Wednesday, 28 July 2010

[Malaysian Bar:2861] Circular No 205/2010:15TH MALAYSIAN LAW CONFERENCE | 29 TO 31 JULY 2010 | FINAL CALL FOR REGISTRATION

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 28 July 2010 11:28
Subject: [Malaysian Bar:2861] Circular No 205/2010:15TH MALAYSIAN LAW CONFERENCE | 29 TO 31 JULY 2010 | FINAL CALL FOR REGISTRATION
To: malaysianbar@googlegroups.com



logo.gif  
 Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 


mlc290710.gif

Circular No 205/2010
Dated 28 July 2010

To all Members of the Bar

15TH MALAYSIAN LAW CONFERENCE | 29 TO 31 JULY 2010 
FINAL CALL FOR REGISTRATION

The 15th Malaysian Law Conference (MLC 2010) will be held at the Kuala Lumpur Convention Centre from 29 to 31 July 2010 (Thursday to Saturday). 

Our panel of prominent and distinguished speakers from Malaysia and abroad include:

• YAA Tun Dato' Seri Zaki Tun Azmi, Chief Justice of Malaysia;

• YA Tan Sri Dato' Zulkefli Ahmad Makinudin, Judge, Federal Court; 

• YA Dato' Seri Md Raus Sharif, Judge, Federal Court;

• YBhg Tun Abdul Hamid Mohamad, Former Chief Justice of Malaysia;

• The Honourable Michael Kirby, Former Justice of the High Court of Australia;

• Chief Justice Sandile Ngcobo, Chief Justice of the South African Constitutional Court;

• YB Dato' Ismail Sabri Yaacob, Minister of Domestic Trade, Cooperatives and Consumerism;

• Mauricio Alvarez, Senior Legal Counsel, Lafarge SA, France;

• YB Dato' Seri Ong Tee Keat, Member of Parliament, Pandan; 

• Datuk Zaid Ibrahim, former Minister and former Member of Parliament; 

• Justice V K Rajah, Judge, Court of Appeal of Singapore; 

• Adrian Hughes QC, Essex Street Chambers, London; 

• Michael Bochenek, Director of Law and Policy, Amnesty International, London;

• Dr Jayanthi Naidu Desan, Senior Consultant, CSR Asia; 

• Dato' Sri Nazir Razak, Group Chief Executive, CIMB Group;

• YAB Tan Sri Dato' Seri Abd Khalid Ibrahim, Chief Minister of Selangor; 

• Senator Edgardo J Angara, Senator, Senate of the Philippines;

• Vorapong Sutanont, Director, Advisory Services, PricewaterhouseCoopers; and

• Dato Seri' Anwar Ibrahim, Leader of the Opposition.

The topics that will be covered include: 

• Setting Aside and Enforcement of Arbitration Awards;

• Competition Act 2010: What it Means to Malaysian Businesses;

• The Interface between the Sha'riah and Legal Systems in Islamic Finance: Recent Developments;

• Developments in Tax Law;

• Recent Federal Court's Decision on s 340 of National Land Code 1965: Tan Ying Hong v Tan Sian San & Ors – Are Landowners and Banks Secured?;

• Constitutional Law: Why is Parliament Relevant to the Layperson?;

• Towards a Fairer and More Effective Administration of the Criminal Justice System; and

• Investigations: What are the Key Elements in a Trafficking-in-Persons Case?

Click here to view the full Conference programme or visit the official Conference website at www.mlc2010.com for more information.

The fees for MLC 2010 are: 

• Pupils in chambers and law students RM 800
• Members of the Bar (7 years and below in practice) RM 1000
Members of the Bar RM 1300
• Non-Members                     RM 1,600
 
To register, please submit your completed registration form, or call, or send us an SMS at +6012 258 5537.  In your SMS, kindly state your full name, identity card number or Malaysian Bar membership number (if applicable).  
 
For registration details, additional information or to receive updates, please call Sumitra Penesar, officer-in-charge, at +6013 262 2369 or Rachel Tan, Public Relations Officer, at +6012 270 0693.

Thank you.
                                                                     
Lim Chee Wee            
Chairperson
MLC 2010 Organising Committee 



Tuesday, 27 July 2010

[Malaysian Bar:2859] Kenyataan Akhbar: Cukup sudah 50 tahun | Mansuhkan ISA dan lain-lain undang-undang penahanan tanpa bicara serta peruntukkan keselamatan yang kuno

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 2010/7/26
Subject: [Malaysian Bar:2859] Kenyataan Akhbar: Cukup sudah 50 tahun | Mansuhkan ISA dan lain-lain undang-undang penahanan tanpa bicara serta peruntukkan keselamatan yang kuno
To: malaysianbar@googlegroups.com


    logo.gif   
Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 

Kenyataan Akhbar

Cukup sudah 50 tahun: Mansuhkan ISA dan lain-lain undang-undang penahanan tanpa bicara serta peruntukkan keselamatan yang kuno
 
1 Ogos 2010 menandakan ulangtahun ke-50 berkuatkuasanya Akta Keselamatan Dalam Negeri 1960 (AKDN).  AKDN membenarkan kuasa menahan seseorang tanpa perlu dibicarakan yang melanggar hak asasi untuk dianggap tidak bersalah sehinggalah dibuktikan bersalah.
 
Majlis Peguam pada 19 Julai 2010 telah mengemukakan memorandum kepada Kementerian Dalam Negeri menuntut pemansuhan AKDN serta undang-undang lain yang membenarkan penahanan tanpa bicara, iaitu Ordinan Darurat (Ketenteraman Awam dan Mencegah Jenayah) 1969 dan Akta Dadah Berbahaya (Langkah-Langkah Pencegahan Khas) 1985.  Memorandum tersebut turut menuntut Kerajaan Malaysia memansuhkan Akta Kediaman Terhad 1933, Akta Pencegahan Jenayah 1959 dan Akta Buang Negeri 1959.
 
Memorandum Majlis Peguam menarik perhatian kepada sifat kuno perundangan-perundangan tersebut.  Memorandum itu menyerlahkan bagaimana undang-undang yang membenarkan penahanan tanpa bicara melanggar prinsip-prinsip hak asasi manusia yang diperuntukkan dalam Deklarasi Hak Asasi Sejagat 1948 dan konvensyen-konvensyen antarabangsa lanjutan dari itu.  Ia turut membandingkan undang-undang anti-keganasan dalam bidangkuasa-bidangkuasa lain seperti Australia, Canada, United Kingdom dan Amerika Syarikat yang kesemuanya menyediakan peruntukkan menyeluruh bagi melindungi keselamatan negara masing-masing tanpa mengabaikan ciri-ciri perlindungan kebebasan individu dan hak asasi manusia.  Ini telah dipastikan melalui gabungan beberapa ciri seperti klausa 'sunset' yang otomatik, pengawasan kehakiman dengan peruntukkan perahsiaan dan hak mendapatkan khidmat guaman.  Undang-undang Malaysia seharusnya turut memperuntukkan perlindungan yang sama.
 
Memorandum Majlis Peguam menegaskan bahawa peruntukkan undang-undang Malaysia melalui Kanun Keseksaan dan Kanun Acara Jenayah yang telah dikukuhkan serta peruntukkan imigresen, perundangan untuk pencegahan pengubahan wang dan pencegahan pembiayaan keganasan sudahpun memberi kuasa yang cukup kepada agensi-agensi penguatkuasaan undang-undang untuk menangani cabaran yang dihadapi dari aktiviti jenayah sedemikian, namun pada masa yang sama membolehkan seseorang itu didakwa menurut proses undang-undang yang sewajarnya.  Kuasa menahan tanpa bicara dan menyekat pergerakan bebas adalah langsung tidak perlu dan hanya akan menjurus kepada sikap melakukan siasatan secara acuh tak acuh serta menyebabkan salahguna dan penyalahgunaan undang-undang.
 
Memorandum tersebut boleh dimuat turun di sini.
 
Badan Peguam Malaysia menuntut agar Kerajaan Malaysia menghormati dan menegakkan hak asasi manusia rakyatnya.  Sebagai ahli Majlis Hak Asasi Manusia Bangsa-Bangsa Bersatu 2010-2013, Malaysia kini terikat dengan tanggungjawab menegakkan suatu piawaian hak asasi yang tertinggi.  Ini akan hanya dicapai melalui pemansuhan kesemua undang-undang yang melanggar prinsip-prinsip hak-hak asasi manusia seperti AKDN dan lain-lain perundangan yang membolehkan penahanan tanpa bicara serta penyekatan kebebasan bergerak rakyat di dalam kawasan sempadannya sendiri.  Cukup sudah 50 tahun hidup di bawah AKDN (dan tempoh lebih panjang di bawah sebahagian peruntukkan-peruntukkan yang lain).  Sekaranglah masanya untuk membebaskan rakyat Malaysia dari undang-undang yang tidak saksama atau adil.
  
 
Ragunath Kesavan
Presiden
Badan Peguam Malaysia
 
26 Julai 2010


[Malaysian Bar:2860] Press Release: 50 years is more than enough | Abolish the ISA and other detention without trial and outdated security laws

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 26 July 2010 14:21
Subject: [Malaysian Bar:2860] Press Release: 50 years is more than enough | Abolish the ISA and other detention without trial and outdated security laws
To: malaysianbar@googlegroups.com


    logo.gif   
Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 

Press Release

50 years is more than enough: Abolish the ISA and other detention without trial and outdated security laws
 
1 August 2010 marks the 50th Anniversary of the coming into force of the Internal Security Act 1960 (ISA).  ISA allows for power to detain a person without trial and contravenes the right to be presumed innocent until proven guilty.
 
On 19 July 2010 the Bar Council submitted a memorandum to the Ministry of Home Affairs calling for the abolition of ISA and other laws that allow for detention without trial, namely the Emergency (Public Order and Prevention of Crime) Ordinance 1969 and the Dangerous Drugs (Special Preventive Measures) Act 1985.  The memorandum also calls for the Malaysian Government to abolish the Restricted Residence Act 1933, Prevention of Crime Act 1959 and Banishment Act 1959.
 
The Bar Council's memorandum draws attention to the archaic nature of these laws.  It highlights how laws that allow for detention without trial offend the fundamental principles of human rights provided for within the Universal Declaration of Human Rights 1948 and subsequent international conventions.  It further draws comparisons with anti-terrorism legislation in other jurisdictions such as Australia, Canada, the United Kingdom and USA, all of which provide for comprehensive protection of the security of their respective nations without foregoing safeguards to individual liberties and protection of basic human rights.  This has been achieved through a combination of automatic sunset clauses, strict judicial oversight and supervision with secrecy provisions and right to counsel.  Malaysian laws must provide no less protection and safeguards.
 
The Bar Council memorandum points out that Malaysia's own enhanced counter-terrorism provisions within the Penal Code and the Criminal Procedure Code, couple with present immigration and anti-money laundering and anti-terrorism financing legislation, provide our law enforcement agencies with sufficient powers to confront the challenges posed by such criminal activity, and to subject a person so suspected to prosecution within the due process of the law.  The power to detain without trial and to restrict free movement is wholly unnecessary and only leads to lackadaisical investigations, and misuse and abuse of the law.
 
The memorandum can be downloaded from here.
 
The Malaysian Bar calls on the Malaysian Government to respect and uphold the human rights of its people.  As a member of the United Nations Human Rights Council from 2010-2013, Malaysia has committed herself to maintaining the highest standards of human rights.  This can only be achieved by removing all laws contravening basic human rights principles, such as ISA and other legislation that provide for detention without trial and restrictions in the free movement of peoples within our borders.  50 years of living under ISA (and longer under some of the other legislation) is more than enough.  The time to free Malaysians from such unjust and unfair laws is now.
  
 
Ragunath Kesavan
President
Malaysian Bar
 
26 July 2010


Friday, 23 July 2010

[Malaysian Bar:2856] Circular No 204/2010: MLC 2010 | “Hard Talk on Human Rights” (2:30 pm, 29 July 2010)

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 23 July 2010 11:50
Subject: [Malaysian Bar:2856] Circular No 204/2010: MLC 2010 | "Hard Talk on Human Rights" (2:30 pm, 29 July 2010)
To: malaysianbar@googlegroups.com


 
 
 
 
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Circular No 204/2010
Dated 23 July 2010
 
To all Members of the Bar
 
MLC 2010: "Hard Talk on Human Rights"
(2:30 pm, 29 July 2010)
  
One of the sessions featured in the upcoming 15th Malaysian Law Conference (MLC 2010) is on "Hard Talk on Human Rights".
 
The panelists for this session are YB Dato' Sri Ong Tee Keat (Member of Parliament, Pandan), Datuk Zaid Ibrahim (former Minister and former Member of Parliament), James Nayagam (Commissioner, SUHAKAM), Zainah Anwar (Director, Musawah and Board Member, Sisters in Islam) and R Nadeswaran (Editor, Special and Investigative Reporting, the Sun). The session will be moderated by Dato' Ambiga Sreenevasan (Advocate and Solicitor, Sreenevasan).
 
The human rights session will be held from 2:30 pm to 4:00 pm on 29 July 2010 (Day 1).  This session is only one of many worthwhile sessions featured in MLC 2010.  Interested participants are invited to register for the three-day MLC 2010 to attend the entire Conference, including the human rights session highlighted here.
 
Click here to view the full Conference programme or visit the official Conference website at www.mlc2010.com for more information.
 
For registration details, additional information or to receive updates, please call Sumitra Penesar, officer-in-charge, at 03-2026 0864 or Rachel Tan, Public Relations Officer, at 03-2026 0129, or send an email to mlc2010info@malaysianbar.org.my.
 
Thank you.
 
Lim Chee Wee
Chairperson
MLC 2010 Organising Committee
 


Wednesday, 21 July 2010

[Malaysian Bar:2855] Circular No 201/2010: 15th Malaysian Law Conference | 29-31 July 2010 | Get to Know the Speakers

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 21 July 2010 17:15
Subject: [Malaysian Bar:2855] Circular No 201/2010: 15th Malaysian Law Conference | 29-31 July 2010 | Get to Know the Speakers
To: malaysianbar@googlegroups.com



mlc290710.gif

Circular No 201/2010

Dated 21 July 2010

To all Members of the Bar

15th MALAYSIAN LAW CONFERENCE | 29-31 JULY 2010
GET TO KNOW THE SPEAKERS

We are pleased to announce that the 15th Malaysian Law Conference (MLC 2010) will be held at the Kuala Lumpur Convention Centre from 29 to 31 July 2010 (Thursday to Saturday).

On our panel of speakers are prominent and distinguished individuals from Malaysia and abroad, who will deliberate on topics such as "Competition Act 2010: What it Means to Malaysian Businesses", "Latest Developments in Civil and Commercial Courts", "Mediation and the Courts: The Right Approach" and "Developments in Tax Law".

Among our plenary sessions speakers are:

(1) Dato' Sri Nazir Razak, Group Chief Executive, CIMB Group, who will speak on "Growing Beyond Borders" on 30 July 2010 (Day 2) at 4:00 pm.

- Graduated from University of Bristol with a Bachelor of Science (Hons) and obtained a Master of Philosophy from University of Cambridge
- Joined Commerce International Merchant Bankers Berhad's (now known as CIMB Investment Bank) corporate advisory department in 1989
- Transferred to the bank's stock-broking arm in 1993 where he rose to the position of Executive Director

(2) Justice V K Rajah, Judge, Court of Appeal of Singapore, who will speak on "Redrawing the Modern Boundaries of Contractual Interpretation: From Text to Context and Beyond" on 30 July 2010 (Day 2) at 11:15 am.

v k rajah.jpg - Graduated from National University of Singapore in 1982
- Obtained LLM (First Class) from University of Cambridge in 1986
- Appointed Judicial Commissioner of the Supreme Court, Singapore on 2 Jan 2004 and thereafter a Judge on 1 Nov 2004
- Appointed Judge of Appeal on 11 Apr 2007

(3) Senator Edgardo J Angara, Senator, Senate of the Philippines, who will speak on "The Future of ASEAN" on 31 July 2010 (Day 3) at 9:00 am.

edgardo.jpg

- Obtained his Bachelor of Laws from University of Philippines in 1958

- Obtained his Master of Laws from University of Michigan, United States in 1964
- In May 1972, founded the Angara, Concepcion, Cruz, Regala and Abello Law Offices with his friends, the firm went on to become the most recognised and prestigious law firm in the Philippines
- Sat as President of University of the Philippines from 1981 to 1987
  - Elected Senator in the Senate of the Philippines in July 2001 and was re-elected for a fourth term in 2007

Click here to view the full Conference programme or visit the official Conference website at www.mlc2010.com for more information.

The fees for MLC 2010 are:

  Pupils in chambers and law students RM 800
  Members of the Bar (7 years and below in practice) RM 1000
  Members of the Bar RM 1300
  Non-Members RM 1,600

To register, please submit your completed registration form or call or send us an SMS at +6012 258 5537.  In your SMS, kindly state your full name, identity card number or Malaysian Bar membership number (if applicable). Payment can be made on or before 26 July 2010 (Monday).

For registration details, additional information or to receive updates, please call Sumitra Penesar, officer-in-charge, at 03-2026 0864 or Rachel Tan, Public Relations Officer, at 03-2026 0129, or send an email to mlc2010info@malaysianbar.org.my.

Thank you.

Lim Chee Wee           
Chairperson
MLC 2010 Organising Committee



Tuesday, 20 July 2010

Talk on 'Basic Criminal Advocacy'

---------- Forwarded message ----------
From: Selangor Bar <sgorbar@streamyx.com>
Date: 20 July 2010 15:12
Subject: Talk on 'Basic Criminal Advocacy'
To: Selangor Bar <sgorbar@streamyx.com>


SBC/CIR/024/10

20th July, 2010

cid:image001.jpg@01CAFB2D.62742780


 

Dear Members of the Bar,

The Selangor Bar Committee is organising a Talk on 'Basic Criminal Advocacy' on 6th August, 2010 [Friday], 5.00 p.m at Selangor Bar Auditorium.

 

 

 

 

Thank you.

Secretariat,
Selangor Bar Committee


Monday, 19 July 2010

[Malaysian Bar:2851] REMINDER Circular No 182/2010: Talk: The Court’s Role In Mediating Maritime and Insurance Disputes

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 19 July 2010 11:39
Subject: [Malaysian Bar:2851] REMINDER Circular No 182/2010: Talk: The Court's Role In Mediating Maritime and Insurance Disputes
To: malaysianbar@googlegroups.com


 
 logo.gif 
 Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 

Circular No 182/2010
 
Dated 1 July 2010

 
To All Members of the Malaysian Bar,

Talk: The Court's Role In Mediating Maritime and Insurance Disputes (CHANGE OF DATE)

The Bar Council's Shipping and Admiralty Law Committee is pleased to present a talk by The Hon. Justice K. Anantham, Judge, High Court Of Malaya, entitled "The Court's Role In Mediating Maritime and Insurance Disputes". 
 
Details of the event are as follows:
Date:    23 July 2010 (previously scheduled on 16 July 2010)
Time:    4:00pm – 6:00pm
Venue:  Impiana KLCC Hotel, Kuala Lumpur

Outline of topic:
Mediation is now being introduced in all Courts in an effort to clear the backlog of cases, as it has proven to be effective, and saves the parties both time and costs.  The Courts are taking an active role is settling disputes using commercial sense and legal principles.  Mediation is a suitable option for maritime and insurance cases, which are specialised in nature, and its use will reduce the incidence of lengthy and overdue cases in the Courts.
 
This event is specifically designed for maritime and insurance industry players as well as legal practitioners.  It will allow participants to interact directly with the Judge and explore a range of issues, including how a court looks at a case, and what factors influence the choice of whether to settle. 
 
Don't miss this first-of-its-kind event in Malaysia!

To register, kindly complete and fax the attached registration form to Angela Fernandez, Bar Council Secretariat, at +603 2031 6640.  For more details, please contact Angela by telephone at +603 2031 5769 or by email at angela@malaysianbar.org.my.
Thank you.

(Please note that the talk was initially scheduled for 16 July 2010 but had to be re-scheduled to 23 July 2010 due to unforeseen circumstances.  Any inconvenience caused is deeply regretted.)

Jeremy Joseph
Chairperson
Shipping & Admiralty Law Committee


[Malaysian Bar:2850] Press Release: Malaysia must join the international criminal justice system

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 19 July 2010 07:35
Subject: [Malaysian Bar:2850] Press Release: Malaysia must join the international criminal justice system
To: malaysianbar@googlegroups.com


    logo.gif   
Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 

Press Release

Malaysia must join the international criminal justice system
 
International Justice Day is commemorated on 17 July each year to mark the anniversary of the adoption, in 1998, of the Rome Statute that established the International Criminal Court (ICC).
 
On 7 June 2010, all members of the Dewan Rakyat unanimously supported a series of 15 motions in the aftermath of Israel's attack on the fleet of ships carrying humanitarian aid bound for Gaza.  The Malaysian Bar supports the call, in two of the motions, for proceedings to be initiated before the ICC against Israel.  Such a measure is appropriate, as the drive to end impunity for crimes against humanity, genocide, war crimes and crimes of aggression can only be comprehensively addressed if the international community pursues collective action.
 
The Malaysian Bar urges the Malaysian Government to immediately sign the Rome Statute, and to thereby affirm our confidence in the Rome Statute through our very own membership of the ICC.  One of the ways to combat war crimes, crimes against humanity, genocide and crimes of aggression and to seek justice for their victims is to make it difficult for the perpetrators to hide from justice.  Signing the Rome Statute is vital, in order to send a clear signal that Malaysia shares the international community's commitment to end the culture of impunity adopted by countries that sponsor or support such activities, and their leaders.
 
We remind the Malaysian Government that in seeking to become a member of the United Nations Human Rights Council from 2010-2013, it stated that "Malaysia has also contributed actively to the realization of human rights in all its manifestations worldwide".  There can be no better way to further actively contribute to the ongoing realisation of human rights than by becoming a member of the ICC.
 
We look to the Malaysian Government to uphold its commitment to the worldwide community and to the cause of international criminal justice.
  
 
Ragunath Kesavan
President
Malaysian Bar
 
17 July 2010


Friday, 16 July 2010

[Malaysian Bar:2844] Circular No 198/2010: Coffee Talk on Personal Data Protection Act 2010 | Change of Venue

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 15 July 2010 16:58
Subject: [Malaysian Bar:2844] Circular No 198/2010: Coffee Talk on Personal Data Protection Act 2010 | Change of Venue
To: malaysianbar@googlegroups.com


logo.gif 
Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 

Circular No 198/2010
Dated 15 July 2010
 
Dear Members of the Bar and pupils in chambers
 

Coffee Talk on Personal Data Protection Act 2010: Change of Venue


With reference to Circular No 174/2010 dated 29 June 2010, kindly be informed that the Coffee Talk on the Personal Data Protection Act 2010 scheduled on 22 July 2010 (Thursday) from 10:00 am to 12:00 pm, will be held at Level 10, KL Bar Auditorium, Wisma Kraftangan, No 9, Jalan Tun Perak, 50050 Kuala Lumpur and NOT at Conference Room 1, Bar Council.

We apologise for any inconvenience caused by this change of venue.  Please find attached Circular No 174/2010 for your attention.  Registration is open until 19 July 2010 (Monday).
 
For inquiries or to register, kindly dial 03-2031 3003 and speak to Adi Irman (ext 105) or Mazni Ibrahim (ext 101), or email mazni@malaysianbar.org.my.

Thank you.
 
 
Wong Jin Nee
Chairperson
Intellectual Property Committee



[Malaysian Bar:2846] Press Release: Recognise greater freedom of the people through wider freedom of information

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 15 July 2010 17:32
Subject: [Malaysian Bar:2846] Press Release: Recognise greater freedom of the people through wider freedom of information
To: malaysianbar@googlegroups.com


    logo.gif   
Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 

Press Release

Recognise greater freedom of the people through wider freedom of information
 
The Malaysian Bar applauds the much-awaited move by the Selangor State Government to table the Freedom of Information (State of Selangor) Enactment 2010 Bill before the Dewan Negeri Selangor on 14 July 2010.
 
This ground-breaking piece of draft legislation seeks to "enhance disclosure of information for the public interest, to provide to every individual an opportunity to access to information made by every department of the State Government", to quote from the preamble to the Bill.
 
The Bill promotes greater transparency and more accountability by the authorities of their expenditure of taxpayers' money and execution of public projects.  By this, both the public and the media will be more aware of the activities of the State Government and will be able to keep a watchful eye.  The kind of public scrutiny that such a Bill would permit is unprecedented in Malaysian history.
 
It will also empower the public by giving them hitherto unparalleled rights of access to information held by the State Government and its departments.  Indeed a freedom of information officer is to be appointed in each State Government department in order to assist the public to have access to the information to which they are rightly entitled.
 
The introduction of the Freedom of Information (State of Selangor) Enactment 2010 Bill is the third of three recent developments in the area of freedom of information.  The first was the passage of the Data Protection Act 2010 by the Malaysian Parliament, which also gives rights of access to the public to information.  However, a significant failing of this Act is that this right of access has not been extended vis-à-vis the Federal and state governments.
 
The second was the 28 June 2010 Kuala Lumpur High Court (Appellate and Special Powers) ruling by YA Judicial Commissioner (JC) Hadhariah Syed Ismail that the water concession agreement between Syarikat Bekalan Air Sdn Bhd (Syabas) and the Federal and Selangor State Governments could be disclosed to the Malaysian Trades Union Congress and 13 other co-applicants.  This ruling extended to an audit report said to have been presented to the Cabinet.  YA JC Hadhariah opined that the information was of public interest and therefore needed to be disclosed so that the public could be informed on the workings of government as well as promote discussion of public affairs.  She further stated that it was nonsensical to treat any information as automatically secret, in relation to Section 2A of the Official Secrets Act 1972.  In this light, the move by the Federal Government to obtain a stay and to appeal the decision is deeply regrettable.  It reflects the failure of the Federal Government to recognise the primary right of the rakyat to information.
 
YA JC Hadhariah added that since water is essential to life, an agreement that affected the supply of water impliedly affected the right to life.  This decision to give greater meaning to the constitutionally-guaranteed right to life and to link it with the right to information is greatly welcomed.
 
While we welcome the move by the Selangor State Government, the Bill can be criticised for being weak in some of its proposals.  An earlier, and more determined, legislative proposal was apparently rejected.  Indeed the Bill defines "information" to exclude a document which has been classified under the Official Secrets Act 1972, which highlights the issue YA JC Hadhariah referred to in her decision in the Syabas case.  The Bill includes many considerations that are still protective of the State Government's right to effective formulation or development of policy away from public scrutiny, or to safeguard any disclosure that is prejudicial to the administration or security of the State Government.  We therefore welcome the year-long public consultative process that the State Government will embark upon, including the establishment of a Select Committee comprising cross-party representatives from amongst members of the Dewan Negeri Selangor, which will enable feedback to be gathered on the Bill.  We trust that the pro-openness provisions will eventually make their way back into the Bill in place of the pro-State Government protective features.
 
We encourage the Federal Government as well as other state governments to follow the Selangor State Government's exemplary lead in legislating towards widening access by the public to officially-held information.  Such openness can only be for the greater public good.  By allowing the light of day to shine on the workings of government and those in authority, we can begin to banish the darkness under the cover of which foul and corrupt deeds have been perpetrated in the past.
 
 
Lim Chee Wee
Vice-President
Malaysian Bar
 
15 July 2010


KUALA LUMPUR HIGH COURT-PELAN LOKASI 01.06.2010


























KUALA LUMPUR LOWER COURTS-PEMINDAHAN KES-KES MAHKAMAH MAJISTRET SIVIL 3 (MMS3) DAN MAHKAMAH MAJISTRET SIVIL 4

Wednesday, 14 July 2010

JUST DESSERT SDN BHD


































[Malaysian Bar:2843] Circular No 197/2010: Seminar on Mediation at the Malaysian Industrial Court and Workplace

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 14 July 2010 17:32
Subject: [Malaysian Bar:2843] Circular No 197/2010: Seminar on Mediation at the Malaysian Industrial Court and Workplace
To: malaysianbar@googlegroups.com


 
logo.gif 
Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 

Circular No 197/2010
Dated 14 July 2010

To all Members of the Bar
 

Seminar on Mediation at the Malaysian Industrial Court and Workplace

The Asian Business Strategy and Islamic Economic Development (Education Strengths) are jointly organising a seminar on "Mediation at the Malaysian Industrial Court and Workplace".

Details of the seminar are as follows:
Date:        22 July 2010 (Thursday)
Time:        5:00 pm – 7:30 pm
Venue:     School of Business, Monash University, Sunway Campus


This seminar is designed to share knowledge on employment mediation as practised by the American Bar Association and human resource practitioners in the United States. Mediation theories will be discussed and best practice options will be offered in the context of employment disputes.  In addition, the Malaysian case context will be analysed and discussed, taking into consideration Malaysia's institutional framework, local culture and legal environment.
 
Admission is free but pre-registration is required.  For more information and the registration form, kindly refer to the attached brochure.

For more details or to register, contact Laura Lim by telephone at 03-5514 6000 ext 46048 or by email at laura.lim@buseco.monash.edu.my.  Please take note that the closing date for registration is 20 July 2010 (Tuesday).

Thank you.
 
George Varughese
Secretary
Bar Council



COMPANY LAW-CAN THE BOARD OF DIRECTORS OF A HOLDING COMPANY DISPOSE OF THE ASSET OR PROPERTY OF ITS SUBSIDIARY COMPANY WITHOUT THE APPROVAL OF THE SUBSIDIARY COMPANY IN A GENERAL MEETING?


In NGAN & NGAN HOLDINGS SDN BHD & ANOR v CENTRAL MERCANTILE CORPORATION (M) SDN BHD [2010] 4 AMR 142, the Court of Appeal held that the board of directors of a holding company is not in a position to dispose of the asset or property of its subsidiary company without the approval of the subsidiary company in a general meeting for the simple reason that the 2 companies are separate legal entities.

Tuesday, 13 July 2010

[Malaysian Bar:2842] Circular No 188/2010: 2nd Tun Suffian Foundation Fund Raising Charity Dinner

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 13 July 2010 14:28
Subject: [Malaysian Bar:2842] Circular No 188/2010: 2nd Tun Suffian Foundation Fund Raising Charity Dinner
To: malaysianbar@googlegroups.com



logo.gif 
Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 

Circular No 188/2010
Dated 13 July 2010

To all Members of the Bar
 

2nd Tun Suffian Foundation Fund Raising Charity Dinner

 

The Tun Suffian Scholarship has received official recognition from the authorities at Cambridge.  The Tun Suffian Foundation awards financial assistance to young Malaysians pursuing law studies and young lawyers attending educational seminars and conferences both here and abroad.

As the Tun Suffian Foundation thrives only on the affection and generosity of close friends, relatives and admirers of the late Tun, the Foundation is organising its second Fundraising Charity Dinner and would like to appeal to you for your generous support.
 
A joint-committee consisting members of the Bench, the Bar, the AG's Chambers and Trustees of the Foundation has been set up to organise this Charity Dinner, details of which are as follows:

Date:         7 Aug 2010 (Saturday)
Time:        8:00 pm
Venue:     Mandarin Oriental Hotel, Kuala Lumpur

 
Their Royal Highnesses the Sultan and the Raja Permaisuri of Perak, as Joint Royal Patrons of the Foundation, have kindly agreed to grace the occasion.

Kindly refer to the attached document for further information.  Donations can be made by cheque or bank draft made payable to "YAYASAN TUN SUFFIAN BERDAFTAR".  All donations shall be issued with tax-exempt receipts under section 44(6) of the Income Tax Act 1967.

Please feel free to contact the Honourary Secretary of the Foundation by email at info@tunsuffianfoundation.org or visit http://tunsuffianfoundation.org for more information on the Foundation and the forthcoming Fund Raising Charity Dinner.

Thank you.
 
George Varughese
Secretary
Bar Council



Monday, 12 July 2010

[Malaysian Bar:2840] Circular No 196/2010: Beware of Unauthorised Attempts to Transfer Land

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 12 July 2010 17:33
Subject: [Malaysian Bar:2840] Circular No 196/2010: Beware of Unauthorised Attempts to Transfer Land
To: malaysianbar@googlegroups.com


logo.gif 
Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 

Circular No 196/2010
Dated 12 July 2010

To all Members of the Bar
 

Beware of Unauthorised Attempts to Transfer Land

 

We have been informed by solicitors acting for some landowners that certain property agents are advertising a number of land parcels for sale without the consent and knowledge of the landowners.  

The landowners have lodged police reports in respect of the land parcels, all of which are situated in Mukim Cheras, Batu 10, Cheras, Daerah Hulu Langat, Selangor:
 
(a)GM 838, Lot 223
(b)GM 859, Lot 1001
(c)GM 860, Lot 1002
(d)GM 861, Lot 1004
(e)GM 862, Lot 1005

 
Members of the Bar are hereby put on notice of these attempts to fraudulently sell, transfer and/or deal with the abovementioned parcels of land, and are advised to exercise caution if approached to handle any transaction involving these properties.
 
For further enquiries or clarifications, kindly contact Mala Thakar Singh of the Conveyancing Practice Department by telephone at 03-2031 3003 ext 213 or by email at kamala@malaysianbar.org.my.

Thank you.
 
George Varughese
Secretary
Bar Council



Saturday, 10 July 2010

[Malaysian Bar:2835] REMINDER Circular No 182/2010: Talk: The Court’s Role In Mediating Maritime and Insurance Disputes

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 9 July 2010 08:12
Subject: [Malaysian Bar:2835] REMINDER Circular No 182/2010: Talk: The Court's Role In Mediating Maritime and Insurance Disputes
To: malaysianbar@googlegroups.com


 
 logo.gif 
 Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 

Circular No 182/2010
 
Dated 1 July 2010

 
To All Members of the Malaysian Bar,

Talk: The Court's Role In Mediating Maritime and Insurance Disputes (CHANGE OF DATE)

The Bar Council's Shipping and Admiralty Law Committee is pleased to present a talk by The Hon. Justice K. Anantham, Judge, High Court Of Malaya, entitled "The Court's Role In Mediating Maritime and Insurance Disputes". 
 
Details of the event are as follows:
Date:    23 July 2010 (previously scheduled on 16 July 2010)
Time:    4:00pm – 6:00pm
Venue:  Impiana KLCC Hotel, Kuala Lumpur

Outline of topic:
Mediation is now being introduced in all Courts in an effort to clear the backlog of cases, as it has proven to be effective, and saves the parties both time and costs.  The Courts are taking an active role is settling disputes using commercial sense and legal principles.  Mediation is a suitable option for maritime and insurance cases, which are specialised in nature, and its use will reduce the incidence of lengthy and overdue cases in the Courts.
 
This event is specifically designed for maritime and insurance industry players as well as legal practitioners.  It will allow participants to interact directly with the Judge and explore a range of issues, including how a court looks at a case, and what factors influence the choice of whether to settle. 
 
Don't miss this first-of-its-kind event in Malaysia!

To register, kindly complete and fax the attached registration form to Angela Fernandez, Bar Council Secretariat, at +603 2031 6640.  For more details, please contact Angela by telephone at +603 2031 5769 or by email at angela@malaysianbar.org.my.
Thank you.

(Please note that the talk was initially scheduled for 16 July 2010 but had to be re-scheduled to 23 July 2010 due to unforeseen circumstances.  Any inconvenience caused is deeply regretted.)

Jeremy Joseph
Chairperson
Shipping & Admiralty Law Committee
 
---------------------------------------------------------------------------------------------------------
 
 Courts Role In Mediating Maritime & Insurance Disputes 2010(2).jpg

 


Thursday, 8 July 2010

[Malaysian Bar:2834] Press Release: Time to remove all reservations and sign the Optional Protocols

---------- Forwarded message ----------
From: Bar Council <council@malaysianbar.org.my>
Date: 8 July 2010 15:25
Subject: [Malaysian Bar:2834] Press Release: Time to remove all reservations and sign the Optional Protocols
To: malaysianbar@googlegroups.com


 
    logo.gif   
Malaysian Bar Council
____________________________________
 
No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
 

Press Release

Time to remove all reservations and sign the Optional Protocols
 
The Malaysian Bar welcomes the Government's ratification of the Convention on the Rights of Persons with Disabilities (CRPD).  Alongside Malaysia's well-publicised ratification, the Government has nonetheless taken reservations to Article 3 on general principles, Article 5 on equality and non-discrimination, Article 15 on freedom from torture or cruel, inhuman or degrading treatment or punishment, Article 18 on liberty of movement and nationality, and Article 30 on participation in cultural life, recreation, leisure and sport.
 
This means that the Malaysian Government does not fully subscribe to the fundamental principles that persons with disabilities should enjoy such equality, non-discrimination, freedom or liberty, or to fully participate in culture, recreation, leisure and sport.  This makes for a hollow ratification since such reservations take away from fundamental principles that underpin CRPD.
 
These kinds of reservations are consistent with the reservations made to the Convention on the Rights of the Child (CRC), which Malaysia acceded to in 1995.  Despite withdrawing reservations to Articles 1, 13 and 15 of CRC, Malaysia still has five reservations in place.  These are to Article 2 on non-discrimination; Article 7 on name and nationality; Article 14 on freedom of thought, conscience and religion; Article 28(1)(a) on free and compulsory education at primary level; and Article 37 on torture and deprivation of liberty.  This indicates that the Malaysian Government still takes the view that children can be discriminated against, have no right to a name or nationality, have no freedom of thought, conscience and religion, and staggeringly, should not be free from torture and deprivation of liberty.
 
The Malaysian Bar also welcome the Government's withdrawal of reservations to Articles 5(a), 7(b) and 16(2) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).  While noteworthy strides have been made in terms of efforts to eliminate discrimination against women, Malaysia also still has five reservations in place with respect to CEDAW.  These deal with equal rights for women to pass their nationality to their children (Article 9(2)); equal rights to enter into marriage (Article 16(1)(a)); equal rights and responsibilities during marriage and at its dissolution (Article 16(1)(c)); equal rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children (Article 16(1)(f)); and the same personal rights in a marriage, including the right to choose a family name, a profession and an occupation (Article 16(1)(g)).
 
In addition to these reservations, the Malaysian Government has still not signed or ratified any of the Optional Protocols to CRPD, CRC or CEDAW.  These Optional Protocols grant specific rights to the citizens/residents of a country to refer their government to the international supervisory committee for non-compliance with each of these conventions.  At present, although Malaysia is a State Party to these conventions, Malaysians cannot hold the Government accountable if it does not honour or comply with their provisions.
 
Similarly, the Persons With Disabilities Act 2008, which supposedly implemented the provisions of CRPD and which came into force in July 2008, does not provide for any form of punishment or remedy for breaches.  It remains to be seen how the Malaysian Government will ensure that provisions of that Act are implemented.  The Act also does not ensure that the persons with disabilities are not discriminated against, e.g. in education and employment opportunities.
 
The ratification of CRPD, and the withdrawal of some of the reservations to CRC and CEDAW, are all positive steps.  However, more can, and should, be done.
 
We call on the Malaysian Government to give full effect to its international obligations by removing all remaining reservations, and by signing all three Optional Protocols.  It should also expand the scope of the existing Child Act 2001 and Persons With Disabilities Act 2008 to comprehensively cover all areas of CRC and CRPD respectively.  Currently, many of the provisions of CRC and CRPD have been left out of the enabling Malaysian legislation.
 
Finally, to show that it is fully transparent and accountable to the rakyat, we call on the Malaysian Government to insert provisions in all enabling legislation to allow the Malaysian Government to be challenged in Malaysian courts for non-compliance with its full obligations under CRPD, CRC and CEDAW.  In particular, as a member of the United Nations Human Rights Council, the Malaysian Government should do no less.
 
Lim Chee Wee
Vice-President
Malaysian Bar
 
8 July 2010



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