to 3 May 2014, was a tremendous Malaysian Bar, and HR Dipendra, Chairman success. The Malaysian Bar emerged Anand Ponnudurai, Chairperson of the Bar Council Sports Committee, in full concentration. of KL Bar, proudly hold the trophy.

JUL-SEP 2014 | PRAXIS 27 STATE BAR NEWS

Coffee & Law KLBC this term, was held on 9 May 2014 of the Royal Selangor Club at Dataran at Aria Restaurant, Plaza Damansara. This Merdeka, Kuala Lumpur. The Luncheon The Young Lawyers Committee (“YLC”) had annual meet was for the new offi ce bearers draws inspiration from the Inns of Courts’ its fi rst session of “Coff ee & Law” on 4 May of KLBC and SBC to get to know each other dining sessions. 2014 at Dr Café in Publika, hosted by Wan and discuss working closely to cater to the Zafran Pawancheek. The “Coff ee & Law” mutual needs of members of both the KL The cozy atmosphere of the Royal Selangor event is similar to a book club where after and Selangor Bars. Club perfectly accommodated all 37 reading a particular book, a group of people attendees of the Luncheon. Out of these, gather and discuss the plot of the book. Professional Development 28 of the attendees comprised pupils in Instead of a book, a case will be discussed Committee (“PDC”) Seminar chambers from various law fi rms. The and the case and direction of the discussion on Personal Data Protection Act Luncheon was very kindly graced by nine is determined by the host. 2010 senior members of the Bar (“Seniors”) from a very diverse range of practice, including Pupils Introduction Session Jeremiah R Gurusamy from Messrs Arianti dispute resolution, conveyancing, corporate Dipendra Jeremiah presented this seminar and commercial, arbitration, intellectual Organised by the KL Bar Pupils Welfare which was held at the KL Bar Auditorium property, and criminal law. The Seniors who Committee, the introduction session for at 2:30 pm on 15 May 2014. The seminar had taken time off their busy schedules to May was held on 8 May 2014. The session, was attended by 44 participants, and join us were Wong Lu Peen, Rajpal Singh, attended by 76 pupils, was led by Shashi covered topics such as “Introduction to Ravi Nekoo, Chu Ai Li, Nad Segaram, Devan. Pupils were briefed on the structure the Malaysian Personal Data Protection Sivapakiam Krishnan, Bahari Yeow Tien of the Malaysian Bar and the Kuala Lumpur Act (“PDPA”) 2010”, “PDPA Compliance”, Hong, Rajasundram Ponnusami, and Bar, the election to both the Bar Council and “Dealing with the 7 Data Principles”, and Shamsul Bahrin b Abdul Manaf. the Kuala Lumpur Bar Committee (“KLBC”) “PDPA Implementation”. and the highlights of the Malaysian Bar. It Although the Luncheon was scheduled included a session for pupils to raise issues PDC Seminar on “An to end at about 3:00 pm, many of the and problems faced by them during their Introduction to Bonds” attendees lost track of time, being deeply pupillage period and members of KLBC engaged in their respective conversations. were on hand to provide input and possible Kelvin Loh Hsien Han from Messrs Before the Luncheon ended, Lim Soo Wen, solutions. Among the issues raised by the Rahmat Lim & Partners presented a pupil, gave the closing speech, where she pupils at this session were the unfriendly this seminar which was held at the KL thanked everyone for attending as well as staff at the RKKK (Petition) Registry, no Bar Auditorium at 2:30 pm on 16 May the speakers for giving the pupils invaluable guidance in fi lling up the Admission papers 2014. The seminar was attended by 58 insights and advice. The Luncheon and diffi culty getting time off to attend participants, and covered these topics: eventually ended at about 4:00 pm. seminars and workshops. The video “Key Diff erences with Loans”, “Diff erent montage on the history of the Malaysian Bar KLPWC would like to take this opportunity Types of Bonds and Their Structures”, was reintroduced at this session and it was to thank all the Seniors and pupils who “Typical Issuance Process”, “Information well received by the pupils. attended the Luncheon and hopes that the Memorandum”, “Applicable Laws”, and Luncheon has made KL Bar a stronger and Muhibbah Meeting — Meeting “Typical Legal Documentation”. with the Wilayah Land Office closer fraternity. YMG Gathering A Muhibbah meeting on 9 May 2014 was well attended by representatives from The Young Members Group (“YMG”) of the KL Bar Corporate and Conveyancing Malaysian Branch of the Chartered Institute Practice Committee (“CCPC”), the of Arbitrators organised a social get-together Selangor Bar Conveyancing Practice & with the Young Lawyers Committee (“YLC”) SRE Sub-Committee and the Bar Council on 16 May 2014 at Mezzanine in Publika. Conveyancing Practice Committee. Issues The event was attended by 12 members of discussed included the newly launched the YLC and 15 members of the YMG. simple guidelines for the public on how to fi ll up their land offi ce documents, matters The Luncheon: A Taste of the Bar Rajpal Singh speaking at the Luncheon. regarding strata titles, the power of an IV attorney, the launching of e-consent, and Blood Donation Campaign reasons for rejected documents. The notes On 17 May 2014, the KL Bar Pupils of the meeting were sent out via e-blast on Welfare Committee (“KLPWC”) hosted A blood donation campaign, jointly 28 May 2014. the Luncheon — a meet-and-greet social organised by the KL Bar Social, Arts & event designed to give an opportunity for Culture Committee and the KL Courts, with Annual Gathering between younger members of the Bar to share their the assistance of the National Blood Bank, Kuala Lumpur Bar Committee experiences and exchange views with and was held on 19 May 2014 from 10:00 am and Selangor Bar Committee be inspired by senior members of the Bar to 4:00 pm at Level 2 of the Kuala Lumpur over the course of a luncheon. Court Complex on Jalan Duta. Members The annual gathering between Kuala Lumpur of the Bar, Court staff and members of the Bar Committee (“KLBC”) and Selangor Bar The Luncheon: A Taste of the Bar IV, was public came forward to participate in this Committee (“SBC”), which was hosted by held at the grandiose President’s Room blood donation drive.

28 PRAXIS | JUL-SEP 2014 STATE BAR NEWS

Although a total of 81 donors registered, The organising committee was headed only 69 were eligible to donate. Twelve by Nur Khairunissa bt Zainal Abidin and were rejected because they were either assisted by Randy Chew Beng Han and underweight, having high blood pressure or Mervyn Lai. The day started with some of low blood pressure, had recent piercings or the participants gathering at McDonalds, tattoos, or had lived in the United Kingdom Jalan Maarof, Bangsar between 6:00 am from 1980 till 1996 or in Europe between and 7:20 am to car pool to Bukit Cahaya. 1980 until the present. A total of 69 units At 7:20 am, ﬁ ve cars left with a total of 13 of blood were collected from the caring participants, and reached Bukit Cahaya at donors. approximately 7:45 am. A merry time at Tipsy. A total of 21 participants conquered Bukit Cahaya by cycling. This was a milestone YLC Mooting Skills Workshop for the KLPWC this year as the turnout was extremely encouraging. The KL Bar Young Lawyers Committee (“YLC”) organised a Mooting Skills Pupils Introduction Session Workshop for law students from INTI International University on 14 and 15 Organised by the KL Bar Pupils Welfare June 2014 at the KL Bar Auditorium. The Committee, the introduction session for workshop was attended by 35 students. June was held on 5 June 2014. The session, A successful blood donation campaign. attended by 62 pupils, was led by Shashi Pupils Workshop on Civil Devan. Pupils were briefed on the structure Litigation of the Malaysian Bar and the Kuala Lumpur Bar, the election to both the Bar Council and The KL Bar Pupils Welfare Committee the Kuala Lumpur Bar Committee (“KLBC”) organised a Civil Litigation Workshop and the highlights of the Malaysian Bar. It speciﬁ cally for pupils on 21 May 2014. included a session for pupils to raise issues The workshop focused primarily on the and problems faced by them during their practical aspects of handling a brief, pupillage period and members of the KLBC were on hand to provide input and possible covering the following areas: “Opinion Participants were divided into groups at the solutions. Among the issues raised by the Writing Exercise”, “Drafting of Pleadings workshop. Exercise”, and “Presenting a Case in Court”. pupils at this session were no leave during The workshop, conducted by Colin Andrew pupillage. The pupils were also shown It’s Time to Take a Hike — Bukit Pereira and Sanjeev Kumar Rasiah, was a video montage of the history of the Puchong attended by 51 pupils. Malaysian Bar. A total of 17 people participated in this hiking CPC Mentoring Programme YLC Seminar on Writ of Seizure trip organised by the KL Bar Social, Arts & Get-Together and Sale Culture Committee on 15 June 2014. The

group met at the foot of the hill at around The KL Bar Criminal Practice Committee Alex Anton Netto from Messrs CK Hau & Co 8:50 am and the hike commenced at 9:00 (“CPC”) organised a CPC Mentoring presented this seminar which was held at am. The hike, led by Alex Netto with Joshua Programme Get-Together on 6 June 2014 the KL Bar Auditorium at 3:00 pm on 23 May Teoh Beni being the sweeper, took about at 6:00 pm at the KL Bar Secretariat. 2014. The seminar, organised by the KL Bar an hour and a half to complete. The entire Five mentors and ﬁ ve mentees attended Young Lawyers Committee (“KLYLC”), was group left Bukit Puchong by 10:40 am. the get-together which was not very attended by 43 participants. The seminar encouraging, but it was still a good start. covered the following areas: “What is Writ The CPC proposed to organise another of Seizure and Sale (“WSS”)?”, “Under get-together soon. What Circumstances Would One Make a WSS Application?”, and “The Application KL Bar Monthly Social Get- of Order 47 Rules of Court 2012 and the Together Relevant Cases”.

About 50 lawyers gathered at Tipsy Cycling Trip at Taman Pertanian Restaurant, Petaling Jaya on 6 June Members of KL Bar at Bukit Puchong. Bukit Cahaya 2014 for the June edition of the Social Get-Together. This edition, jointly held Free PDC/AWL Seminar on On Saturday, 31 May 2014, the KL Bar by the Kuala Lumpur Bar Committee and Silent Suffering — The Need for Pupils Welfare Committee (“KLPWC”) and Selangor Bar Committee, and organised Victim Advocacy and Support the KL Bar Social, Arts & Culture Committee by the KL Bar Social, Arts & Culture (“KLSACC”) organised a cycling trip at Committee, was aimed at providing an The Professional Development Committee Taman Pertanian (Botanical Garden) Bukit opportunity for members of both Bars to (“PDC”) jointly organised a free seminar with Cahaya located in Shah Alam. meet and foster camaraderie. the Association of Women Lawyers (“AWL”)

JUL-SEP 2014 | PRAXIS 29 STATE BAR NEWS

on 20 June 2014. The seminar, presented by Pupils Workshop: Criminal Melissa Mohd Akhir, was held at the KL Bar Litigation Auditorium at 3:00 pm and was attended by 70 participants. The KL Bar Pupils Welfare Committee organised a Criminal Litigation Workshop The seminar covered the following areas: speciﬁ cally for pupils on 25 June 2014 focusing primarily on the practical aspects • The culture of disbelief and recognising of handling a brief. The workshop covered the rights of vulnerable victims; the following areas: “Client Interview”, • The role of victim advocates in “Mitigation”, “Bail Application”, and “Trial Christopher Leong, President of the Malaysian upholding the ‘cause of justice’: Process”. The workshop, conducted Bar, presents trophies to a team from the Men’s Applying s. 42 of the Legal Profession by Cheow Wee and Lim Chi Chau, was category. Act 1976; attended by 26 pupils. • Legal tools available to protect Movie Night — Transformers: Zoo Negara Volunteer vulnerable victims; Age of Extinction Programme • Ways forward for lawyer-activists:

Improving victim advocacy in Malaysia;, The KL Bar Social, Arts & Culture The KL Bar Young Lawyers Committee and Committee organised a private screening of organised a one-day volunteering exercise • Covering the relevant sections in the Transformers: Age of Extinction in 2D on 26 at Zoo Negara on 28 June 2014. Twenty Criminal Procedure Code, Child Act June 2014 at GSC Pavilion. This event was participants assisted the animal keepers in 2001, Evidence Act 1950, Evidence of open to all members and pupils as well as Child Witnesses Act 2007, Domestic providing daily care for the animals, including their families and friends. Violence Act 1994, Legal Profession cleaning the exhibit areas, preparing food, and assisting in animal behaviour Act, Convention of the Rights of the 2nd KL Bar Futsal Competition enrichment activities. The objective of this Child, Convention on the Elimination 2014 of All Forms of Discrimination against project was to educate members of the Women, the Subordinate Courts Act Organised by the KL Bar Sports & Recreation close relationship between humans and 1948 and the Witness Protection Act Committee, the 2nd KL Bar Futsal Competition wildlife by learning to understand the needs 2009. which was open to members of the Bar and and social behaviour of animals. pupils only, was successfully held on 28 June 2014 at Samba De Futsal Court, Petaling Pupils Workshop: Conveyancing Jaya. The maximum number of teams — 16 men and four ladies — participated in the The KL Bar Pupils Welfare Committee competition. Team TTD Picnic A emerged as the Men’s Champion, while Team Flying organised a Conveyancing Workshop Legalators won in the Ladies’ category. speciﬁ cally for pupils on 30 June 2014. The workshop focused primarily on the Melissa Mohd Akhir, advocacy oﬃ cer with practical aspects of handling a brief, and the Women’s Centre for Change (second covered the following areas: “Overview of from left), was the speaker for the event. the Conveyancing Process”, “Essential Clauses Found in a Sale and Purchase YLC Sanctuary Agreement”, “How to Fill Up the Relevant The KL Bar Young Lawyers Committee held NLC Forms”; and “Practical Pointers for its annual retreat entitled “Sanctuary” on 21 the Conveyancing Lawyer”. The workshop, to 22 June 2014 at El Sanctuary, Malacca. HR Dipendra with a team from the Ladies’ conducted by Michael Leow Yon Meng, Eighteen participants attended the retreat. category. was attended by 29 pupils.

was declared the overall champion for Malacca Bar the third consecutive year. Committee MMA-Malacca Bar Games

On 19 Apr 2014, the Malacca Bar hosted the annual Malacca Medical Association (“MMA”)-Malacca Bar Games at the Malacca Club Sports Complex, Tanjung Kling, Malacca. Malacca Bar fi elded its full force to compete with MMA this year The overall champion, Malacca Bar, The football team poses proudly. and its eff ort paid off as Malacca Bar represented by its Chairman, Karen Cheah Yee Lynn.

30 PRAXIS | JUL-SEP 2014 STATE BAR NEWS

Courtesy Calls Visit to Community Seminar on “Personal Data Rehabilitation Centre Protection Act 2010 and its On 28 Apr 2014, the Malacca Bar Implications” Committee members made a courtesy The Malacca Young Lawyers and call on YA Dato’ Zulkiﬂ i b Bakar, Chambering Pupils Sub-Committee On 30 May 2014, Malacca Bar along with High Court Judge (I) and the Judicial organised a visit to the Community the Bar Council Continuing Professional Commissioner of the High Court (II) Rehabilitation Centre in Bukit Baru, Malacca Development (“CPD”) Department, jointly YA Datuk Abdul Karim b Abdul Jalil, on 3 May 2014. More than 12 young lawyers, organised a seminar on “Personal Data followed by a meeting with the Judges, pupils and students from Multimedia Protection Act 2010 and its Implications” Registrars and Magistrates. The University took part in the “gotong-royong” as part of the CPD Regional Training Series. working relationship between the State which included cleaning the centre vicinity, Raphael Tay was the invited speaker and he Bar and the Bench remains close and repainting, and beautifying the compound gave a lively and engaging talk to members cordial, and court issues were ironed surrounding the centre. of the Malacca Bar. The participants who out with the usual co-operation between attended the entire session of the seminar, parties. which was held at the Malacca Urban Transformation Centre, earned three CPD points each.

Repainting works.

Malacca Bar and Bench Games The Malacca Bar and Bench Games was held at Manipal College on 24 May 2014. The sports contested were badminton, soccer, Members of the Committee having a table tennis, netball and ladies futsal. The discussion with YA Dato’ Zulkiﬂ i. Malacca Bar was declared the overall winner. Raphael Tay speaking at the seminar.

Penang Legal Aid Centre more than 50 pupils from Penang, Kedah, Penang Bar Perlis, Perak and Kelantan. The speakers The Annual General Meeting of the Penang who delivered the course lectures this time Committee Legal Aid Centre (“PLAC”) was held on 16 around were Penang Bar Chairman, Abdul May 2014 and attended by approximately Fareed Abdul Gafoor, PR Manecksha, T Passing of Karpal Singh 40 members and pupils. The meeting was Tharumarajah, Mureli Navaratnam and Tho chaired by the two co-chairpersons of the 17 Apr 2014 saw the passing of one of Su-Fen. Penang’s greatest sons and Member of PLAC, Navinder Kaur Jessy and K Simon the Bar, Karpal Singh. His unexpected and Murali, and events and projects for the tragic death sent shockwaves throughout past and current year were presented and the legal fraternity and the community he discussed with members present. had served as a lawyer and politician over a career that spanned more than 40 years. Professional Development Events Members of the Bar and well-wishers fl ocked to his family home on Western On 25 Apr 2014, a talk on the Unique Role of Road for three days before the state funeral Lawyers as Company Secretaries was held which was held in Dewan Sri Pinang on 20 Apr 2014. The Malaysian Bar, led by its and attended by about 40 participants. The speaker was Zunika Salim, Head of OpCos Secretary, Richard Wee Thiam Seng, paid The Ethics and Professional Standards its fi nal respects along with Chairman of the Corporate Secretarial at Axiata Group Course received good participation. Penang Bar, Abdul Fareed Abdul Gafoor, Berhad. past Chairpersons of the Penang Bar and The Risk Management for Staff Workshop members of the Penang Bar. A talk on Competition Law in Malaysia was was held on 29 May 2014, with over 30 held on 6 May 2014 and presented by Dr participants. The workshop was presented Safi naz Mohd Hussein, Associate Professor by Mohamad Ezri Abdul Wahab, Heron of the Law Faculty at Universiti Kebangsaan Khalid Goh, Mysahra Shawkat, Rao Malaysia. Suryana bt Abdul Rahman and David Dinesh Mathew. The Ethics and Professional Standards Members of Penang Bar, and Richard Wee Thiam Course for chambering pupils was held On 2 June 2014, a Regional Training Series Seng (second from left) pay their respects to the on 23 and 24 May 2014 and attended by seminar on Islamic Finance: Regulatory late Karpal Singh.

JUL-SEP 2014 | PRAXIS 31 STATE BAR NEWS

Framework by Megat Hizaini Hassan Kastam Diraja Malaysia organised a 2014. Both events saw a good turnout was held and attended by 40 participants seminar on the much-talked about Goods from the regular players as well as consisting of Members of the Bar and and Services Tax (“GST”) for members newcomers consisting of both Members representatives of other agencies and of the Penang Bar on 26 June 2014. This of the Bar and pupils. related bodies. seminar was held at the Jabatan Kastam premises in Seberang Jaya and attended by The Criminal Law Subcommittee organised more than 160 members. Key issues such Courtesy Calls and Meetings a Talk on Pre-Trial Preparation for Criminal as how GST would aff ect legal practice Proceedings specifi cally for chambering in terms of legal fees, billing, accounting, Courtesy calls and meetings with pupils and junior lawyers who were etc were addressed by the speakers who Subordinate Court Judges, Magistrates interested to fi nd out the basics of criminal were offi cers from Jabatan Kastam Diraja and Registrars of the Penang practice such as arrest, remand and bail Malaysia. proceedings. The speakers at the talk were Courts were held on 20 and 23 June criminal law practitioners, Hussaini Abdul Sports Events 2014. Various issues dealing with Rashid, Ravi Chandran Subash Chandran, administrative and day-to-day court Sukhindarpal Singh, Khor Jit Sheng and Tan Two sports events were held in May practice issues were discussed at length Guat Cheng. 2014, namely the Bowling Tournament in view of overcoming problems which The Conveyancing Practice Subcommittee on 10 May 2014, followed by the would assist in the administration of together with the Unit GST of Jabatan Badminton Championship on 31 May justice by both the Bar and Bench.

Perak Bar Sub-Committee organised this Shooting Invitation from the Perak Bar exciting event on 16 May 2014. Perak Police Department

Committee The Perak Police Department invited the Perak Bar Committee (“PBC”) to its shooting Perak Bar Paintball Games competition in conjunction with the Police Day celebration on 21 June 2014. PBC The Perak Bar Social Sub-Committee was represented by its Chairman, Kenny organised the Perak Bar Paintball Games Lai Choe Ken and three other Committee for its members and also the Bench on 28 members, Balakrishna Balaravi, Ashwin Apr 2014 as the curtain raiser for the year. Kumar and Jannah Khairul Anuar. We are The objective of this event is to encourage proud to announce that PBC placed second members and the Bench and Bar to get to in the competition. know each other outside the courtroom. Excitement evident in the faces of the participants of “Break the Code”. Perak Bar vs Bench Games 2014

On 13 and 14 June 2014, the Perak Bar Sports Committee and the Courts Sport Committee organised the Perak Bar vs Bench Games. It has been a tradition of the Bar to hold tripartite games with the Bench Chairman of Perak Bar, Kenny Lai Choe Ken A mixed group of Members of the Bar and and the Perak Police Department, but this with Perak Chief Police Oﬃ cer, Dato’ Acryll court oﬃ cers with past Chairman, year, the games were held with the Bench, Sani b Abdullah and Balakrishna Balaravi. P Vivekanandan. minus the police department. Perak Bar proudly announces that it won in netball, Seminar on “The Basics of futsal, football, snooker and darts. Cross-Examination in Civil and Commercial Trials”

The Perak Bar Professional Development and Alternative Dispute Resolution (“ADR”) Committee organised a seminar on “The Basics of Cross-Examination in Civil and Commercial Trials” on 5 June Champions of the Paintball Games. 2014. The seminar was presented by Brendan Navin Siva, Fahri Azzat and “Break the Code” — Escape James Khong. The seminar dealt with Room the objective and purpose of cross- examination, the nature of cross- Have you ever been trapped and had to examination in civil and commercial solve a mystery in order to escape? The The gleeful Perak Bar netball team.

32 PRAXIS | JUL-SEP 2014 STATE BAR NEWS matters, common mistakes made by Bar are held in Ipoh. However, due to lawyers, and practical tips for young outstanding demand from members lawyers. outside the area of Ipoh, the Perak Bar organised a “Human Rights Training All three speakers managed to hold and Workshop” at Hotel Warisan the attention of the audience with Taiping on 22 June 2014. their useful tips. This seminar is an introductory session for the upcoming Advocacy Training Course that will be The speakers − Andrew Khoo Chin held in Ipoh at the end of this year. Hock, Roger Chan Weng Keng, and Yohendra Nadarajan − came from Kuala Lumpur to share their expertise in human rights and expand the Brendan Navin Siva in action, while James horizons of Perak lawyers regarding Khong listens in the background. this issue. The training drew a great number of lawyers from Taiping and Human Rights Training Ipoh. Activities and presentations by the speakers helped encourage Most of the seminars, talks or members to participate and express A token of appreciation to Fahri Azzat, one of workshops organised by the Perak their views. the speakers.

CPD Event Courtesy Calls on Pengarah Perlis Bar Mahkamah Perlis The Continuing Professional Development Committee (“CPD”) Committee organised two events. The fi rst courtesy call on 29 Apr 2014, The fi rst — a talk on the “Basics of was made on the outgoing Pengarah Mahkamah Perlis, Tuan Abdul Rashid YBGK Training Programme for Cross-Examination and Court Ethics and Etiquette” on 24 Apr 2014, was presented b Daud, to wish him well for the future. Lawyers Another courtesy call was paid on the by Perlis Bar Chairman, Amar Jit Singh s/o Jarnail Singh, and attended by 27 lawyers, incoming Pengarah Mahkamah, Tuan Perlis Bar together with the Bar Council Rosli b Osman, on 29 May 2014. YBGK Steering Committee and Yayasan who were awarded three CPD points. The Bantuan Guaman Kebangsaan (“YBGK”) second — “Civil Trial Advocacy” — was held Perlis organised YBGK’s “Training on 14 June 2014 and presented by Ravi Programme for Lawyers” on 19 and 20 Nekoo. Participant to this event, which also Apr 2014. The programme was held attracted members from Perak, earned 4 at the Tasoh Lake Resort and Retreat, CPD points. Both events were successfully Timah Tasoh, Perlis. The speakers/ held at the Perlis Bar’s premises. trainers included Ravi Nekoo, Ravin Singh and Stephanie Bastian. A total of 32 lawyers participated in the fi rst day of the programme on 19 Apr 2014 (Part I — YBGK Admin Matters; Part II — Arrest, Remand, Bail and Mitigation), while 16 “Best wishes for the future, Tuan Abdul lawyers participated in the second day of Rashid!” the programme on 20 Apr 2014 (Part III — Criminal Trial Advocacy). Participants Family Day from Kedah and Perak also attended this Amar Jit Singh delivering his talk. event. The Perlis Bar’s Multimedia, Social & Publicity Committee organised the Committee’s fi rst ever Family Day at the Tasoh Lake Resort and Retreat at Timah Tasoh, Perlis. The event, held on 25 Apr 2014 at 8:00 pm, received overwhelming response, especially from several senior lawyers and their families. Sumptuous Group photograph of participants and barbequed dishes were served, and A group photograph with the three speakers speaker, Ravi Nekoo, who stands in the almost everyone left with something at the programme. middle. from the lucky draw.

JUL-SEP 2014 | PRAXIS 33 STATE BAR NEWS

legal aid programmes available for their and badminton were played between teams Selangor Bar participation. They were also given consisting of staff of the Selangor Courts, the training on carrying out some of these Court Police and members of the Selangor programmes. Bar. Each team was required to choose a Committee name of a country participating in World Cup Meeting with Officer from the 2014 and don the jerseys of that country The Committee organised the following Selangor Land Registry and while playing in the Selangor Bar Cup 2014. talks and seminars during this quarter: Land Offices The male category in futsal was won by Cameroon (Selangor Lawyers), while the • “Discharge in Bankruptcy” by During the period between April and June female category in futsal was won by USA Tejindarpal Kaur (11 Apr 2014); 2014, the Selangor Bar Committee regularly (U One Sports Centre), and badminton was • “Managing a Stratifi ed Building” by met offi cers from the Selangor Land won by Atan Badminton Academy. Wong Kok Soo (25 Apr 2014); Registry and Land Offi ces to address and • “Islamic Wills” by Amir Bahari (9 May resolve various conveyancing issues. 2014); • “The Art of Cross Examination in Malam Suai Mesra 2014 Civil Trial” by Ashok Kandiah (16 May 2014); Selangor Bar Committee’s Malam Suai • “Criminal Trial and Defences” by K A Mesra was held on 24 May 2014 at The Lake Ramu (30 May 2014); View, Subang. The theme for the night was • “The Companies Bill 2013 — Highlights on Insolvency and “World Cup Fever 2014”. More than 200 Corporate Rescue Provisions” by Lim guests attended this social event, which Siew Ming (20 June 2014); included Members of the Bar and the Bench. “The Lions”, eventual winner in futsal (male • “Syariah: Negotiation — Advance” by category) pose proudly in their gear. Amir Bahari (26 June 2014); and • “Tendering Evidence in Court” by Joshua T Sambanthan.

Briefing Session for Pupils

Brieﬁ ng sessions were held for pupils on 1 Apr 2014 at the Selangor Bar Auditorium Steven Thiru, Vice-President of the Malaysian to brief them on their Call to the Bar Bar, and Richard Wee Thiam Seng, Secretary of Badminton teams slug it out! ceremony. Two pupils were called to the the Malaysian Bar, revelling in the mood of things. Bar on 30 Apr 2014 at the Shah Alam High Upcoming Events Court. A photography session with the High Court Judge and a tea reception was Members are requested to take note of the held thereafter. upcoming Selangor Bar events and news in the next quarter (July to September 2014), Introduction Session and Legal which include the following activities: Aid Training • Visit to Shelter on 16 Aug 2014; An introduction session and legal aid Another enjoyable instalment of Malam Suai Mesra. • Annual Dinner and Dance on 27 Sept training were held for pupils on 8 May 2014; and 2014. During this session, pupils were Selangor Bar Cup 2014 — World • Talks and seminars. introduced to the role and activities of Cup Edition the Bar, briefed on their duties as pupils For more details and particulars of past On 7 June 2014, the Selangor Bar and given an explanation on preparation news and events, as well as the upcoming Committee organised the Selangor Bar Cup and ﬁ ling of the pupillage cause papers. events, kindly visit the Selangor Bar website 2014 — World Cup Edition, where futsal Pupils were further briefed on the various at www.selangorbar.org.

nd chambers. Almost 40 lawyers and pupils Terengganu Bar 32 Annual Terengganu in chambers participated in this event held General Meeting at the Terengganu Equestrian Resort Kuala Bar Committee Terengganu. The Terengganu Bar’s 32nd Annual General Meeting (“AGM”) was held on 13 Feb 2014 Senior vs Junior Bowling Competition at the TH Hotel & Convention Centre, Kuala Terengganu with the quorum of 91 On 25 Jan 2014, the Terengganu Bar members. Rosnah bt Zakaria and Salwa organised a bowling competition, where bt Mansor were elected unopposed the senior members of the Terengganu as the Terengganu Bar Chairman and Bar competed against the Terengganu Terengganu Bar Representative to the Bar Bar young lawyers and pupils in A fun day at the Bowling Competition Council respectively.

34 PRAXIS | JUL-SEP 2014 STATE BAR NEWS

Terengganu Bar Annual Dinner Talk on Limited Liability Legal Aid Programme at Sungai Partnership Gong Lingai In conjunction with the Terengganu Bar 32nd AGM held on the same day, the On 3 Apr 2014, the Terengganu Bar and The Terengganu Bar Committee the Faculty of Law and International Terengganu Bar had its Annual Dinner together with the Terengganu Legal on 13 Feb 2014 at the TH Hotel & Relations of UniSZA jointly organised a talk Aid Centre, jointly-operated a legal Convention Centre, Kuala Terengganu, on “Limited Liability Partnership”. The talk was conducted by Prof Dr Zuhairah Ariﬀ with the colour-blocking theme of aid booth at Kampung Gong Lingai, Abdul Ghadas and was held at the UniSZA “Green & Purple”. Batu Rakit, on 23 and 24 May 2014, in Academic Auditorium. About 70 lawyers conjunction with the Terengganu Lingai Courtesy Calls and pupils in chambers as well as the university’s undergraduates and lecturers Nature MTB Ride 2014. The MTB Ride attended the programme. In line with the tradition of newly was organised by Tourism Malaysia and elected State Bar Committees and Farewell Lunch of Kuala the Terengganu State Government, and with the aim to strengthen the Bar- Terengganu Sessions Court saw the participation of cyclists from Bench relationship, the members of Judges various countries. the Terengganu Bar Committee paid courtesy calls on the Honourable High On 21 Apr 2014 and 28 Apr 2014, the Terengganu Bar Committee organised Court Judge Dato’ Mohd Yazid b Haji Makan Saing Sesi Ke-10 Mustafa on 27 Feb 2014 and Pengarah farewell lunches for Sessions Court Mahkamah Terengganu/Sessions Court Judges, Tuan Aslam b Zainuddin and On 18 Jun 2014, the Terengganu Bar Judge, Tuan Haji Aslam b Zainudin on Puan Wan Fadhilah Nor bt Wan Idris on 5 Mar 2014. their transfers from Kuala Terengganu Committee together with the Terengganu Sessions Court to the Palace of Justice, Legal Aid Centre organised the 10th Forum on the Prevention of Putrajaya and Kuala Lumpur Sessions series of Makan Saing (ie “eating among Court, respectively. Crime Act 1959 friends”). The potluck session was

On 27 Mar 2014, the Bar Council and joined by more than 30 members of the the Terengganu Bar together with Terengganu Bar and pupils in chambers, the Faculty of Law and International contributing more than 30 dishes of Relations of Universiti Sultan Zainal delicious delicacies. Abidin (“UniSZA”) jointly organised a public forum on the Prevention of Crime Act 1959. The event was held at the Memorable lunch for Puan Wan Fadhilah’s UniSZA campus and was attended by 40 farewell. lawyers and pupils in chambers as well as about 50 law students and lecturers. Courtesy Calls on Terengganu The speakers for the forum include Bar State Legal Advisor and Head of Council President Christopher Leong, Prosecution Bar Council Secretary Richard Wee Thiam Seng and Bar Council Treasurer On 29 Apr 2014, the Terengganu Bar Karen Cheah Yee Lynn. Committee paid courtesy calls on the newly appointed Terengganu State Legal Advisor, Dato’ Azhar b Abdul Hamid and the State’s Head of Prosecution, Delicious delicacies laid out on the table. Tuan Mohd Jazamuddin b Haji Ahmad Nawawi. Selangor Bar Cup 2014: World Cup Edition

On 7 Jun 2014, the Terengganu Bar participated in the Selangor Bar Cup 2014: World Cup Edition, organised by the Selangor Bar and held at the U One Sports Centre, Bukit Raja, Klang. The futsal competition saw the Terengganu Members of the Terengganu Bar pose with Christopher Leong, Richard Wee Thiam Seng Courtesy calls on the Legal Advisor and Bar emerge as group champion but lost and Karen Cheah Yee Lynn. Head of Prosecution. in the quarterﬁ nals.

JUL-SEP 2014 | PRAXIS 35 APPOINTMENT OF JUDICIAL COMISSIONERS Appointment of Judicial Commissioners

The table below summarises the appointment of Judicial Commissioners during the period of June/July 2014.

No Judicial Commissioner Date of Appointment Location of Appointment 1 YA Datuk Azimah bt Omar 20 June 2014 Shah Alam Civil High Court Former Chief Registrar of the Federal Court of Malaya 2 YA Dato’ Nordin b Hassan 20 June 2014 High Court of Malaya, Georgetown Former Deputy Head of Prosecution (Policy) in the Attorney General’s Chambers 3 YA Dato’ Mat Zara’ai b Alias 20 June 2014 Johor Bahru High Court Former Chairman of the Advisory Board in the Prime (Criminal Division) Minister’s Department 4 YA Dato’ Azmi b Ariﬃ n 20 June 2014 High Court of Malaya, Penang Former Legal Advisor to the State Government of Kedah 5 YA Puan Noorin bt Badaruddin 20 June 2014 High Court of Malaya, Ipoh, Perak Former Deputy Head of Prosecution Division (Policy) in the Attorney General’s Chambers

6 YA Tuan Collin Lawrence Sequerah 20 June 2014 High Court Shah Alam (Criminal Formerly attached to Messrs Zain & Co Division) 7 YA Datuk Wong Kian Kheong 20 June 2014 Kuala Lumpur High Court Formerly attached to Messrs Wong Kian Kheong (Commercial Division) 8 YA Tuan Azizul Azmi b Adnan 1 July 2014 Kuala Lumpur High Court (Civil Formerly attached to Messrs Wong & Partners Division)

YA Datuk Azimah bt Omar has served in diverse capacities, including as Head of the Narcotics Unit and as Head of the Prosecution Division in YA Datuk Azimah bt Omar was born in Selangor on 2 July the AGC. 1962. She received her LLB from Universiti Malaya in 1986, and after that, joined the judicial and legal service as He is married to Rahimah bt Abdul Aziz. a legal offi cer on 15 Sept 1986. YA Dato’ Mat Zara’ai b Alias Her experience in the judicial and legal service is extensive, ranging from serving as Magistrate, Senior Assistant Mr Justice Dato’ Mat Zara’ai b Alias was born on 26 Registrar, Deputy Registrar, and Sessions Court Judge. In May 1958 in Kuala Kangsar, Perak. He received his legal September 2008, YA Datuk Azimah bt Omar was promoted education in Universiti Malaya, graduating with an LLB as Legal Advisor to the Ministry of Works. After serving in (Hons). that capacity for a year, she was promoted to Registrar of the Court of Appeal and subsequently, as the 37th Chief Mr Justice Dato’ Mat Zara’ai b Alias has enjoyed a long Registrar of the Federal Court of Malaysia on 1 Feb 2013. and successful legal career over the years, beginning with his position as Assistant Director at the Kedah Legal Aid She is married to Ibrahim b Zainudin and they have four Bureau in 1982. He has served as Magistrate, Registrar, children — Ahmad Zulfadli, Ahmad Zulfi kri, Farah Syafi qah and Judge at various courts throughout Peninsular and Ahmad Zul Izzat. Malaysia. He also served as Legal Advisor to the State of Pahang. His latest appointment prior to being appointed YA Dato’ Nordin b Hassan Judicial Commissioner of the High Court of Malaya, Johor Bahru, was as Chairman of the Advisory Board at the YA Dato’ Nordin b Hassan was born on 13 July 1963 in Prime Minister’s Department. Negeri Sembilan. He graduated with LLB (Hons) from the International Islamic University in 1987. He began his YA Dato’ Azmi b Ariffin career with the Attorney General’s Chambers (“AGC”) in 1987, and has extensive experience in various legal bodies YA Dato’ Azmi b Ariffi n was born in Selangor on 1 Nov over the years, including the Anti-Corruption Agency, and 1960. He graduated with a degree in Law from Universiti

36 PRAXIS | JUL-SEP 2014 APPOINTMENT OF JUDICIAL COMMISSIONERS

Malaya. He began his career as Deputy Prosecutor with fi rms he worked at were Goonting & Co, C L Sequerah & the Anti-Corruption Agency in 1987, and has served Co, and Zain & Co. in various capacities throughout Malaysia, including as Senior Magistrate at the Kuching Magistrate Court, He is married to Florence A Yesudian, and has one child, Research Offi cer at the Johor Bahru High Court, Chief Miguel Jude Sequerah. Executive Offi cer at the Companies Commission of Malaysia, and Head of the Narcotics Unit at the Attorney YA Datuk Wong Kian Kheong General’s Chambers. YA Datuk Wong Kian Kheong obtained his LLB (Hons) His last position of employment prior to being appointed degree from Universiti Malaya (“UM”) in 1988. In 1989, as Judicial Commissioner was as Kedah State Legal he was given a scholarship from the Shell-Cambridge Adviser. He is married to Datin Rashidah bt Ab Rashid, Commonwealth Trust to pursue his LLM (Hons) degree at and they have three children. the University of Cambridge.

YA Puan Noorin bt Badaruddin YA Datuk Wong Kian Kheong was called to the Malaysian Bar in March 1990, and thereafter he joined the Judicial YA Puan Noorin Bt Badaruddin was born on 29 Oct 1966 in and Legal Service Commission (“JLSC”), where he served Perak. She obtained an LLB (Hons) from the International as a Deputy Public Prosecutor from March 1990 to Islamic University Malaysia in 1990, and LLM (Masters in November 1997. Prosecutions) from the University of Wollongong in New South Wales, Australia, in 2009. He has also lectured and tutored in UM and Brickﬁ elds College, and served as joint editor for Mallal’s Monthly She has extensive experience as a Public Prosecutor, Digest and Annotated Statutes of Malaysia. serving as Deputy Public Prosecutor (“DPP”) in the Prosecution Department of the Attorney General’s He was in private practice from 1 Dec 1997 until his Chambers (“AGC”) from 1997 to 2000, and as DPP Senior appointment on 19 June 2014. Federal Counsel/Head of Trial Unit in the Appellate and Trial Division of the AGC from 2009 to 2013. Her position YA Tuan Azizul Azmi b Adnan prior to her appointment as Judicial Commissioner of the High Court of Malaya in Ipoh, Perak, was as DPP (Policy) YA Tuan Azizul Azmi b Adnan was born in Selangor on 14 in the Prosecution Division of the AGC. Oct 1969. He received his legal education at the University of Cambridge, UK. He was admitted to the High Court of She is married with three children. Malaya in 2003.

YA Collin Lawrence Sequerah Prior to his appointment as Judicial Commissioner on 1 July 2014, he had practised in Messrs Wong & Partners since Mr Justice Collin Lawrence Sequerah was born in Petaling 2014, where he specialised in mergers and acquisitions, Jaya, Selangor on 21 Oct 1960. He received his primary corporate securities and Islamic fi nance. He was Head of and secondary education in La Salle School in Petaling the Corporate Planning and Legal Unit of a merchant bank Jaya. In 1984, he graduated with LLB Lond (Hons), for fi ve years, where he advised on banking and securities and was called to the Bar of England and Wales by the law. Honourable Society of Lincoln’s Inn the year after. In November 1986, he was called to the Malaysian Bar. From 1993 to 1997, he served with the Securities Commission of Malaysia, specialising in areas of policy Mr Justice Collin Lawrence Sequerah has served in several formulation and review, and law and regulatory reform. He law fi rms prior to being called to the Bench. Among the co-authored the business rules for MESDAQ in 1997.

(From left to right) YA Tuan Collin Lawrence Sequerah, YA Datuk Wong Kian (From left to right) YAA Tan Sri Zulkifl i Ahmad Makinuddin, YAA Tun Arifi n Zakaria, Kheong, YA Puan Noreen Badaruddin, YA Datuk Azimah Omar, YAA Tan Sri Raus YA Tuan Azizul Azmi Adnan, YAA Tan Sri Raus Sharif, and YAA Tan Sri Datuk Seri Sharif, YAA Tun Arifi n Zakaria, YAA Tan Sri Zulkifl i Ahmad Makinuddin, YA Dato' Panglima Richard Malanjum. Nordin Hassan, YA Dato' Mat Zara'ai Alias, and YA Dato' Azmi Arifi n.

JUL-SEP 2014 | PRAXIS 37 NEWS Malaysia News

Ambiga, A Samad Said Chair Newly Formed Negara-Ku

A newly formed movement, Negara-Ku, consisting of 68 civil society groups and non- governmental organisations (“NGOs”), hopes to empower Malaysians to reclaim the nation from racism and extremism which are being allowed to grow. Negara-Ku is co-chaired by Datuk Ambiga Sreenevasan and national laureate Datuk A Samad Said. According to Datuk Ambiga, the movement wished to see Malaysia return to its three core documents — the Federal Constitution, the Malaysia Agreement of 1963, and the Rukunegara. Datuk Samad pointed out that religion was being used to deﬁ ne identity and to polarise Malaysians, further adding that a sub-culture of political violence was emerging. – The Star Online

MH17 Shot Down

A Malaysia Airlines Boeing 777 aircraft has been shot down over eastern Ukraine near the Russian border on 17 July, and all 298 people on board, killed. MH17 was fl ying from Amsterdam to Kuala Lumpur when it was shot down by a surface-to-air missile at 33,000 feet, approximately 20 miles before entering Russian airspace. There were 193 Dutch nationals on board the plane, along with 43 Malaysians (including 15 crew members), 27 Australians, 12 Indonesians, 10 Britons, four each from Germany and Belgium, three from the Philippines, one Canadian and one from New Zealand. A group of international HIV/Aids experts fl ying to Melbourne for the International Aids Conference 2014 was among those killed, including world-renowned AIDS researcher Joep Lange. The crash came just four months after another Malaysia Airlines fl ight, MH370, vanished en route from Kuala Lumpur to Beijing. – The Sun Online/The Guardian/The Sydney Morning Herald

Twitter Outrage after UMNO Lawyer’s High Court Orders Return of CDs Containing “Menses” Remark the Word “Allah” to Melanau Clerk

Umno lawyer, Datuk Mohd Hafarizam Harun, who suggested The High Court ordered the return of eight Christian CDs that menstruating women are not suitable to head the containing the word “Allah” which the Home Ministry had Selangor state government, has been roundly condemned conﬁ scated from Jill Ireland at the then Low-Cost Carrier by Malaysians, who took to the social media to express their Terminal (“LCCT”) in Sepang in 2008. Judge Datuk Zaleha shock and disbelief. Hafarizam, in remarks believed to be on Yusof, while ordering the return of the CDs to the Melanau speculation that PKR president Dr Wan Azizah Wan Ismail clerk, did not set a time frame for it to be complied. Ireland’s could replace Tan Sri Khalid Ibrahim as the Selangor Menteri lawyer Annou Xavier said that they would decide on the next Besar, was quoted by the New Straits Times on 15 July as course of action after the CDS were returned. On 11 May saying that a woman may not be a suitable candidate as 2008, oﬃ cials seized eight Christian CDs from Ireland at the she has menses. Padang Serai MP, N. Surendran, described LCCT, prompting her to challenge the seizure in court. The Hafarizam's remark “stupid, disgusting and demeaning”, while CDs, which Ireland had bought in Indonesia for personal use, lawyer Syahredzan Johan expressed his shock, tweeting: bore titles such as “Cara Hidup Dalam Kerajaan Allah”, “Hidup “Can't believe that Umno’s legal advisor actually said that Benar Dalam Kerajaan Allah” and “Ibadah Yang Benar Dalam menses prevents a woman from becoming MB! Atrocious!” Kerajaan Allah”. – The Malaysian Insider Some Twitter users also poked fun at the remark, such as Toon Ser Anthraxxxx who wrote: “In Bolehland, having menses can bar you from becoming the menteri besar.” – The Malaysian Insider

38 PRAXIS | JUL-SEP 2014 NEWS Regional News Plus-sized Parking Spaces for China’s Women Drivers

The parking slots at the Dashijiedaduhui — or “World Metropolis” — centre have sparked debate in China, which oﬃ cially embraces gender equality but where old-fashioned sexism is rife in reality. The mall, in the centre of the northern port city of Dalian, stands out from other Chinese shopping malls, by providing 10 spaces outside the main entrance, marked in pink, signposted “Respectfully reserved for women”, and around 30 cm wider than normal. While many have accused the mall managers of sexism and clichéd thinking, mall managers denied the allegation, and claimed that they merely wanted to make things easier for women, who make up most of the mall’s customers. – The Malaysian Insider/AFP

Five Burmese Journalists Jailed for 10 Years for a Single News Report

Five journalists in Myanmar have been sentenced to 10 years in prison for “disclosing state secrets” after their newspaper reported on the building of an alleged chemical weapons factory. Their trial began in February following the article’s publication the month before. Their paper, the Unity Journal, has been forced to close due to the costs needed to organise the defence of the fi ve men. The fi ve are Unity Journal’s chief executive, Thin San, and four editorial staff — Lu Maw Naing, Yarzar Oo, Paing Thet Kyaw and Sithu Soe. They were convicted under the 1923 Burma State Secrets Act. The report that prompted the men’s arrest quoted factory workers as saying that chemical weapons were being produced at the factory in Pauk, a town in Myanmar’s largest region of Magway. It also claimed that Chinese technicians were often seen at the factory. – IPI/Reuters/AP via Al- Jazeera/New York Times/Radio Free Asia/The Guardian

Sudan’s Death Row’s Meriam Ibrahim Released after International Outcry

A Christian woman on death row in a Sudanese prison has been released on the orders of a court in Khartoum following an international outcry over her sentence and treatment. Meriam Ibrahim, 27, had been sentenced to 100 lashes for adultery and to be hanged for apostasy after refusing to renounce her faith. Her case led to an international campaign, drawing in political and religious leaders, celebrities and human rights organisations, including Hillary Clinton, Tony Blair, Jesse Jackson and Justin Welby, the archbishop of Canterbury. Her newborn daughter, Maya, and her toddler son, Martin, were incarcerated with her. Under Sudanese law, it is forbidden for a Muslim woman to marry a Christian man. However, Ibrahim claimed in court that she had been brought up as a Christian by her mother after her Muslim father left the family. – The Guardian

Singapore Amends Copyright Act with Aim to Leeds Big Six Lawyer Numbers Slump as City’s Stop Online Piracy Legal Market Reinvents Itself

Rights holders in Singapore will now be able to apply to the Lawyer and partner numbers among Leeds’ “Big Six” law courts for injunctions directing network service providers to fi rms — Addleshaw Goddard, DLA Piper, Eversheds, Pinsent block access to fl agrantly infringing websites — without having Masons, Squire Patton Boggs and Walker Morris — have to fi rst establish their liability for copyright infringement. The dropped in the past fi ve years. Research carried out shows amendment to the Copyright Act aims to curb online piracy that total staff numbers employed by the six fi rms in Leeds and better protect intellectual property in the republic. Rights have dropped markedly since 2009. Addleshaw’s total staff owners will have the right to be heard during a blocking order count in Leeds has reduced by 14 per cent, Eversheds’ by application and the receiving party will also have the right 31.2 per cent, Pinsents’ by 12.9 per cent, and Squire Patton to appeal. Under the amendments passed in Parliament on Boggs’ by 3.6 per cent. Walker Morris’ staff numbers have July 8, website owners can also apply to revoke or vary the dropped by 22.5 per cent, and DLA Piper will not provide a order, depending on how the website has been modifi ed to the breakdown of headcount for Leeds. Only Addleshaw and order. The Act was also amended to allow people with reading Walker Morris have increased their total lawyer headcounts disabilities better access to copyrighted material. – TODAY/ since 2009. Despite the drop in numbers, fi rms maintain they The Malay Mail Online are committed to Leeds, which is the second-largest UK legal market outside London. – thelawyer.com

JUL-SEP 2014 | PRAXIS 39 CONTINUING PROFESSIONAL DEVELOPMENT (“CPD”) CPD Calendar for Training (July to September 2014)

Date CPD Code CPD Training Course Organiser CPD Practice Area Points 11–13 T2/1113082013/ILKAP/KL1441/10 Course on Psychology of Eﬀ ective Institut Latihan 10 Skills Training Aug Communication and Persuasion in Kehakiman dan Court Perundangan 13–Aug T3/13082014/KLB/KLB1432/5 Workshop on Basic Conveyancing Kuala Lumpur Bar 5 Conveyancing Practice Committee 20–Aug T2/20082014/ILKAP/KL1424/6 Seminar on Administration of Institut Latihan 6 Child Law Justice for Child Safety, Care and Kehakiman dan Protection Perundangan 22–Aug T3/22082014/SLB/SLB3067/2 Introduction of Hibah Selangor Bar 2 Islamic Law Committee 2–4 T2/0204092014/ILKAP/KL1425/10 Workshop on The Techniques of Institut Latihan 10 Skills Training Sept Legal Opinion Writing Kehakiman dan Perundangan 2–4 T2/0204092014/ILKAP/KL1426/10 Bengkel Kemahiran Perundingan Institut Latihan 10 Skills Training Sept (Negotiation Skills) Kehakiman dan Perundangan 8–10 T2/0810092014/ILKAP/KL1427/10 Kursus Kesan Insolvensi Ke Atas Institut Latihan 10 Conveyancing Sept Pengurusan dan Urus Niaga Kehakiman dan Hartanah Perundangan 10–Sep T2/10092014/ILKAP/KL1428/6 Seminar Fenomena Pemikiran Islam Institut Latihan 6 Islamic Law Liberal dan Pluralisme Agama: Kehakiman dan Implikasinya Kepada Kedudukan Perundangan Islam Sebagai Agama Bagi Persekutuan 24–26 T3/2426092014/BC/IMLC3798/16 International Malaysia Law Bar Council 16 IMLC Sept Conference 2014 26–Sep T3/26092014/SLB/SLB3068/2 Negotiation for Leaders Selangor Bar 2 Skills Training Committee

40 PRAXIS | JUL-SEP 2014 CONTINUING PROFESSIONAL DEVELOPMENT (“CPD”)

Data presented is based on information recorded and processed by the CPD Department and may be adjusted/modiﬁ ed by updates provided by the diﬀ erent providers.

Data of Number of Events Organised by Bar Council/State Bar Committees: 1 July 2012 – 25 June 2014

Organiser 1 July 200 2012 – 31 183 Mar 2014 180

Bar Council 183 160 142 Johore 24 140

Kedah 9 120

Kedah/Perlis 8 100 Kelantan 5 80 55 Kuala Lumpur 142 60 41 Malacca 16 40 31 24 22 24 Negeri Sembilan 14 16 14 19 19 20 9 8 8 5 3 Pahang 22 0 Penang 31 Kedah Perak Perlis Johore Pahang Penang Perak 19 Kelantan Malacca Selangor Bar Council Kedah/Perlis Terengganu Kuala Lumpur YBGK Training Perlis 3 Negeri Sembilan Advocacy Training

Selangor 55 Regional Training Series Terengganu 8 Advocacy Training 24 Regional Training Series 19 YBGK Training 41 TOTAL 623

Data of Number of Events Organised by Provider Categories

Accredited Courses 1 July 2012 – 25 June 2014 563 Commercial course 138 providers International 14 organisations Government 26 organisations Academic institutions 14 Non-governmental 3 19 organisations 41 138 Professional bodies 29 91 14 29 26 In-house legal training 91 3 14

Legal Aid Centre 41 Commercial course providers Professional bodies

Regional Training Series 19 International organisations In-house legal training Bar Council, State Bars 563 Government organisations Legal Aid Centre including Advocacy Academic institutions Regional Training Series Training Non-governmental organisations Bar Council, State Bars including Advocacy Training Total 938

JUL-SEP 2014 | PRAXIS 41 CONTINUING PROFESSIONAL DEVELOPMENT (“CPD”)

Data of Total Participant Numbers for Events Record as at 25 June 2014

Year 2012 2013 2014 Total 30000 Total events 185 478 275 938 25000 Total participants 8,089 15,830 3,672 27,591

Data recorded to date: 20000 2012 Based on 143 out of 185 events 2013 Based on 359 out of 478 events 15000 2014 Based on 82 out of 275 events

10000 All data recorded is based on attendance lists provided by the organisers of the individual events. Data entry is done manually therefore the data entry may be subject 5000 to human error. 0 All data entered is veriﬁ ed based on records provided 2012 2013 2014 Total to date. Total events Total participants

Data of Participation based on Attainment of CPD points as at 25 June 2014

No of CPD Points No of No of Members and pupils in chambers who have attained between 1 and 16 CPD Members points and more: and 1 July 2012 – 25 June 2014 (Total 8,538 out of 15,827 Members and 1,640 pupils in pupils in chambers) chambers 1600 1 412

2 1,484 1400 3 646

4 589 1200 5 468 6 537 1000 7 597 8 390 800 9 279 600 10 461 11 236 400 12 356 13 201 200 14 189

15 151 0 1 2 3 4 5 6 7 8 9101112131415161718192021 16 213 17 (17–20) 483 Total who have attained one CPD point or more: 8,538 Members and pupils in chambers 18 (21–30) 591 19 (31–40) 177 20 (41–50) 47 22 (more than 60 31 points) Zero CPD points 8,929 TOTAL 17,467

42 PRAXIS | JUL-SEP 2014 LexisNexis® Legal Terminology RM

99.00

As our country practices a bilingual legal system, it is an advantage for Key Benefits the student or practitioner of law to have the ability to be conversant in multiple languages. The use of correct legal terminology in translating cause papers, judgments, letters and other legal This publication is an essential reference which contains translations documents is essential. of legal terms from: LexisNexis Legal Terminology is a compilation of concise translations of legal jargon commonly used in the courts and the legal fraternity. t English to Bahasa Malaysia The terms in this book are compiled by the LexisNexis Reports team t Bahasa Malaysia to English who liaise closely with court officials to accurately translate t Arabic to English judgments and other legal documents on a daily basis. This gives them the skill to give translations of legal terms a practical edge and For ease of reference, Latin terms are italicised and some entries precision. have the same legal terms in both languages. The standard bilingual dictionaries are insufficient in the preparation of legal documentations as the technicalities in legal terminologies The wide applications of legal terminologies will make this publication require a different approach in translation. LexisNexis Legal an indispensable tool not only to those in the legal arena but also for Terminology is an essential reference tool where the LexisNexis those who have encounters with the law. Reports team had ploughed through various authoritative sources to ensure the accuracy of the translations. For Enquiry, please contact our Log on to Helpdesk at 1800.88.8856 or http://twitter.com/LexisNexisMY www.lexisnexis.com/store/my Email: [email protected] or http://www.facebook.com/ to browse and purchase books online Twitter: @HelpLNMY LexisNexisMalaysia

An authoritative online tool to aid legal practitioners and professionals in their Lexis PSL myriad of challenges faced in contemporary legal practice. Fast. Trusted. Current. Just what you want your research to be Fast t Access checklists, forms and easy to follow ﬂowcharts to simplify your workﬂow t Intelligent search across practice areas that takes you straight to the answers you need tttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttt Trusted

t Authoritative content including Butterworths, Halsburys & Tolleys allows you to practice with conﬁdence t Developed by specialist lawyers, expert contributors and consulting editorial boards tttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttt Current

t Customise daily alerts to stay up to date with legal developments relevant to you t News analysis of latest legal developments

“For us, speed and accessibility are crucial. I estimate that we are now spending at least 25 per cent less time on research.” Helen Thompson, Head of Dispute Resolution, SAS Daniels

For enquiries, please contact our Regional Contact Centre at: MALAYSIA Tel: 1800.88.8856 Email: [email protected] @HelpLNMY SINGAPORE Tel: +65.6349.0110 Email: [email protected] @HelpLNSG BAR UPDATES/NOTICES New Admissions to the Malaysian Bar (As at time of publication)

DATE CALLED Farhan Alia Binti Ahmed NO NAME FIRM NAME 39 Zulhaimi & Co 7-Mar-14 TO THE BAR Othman 1 Azman Bin Sidek Azman Sidek & Co 8-Nov-13 40 Fatin Sara Binti Zulkifl i Mohd Akhir & Partners 23-Mar-14 Chambers of Mathavan, 41 Fazeedah Binti Faik - 24-Jan-14 2 Asma'I Binti Abdul Rauf 22-Nov-13 Suzana & Premita Tarmizi Marzuki & 42 Fathiyyah Binti Zulkifl i 21-Mar-14 The Law Offi ces Of Sulaiman Abdullah Abbas Bin Abdul 3 Bernard Francis & 4-Apr-14 43 Foo Qiao Wei Chia & Lee 15-May-14 Munir Associates 44 Farah Afi qah Binti Nordin Rastam Singa & Co 24-Jan-14 4 Ainnur Liyana Binti Ya'akub Salleh & Co 22-Nov-13 45 Faridah Husna Binti Hashim T.Jayaraj & Company 8-May-14 5 Azizah Binti Manan Nor Fadilah M. Amin 24-Jan-14 Khairuddin Lina Leong 46 Gan Yu Ru 3-May-13 Ahmad Mujahid Bin Abdul & Co 6 Azri & Co 20-Feb-14 Rahman 47 Gan Fei Ying Kington Tan Dzul 21-Mar-14 7 Abu Daud Bin Abu Samah Rosli Kamaruddin & Co 23-Mar-14 Wong Lu Peen & Tunku 48 Gary Tan Lin How 21-Mar-14 Amritpal Singh a/l Satvindar Alina 8 Saleha Tahir & Partners 20-Mar-14 Singh 49 Gan Shin Lein Ti- Hazalan & Co 20-Feb-14 9 Amiera Bt Abdul Halim P K Yong & Co 28-Feb-14 50 Goon Wan Jing Kadir Andri & Partners 9-May-14 10 Astaletchumi a/p Nadarajah Asta & Co 9-Nov-12 51 Hong Su-Zhen Raslan Loong 28-Feb-14 11 Avinash Vinayak Pradhan Christopher & Lee Ong 5-Nov-83 Wan Haron Sukri & 52 Hashim Bin Che Yusoff 31-Dec-83 Abu Zahar Syed Mohd Nordin 12 Al-Afi q Bin Burhanuldin 21-Mar-14 Fuad & Partners 53 Haziq Bin Othman Ikbal Salam & Assoc. 23-Mar-14 13 Anwar Bin Ab. Raof Anwar Raof & Co 11-Jan-07 54 Haslinda Binti Abu Bakar Hazri Hanafi & Partners 14-Mar-95 Amardeep Singh Toor a/l Amar Lee Hishammuddin Hana Hadinah Binti S. Mohd 14 5-May-14 55 Zaid Ibrahim & Co 20-Apr-12 Singh Allen & Gledhill Ghazali 15 Amir Zulkifl i Bin Abdul Latif Swan & Partners 10-Mar-14 56 Hasrina Binti Hakimi Bahari & Bahari 24-Jan-14 Ahmad Maliki Bin Ahmad Ravi Moorthi Noriza 16 28-Feb-14 57 Ikram Bin Ibrahim Syahrul & Hamidi 10-Mar-14 Marzulai Mala & Partners 58 Ida Roziana Binti Ab Rahman Iza Ng Yeoh & Kit 22-Nov-13 Azlinda Ayob & 17 Azmu Syuhaida Binti Ayob 8-May-14 59 Irene Tan Ai Ling Loi & Co 21-Jan-11 Associates Maxwell Kenion Cowdy 60 Intan Surayya Binti Abdul Halim 21-May-14 18 Asilah Binti Awang Man Omar Aff andi & Teh 25-May-14 & Jones 19 Awatif Binti Ahmad Bashir Lalchand & Nawawi 21-May-14 61 Jasmin Kaur a/p Hardial Singh Zaid Ibrahim & Co 6-Dec-13 20 Ahmad Syahman Bin Ishak Omar Aff andi & Teh 23-May-14 62 Jahanara Binti Mohd Abu Bakar Thayalan & Associates 3-Jan-14 Salehuddin Saidin & 21 Ahmad Faris Bin Kharudin 30-Apr-14 63 Jeff rey Lee Chi Hur Ranjit Singh & Yeoh 4-Apr-14 Associates 64 Khairul Ariffi n Bin Abd Rahman Shahrizal & Nasir 3-May-12 22 Anne Shoba Moses Vello Kader & Shah 26-Jun-14 65 Kho Kok Peng TJ Khoo & Co 19-Apr-13 23 Amir Irshad Bin Abdul Rashid Zairul Zain & Syed 20-Mar-14 66 Kasturi a/p C. Thanabalan Zawiyah & Partners 29-Nov-13 24 Ahmad Soleh Bin Yusof Yusof Rahmat & Co 12-Jun-14 67 Khairul Aiman Bin Yusoff Looi Tee Tan & Partners 25-Apr-14 25 Balwinder Singh a/l Jit Singh Saleem Gill & Partners 7-Feb-14 Kelvinder Singh a/l Kulwant Balwant Singh Sidhu B. Nanthakumar A/L 68 24-Jan-14 26 Nanthakumar Co 14-May-12 Singh & Co Balasubramaniam Kamala Saraswathy a/p 69 Dhyan & Co 23-May-14 27 Carmelia Cheong Yee-Ling Logan Sabapathy & Co 21-Mar-14 Kathiravellu Lee Hishammuddin 28 Chan Tay Lai 24-Oct-13 70 Khairul Anis Shafi kah Bt Sape'I Chung, Huang & Khalid 17-Jul-13 Allen & Gledhill 71 Loganathan a/l P L Suppiah P.L. Suppiah & Co 21-Mar-14 29 Chong Sook Voon Lim Han Boon & Co 22-Nov-13 72 Loke Min Wei Jeyaratnam & Chong 22-Nov-14 30 Chen Li Ling Gary Teh & Ngiam 24-Jan-14 Teh Kim Teh Salina 73 Lee Peng Peng 22-Nov-13 31 Chuah Shyue Chien Freda Sabapathy & Co 12-Aug-11 & Co 32 Chai Shwu Pyng Raja Darryl & Loh 15-Nov-13 Lau Kok Guan Liana & Simon Hue & 74 Lee Ji Xuan 23-Mar-14 33 Carlye Hue 21-Mar-14 Associates Associates The Law Offi ce of Lim Diyana Binti Abd Gani @ Abd 75 Lim Seng Hock 20-Jul-12 34 S P Veloo & Co 21-Mar-14 Seng Hock Ghani 76 Lim Fei Voon Joana Teh & Lee 9-May-14 Dewi Ratu Noor Ashikin Binti 35 Khamdan & Co 4-Jul-13 77 Lee Kah Ling Zul Rafi que & Partners 9-May-14 Roslan 78 Lim Su Ann Sern & Lee 15-May-14 36 Devika a/p R.Suppiah Maniam & Co 2-Apr-14 79 Loke Yi Hua Joanne Murad Yee Partnership 6-Sep-13 37 Elisa Nadia Binti Omar Zul Rafi que & Partners 29-Nov-13 80 Liew Huai Lan Foong & Partners 27-Nov-13 38 Fang Huey Yiing HK Ang & Partners 13-Dec-13 81 Lau Shee Cheng Yeo & Partners 12-Jul-13

44 PRAXIS | JUL-SEP 2014 BAR UPDATES/NOTICES

Mohd Falihin Kamil Bin Nur Nadia Hani Binti 82 Sazali & Lim 24-Feb-14 121 Salina Taib & Co 21-Mar-14 Mohamed Sazali Kamaruddin 83 Muhammad Asyraf Bin Abd Aziz Zain Megat & Murad 7-Feb-14 Jamadi Fauzi Firdaus 122 Nur Fatin Binti Azli 30-Jan-14 Mohamad Dhiyaulhaq Bin Abdullah 84 Zain Megat & Murad 7-Feb-14 Mohamed Arifi n 123 Ng Wee Li Lim & Yeoh 8-Nov-13 Masniah Hasanah Binti Nurul Aainaa Syaiirah Binti 85 Swan & Partners 22-Feb-13 124 Lim Han Boon & Co 24-Jan-14 Mohamed Mohd Hanafi ah 86 Muhammad Fuzail Bin Rahmat Amrit & Company 7-Feb-14 Manjit Singh Sachdev Mohammad Sufi Bin T C Chong & Rakan 125 Nurueza Binti Mohammad Mohammad Radzi & 4-Apr-14 87 23-Oct-13 Mohammad Sukor Rakan Partners 88 Monaliza Binti Ibrahim Putra Ray & Partners 28-Feb-14 Ibrahim Nik Junainah & 126 Nurul Aqidah Binti Othman 20-Sep-13 Hisham Fatimah Clio Assoc. 89 Mariana Binti Osman 10-Mar-14 & Co 127 Nurul Ashikin Binti Shaarani Shukor Baljit & Partners 4-Apr-14 Mohd Izzat Afi fi Bin Hj Abdul 128 Nor Shakira Binti Zainal Zul Rafi que & Partners 28-Feb-14 90 Nik Saghir & Ismail 7-Feb-14 Hamid 129 Norafi qah Hani Binti Ismail K.Ganesh & Associates 21-Mar-14 91 Mohd Izhar Bin Ahmad Azmi Nagarajan Peri & Co 10-Mar-14 130 Nor' Aqilah Binti Abdul Halim Othman And Associates 6-Dec-13 Rusmah Arunan & Lachaman Lalchand & 92 Mazlin Binti Ahmad 21-Mar-14 131 Nishanti a/p Subramaniam 25-Apr-14 Assoc. Associates Muhammad Ridhwan Bin Nur Izyan Yatimi Binti M.N. Nidzamuddin & 93 Abu Bakar & Yong 7-Feb-14 132 21-Mar-14 Jalaludin Mohammad Ramli Associates 94 Mona Hazratulaswati Binti Fauzi Hazratul & Co 21-Jun-13 Teh Beng - Yeam & 133 Nurrul Afi fah Binti Ismail 6-Dec-13 S M Nasir Hussaini Associates 95 Muhamad Fairul Ezany Bin Said 28-Feb-14 & Co 134 Najwa Binti Rosli Abu Talib Shahrom 27-Apr-12 Mohamad Salahuddin Bin Abdul Theselim Mohd Sahal 135 NoorFateha Bte Abd Wahab Gan & Zul 28-Feb-14 96 24-Jan-14 Ghani & Co 136 Nur Syafawati Binti Sulaiman B L Chong & P Y Tay 20-Mar-14 Mohamad Shaqib Bin 137 Nadiah Binti Zulkifl i Fahda Nur & Yusmadi 21-Mar-14 97 Raja Darryl & Loh 7-May-12 Shamsher Mohamad 138 Noor Aini Binti Meor Aziz As-Sidek & Mohd Noor 28-Feb-14 98 Mohd Dzull Ikram Bin Zollbahrin Suria Kumar & Co 9-May-14 139 Nadzatul Amirah Binti Hashim Wajdi Shamsul & Co 7-Feb-14 99 Mohd Afi q Bin Abdullah Abu Bakar & Yong 7-Feb-14 140 Najwa Izzatty Binti Abd Razak Eidah Sulaiman & Co 6-Mac-14 Muhammad Eizaaz Bin Nicole Alexander Chong Zhi 100 Omar Aff andi & The 21-Mar-14 141 Kandiah & Sri 9-May-14 Muhammad Redzuan wan Mohamad Firdaus Bin 142 Norhafi zan Binti Mat Yasin Abu Bakar & Yong 28-Feb-14 101 Dianna Noor & Partners 21-Mar-14 Baharudin 143 Ng Kee Way Ng Kee Way & Co 22-May-14 102 Mohamad Asyraf Bin Zakaria Azhar Fazuny 20-Mar-14 Manjit Singh Sachdev, Nazmalinda Binti Mohamad Soo Thien Ming & 144 Mohammad Radzi & 23-May-14 103 Muhammad Fuad Bin Md Sabri 23-May-14 Nasir Nashrah Partners 104 Mohamad Husaini Bin Hussein Othman Hashim & Co 23-May-14 Basharuddin Fa'izie 145 Nur Wasilah Binti Abdul Ghani 23-May-14 105 Melissa Ong Bee Ying H S Chew & Co 15-May-14 Iskandar Chambers of Rafi e Rosni Haida Rohayati & 146 Nurul Yusnafamieza Binti Yusuff 30-Aug-13 106 Mohamad Hafi z Bin Kamis Mohd Shafi e & 24-Jan-14 Associates Associates 147 Nur Raemma Binti Rahman Zahir Razak & Co 24-Jan-14 107 Norman Bin Mohd Nasir Aziatul & Associates 22-Oct-12 Norlailatul Syahirah Binti Mohd Yusof Endut & 148 4-Oct-13 Rahman Hashim & Mohamad Abdullah Associates 108 Nor Zahidah Binti Zakaria 8-Nov-13 Partners 149 Nur Hidayah Binti Mohd Radzi Mohtar Man & Co 25-Apr-14 109 Nuradilla Binti Che Alias Fariz Halim & Co 3-Jul-13 150 Nurul Husna Binti Halim Siau Suen Miing & Tan 25-May-14 Noraizah Bahari & 151 Nur Syakira Binti Mostaff a Fatin & Zaharman 20-Feb-14 110 Nor Anisa Binti Muhamad Radzi 10-Oct-12 Associates 152 Ong Kit Wee Ron Ong & Associates 6-Dec-13 111 Nur Juzaliana Binti Jusoh Fariz Halim & Co 3-Jul-13 153 Ong Chern Yii Lai & Associates 1-Nov-13 112 Ng Sheau Ling Wong Beh & Toh 10-Mar-14 Vicknaraj, R D Ratnam Rushdi Yusop & 154 Phang Zheng Jack Rajesh Kumar & 4-Apr-14 113 Nurul Ain Binti Azmi 30-Jan-14 Partners Associates Arshad Azhari & Krishna Dallumah 114 Nur Farahain Binti Sharif 21-Mar-14 155 Pung Jenn Jiang 22-May-14 Associates Manian & Indran 115 Ng Yih Jia Albar & Partners 28-Feb-14 Karunamoorthy & 156 Prasanna a/p Karunamoorthy 3-May-13 116 Nurhidayah Binti Yazid IKbal Salam & Assoc. 9-Jan-14 Associates 117 Nur Syuhada Binti Baharum - 10-Mar-14 157 R. Eling Prayitno Bin Raun R. Eling & Co 13-Dec-13 118 Nur Shuhada Binti Zulkifl i Khairil & Co 10-Mar-14 158 Rehah Binti Ismail Norma Ismail & Co 24-Jan-14 119 Nur Ain Binti Mohd Fauzi - 29-Nov-13 159 R. Kalaiyarasi a/p Rajasekaran B.Rukumani & Co 16-Jul-10 Abdul Raman Saad & Tawfeek Badjenid & 120 Nadhirah Binti Abdul Rahman 13-Dec-13 160 Rohaiza Bte Ibrahim 25-Apr-14 Associates Partners 161 Rostila Binti Mohamad Nor Hayati & Nourlind 9-May-13

JUL-SEP 2014 | PRAXIS 45 BAR UPDATES/NOTICES

162 Shahman a/l Sangaran Chooi & Co 24-Jan-14 Turgeswary a/p Kannisah @ 186 Norendra & Yap 8-Jan-14 Nik Hisham Fakihah Kanesoh 163 Siti Zainab Binti Ayob 21-Mar-14 & Co Tengku Najiha Binti Tingku Aniza Varghese & 187 15-Jun-12 164 Sufyan Bin Abu Bakar Mugu & Sufyan & Co 20-Jul-07 Zahari Partners 165 Sylvia Sze Yi Albar & Partners 28-Feb-14 Tengku Yusri Bin Tengku 188 Chris Koh & Chew 21-Mar-14 166 Safi yya Binti Azman Aff endi Zahari 10-Mar-14 Deraman 167 Sangheetaa A/p Phary Rahmat Lim & Partners 4-Apr-14 S. Ravichandaran & 189 Tharuny a/p Palanysamy 23-May-14 168 Syarmeen Amira Binti Hasnul Rastam Singa & Co 24-Jan-14 Anuar 169 Samihah Binti Mohd Yusuff J.Lee & Associates 28-Mar-14 190 Ungku Masmera Binti U Farouk Ikbal Salam & Assoc. 9-Feb-14 Sareekha Roslyna Binti Mohd 191 Ummi Sulaim Binti Amran Mansur & Yazrudin 28-Feb-14 170 Neela 10-Mar-14 Rosly 192 Uzair Bin Fauziddin Uzair Fauziddin & Co 29-Mar-13 Siti Nursakina Binti Mohamed Lim Chok Hiann & 193 U Wai Bing Chua & Gan 7-Feb-14 171 4-Oct-13 Yusoff Puspita Vaneshaa a/p R.Ramakrishnan Bodipalar Ponnudurai 194 28-Feb-14 Sudesh Kumar a/l Naidu De Silva 172 Scully Yoon 4-Apr-14 Chandramohan 195 Vitwat Sae Ng Zaid Ibrahim & Co 13-Dec-13 173 Shasha Aquliah Binti Aziz Ganesh & Co 9-May-14 Wan Aminatul Aisyah Binti 196 Seow & Megat 8-May-14 174 Syarmimi Binti Rashid Kadir Andri & Partners 4-Apr-14 Kamaruddin 175 Sai Wan Jia Majid & Chen 19-Dec-13 Wan Nor Nazra Bt. Wan Azmi Norah & 197 20-Feb-14 176 Subashini a/p Ganesan H.Y. Lee & Co 23-May-14 Nazoha Associates SH. Norkatijah Zahir Khan 198 Wong Jyh Ling Richard Wee & Yip 23-May-14 177 Azrul Afi fi & Azuan 28-Feb-14 Binti Ali 199 Wong Ai Wen Chooi & Company 21-Mar-14 178 Supardi Bin Tullah Mozni Sham & Co 9-May-14 Wan Nur Amirah Binti Wan 200 Hisham Chong & Co 9-May-14 179 Siti Khodijah Binti Hassan Hasri SY Ho & Partners 23-May-14 Aman 180 Sulaiman Bin Harmain Shah Sulaiman H Shah & Co 12-Jun-14 Amin & Wern Li 201 Yim Yen Fatt 22-Nov-13 Tengku Nazihah Hanis Binti T Sidek Teoh Wong & Associates 181 21-Mar-14 Abd Nawawi Dennis Krishna Dallumah 202 Yong Yoong Hui 22-May-14 182 Tan Su Wei Skrine 28-Feb-14 Manian & Indran 183 Tey Mei Zhern Rahmat Lim & Partners 21-Mar-14 203 Zatil Farhah Binti Basri T K Ooi & Nadira 28-Feb-14 184 Tan Yi Qing C H Lee Nora 3-Sep-12 204 Zamsiatul Zeema Binti Haron Tay Puay Chuan & Co 6-Mar-14 185 Tee Yeen Yeen Dennis Nik & Wong 11-Oct-13 205 Zhafarul Muhamad Bin Zolkefl i Jasdev Chambers 7-Feb-14 List of Departed Members (As at time of publication)

SIJIL V/187 Vincent Paul Rayappan 16/5/2014 ANNUAL DEPARTED MEMBERS DATE OF DEATH S/946 Sharifah Zubaidah Binti Wan Yep Mohdzar 17/5/2014 NO C/279 Che Khalid Bin Md Ali 18/5/2014 Y/157 Yeo Heng Yueh 25/4/2014 C/32 Cheah Kam Chiew 24/5/2014 I/29 Ismael Bin Alabas 21/4/2014 R/714 Rosliana Binti Abdullah 4/6/2014 L/172 Leong Tang Chong 1/5/2014 G/142 Ganesa K Sinnadurai 3/6/2014 I/2 Idris Bin Idros - Notice Regarding Bar Council Circulars and E-Blasts The Bar Council Secretariat issues circulars and e-blasts. This is an issue of concern In order to be added to our e-mail mailing list approximately 30 circulars and e-blasts each since circulars are the primary means by which and to register for full access to the website, month. Because of the high cost involved, the we communicate with Members, to keep you please send an e-mail to us at webreg@ practice of issuing hard-copy circulars came to informed of important developments aff ecting malaysianbar.org.my or contact us by an end in 2008. Today, we issue less than fi ve the legal profession, as well as information on telephone at 0303-2050 2050 2021. hard-copy circulars a year; the rest are sent by events and benefi ts for Members. e-mail alone. Similarly, the Malaysian Bar website contains Based on our records, approximately 40% of a wealth of information for Members. Certain Members are still not on our e-mail mailing areas of the website are only accessible if you list, and hence not receiving the Bar Council have a login ID and password.

46 PRAXIS | JUL-SEP 2014 BAR UPDATES/NOTICES Summary of Circulars (April to June 2014)

Circular No 075/2014 | Moving Forward on the Continuing Professional Development Circular No 110/2014 | Appointments of Deputy Registrar/Senior Assistant Registrar Scheme at Principal Registries to Manage Cases under the Security Off ences (Special th At the 68 Annual General Meeting (“AGM”) of the Malaysian Bar held on 15 Mar 2014, the Measures) Act 2012 Bar Council proposed a schedule of implementation dates for the mandatory CPD Scheme. Access this circular for more details. Although the proposed schedule of dates was not accepted by the House at that AGM, the Bar Council reaffi rms its commitment to continue working on and improving the CPD Scheme, Circular No 111/2014 | Revised Rates of Payment to Lawyers and Training in Selangor, and will in due course present to the House a new proposed eff ective date (or dates) for the Kedah and Johore for Yayasan Bantuan Guaman Kebangsaan implementation of the mandatory CPD Scheme. Access this circular for more details. Access this circular for more details. Circular No 077/2014 | Meeting between Bar Council and the Judiciary on 6 Jan 2014 Circular No 123/2014 | Liberalisation of Legal Services Bar Council members met with YAA Tun Arifi n b Zakaria, Chief Justice of the Federal Court of With the coming into force of amendments to the Legal Profession Act 1976 and the Legal Malaysia, and other members of the Judiciary on 6 Jan 2014 to discuss issues relating to court Profession (Licensing of International Partnerships and Qualifi ed Foreign Law Firms and matters and the administration of justice. Registration of Foreign Lawyers) Rules 2014 on 3 June 2014, foreign law fi rms and foreign lawyers will now be permitted to practise in Peninsular Malaysia in the manner set out in the The following issues were discussed: legislation and the Rules. Access this circular for more details.

(1) Fixing of Hearing Dates Circular No 124/2014 | Pekeliling Ketua Pendaftar Bil 1 Tahun 2014 | Writ Penyitaan (2) Costs in the Court of Appeal dan Penjualan — Permohonan Pelaksanaan Writ di Luar Bidangkuasa Mahkamah di (3) Adverse Impact of Increase in Filing Fees and Imposition of High Costs mana Writ Difailkan (4) Amendment to Section 96 of the Courts of Judicature Act 1964 Access this circular for more details. (5) Written Judgments by Court of Appeal Judges Circular No 125/2014 | Accountant’s Report 2013 (6) Prohibition against Retired Judges Appearing in Court as Counsel Pursuant to section 79 of the Legal Profession Act 1976, sole proprietors or partners are (7) Feedback from State Bar Chairmen required to submit the Accountant’s Report 2013 in respect of the client accounts maintained during the year 2013 for the issuance of Sijil Annual 2015, unless exempted pursuant to rule 6 Access this circular for more details. of the Accountant’s Report Rules 1990. Members were requested to deliver their Accountant’s Circular No 084/2014 | Nota Amalan No 1 Tahun 2013: Perekodan Prosiding secara Report 2013 to the Bar Council. Access this circular for more details. Mekanikal | Nota Amalan No 2 Tahun 2013: Eksibit yang Dikemukakan di Mahkamah Circular No 126/2014 | Arahan Amalan Bil 3 Tahun 2014 | Pemprosesan Rayuan Kes- Perusahaan Kes Sivil dari Mahkamah Rendah ke Mahkamah Tinggi dan Pembayaran Deposit Access this circular for more details. Rayuan Circular No 086/2014 | Arahan Amalan Bil 2 Tahun 2014 | Pengendalian Siasatan Access this circular for more details. Kematian (Death Inquiry) Selaras dengan Penubuhan Mahkamah Khas Koroner Circular No 127/2014 | Arahan Amalan Bil 4 Tahun 2014 Access this circular for more details. Access this circular for more details. Circular No 087/2014 | Introduction of New Digital Certifi cate: Issues and Recommended Actions Circular No 128/2014 | Arahan Amalan Bil 5 Tahun 2014 | Bayaran Pemfailan bagi Access this circular for more details. Penghakiman Ingkar Dipinda oleh Mahkamah Access this circular for more details. Circular No 091/2014 | Coming into Force of Construction Industry Payment and Adjudication Act 2012 Circular No 129/2014 | Arahan Amalan Bil 6 Tahun 2014 | Penolakan Deposit bagi Kos Please be informed that the Construction Industry Payment and Adjudication Act 2012 Pelaksanaan Berkaitan Writ Pelaksanaan (“CIPAA”), which was gazetted on 22 June 2012, came into force on 15 Apr 2014. The Access this circular for more details. Construction Industry Payment and Adjudication Regulations 2014 and the Construction Circular No 130/2014 | Arahan Amalan Bil 7 Tahun 2014 | Format Khas bagi Notis Industry Payment and Adjudication (Exemption) Order 2014 were both also implemented on 15 Tunjuk Sebab di bawah Aturan 52 Kaedah 2B Kaedah-Kaedah Mahkamah 2012 Apr 2014 to complement CIPAA. Access this circular for more details. Access this circular for more details. Circular No 095/2014 | Arahan Pertukaran Yang Arif Hakim Mahkamah Tinggi Bil Circular No 131/2014 | Arahan Amalan Bil 8 Tahun 2014 | Pemfailan Dokumen di bawah 1/2014 Aturan 92 Kaedah 1(4) Kaedah-Kaedah Mahkamah 2012 Access this circular for more details. Access this circular to view the adopted resolutions. Circular No 097/2014 | Anti-Money Laundering and Anti-Terrorism Financing Circular No 132/2014 | Request for Feedback on Memorandum to Amend Section 95 (Declaration of Specifi ed Entities and Reporting Requirements) Order 2014 of the Law Reform (Marriage and Divorce) Act 1976 Please be informed that the Anti-Money Laundering and Anti-Terrorism Financing (Declaration Access this circular for more details. of Specifi ed Entities and Reporting Requirements) Order 2014 came into force on 7 Apr 2014. Circular No 134/2014 | Nota Amalan Bil 2 Tahun 2014: Pemfailan dan Penyerahan Access this circular for more details. secara Elektronik Access this circular for more details. Circular No 100/2014 | Arahan Amalan Pendaftar Mahkamah Tinggi Malaya Bil 1/2014 Access this circular for more details. The list above highlights some items featured in Bar Council’s “Circulars”, which were sent out to Members of the Bar between April to June 2014. Access the Malaysian Bar website Circular No 101/2014 | Search Tool on E-Filing Website to Check Case Management at www.malaysianbar.org.my to view these in full. Please note that some “Circulars” are Dates for New Cases only accessible if you are a registered user of the Malaysian Bar website. Access this circular for more details. General Information on Matters Discussed at Bar Council Meetings (April to June 2014)

Bar Council Committees for the 2014/2015 Term Bar Council has approved the list of committees for the 2014/2015 term to deal with practice areas and other areas of concern, as well as each committee’s Chairperson/Co-Chairpersons. Circular No 108/2014 dated 21 May 2014 was issued to invite Members of the Bar, particularly those who have been in practice for fewer than ﬁ ve years, to serve as committee members. Collaboration with Tindak Malaysia and BERSIH 2.0 on Voter Education Campaign Bar Council is collaborating with Tindak Malaysia and BERSIH 2.0 on a voter education campaign regarding the Election Commission’s exercise of redelineating electoral constituencies. Roadshows will be held nationwide as part of this campaign.

JUL-SEP 2014 | PRAXIS 47 BAR UPDATES/NOTICES

Broker for the Malaysian Bar’s Professional Indemnity Insurance Scheme 2015 Jardine Lloyd Thompson Sdn Bhd has been reappointed as the broker for the Malaysian Bar’s Professional Indemnity Insurance Scheme 2015. Bar Council will commence negotiations on policy terms and conditions soon.

The list above highlights some items featured in Bar Council’s “General Statements”, which were sent out to Members of the Bar between April to June 2014. Access the Malaysian Bar website at www.malaysianbar.org.my to view these in full. Please note that “General Statements” are only accessible if you are a registered user of the Malaysian Bar website. Library Update (26 Mar to 30 June 2014)

BILLS 2014 AMENDING ACTS 2014

TITLE PUBLICATION DATE ACT NO: TITLE

Goods and Services Tax Act 2014 [D.R. 2/2014] 3 April 2014 ACT PREVENTION OF CRIME (AMENDMENT AND EXTENSION) ACT 2014 A1459 Notes:- Amends long title by substituting for the words “in Peninsular” the word Inland Revenue Board Of Malaysia (Amendment) Act 2014 12 June 2014 “throughout”, ss.1,2,4,6,7,9,10,11,12,14,15,16,18,19,21,22,23, [DR.9/2014] - Inserts new preamble before section 1, ss.7A,7B,9A,15A, 21A, Part IVA (ss.19A- 19F), Sch.3 Malaysia Co-operative Societies Commission (Amendment) Act 2014 12 June 2014 - Deletes s.5 [DR.8/2014] w.e.f.: 2.4.2014

Price Control And Anti-Proﬁ teering (Amendment) Act 2014 12 June 2014 ACT PRISON (AMENDMENT) ACT 2014 [DR.7/2014] A1460 Notes:- Amends s.7, Prison Act 1995 [Act 537] w.e.f.: 3.4.2014 Private Higher Educational Institutions (Amendment) Act 2014 12 June 2014 [DR.4/2014] ACT JUDGES’ REMUNERATION (AMENDMENT) ACT 2014 A1462 Notes: - Amends ss.1A, 8, 15B - Deletes Sch. 3 and Sch.4 Promotion Of Investments (Amendment) Act 2014 [DR.5/2014] 12 June 2014 w.e.f.:- 1.1.2014 – ss. 2, 4, 5 and 6; w.e.f.:- 1.7.2013 – s.3 Supplementary Supply (2013) Act 2014 [D.R. 1/2014] 27 March 2014

Supplementary Supply (2014) Act 2014 [DR.6/2014] 12 June 2014 LATEST INDEX TO P.U.(A) SERIES 2014 Yayasan Guru Tun Hussein Onn Act 2014 [D.R. 3/2014] 17 April 2014 [P.U.(A) 80/2014] – P.U.(A) 174/2014] As at 30 June 2014

PRINCIPAL ACTS 2012 TITLE P.U.(A) NO ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING ACT 2001 143/2014 ACT NO: TITLE [ACT 613] ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING (AMENDMENT ACT 746 CONSTRUCTION INDUSTRY PAYMENT AND ADJUDICATION ACT 2012 OF SECOND SCHEDULE) ORDER 2014 An Act to facilitate regular and timely payment, to provide a mechanism for speedy Issued under s. 85, Anti-Money Laundering and Anti-Terrorism Financing Act dispute resolution through adjudication, to provide remedies for the recovery of 2001 payment in the construction industry and to provide for connected and incidental Notes.:- Amends Sch. 2, Anti-Money Laundering and Anti-Terrorism Financing Act matters. 2001, [Act 613] w.e.f.:- 15.4.2014 – [P.U.(B) 124/2014]. w.e.f.:- 28.5.2014

ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING ACT 2001 93/2014 [ACT 613] PRINCIPAL ACTS 2014 ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING (DECLARATION OF SPECIFIED ENTITIES AND REPORTING REQUIREMENTS) ACT NO: TITLE ORDER 2014 Issued under ss.66B and 66D, Anti-Money Laundering and Anti-Terrorism ACT 762 GOODS AND SERVICES TAX ACT 2014 Financing Act 2001 Notes: - An Act to provide for the imposition and collection of goods and services w.e.f.:- 8.4.2014 tax and for matters connected therewith. ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING ACT 2001 144/2014 - Repeals Sales Tax Act 1972 [Act 64] and Service Tax Act 1975 [Act 151] [ACT 613] w.e.f.:- N.Y.F. ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING (INVOCATION OF PART IV) ORDER 2014 ACT SUPPLEMENTARY SUPPLY (2013) ACT 2014 Issued under s. 8(1), Anti-Money Laundering and Anti-Terrorism Financing Act A1461 Notes: - An Act to apply a sum from the Consolidated Fund for additional expenditure 2001 for the service of the year 2013 and to appropriate that sum for certain purposes for Notes.:- Provisions of sections 16 and 18 of the Act shall be invoked in respect that year. of persons licensed to carry on money services business as deﬁ ned in the Money w.e.f.:- 13.6.2014 Services Business Act 2011 w.e.f.:- 28.5.2014

ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING ACT 2001 85/2014 AMENDING ACTS 2012 [ACT 613] ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING (SECURITY ACT NO: TITLE COUNCIL RESOLUTIONS) (AL-QAIDA AND TALIBAN) (AMENDMENT) ORDER 2014 ACT LEGAL PROFESSION (AMENDMENT) ACT 2012 Issued under ss.66C and 66D, Anti-Money Laundering and Anti-Terrorism A1444 Notes: - Amends ss.13,37,76,80,93,94,99,100,103,103A,103B,103C,103D,103E,105 Financing Act 2001 and 107 Notes.:- Amends para 3, 4 and 5, Anti-Money Laundering and Anti-Terrorism - Inserts New Part IVA (ss.40A-40O), ss.92A,103EA and 103EB, Financing (Security Council Resolutions) (Al-Qaida and Taliban) Order 2011, [P.U.(A) w.e.f.:- 3.6.2014 – [P.U.(B) 262/2014] 402/2011] - Revokes the Anti-Money Laundering and Anti-Terrorism Financing (Security Council Resolutions) (Al-Qaida and Taliban) Order 2011 – Corrigendum [P.U.(A) 49/2014] w.e.f.:- 3.4.2014

AMENDING ACTS 2013 AUDIT ACT 1957 [ACT 62] 95/2014 AUDIT (AMENDMENT OF FIRST SCHEDULE) ORDER 2014 ACT NO: TITLE Issued under s.11, Audit Act 1957 Notes:- Amends Sch.1, Audit Act 1957 ACT LEGAL PROFESSION (AMENDMENT) ACT 2012 (AMENDMENT) ACT 2013 w.e.f.:- 1.1.2013 A1455 Notes: - Amends ss.1,3 and 4, Legal Profession (Amendment) Act 2012 [Act A1444] w.e.f.:- 3.6.2014 – [P.U.(B) 263/2014] ACT LEGAL PROFESSION (AMENDMENT) ACT 2013 A1456 Notes: - Amends s. 38 and inserts new s.37A w.e.f.:- 3.6.2014 – [P.U.(B) 264/2014]

48 PRAXIS | JUL-SEP 2014 BAR UPDATES/NOTICES

BANK KERJASAMA RAKYAT MALAYSIA BERHAD (SPECIAL PROVISIONS) ACT 123/2014 COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 81/2014 1978 [ACT 202] CUSTOMS (ANTI-DUMPING DUTIES) ORDER 2014 BANK KERJASAMA RAKYAT MALAYSIA BERHAD (AMENDMENT OF FIRST Issued under s.25, Countervailing and Anti-Dumping Duties Act 1993 and SCHEDULE) 2014 s.11(1), Customs Act 1967 Issued under s.5(2)(a), Bank Kerjasama Rakyat Malaysia Berhad (Special w.e.f.:- for the period of 5 years from 30.3.2014 to 29.3.2019 Provisions) Act 1978 Notes.:- Amends Sch.1, Bank Kerjasama Rakyat Malaysia Berhad (Special Provisions) COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 155/2014 Act 1978 CUSTOMS (ANTI-DUMPING DUTIES) (EXPEDITED REVIEW) ORDER 2014 w.e.f.:- 2.5.2014 Issued under s. 28B(1), Countervailing and Anti-Dumping Duties Act 1993 and s.11(1), Customs Act 1967 CENTRAL BANK OF MALAYSIA ACT 2009 [ACT 701] 80/2014 w.e.f.:- 5.6.2014 CENTRAL BANK OF MALAYSIA (IMPLEMENTATION OF THE UNITED NATIONS SECURITY COUNCIL RESOLUTIONS RELATING TO THE DEMOCRATIC CREDIT REPORTING AGENCIES ACT 2010 [ACT 710] 142/2014 REPUBLIC OF CONGO) REGULATIONS 2014 CREDIT REPORTING AGENCIES (REGISTRATION) REGULATIONS 2014 Issued under s.82, Central Bank of Malaysia Act 2009 Issued under s.72(2)(A), Credit Reporting Agencies Act 2010 Notes:- Revokes the Central Bank of Malaysia (Implementation of the United Nations w.e.f.:- 15.4.2014 Security Council Resolutions 1596 (2005), 1649 (2005), 1698 (2006), 1768 (2007), 1771 (2007), 1799 (2008),1807 (2008), 1857 (2008),1896 (2009), 1952 (2010) and CUSTOMS ACT 1967 [ACT 235] 160/2014 2021 (2011) relating to the Democratic Republic of Congo) Regulations 2012 [P.U.(A) CUSTOMS (AMENDMENT) REGULATIONS 2014 215/2012] Issued under s.142, Customs Act 1967 w.e.f.:- 26.3.2014 Notes:- Amends regs. 19 and 25, Customs Regulations 1977, [P.U.(A)162/1977] w.e.f.:- 1.7.2014 CONSTRUCTION INDUSTRY PAYMENT AND ADJUDICATION ACT 2012 [ACT 104/2014 746] CUSTOMS ACT 1967 [ACT 235] 81/2014 CONSTRUCTION INDUSTRY PAYMENT AND ADJUDICATION (EXEMPTION) CUSTOMS (ANTI-DUMPING DUTIES) ORDER 2014 ORDER 2014 Issued under s.11(1), Customs Act 1967 and s.25, Countervailing and Anti- Issued under s.40(b), Construction Industry Payment and Adjudication Act 2012 Dumping Duties Act 1993 Notes:- Exempts a Government construction contract as speciﬁ ed in the First w.e.f.:- for the period of 5 years from 30.3.2014 – 29.3.2019 Schedule from all provisions of the Act. w.e.f.:- 15.4.2014 CUSTOMS ACT 1967 [ACT 235] 155/2014 CUSTOMS (ANTI-DUMPING DUTIES) (EXPEDITED REVIEW) ORDER 2014 Issued under s.11(1), Customs Act 1967 and s. 28B(1), Countervailing and Anti- CONSTRUCTION INDUSTRY PAYMENT AND ADJUDICATION ACT 2012 [ACT 103/2014 Dumping Duties Act 1993 746] w.e.f.:- 5.6.2014 CONSTRUCTION INDUSTRY PAYMENT AND ADJUDICATION REGULATIONS 2014 Issued under s.39, Construction Industry Payment and Adjudication Act 2012 CUSTOMS ACT 1967 [ACT 235] 159/2014 w.e.f.:- 15.4.2014 CUSTOMS (IMPORT LICENCE FEE FOR MOTOR VEHICLE) (AMENDMENT) REGULATIONS 2014 Issued under s.142(15), Customs Act 1967 CONTROL OF PADI AND RICE ACT 1994 [ACT 522] 91/2014 Notes:- Amends Sch. Customs (Import Licence Fee for Motor Vehicle) Regulations CONTROL OF PADI AND RICE (LICENSING OF IMPORTERS AND EXPORTERS) 2009, [P.U.(A) 491/2009] (AMENDMENT) REGULATIONS 2014 w.e.f.:- 18.6.2014 Issued under s.29, Control of Padi and Rice Act 1994 Notes.:- Amends Sch., Control of Padi and Rice (Licensing of Importers and Exporters) Regulations 1994, [P.U.(A) 264/1994] CUSTOMS ACT 1967 [ACT 235] 172/2014 w.e.f.:- 5.4.2014 CUSTOMS (PROHIBITION OF IMPORTS) (AMENDMENT) (NO.2) ORDER 2014 Issued under s.31(1), Customs Act 1967 Notes:- Amends Sch.4, Customs (Prohibition of Imports) Order 2012, [P.U.(A) CONTROL OF PADI AND RICE ACT 1994 [ACT 522] 92/2014 490/2012] CONTROL OF PADI AND RICE (LICENSING OF PADI PURCHASERS) w.e.f.:- 1.7.2014 (AMENDMENT) REGULATIONS 2014 Issued under s.29, Control of Padi and Rice Act 1994 Notes:- Amends reg.3, Sch., Control of Padi and Rice (Licensing of Padi Purchasers) DIRECT SALES AND ANTI-PYRAMID SCHEME ACT 1993 [ACT 500] 99/2014 Regulations 1996, [P.U.(A) 625/1996] DIRECT SALES (AMENDMENT) REGULATIONS 2014 w.e.f.:- 5.4.2014 Issued under ss.6,16,17,18,23,24,26 and 44, Direct Sales and Anti-Pyramid Scheme Act 1993 Notes:- Amends regs.3,4, and deletes Sch.A and B, Direct Sales Regulations 1993, CONTROL OF PADI AND RICE ACT 1994 [ACT 522] 90/2014 [P.U.(A) 128/1993] CONTROL OF PADI AND RICE (LICENSING OF RICE MILLS) (AMENDMENT) w.e.f.:- 15.4.2014 REGULATIONS 2014 Issued under s.29, Control of Padi and Rice Act 1994 Notes.:- Amends reg.4 and Sch. ,Control of Padi and Rice (Licensing of Rice Mills) ELECTION COMMISSION ACT 1957 [ACT 31] 152/2014 Regulations 1996, [P.U.(A) 626/1996] ELECTION COMMISSION (AMENDMENT OF SCHEDULE) REGULATIONS 2014 w.e.f.:- 5.4.2014 Issued under s.12, Election Commission Act 1957 Notes:- Amends Sch., Election Commission Act 1957 [Act 31] w.e.f.:- 1.1.2013 CONTROL OF PADI AND RICE ACT 1994 [ACT 522] 89/2014 CONTROL OF PADI AND RICE (LICENSING OF WHOLESALERS AND RETAILERS) (AMENDMENT) REGULATIONS 2014 ELECTRICITY SUPPLY ACT 1990 [ACT 447] 136/2014 Issued under s.29, Control of Padi and Rice Act 1994 ELECTRICITY (AMENDMENT) (NO 2) REGULATIONS 2014 Notes.:- Amends regs.4,9,Sch., Control of Padi and Rice (Licensing of Wholesalers Issued under s.53, Electricity Supply Act 1990 and Retailers) Regulations 1996, [P.U.(A) 624/1996] Notes:- Amends Sch 2, Electricity Regulations 1994 [P.U.(A) 38/1994] w.e.f.:- 5.4.2014 w.e.f.:- 23.5.2014

CONTROL OF SUPPLIES ACT 1961 [ACT 122] 137/2014 ENVIRONMENTAL QUALITY ACT 1974 [ACT 127] 151/2014 CONTROL OF SUPPLIES (CONTROLLED ARTICLES) (NO.2) ORDER 2014 ENVIRONMENTAL QUALITY (CLEAN AIR) REGULATIONS 2014 Issued under s. 5, Control of Supplies Act 1961 Issued under ss. 21 and 51, Environmental Quality Act 1974 w.e.f.:- 24.5.2014 Notes:- Revokes the Environmental Quality (Clean Air) Regulations 1978, [P.U.(A) 280/1978] and the Environmental Quality (Dioxin and Furan) Regulations 2004, [P.U.(A) 104/2004] CONTROL OF SUPPLIES ACT 1961 [ACT 122] 94/2014 w.e.f.:- 5.6.2014 CONTROL OF SUPPLIES (EXEMPTION) ORDER 2014 Issued under s.5A, Control of Supplies Act 1961 w.e.f.:- 8.4.2014 EXCISE ACT 1976 [ACT 176] 164/2014 EXCISE (AMENDMENT) REGULATIONS 2014 Issued under s.85, Excise Act 1976 CO-OPERATIVE SOCIETIES ACT 1993 [ACT 502] 173/2014 Notes:- Amends Sch 3, Excise Regulations 1977, [P.U.(A) 161/1977] CO-OPERATIVE SOCIETIES (ASSUMPTION OF CONTROL) (REAPPOINTMENT) w.e.f.:- 1.7.2014 ORDER 2014 Issued under s.69(2)(a) and s.69A(2), Co-operative Societies Act 1993 w.e.f.:- 26.6.2014 EXCISE ACT 1976 [ACT 176] 162/2014 EXCISE (BOTTLING AND MOVEMENT OF INTOXICATING LIQUORS) (AMENDMENT) REGULATIONS 2014 CO-OPERATIVE SOCIETIES ACT 1993 [ACT 502] 174/2014 Issued under s.85, Excise Act 1976 CO-OPERATIVE SOCIETIES (ASSUMPTION OF CONTROL) (REAPPOINTMENT) Notes:- Amends Sch 3, Excise (Bottling and Movement of Intoxicating Liquors) (NO.2) ORDER 2014 Regulations 1977, [P.U.(A)158/1977] Issued under s.69(2)(a) and s.69A(2), Co-operative Societies Act 1993 w.e.f.:- 1.7.2014 w.e.f:- 26.6.2014 EXCISE ACT 1976 [ACT 176] 165/2014 CO-OPERATIVE SOCIETIES ACT 1993 [ACT 502] 158/2014 EXCISE (CONTROL OF TODDY AND TODDY SHOPS) (AMENDMENT) CO-OPERATIVE SOCIETIES (KOPERASI USAHA MAWAH BERHAD) REGULATIONS 2014 (EXEMPTION) ORDER 2014 Issued under ss.39 and 85, Excise Act 1976 Issued under s.87, Co-operative Societies Act 1993 Notes:- Amends reg. 4 and 9, Excise (Control of Toddy and Toddy Shops) Regulations Notes.:- Exempts Koperasi Usaha Mawah Berhad from the application of subsection 1977, [P.U.(A) 157/1977] 43(4) of the Act for the purpose of the appointment of the members of the Board of w.e.f.:- 1.7.2014 Koperasi Usaha Mawah Bhd w.e.f.:- 16.6.2014

JUL-SEP 2014 | PRAXIS 49 BAR UPDATES/NOTICES

EXCISE ACT 1976 [ACT 176] 163/2014 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 84/2014 EXCISE (LICENSING BOARDS) (AMENDMENT) REGULATIONS 2014 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) Issued under s.85, Excise Act 1976 (JAMBATAN SULTAN ABDUL HALIM MU’ADZAM SHAH) ORDER 2014 Notes:- Amends reg.19, Excise (Licensing Boards) Regulations 1977, [P.U.(A) Issued under s.2, Federal Roads (Private Management) Act 1984 155/1977] w.e.f.:- 1.4.2014 w.e.f.:- 1.7.2014 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 157/2014 EXCISE ACT 1976 [ACT 176] 161/2014 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) (SENAI- EXCISE (SALE BY RETAIL OF INTOXICATING LIQUOR BY CHEMISTS) PASIR GUDANG-DESARU EXPRESSWAY) (AMENDMENT) ORDER 2014 (AMENDMENT) ORDER 2014 Issued under s. 2, Federal Roads (Private Management) Act 1984 Issued under s.32(3), Excise Act 1976 Notes:- Amends Sch 1, Federal Roads (Private Management) (Collection of Tolls) Notes:- Amends para 5, Excise (Sale by Retail of Intoxicating Liquor by Chemists) (Senai-Pasir Gudang-Desaru Expressway) Order 2011, [P.U.(A) 231/2011] Order 1977, [P.U.(A)154/1977] w.e.f.:- 1.1.2014 w.e.f.:- 1.7.2014 FEDERAL ROADS (PRIVATE MANAGEMENT ) ACT 1984 [ACT 306] 114/2014 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 115/2014 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) (SHAH FACTORIES AND MACHINERY (EXEMPTION TO MALAYSIA LNG SDN. BHD., ALAMEXPRESSWAY) (AMENDMENT) ORDER 2014 BINTULU, SARAWAK) ORDER 2014 Issued under s.2, Federal Roads (Private Management) Act 1984 Issued under s.55(3), Factories and Machinery Act 1967 Notes:- Amends para.2 and Sch,2, Federal Roads (Private Management) (Collection w.e.f.:- 25.4.2014 of Tolls) (Shah Alam Expressway) Order 1999, [P.U.(A) 69/1999] w.e.f.:- 24.4.2014 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 128/2014 FACTORIES AND MACHINERY (EXEMPTION TO FPG OLEOCHEMICALS SDN. FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 145/2014 BHD., KUANTAN, PAHANG) ORDER 2014 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) (SOUTH Issued under s.55(3), Factories and Machinery Act 1967 KLANG VALLEY EXPRESSWAY) (AMENDMENT) ORDER 2014 w.e.f.:- 20.5.2014 Issued under s.2, Federal Roads (Private Management) Act 1984 Notes:- Amends Sch 1, Federal Roads (Private Management) (Collection of Tolls) FACTORIES AND MACHINERY ACT 1967 [ACT 139] 129/2014 (South Klang Valley Expressway ) Order 2013 ,[P.U.(A) 309/2013] FACTORIES AND MACHINERY (EXEMPTION TO PETRON MALAYSIA REFINING w.e.f.:- 1 .1 .2014 & MARKETING BERHAD, PORT DICKSON, NEGERI SEMBILAN) ORDER 2014 Issued under s.55(3), Factories and Machinery Act 1967 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 126/2014 w.e.f.:- 20.5.2014 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) (SUNGAI BESI HIGHWAY) ORDER 2014 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 133/2014 Issued under s.2, Federal Roads (Private Management) Act 1984 FACTORIES AND MACHINERY (EXEMPTION TO PETRONAS CHEMICALS Notes:- Revokes the Federal Roads (Private Management) (Collection of Tolls) (Sungai AMMONIA SDN. BHD., KERTEH, TERENGGANU) ORDER 2014 Besi Highway) 2004, [P.U.(A) 280/2014] Issued under s.55(3), Factories and Machinery Act 1967 w.e.f.:- 15.5.2014 w.e.f.:- 21.5.2014 FEES ACT 1951 [ACT 209] 127/2014 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 132/2014 FEES (VISA ON ARRIVAL) ORDER 2014 FACTORIES AND MACHINERY (EXEMPTION TO PETRONAS GAS BERHAD, Issued under s. 3, Fees Act 1951 CENTRALISED UTILITY FACILITIES, KUANTAN, PAHANG) ORDER 2014 Notes:- Applies to tourist who is a citizen of India or the People’s Republic of China. Issued under s.55(3), Factories and Machinery Act 1967 w.e.f.:- 15.5.2014 w.e.f.:- 21.5.2014 FIRE SERVICES ACT 1988 [ACT 341] 125/2014 FACTORIES AND MACHINERY ACT 1967 [ACT 139] 131/2014 FIRE SERVICES (AUXILIARY FIRE OFFICER) REGULATIONS 2014 FACTORIES AND MACHINERY (EXEMPTION TO PETRONAS GAS BERHAD FOR Issued under s. 62(1)(f), Fire Services Act 1988 GAS PROCESSING PLANT 5, COMPLEX B, PAKA, TERENGGANU) ORDER 2014 w.e.f.:- 8.5.2014 Issued under s.55(3), Factories and Machinery Act 1967 w.e.f.:- 21.5.2014 INCOME TAX ACT 1967 [ACT 53] 168/2014 DOUBLE TAXATION RELIEF (THE GOVERNMENT OF THE REPUBLIC OF FACTORIES AND MACHINERY ACT 1967 [ACT 139] 96/2014 POLAND) ORDER 2014 FACTORIES AND MACHINERY (SPECIAL SCHEME OF INSPECTION) (RISK- Issued under s.132(1), Income Tax Act 1967 and s.65A(1), Petroleum (Income BASED INSPECTION) REGULATIONS 2014 Tax) Act 1967 Issued under s.56(1), Factories and Machinery Act 1967 w.e.f.:- 24.6.2014 w.e.f.:- 1.6.2014 INCOME TAX ACT 1967 [ACT 53] 170/2014 FEDERAL ROADS ACT 1959 [ACT 376] 83/2014 INCOME TAX (ASSET-BACKED SECURITIZATION) REGULATIONS 2014 FEDERAL ROADS (SECOND PENANG BRIDGE) (AMENDMENT) ORDER 2014 Issued under para. 36(1)(a)(v) and para 36(1)(b), Income Tax Act 1967 Issued under s.3, Federal Roads Act 1959 w.e.f.:- y/a 2013 Notes:- Amends the title by substituting for the words “(SECOND PENANG BRIDGE)” the words “(JAMBATAN SULTAN ABDUL HALIM MU’ADZAM SHAH)”, para.1,2 and INCOME TAX ACT 1967 [ACT 53] 169/2014 Sch, Federal Roads (Second Penang Bridge) Order 2014 , [P.U.(A) 51/2014] INCOME TAX (DEDUCTION FOR EXPENDITURE IN RELATION TO VENDOR w.e.f.:- 1.4.2014 DEVELOPMENT PROGRAMME) RULES 2014 Issued under para. 154(1)(b) and para 33(1)(d), Income Tax Act 1967 FEDERAL ROADS ACT 1959 [ACT 376] 113/2014 w.e.f.:- y/a 2014 FEDERAL ROADS (SHAH ALAM EXPRESSWAY) ORDER 2014 Issued under s.3, Federal Roads Act 1959 INCOME TAX ACT 1967 [ACT 53] 150/2014 Notes:- Revokes the Federal Roads (Shah Alam Expressway) Order 1998, [P.U.(A) INCOME TAX (EXEMPTION) ORDER 2014 133/1998] Issued under s.127(3)(b), Income Tax Act 1967 w.e.f.:- 24.4.2014 Notes:- Exempts a qualifying company for the basis period for a year of assessment from the payment of income tax in respect of its statutory income derived from a FEDERAL ROADS ACT 1959 [ACT 376] 101/2014 business of providing fund management services to business trust or real estate FEDERAL ROADS (SUNGAI BESI HIGHWAY) ORDER 2014 investment trust in Malaysia which is managed in accordance with Syariah principles Issued under s.3, Federal Roads Act 1959 and certiﬁ ed by the Securities Commission. w.e.f.:- 15.4.2014 w.e.f.:- y/a 2014 – y/a 2016

FEDERAL ROADS ACT 1959 [ACT 376] 100/2014 INCOME TAX ACT 1967 [ACT 53] 166/2014 FEDERAL ROADS (SUNGAI BESI HIGHWAY) (REVOCATION) ORDER 2014 INCOME TAX (EXEMPTION) (NO.2) ORDER 2014 Issued under s.3, Federal Roads Act 1959 Issued under para. 27(3)(b), Income Tax Act 1967 Notes:- Revokes the Federal Roads (Sungai Besi Highway) Order 1999, [P.U.(A) Notes:- Minister exempts a qualifying person resident in Malaysia from the payment 198/1999] of income tax in respect of ﬁ fty percent of its statutory income derive from a qualifying w.e.f.:- 15.4.2014 activity for a period of ﬁ ve consecutive years of assessment commencing from the year of assessment in the basis period immediately after the exemption period. FEDERAL ROADS ACT 1959 [ACT 376] 105/2014 w.e.f.:- y/a 2011 FEDERAL ROADS (WEST MALAYSIA) (AMENDMENT) (NO.5) ORDER 2014 Issued under s.3, Federal Roads Act 1959 INCOME TAX ACT 1967 [ACT 53] 167/2014 Notes:- Amends Sch.1, Federal Roads (West Malaysia) Order 1989, [P.U.(A) 401/1989] INCOME TAX (EXEMPTION) (NO.3) ORDER 2014 w.e.f.:- 15.4.2014 Issued under para. 27(3)(b), Income Tax Act 1967 Notes:- Exempts an angel investor, in respect of his aggregate income for the basis FEDERAL ROADS ACT 1959 [ACT 376] 130/2014 period for a year of assessment, from the payment of income tax in the second year of FEDERAL ROADS (WEST MALAYSIA) (AMENDMENT) (NO.6) ORDER 2014 assessment following the year of assessment in which an investment is made by the Issued under s.3, Federal Roads Act 1959 angel investor in an investee company. Notes:- Amends Sch 5, Federal Roads (West Malaysia) (Amendment) (No.6) Order, w.e.f.:- 1.1.2013 [P.U.(A) 401/1989] w.e.f.:- 1 .6 .2014 INCOME TAX ACT 1967 [ACT 53] 171/2014 INCOME TAX LEASING (AMENDMENT) REGULATIONS 2014 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 146/2014 Issued under s.36(1), Income Tax Act 1967 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) Notes:- Inserts reg.5, Income Tax Leasing Regulations 1986, [P.U.(A) 131/1986] (GUTHRIE CORRIDOR EXPRESSWAY) (NO.2) (AMENDMENT) ORDER 2014 w.e.f.:- y/a 2013 Issued under s.2, Federal Roads (Private Management) Act 1984 Notes:- Amends para 2 and Sch 1, Federal Roads (Private Management) (Collection of Tolls) (Guthrie Corridor Expressway) (No.2) Order 2005, [P.U.(A) 298/2005] w.e.f.:- 1 .1 .2012

50 PRAXIS | JUL-SEP 2014 BAR UPDATES/NOTICES

INTERNATIONAL TRADE IN ENDANGERED SPECIES ACT 2008 [ACT 686] 124/2014 PREVENTION OF CRIME ACT 1959 [ACT 297] 86/2014 INTERNATIONAL TRADE IN ENDANGERED SPECIES (EXEMPTION OF PREVENTION OF CRIME (ADVISORY BOARD PROCEDURE) REGULATIONS REGISTRATION FEES) ORDER 2014 2014 Issued under s.52, International Trade in Endangered Species Act 2008 Issued under s.23, Prevention of Crime Act 1959 Notes:- Exempts any person, company or organization which is engaged in the w.e.f.:- 3.4.2014 activity as a planter or cultivator of Karas tree (Aquilaria spp.) in Peninsular Malaysia, Sabah, the Federal Territory of Putrajaya and the Federal Territory of Labuan from the PREVENTION OF CRIME ACT 1959 [ACT 297] 122/2014 registration fee required under regulation 3 of the International Trade in Endangered PREVENTION OF CRIME (AMENDMENT OF FIRST AND SECOND SCHEDULE) Species (Permit, Certifi cate, Registration and Fees) Regulations 2009, [P.U.(A) ORDER 2014 459/2009] and applicable only for the planter or cultivator of Karas tree (Aquilaria Issued under s.22, Prevention of Crime Act 1959 spp.) with the total stand of trees equal to or less than 2,000 trees or with the harvest Notes:- Amends Sch.1 and 2, Prevention of Crime Act 1959 area that is equal to or less than 2 hectares. w.e.f.:- 2.5.2014 - This Order shall apply to Peninsular Malaysia, Sabah, the Federal Territory of Putrajaya and the Federal Territory of Labuan. PREVENTION OF CRIME ACT 1959 [ACT 297] 87/2014 w.e.f.: - 6.5.2014 PREVENTION OF CRIME (DETAINED PERSONS) REGULATIONS 2014 Issued under para.23(2)(ba), Prevention of Crime Act 1959 ISLAMIC FINANCIAL SERVICES ACT 2013 [ACT 759] 149/2014 w.e.f.:- 3.4.2014 ISLAMIC FINANCIAL SERVICES (PRESCRIBED DATES FOR ISLAMIC DEPOSITS) ORDER 2014 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 138/2014 Issued under s.288, Islamic Financial Services Act 2013 PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM w.e.f.:- 4.6.2014 PRICE) (NO.2) ORDER 2014 Issued under s.4, Price Control and Anti-Profi teering Act 2011 LEGAL PROFESSION ACT 1976 [ACT 166] 148/2014 w.e.f.:- 25.5.2014 – 31.5.2014 LEGAL PROFESSION (LICENSING OF INTERNATIONAL PARTNERSHIPS AND QUALIFIED FOREIGN LAW FIRMS AND REGISTRATION OF FOREIGN PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 140/2014 LAWYERS) RULES 2014 PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM Issued under s.400, Legal Profession Act 1976 PRICE) (NO.3) ORDER 2014 w.e.f.:- 3.6.2014 Issued under s.4, Price Control and Anti-Profi teering Act 2011 w.e.f.:- 25.5.2014 – 2.6.2014 MALAYSIA CO-OPERATIVE SOCIETIES COMMISSION ACT 2007 [ACT 665] 117/2014 MALAYSIA CO-OPERATIVE SOCIETIES COMMISSION (CENTRAL LIQUIDITY PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 139/2014 FUND) (AMENDMENT) REGULATIONS 2014 PRICE CONTROL AND ANTI-PROFITEERING (PRICE MARKING OF PRICE- Issued under s.42(3), Malaysia Co-operative Societies Commission Act 2007 CONTROLLED GOODS) (NO.2) ORDER 2014 Notes:- Amends reg.9, Malaysia Co-operative Societies Commission (Central Issued under s.10, Price Control and Anti-Profi teering Act 2011 Liquidity Fund) Regulations 2010, [P.U.(A) 292/2010] w.e.f.:- 25.5.2014 – 31.5.2014 w.e.f.:- 1.5.2014 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 141/2014 MALAYSIA DEPOSIT INSURANCE CORPORATION ACT 2011 [ACT 720] 107/2014 PRICE CONTROL AND ANTI-PROFITEERING (PRICE MARKING OF PRICE- MALAYSIA DEPOSIT INSURANCE CORPORATION (DIFFERENTIAL PREMIUM CONTROLLED GOODS) (NO.3) ORDER 2014 SYSTEMS IN RESPECT OF DEPOSIT-TAKING MEMBERS) (AMENDMENT) Issued under s.10, Price Control and Anti-Profi teering Act 2011 REGULATIONS 2014 w.e.f.:- 25.5.2014 – 2.6.2014 Issued under s.53, Malaysia Deposit Insurance Corporation Act 2011 Notes:- Amends Sch., Malaysia Deposit Insurance Corporation (Diff erential Premium Systems in respect of Deposit-Taking Members) Regulations 2011, [P.U.(A) 34/2011] PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 111/2014 w.e.f.:- y/a 2014 - PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE PUBLICATIONS) (NO.4) ORDER 2014 Issued under s.7(1), Printing Presses and Publications Act 1984 MALAYSIAN RUBBER BOARD (INCORPORATION) ACT 1996 [ACT 551] 119/2014 Notes:- The printing, importation, production, reproduction, publishing, sale, issue, MALAYSIAN RUBBER BOARD (LICENSING AND PERMIT) REGULATIONS 2014 circulation, distribution or possession of the publication “Perempuan Nan Bercinta” Issued under s.62, Malaysian Rubber Board (Incorporation) Act 1996 by Faisal Tehrani which is prejudicial to public order is absolutely prohibited Notes:- Revokes the Malaysian Rubber Board (Licensing) Regulations 1997, [P.U.(A) throughout Malaysia. 516/1997] w.e.f.:- 23.4.2014 w.e.f.:- 30.4.2014 PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 134/2014 MINERAL DEVELOPMENT ACT 1994 [ACT 525] 98/2014 PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE MINERAL DEVELOPMENT (SAFETY IN EXPLORATION AND SURFACE MINING) PUBLICATIONS) (NO.5) ORDER 2014 REGULATIONS 2014 Issued under s.7(1), Printing Presses and Publications Act 1984 Issued under ss.63(2)(i) and (k), Mineral Development Act 1994 w.e.f.:- 22.5.2014 w.e.f.:- 10.4.2014 PRINTING OF QUR’ANIC TEXTS ACT 1986 [ACT 326] 118/2014 MINISTERIAL FUNCTIONS ACT 1969 [ACT 2] 154/2014 PRINTING OF QUR’ANIC TEXTS (EXEMPTION) ORDER 2014 MINISTERS OF THE FEDERAL GOVERNMENT (NO.2) (AMENDMENT)(NO.2) Issued under s.24(2), Printing of Qur’anic Texts Act 1986 ORDER 2014 Notes:- Exempts 33,000 texts of Al-Qur’an Al-Karim Darul Bayinah from the Issued under s.2, Ministerial Functions Act 1969 Government of Arab Saudi which will be brought in by the Kelantan Deputy Chief Notes:- Amends Sch , Ministers of the Federal Government Order (No.2) 2013, Minister’s Offi ce through the Port Klang entry point, Malaysia for the use of Muslims [P.U.(A) 184/2013] by way of wakaf throughout the State of Kelantan from the requirement of sections w.e.f.:- 16.5.2013 – all paras. except subparagphs.2(a)(iii), 2(a)(x), 2(c)(i), 2(c)(ii) 6,7 and 8 of the Act and subregulations 3(5) and (6) of the Printing of Qur’anic Texts and 2(c)(iii); Regulations1986, [P.U.(A) 488/1986]. w.e.f..- 12.7.2013 – subparagraphs 2(a)(iii), 2(a)(x), 2(c)(i), 2(c)(ii) and 2(c)(iii) w.e.f.:- 30.4.2014

NATIONAL REGISTRATION ACT 1959 [ACT 78] 156/2014 REGISTRATION OF BUSINESSES ACT 1956 [ACT 197] 109/2014 NATIONAL REGISTRATION (AMENDMENT) REGULATIONS 2014 REGISTRATION OF BUSINESSES (WAIVER OF FEE) RULES 2014 Issued under s.6, National Registration Act 1959 Issued under s.16(2)(j), Registration of Businesses Act 1956 Notes:- Amends reg.5 , National Registration Regulations 1990, [P.U.(A) 472/1990] w.e.f:- 30.12.2013 w.e.f.:- 15.6.2014 RENEWABLE ENERGY ACT 2011 [ACT 725] 121/2014 NATIONAL SKILLS DEVELOPMENT ACT 2006 [ACT 652] 97/2014 RENEWABLE ENERGY (RECOVERY OF MONEYS BY DISTRIBUTION LICENSEE) NATIONAL SKILLS DEVELOPMENT (WAIVER OF FEE TO INSTRUCTOR OF (AMENDMENT) RULES 2014 MANPOWER DEPARTMENT) REGULATIONS 2014 Issued under ss.19 and 61(e), Renewable Energy Act 2011 Issued under s.72(2)(d), National Skills Development Act 2006 Notes:- Amends rr.2,11 and inserts new Sch. w.e.f.:- 15.4.2014 w.e.f.:- 1.5.2014

PEMBANGUNAN SUMBER MANUSIA BERHAD ACT 2001 [ACT 612] 110/2014 RENEWABLE ENERGY ACT 2011 [ACT 725] 120/2014 PEMBANGUNAN SUMBER MANUSIA BERHAD (AMENDMENT OF FIRST RENEWABLE ENERGY (TECHNICAL AND OPERATIONAL REQUIREMENTS) SCHEDULE) ORDER 2014 (AMENDMENT) RULES 2014 Issued under s.49, Pembangunan Sumber Manusia Berhad Act 2001 Issued under ss.15 and 61(c), Renewable Energy Act 2011 Notes:- Amends Sch.1, Pembangunan Sumber Manusia Berhad Act 2001 Notes:- Amends rr.2,3,4,8,9,12,15,Sch.1,Sch.2 and Sch.5, Renewable Energy w.e.f.:- 21.4.2014 (Technical and Operational Requirements) Rules 2011, [P.U.(A) 387/2011] w.e.f.:- 1.5.2014 PETROLEUM (INCOME TAX) ACT 1967 [ACT 543] 168/2014 DOUBLE TAXATION RELIEF (THE GOVERNMENT OF THE REPUBLIC OF ROAD TRANSPORT ACT 1987 [ACT 333] 147/2014 POLAND) ORDER 2014 LOCAL SPEED LIMIT (FEDERAL ROADS) (WEST MALAYSIA) (AMENDMENT) Issued under s.65A(1), Petroleum (Income Tax) Act 1967 and s.132(1), Income (NO.2) ORDER 2014 Tax Act 1967 Issued under s.69(2), Road Transport Act 1987 w.e.f.:- 24.6.2014 Notes:- Amends Sch 1, Local Speed Limit Order (Federal Roads) (West Malaysia) 1992, [P.U.(A) 462/1991] POISONS ACT 1952 [ACT 366] 116/2014 w.e.f.:- 1.6.2014 POISONS (AMENDMENT OF POISONS LIST (NO.2) ORDER 2014 Issued under s.6, Poisons Act 1952 ROAD TRANSPORT ACT 1987 [ACT 333] 106/2014 Notes:- Amends Sch.1, Poisons Act 1952 ROAD TRANSPORT (PROHIBITION OF USE OF ROAD) (CITY OF KUALA w.e.f.:- 30.4.2014 LUMPUR) (NO.2) ORDER 2014 Issued under s.70(1), Road Transport Act 1987 w.e.f.:- 20.4.2014

JUL-SEP 2014 | PRAXIS 51 BAR UPDATES/NOTICES

ROAD TRANSPORT ACT 1987 [ACT 333] 112/2014 COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 311/2014 SPEED LIMIT (SHAH ALAM EXPRESSWAY) ORDER 2014 NOTICE OF INITIATION OF AN ANTI-DUMPING DUTY INVESTIGATION WITH Issued under s.69(2), Road Transport Act 1987 REGARD TO IMPORTS OF HOT-ROLLED COILS ORIGINATING OR EXPORTED w.e.f.:- 24.4.2014 FROM THE PEOPLE’S REPUBLIC OF CHINA, REPUBLIC OF INDONESIA AND REPUBLIC OF KOREA (AD 02/14) ROAD TRANSPORT ACT 1987 [ACT 333] 82/2014 w.e.f.:- 19.6.2014 SPEED LIMIT (SECOND PENANG BRIDGE) (AMENDMENT) ORDER 2014 Issued under s.69(2), Road Transport Act 1987 COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 315/2014 Notes:- Amends the title by substituting for the words “(SECOND PENANG BRIDGE)” NOTICE OF INITIATION OF ADMINISTRATIVE REVIEW OF THE ANTI-DUMPING the words “(JAMBATAN SULTAN ABDUL HALIM MU’ADZAM SHAH)”, para.1, Sch.1 DUTY WITH REGARD TO IMPORTS OF STEEL WIRE RODS ORIGINATING IN and Sch.2, Speed Limit (Second Penang Bridge) Order 2014, [P.U.(A) 52/2014] OR EXPORTED FROM JIANGSU SHAGANG INTERNATIONAL TRADE CO., LTD w.e.f.:- 1.4.2014 AND JIANGSU YONGGANG GROUP CO., LTD, THE PEOPLE’S REPUBLIC OF CHINA (AR 01/14) ROAD TRANSPORT ACT 1987 [ACT 333] 102/2014 w.e.f.:- 25.6.2014 SPEED LIMIT (SUNGAI BESI HIGHWAY) ORDER 2014 Issued under s.69(2), Road Transport Act 1987 ELECTIONS ACT 1958 [ACT 19] 223/2014 Notes:- Revokes the Speed Limit (Sungai Besi Highway) Order 2000, [P.U.(A) ELECTIONS (CONDUCT OF ELECTIONS) REGULATIONS 1981 [P.U. (A) 111/2000] 386/1981] NOTICE OF CONTESTED ELECTION CONSTITUENCY OF P.076 w.e.f.:- 15.4.2014 TELOK INTAN, STATE OF PERAK CORRIGENDUM Notes:- Corrigendum to [P.U.(B) 220/2014] SERVICE COMMISSIONS ACT 1957 [ACT 393] 153/2014 SERVICE COMMISSIONS (AMENDMENT OF SCHEDULE) REGULATIONS 2014 FINANCIAL SERVICES ACT 2013 [ACT 758] 278/2014 Issued under s.13, Service Commissions Act 1957 NOTICE UNDER SUBSECTION 27(1) Notes:- Amends Sch , Service Commissions Act 1957, [Act 393] Notes:- List of licensed persons as at 15 April 2014 w.e.f.:- 1.1.2013 w.e.f.:- 4.6.2014

STRATEGIC TRADE ACT 2010 [ACT 708] 88/2014 ISLAMIC FINANCIAL SERVICES ACT 2013 [ACT 759] 279/2014 STRATEGIC TRADE (RESTRICTED END-USERS AND PROHIBITED END- NOTICE UNDER SUBSECTION 24(1) USERS) (AMENDMENT) ORDER 2014 Notes:- List of licensed persons as at 15 April 2014 Issued under s.8, Strategic Trade Act 2010 w.e.f.:- 4.6.2014 Notes:- Amends Sch.2, Strategic Trade (Restricted End-Users and Prohibited End- Users) Order 2010, [P.U.(A) 484/2010] LABUAN FINANCIAL SERVICES AND SECURITIES ACT 2010 [ACT 704] 108/2014 w.e.f.:- 7.4.2014 LIST OF INSURANCE LICENSEES Notes:- List of insurance licensees whose licences are valid as at 31 December 2013 VETERINARY SURGEONS ACT 1974 [ACT 147] 135/2014 w.e.f.:- 1.4.2014 VETERINARY SURGEONS (AMENDMENT OF SECOND SCHEDULE) ORDER 2014 LABUAN FINANCIAL SERVICES AND SECURITIES ACT 2010 [ACT 704] 106/2014 Issued under s.7(1), Printing Presses and Publications Act 1984 LIST OF INSURANCE LICENSEES WHOSE LICENCES HAVE BEEN REVOKED Notes:- Amends Sch 2, Veterinary Surgeons Act 1974 OR SURRENDERED w.e.f.:- 23.5.2014 Notes:- List of insurance licensees whose licences have been revoked or surrendered to the Authority as at 31 December 2013 WILDLIFE CONSERVATION ACT 2010 [ACT 716] 108/2014 w.e.f.:- 1.4.2014 WILDLIFE CONSERVATION (AMENDMENT OF SCHEDULE) ORDER 2014 Issued under s.134, Wildlife Conservation Act 2010 LABUAN FINANCIAL SERVICES AND SECURITIES ACT 2010 [ACT 704] 105/2014 Notes:- Amends Sch.1, Wildlife Conservation Act 2010 LIST OF LABUAN BANKS AND LABUAN INVESTMENT BANKS LICENSEES w.e.f.:- 18.4.2014 Notes:- List of Labuan banks and Labuan investment banks licensees whose licences are valid as at 31 December 2013 w.e.f.:- 1.4.2014

LATEST INDEX TO SELECTED P.U.(B) SERIES 2014 LABUAN FINANCIAL SERVICES AND SECURITIES ACT 2010 [ACT 704] 107/2014 As at 30 June 2014 LIST OF LABUAN BANKS AND LABUAN INVESTMENT BANKS LICENSEES WHOSE LICENCES HAVE BEEN REVOKED OR SURRENDERED TITLE P.U.(B) NO Notes:- Licensees whose licences have been revoked or surrendered to the Authority as at 31 December 2013 w.e.f.:- 1.4.2014 ARMS ACT 1960 [ACT 206] 280/2014 EXEMPTION FROM PARAGRAPHS 5(1)(a) and (b) LEGAL PROFESSION (AMENDMENT) ACT 2012 [ACT 1444] 262/2014 Notes:- Exempts the Director of Global One Security Services Sdn. Bhd. from the APPOINTMENT OF DATE OF COMING INTO OPERATION application of paragraphs 5(1)(a) and (b) of the Act in respect of the thirty 5.56 mm Notes:- 3 June 2014 appointed as the date on which Legal Profession (Amendment) automatic fi rearms and the thirty 7.62 mm automatic fi rearms of the Global One Act 2012, [Act 1444] comes into operation. Security Services Sdn. Bhd. intended solely for the purpose of security control in the w.e.f.:- 3.6.2014 Malaysian maritime territory. w.e.f.:- 5.6.2014 LEGAL PROFESSION (AMENDMENT) ACT 2012 (AMENDMENT) ACT 2013 [ACT 263/2014 1455] ARMS ACT 1960 [ACT 206] 287/2014 APPOINTMENT OF DATE OF COMING INTO OPERATION EXEMPTION FROM PARAGRAPHS 5(1)(a) and (b) Notes:- 3 June 2014 appointed as the date on which Legal Profession (Amendment) Notes:- Exempts the Commander of Anti-Smuggling Unit (UPP) in Kelantan from the Act 2012 (Amendment) Act 2013 [Act 1455] comes into operation application of paragraphs 5(1)(a) and (b) of the Act in respect of the ownership of w.e.f.:- 3.6.2014 the ten automatic fi rearms with serial number of 62-410210, 62-410211, 62-410212, 62-410213, 62-410214, 62-410215, 62-410216, 62-410217, 62-410218 and 62- 410219 owned by Kelantan Anti-Smuggling Unit (UPP) intended for the purpose of LEGAL PROFESSION (AMENDMENT) ACT 2013 [ACT 1456] 264/2014 enforcement duties. APPOINTMENT OF DATE OF COMING INTO OPERATION w.e.f.:- 12.6.2014 Notes:- 3 June 2014 appointed as the date on which Legal Profession (Amendment) Act 2013 [Act 1456] comes into operation w.e.f.:- 3.6.2014 CONSTRUCTION INDUSTRY PAYMENT AND ADJUDICATION ACT 2012 [ACT 46] 124/2014 APPOINTMENT OF DATE OF COMING INTO OPERATION Notes:- 15 April 2014 appointed as the date on which the Construction Industry MONEYLENDERS ACT 1951 [ACT 400] 112/2014 Payment and Adjudication Act 2012 [Act 746] comes into operation. EXEMPTION UNDER SUBSECTION 2A(2) w.e.f.:- 15.4.2014 Notes:- Exempts the Rhizophora Capital Sdn. Bhd. from all of the provisions of the Act for a period of ten years with eff ect from the date of publication of this Notifi cation in the Gazette. COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 99/2014 w.e.f.:- for a period of 10 years with eff ect from 1.4.2014 NOTICE OF AFFIRMATIVE FINAL DETERMINATION OF AN ANTI-DUMPING DUTY INVESTIGATION WITH RESPECT TO IMPORTS OF CELLULOSE FIBRE REINFORCED CEMENT FLAT AND PATTERN SHEETS ORIGINATING OR PRISON ACT 1995 [ACT 537] 296/2014 EXPORTED FROM THE KINGDOM OF THAILAND (AD 04/13) APPOINTMENT OF LOCK-UPS TO BE PLACES OF CONFINEMENT w.e.f.:- 26.3.2014 Notes:- The lock-ups specifi ed in the Schedule to be places for the confi nement of persons, remanded or sentenced to such terms of imprisonment, not exceeding one month COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 100/2014 w.e.f.:- 18.6.2014 NOTICE OF NEGATIVE FINAL DETERMINATION OF AN ANTI-DUMPING DUTY INVESTIGATION WITH RESPECT TO IMPORTS OF CELLULOSE FIBRE REINFORCED CEMENT FLAT AND PATTERN SHEETS ORIGINATING OR PRISON ACT 1995 [ACT 537] 297/2014 EXPORTED FROM THE KINGDOM OF THAILAND (AD 04/13) APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT w.e.f.:- 26.3.2014 Notes:- The lock-up in the Kelapa Sawit Police Station, Kulai Jaya, Johore to be a place for the confi nement of persons, remanded or sentenced to such terms of imprisonment, not exceeding one month. COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 292/2014 w.e.f.:- 18.6.2014 NOTICE OF INITIATION OF ANTI-DUMPING DUTY INVESTIGATION WITH REGARD TO POLYETHYLENE TEREPHTHALATE ORIGINATING OR EXPORTED FROM THE PEOPLE’S REPUBLIC OF CHINA, REPUBLIC OF INDONESIA AND REPUBLIC OF KOREA (AD 01/14) w.e.f.:- 17.6.2014

52 PRAXIS | JUL-SEP 2014 The Law on Shareholders’ Meetings – AGM and EGM by Chen Thim Wai

It is at the shareholders’ meetings that decisions of companies are made: to appoint or remove directors, to approve the issue of shares, to have dividends declared, to alter the articles of association or memorandum of association and to resolve other matters relating to the company. This book examines the whole meeting process which includes the notice of meeting, quorum issues, amendment of motions, proxies, voting on a show of hands or by poll and matters pertaining to an annual general meeting (AGM) and extraordinary general meeting (EGM). It deals with related topics such as the various means of convening meetings, the all important duties and powers of a chairman in the conduct of meetings including the power to eject unruly shareholders and recourse to the court for court-ordered meetings, mandatory injunction and validation of notice and quorum irregularities.

The aim of this book is to assist those persons participating in the shareholders’ meetings such as the shareholders, chairman, company secretary, directors and auditors or their legal advisers – in understanding their rights and powers. The value of this book is enhanced with the extensive case law referencing from Malaysia, Singapore, United Kingdom, Australia and other Commonwealth countries. RM About the Author 150.00

Chen Thim Wai has been practicing law in Malaysia since 1984. His main area of practice and expertise are Corporate and Commercial Law. Prior to his return to Malaysia, he has spent three years with the Bankruptcy Ofﬁce in Melbourne, Australia where he had chaired creditors’ meetings. He is also the author of the book, Guide to Table A – Articles of Association. Apart from being an a well-respected practitioner and a published author, Chen Thim Wai has written several articles which have been featured in “Corporate Voice” (MAICSA journal publications) and “Tax Guardian” (CTIM journal publications).

Purchase via our eBookstore: www.lexisnexis.com.my/store or contact our Heldesk at Tel: 1800.88.8856 or Email: [email protected] or Twitter: @HelpLNMY BAR UPDATES/NOTICES

NEW BOOKS

Aiman Nariman Mohd Sulaiman. Commercial applications of company law in Malaysia. 3rd ed. Kuala Lumpur: CCH, 2008. Aiman Nariman Mohd Sulaiman. Commercial applications of company law in Malaysia. 3rd ed. Kuala Lumpur: CCH, 2008. Aiman Nariman Mohd Sulaiman. Commercial applications of company law in Malaysia: problem sets. Kuala Lumpur: CCH, 2008. Arjunan Subramaniam. Malaysian real property gains tax handbook. 2014 revision. Petaling Jaya, Selangor: Sweet & Maxwell, 2013. Ashgar Ali Ali Mohamed. Dismissal from employment and the remedies. 2nd ed. Petaling Jaya, Selangor: LexisNexis, 2014. Calnan, Richard. Principles of Contractual Interpretation. London: Oxford University Press, 2013. Central Chambers Law Corporation (CCLC). Model commercial contracts and letters. 3rd ed. Singapore: Sweet & Maxwell Asia, 2012. Choong Kwai Fatt. Choong on real property gains tax: law & practice. Petaling Jaya, Selangor: LexisNexis, 2014. Christou, Richard. Drafting commercial agreements. 5th ed. London: Sweet & Maxwell, 2013. Fosbrook, Deborah. The A-Z of Contract Clauses. 6th ed. West Sussex: Bloomsbury Professional, 2014. Hopper, Andrew. The Solicitor's Handbook 2013. 5th ed. London: Law Society, 2013. Kanesh Sundrum. A practical guide to speciﬁ c performance. Petaling Jaya, Selangor: LexisNexis, 2013. Lee Chong Fook. Introduction to principles & liabilities in criminal law. 2nd ed. Petaling Jaya, Selangor: LexisNexis, 2012. Mohd Nadzri bin Haji Abdul Rahman Ibrahim. Undang-Undang tatacara mal Mahkamah Syariah: prinsip dan amalan. 2nd ed. Kuala Lumpur: Anugerah Cekal Sdn Bhd, 2013. Mohsin Hingun & Wan Azlan Ahmad. Equity and trusts in Malaysia. 2nd ed. Subang Jaya, Selangor: Sweet & Maxwell Asia, 2013. Netto, Marina. Contracts of employment and Malaysian industrial law: incorporating the recent amendments to the Industrial Relations Act 1967 until 28th February 2008. Petaling Jaya, Selangor: Ellen Burke, 2009. Peters, Mariette. Law of evidence in Malaysia. Petaling Jaya, Selangor: LexisNexis, 2013. Thornton, Richard. Malaysia: The RPGT Handbook. Kuala Lumpur: CCH, 2014. Yow, Lainah Oi Lin. Conveyancing practice and procedure in West Malaysia. 2nd ed. Petaling Jaya, Selangor: LexisNexis, 2014. Wan Noraini Mohd Salim. Islamic law of succession: a practical guide to the laws of Faraid. 2nd ed. Ampang, Selangor: The Malaysian Current Law Journal Sdn Bhd, 2014. Wee, Wui Kiat. Malaysian Law on Division of Matrimonial Assets. Selangor: Thomson Reuters, 2014.

Notice Regarding Documents in Bar Council’s Custody: Legal Firms in which Bar Council has Intervened (As at 30 June 2014)

When Bar Council intervenes in a legal fi rm 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 fi rm. 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 fi rms listed below.

Clients or interested parties who wish to claim documents that relate to cases that were handled by these legal ﬁ rms are advised to contact the Bar Council’s Intervention Department at 03-2050 2159.

Kuala Lumpur Messrs Mohd Zawawi Amelda & Partners Messrs Bhaarathee & Associates Johore Messrs Herlina & Co Messrs C K Kow & Co Messrs Zainal Rashid & Partners Messrs Wu & Co Messrs Rina Noor & Co Messrs Nazli Ghazali & Cheong Messrs Jaharberdeen & Ngo Messrs Razak & Fakrul Messrs Kushairi & Co Messrs Zaim Al-Amin & Assoc Messrs Jauhari & Assoc Messrs Baharuddin & Partners Messrs Loh & Co Messrs Su How & Co Messrs H K Teh & Assoc Messrs Rosli Rahman & Co Messrs Yusof Abdullah & Partners Messrs M W Lian & Assoc. Messrs Sabri Nazli Lana & Azizan Messrs J L Lim & Co Messrs R K Nandy & Associates Messrs Zihin Shariﬀ & Partners Messrs Penney Khoo Soh Ping & Co Messrs Mariam & Co Messrs Badri Kuhan Yeoh & Ghandi Messrs Khalid Chung & Shankar Messrs Umar Baki & Co Messrs K Y Teo & Associates Messrs K E Ooi & Partners Messrs Nordin Hamid & Co Messrs Cheong & Chong Negeri Sembilan Messrs Anuar S J Ong & Co Messrs Raja Rohana & Co Messrs Hassan Kuldeep & Co Messrs M. Kuppusamy & Co Messrs Adi Azhar Messrs Abdullah-Haniﬀ & Assoc Messrs Khalil Samsuni & Co Messrs Sasi Kumar & Assoc Messrs B C Low Selangor Malacca Messrs S F Leow Messrs Sooriyar & Co Messrs Donald Lai & Associates Messrs Ang Kwee Thian & Associates Messrs Azizi Nizam & Anwar Messrs Y H Chan & Co Messrs Irzuan Messrs Tuah Hilmy & Hazudin Perak Messrs Shaik Anwar Raja Messrs Sajali & Co Messrs Parthan & Associates Messrs J S Olikh & Co Messrs P L Low & Co Messrs J M Zain & Associates Messrs YC Pok & Zurina Messrs Ravi Nair Maideen & Assoc. Messrs Wan Nizar Rais Messrs Loh & Co Messrs Ganesan Mariapan & Co Messrs Mohd Azhar & Co Messrs Par Govind & Co Messrs Bagia Sri Devi & Co Pahang Kedah/Perlis Messrs Hadi & Co Messrs Noi Messrs Yum Ng & Stanley Messrs Jamaludin Amin & Co Messrs Michael Lim & Assoc. Messrs Zubaidah Mukhtar Ahmad Messrs Zul & Co Penang Messrs Yusuf Abdul Rahman & Co Messrs S. Letchumanan & H. Nizam Messrs A J Hamzah & Co

As at 30 June 2014

54 PRAXIS | JUL-SEP 2014 BAR UPDATES/NOTICES List of Struck Off Members Wherein Appeal/ Reinstatement Allowed Appeal NO MEMBER DATE OF REMARKS PRACTICE ORDER STATUS 1. Thavananthan s/o Balasubramaniam 12 June 2002 18 Sept 2009 — Appeal allowed by the Federal Court

2. Kenneth Godfrey Gomes 13 Apr 2004 25 Sept 2004 — Appeal allowed by the High Court

3. Suhaimi b Baharudin 13 Apr 2004 24 Sept 2004 — Appeal allowed by the High Court

4. Lai Chee Keong 13 Apr 2004 24 Sept 2009 — Appeal allowed by the High Court

5. Yeoh Peng Hoon 4 Aug 2004 6 Jan 2006 — Appeal allowed by the High Court

6. Gurmit Singh Hullon 8 Mar 2005 24 Apr 2006 — Striking oﬀ set aside by the High Court

7. Dato' Nadarajan Veraya 31 Mar 2005 26 July 2007 — Appeal allowed by the Federal Court

8. Hoo Lin Coln 19 Aug 2005 20 Feb 2006 — Appeal allowed by the High Court

9. Romzi b Ismail 10 Jan 2009 3 June 2010 — Appeal allowed by the High Court

Reinstatement NO MEMBER DATE OF REMARKS PRACTICE ORDER STATUS 1. Charan Jit Singh a/l Santokh Singh 27 Feb 1999 2 Nov 2012 — Application for reinstatement allowed by the High Court

2. Chew Chor Wee 29 Sept 2003 19 June 2008 — Application for reinstatement allowed by the High Court

3. Santiran Mogan a/l Rengasamy 8 July 2004 26 July 2010 — Application for reinstatement allowed by the High Court

4. Patrick Samuel a/l Joseph Sebastian 20 Nov 2010 23 Sept 2013 — Application for reinstatement allowed by the High Court

5. Abdullahilhai b Hj Mohamed 30 Apr 2011 26 June 2013 — Application for reinstatement allowed by the High Court Note: In possession of SA/PC 2014 Disciplinary Orders (March to May 2014)

FINED A/383 Ahmad Husam b Mansuri 25 Apr 2014 25,000. Further SA NO NAME ORDER FINED (RM) ordered to refund DATED RM113,335 to the A/1411 Azah binti Udin 28 Mar 2014 5,000 complainant within S/1727 Saiful Ambar bin Abdullah 28 Mar 2014 three months from date Ambar of order failing which E/104 Elviza Michele bt Kamal 28 Mar 2014 2,000 to pay further sum of G/145 Goik Kenzin 28 Mar 2014 10,000 RM12,500.00 being K/301 Kang Choong Keng 28 Mar 2014 7,000 increased in penalty N/551 Nageswary a/p Palanisamy 28 Mar 2014 5,000 pursuant to section A/231 Anatharatchagan 29 Mar 2014 1,000 100(9) @ Anandan P F/198 Fadzila binti Said 25 Apr 2014 3,000 Thatchanamoorthy F/198 Fadzila binti Said 25 Apr 2014 8,000 N/717 Ng Aik Beng 29 Mar 2014 1,000 G/286 Ahmad Azim Daniel 25 Apr 2014 5,000 S/1362 Sitinur binti Mokhtar 29 Mar 2014 1,000 Gurpreet bin Abdullah R/636 Rakhim Bin A Hamid 25 Apr 2014 10,000

JUL-SEP 2014 | PRAXIS 55 BAR UPDATES/NOTICES

S/1103 Syed Ahmad Shahabuddin 25 Apr 2014 50,000 REPRIMANDED

bin Syed Nong Mohamad SA NO NAME ORDER DATED S/474 Salina bt Shahabudin 25 Apr 2014 2,000 O/240 Ooi Kian Wooi 28 Mar 2014 M/1244 Mohamad Arfi zi bin Mohd 26 Apr 2014 7,000 T/1454 Tan See Yeing 25 Apr 2014 Ramli C/684 Chu Chun Vun 26 Apr 2014 O/193 Lynette Ong Siew Lyn* 26 Apr 2014 2,000 N/991 Noorhayati binti Yusof 15 May 2014 O/193 Lynette Ong Siew Lyn* 26 Apr 2014 2,000 O/195 Ong Keong Huat 15 May 2014 Q/15 Quah Chiang Fu @ Quah 26 Apr 2014 10,000 R/726 Revathy a/p Thuraisamy 15 May 2014 Chiang Poe S/1200 Sivakumar a/l 15 May 2014 A/1239 Abdul Razak bin Idris 15 May 2014 5,000 Govindasamy K/778 K. Bagia Sri Devi a/p 15 May 2014 8,000 S/1687 Samsul Norazudin bin 15 May 2014 Krishnamoorthi Samsudin L/1392 Lee Kam Foo 15 May 2014 15,000 Y/266 Yee Keen Meng 15 May 2014 M/1330 Mohd Fairuz bin Mohd Ali 15 May 2014 5,000 Z/351 Zulhidayu binti Abdul 15 May 2014 M/1379 Mohd Faizul Bin Nasir 15 May 2014 15,000 Majid S/1353 Santhanam a/l Pachaiappan 15 May 2014 10,000 K/694 Kamrul Arifi n bin Mansor 16 May 2014 W/198 Wong Chee Shiuan 15 May 2014 3,000 Y/361 Yagoo a/l Subramaniam 15 May 2014 3,000 STRUCK OFF A/1056 Aidie bin Kutiran 16 May 2014 2,000 SA NO NAME ORDER DATED P/165 Peter Ashley Jayasuria a/l 16 May 2014 5,000 A/448 Ahmad Rosdi b Ahmad 15 May 2014 Florance Jayasuria Idrus P/206 Prem Anand s/o Ramasamy 16 May 2014 2,000 A/806 Aqbal Shiff uddin bin 17 May 2014. Further ordered to refund to R/77 Robiha bt Mohamed 16 May 2014 5,000 Adnan Sallehudin the complainant a sum of RM74,200 within I/137 Izasuhana binti Ilias 17 May 2014 20,000 three months from date of order. K/331 Kok Weng Tuck 17 May 2014 5,000 L/702 Lai Tuck Yew 17 May 2014. Further ordered to refund K/806 Kuan Chee Yoon 17 May 2014 5,000 to the complainant a sum of RM2,790,000 M/387 Mohamed Nordin b Hj 17 May 2014 2,000 within three months from date of order. Mohd Yusoff Outcome of Appeals against Disciplinary Orders M/1449 Mohd Saufi bin Taib 17 May 2014 Second part of the complaint — How Chee Song (H/191) Fined RM2,000 by Order dated 18 Jan 2013. High Court dismissed appeal on 3 Apr 2014. Reprimand Order Third, Fifth and Sixth Parts of the complaint — Fine: RM3,000 N/242 Nooraini bt Yusoff 17 May 2014 30,000 N/1755 Natrah binti Mohd Shafi ei 17 May 2014 5,000

*Two Orders issued imposing a ﬁ ne of RM2,000 in respect of two distinct complaints.

56 PRAXIS | JUL-SEP 2014 IMLC 2014-adv in Praxis.ai 1 4/9/2014 9:31:17 AM