Tuesday, 30 April 2013

Malaysia-Update: Workshop on the Art of Basic Conveyancing Practice (30 May 2013)

UPDATE Circular No 099/2013: Workshop on the Art of Basic Conveyancing Practice (30 May 2013)



Kindly be informed that due to overwhelming response, all places for this workshop have been filled and registration is now closed.






This circular may also be accessed here.



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Malaysia-Talk on "Judicial Review of Industrial Court Awards"

Talk on "Judicial Review of Industrial Court Awards"
To:


SBC/CIR/044/13
29th April 2013





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Monday, 29 April 2013

Malaysia-Dr Choong Kwai Fatt's new publication : All Malaysia Tax Cases release 15th is available now

Dr Choong Kwai Fatt's new publication : All Malaysia Tax Cases release 15th is available now



View this email in your browser.


All Malaysia Tax Cases release 15th
Dear fellow friends,

I wish you well and happy.

All Malaysia Tax Cases (AMTC) Release 15th will be out on next week. It covers 2012 cases and contained in 410 pages. It has 1 Federal Court decision case, 5 Court of Appeal decision cases, 25 High Court decision cases and 5 Special Commission decision cases.

The release 15th in short has a total 36 cases which has great impact on the application of income tax, property tax, real property gains tax, sales tax, stamp duty and tax administration. In addition to that, the spectrum of the topics involved in income tax concerning anti-avoidance, business deduction, business income, capital allowances, imputation dividend system, insurance company, investment incentives, waiver year, assessments, tax administration, judicial review, valuation, assessment valuation, appeal, collection and recovery of tax, notice of assessment, recovery of tax due and payable, tax audit and tax refunds which have great impact on tax planning that cannot be miss out by tax practitioners, auditors, accountants, legal practitioners, corporate tax managers, businessmen and individuals.

The release 15th is price at RM300 or which I urge you to consider acquire this publication to enhance the skill, experience and knowledge. It is an indispensable tax practitioner reference.

For those orders received before 20 May 2013 reader will be given free complimentary of RPGT Act 1976 and RPGT (2010 – 2013 amendment) Notes with Highlight (2 items) at market price of RM60 for each.

For the first 10 orders you will be allowed to purchase a current cases ring binder of RM100. Only 10 ring binders are available to house the release 15th.

AMTC now is in 7 bounded volume which covering from year 1937 until 2011:-

(a)  AMTC 1937 – 1978;
(b)  ATMC 1979 – 1996;
(c)  AMTC 1997 – 2002;
(d)  AMTC 2003 – 2005;
(e)  AMTC 2006 – 2007;
(f)   AMCT 2008 – 2009; and
(g)  AMCT 2010 – 2011.

The above AMTC together with release 15th will be available at RM2,350. Those who order this full set AMTC will be given a set of complimentary which worth RM350:-

(a)  Public Ruling 2000 – 2013;
(b)  RPGT (2010 – 2013 amendment) Notes with Highlight;
(c)  RPGT Act 1976;
(d)  CP 58 Contentious issue (s 83A);
(e)  Malaysian Tax Toolkit (2007 – 2013); and
(f)   Income Tax Acts 1967 Explanatory Statements (YAs 1981 – 2013).

For any information, please kindly contact publication@synergytas.com or Pei Shan at 010-280 6846.

I wish you all the best and great health always.

Best wishes,
Dr Choong Kwai Fatt
Get your book order form NOW.
Attention!!!

2013
MAY
20

Any orders received before 20 May 2013 will be given free complimentary of RPGT Act 1976 and RPGT (2010 – 2013 amendment) Notes with Highlight.

VALUE
BUY
Only 10 ring binders are available to house the release 15th. Please kindly secure your copy before making payment.


Copyright © 2013 Synergy TAS, All rights reserved.
Signup or registered event on wwwkwaifatt.com or www.synergytas.com

Our mailing address is:
Synergy TAS
Suite 153, PG-15A, Ground Floor, Jaya 33
No. 3, Jalan Semangat, Section 13
Petaling Jaya, Selangor 46100
Malaysia

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Malaysia-"'Malam Suai Mesra 2013' - Selangor Bar Committee

From: Selangor Bar <selangorbar@unifi.my>
Date: 26 April 2013 15:12
Subject: 'Malam Suai Mesra 2013' - Selangor Bar Committee
To:



SBC/CIR/026/13
26th April 2013




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Malaysia-Workshop on the Art of Basic Conveyancing Practice (30 May 2013)

Workshop on the Art of Basic Conveyancing Practice (30 May 2013)








This circular may also be accessed here.


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Malaysia-New Titles published by LexisNexis

New Titles published by LexisNexis

Dear All,

Below are the New Titles published by LexisNexis:

Please do not hesitate to contact me for any enquiry.
















Best Regards,
Zoe Tan
013-931 4014




To order, please contact:
Zoe Tan                013-931 4014    
CASSEN MARKETING
Tel: 013-931 4014          Fax: 03 - 9074 4612
E-mail:  cassenbook@gmail.com 


Malaysia-Invitation to CLJ event- Understanding Family Law: A practical overview

Invitation to CLJ event- Understanding Family Law: A practical overview
To:


Last Day for Early Bird Enrollment
To enroll, kindly contact Mandy Lim at 012-696 3379 or email to mandy.lim@cljlaw.com

Early bird promo price (before 26th April)RM890 per pax
Fees inclusive of seminar material, lunch , refreshments and a free copy of Protection of children




Thursday, 25 April 2013

Malaysia-CONFERENCE ON EMPLOYMENT AND LABOUR LAWS 2013

CONFERENCE ON EMPLOYMENT AND LABOUR LAWS 2013
To:


,
Kindly refer to the attachment,for registration please fill out the form and fax in or email or further information contact undersigned.
Regards,

VIMALA

Sales Executive

Malaysian Current Law Journal Sdn Bhd (51143M)

E1-2 Jalan Selaman 1/2, Dataran Palma,
68000 Selangor Darul Ehsan,Malaysia.
H/P: 010-3636471
Tel: 03-42705400
Fax: 03-42705401/2
Email:
vimala@cljlaw.com


Wednesday, 24 April 2013

MALAYSIA-DUTY OF THE COURTS WITH REGARDS TO THE CONSTRUCTION OF LEGISLATIONS



In the Federal Court case of Pilecon Realty Sdn Bhd v Public Bank Bhd & Ors and another appeal [2013] 3 MLJ 1, it was held that:-

"...[42] Decisions of the courts prior to sub-s (2A) being introduced into   s 8 of the  BA, or does not involve any issue arising from s 8(2A), would accordingly be of little, if any, assistance to us, in making a considered decision in this case. The duty of the courts is to make a construction to cure the mischief and advance the remedy. It is not our duty either to add or to take away the meaning of the words of a statute unless there are good reasons for thinking that the Legislature had intended to limit its operation.
[43] For the courts to limit the application of a certain provision when the Legislature had failed to express such an intention would be to usurp the functions of the Legislature which is not within the competence of the courts to do. The duty of the courts is to give full effect to the language of the law. The function of the courts is to construe the language of the referral and related provisions as they stand, to give effect to the purpose of enacting the provision, and the mischief which existed which the Legislature sought to eliminate...."

Malaysia-Ad: BERSIH 2.0 Seeks Volunteer Lawyers to Provide Legal Advice for GE-13

Ad: BERSIH 2.0 Seeks Volunteer Lawyers to Provide Legal Advice for GE-13






BERSIH 2.0 Seeks Volunteer Lawyers to Provide Legal Advice for GE-13
BERSIH 2.0, together with Malaysians for Free and Fair Elections (MAFREL) and Pusat KOMAS have launched a citizen's campaign towards a fraud-free GE13: PEMANTAU, or Pemantau Pilihan Raya Rakyat in full.

BERSIH 2.0 would like to seek the assistance of lawyers to provide legal assistance and advice to our observers during the election campaign period till polling day for the 13th General Elections. This means, on a rotation basis, to be on standby for calls in the event that arrests or harassments happen or in the event our observers require legal advice on the election laws.

Lawyers who sign up to provide legal assistance and advice to our observers will serve on a volunteer basis and act in their personal capacity.

For more information, you can review the PEMANTAU website (www.pru13.info) and the BERSIH 2.0 Facebook (www.facebook.com/BERSIH2.0OFFICIAL).

If interested, please give us a call at BERSIH 2.0, at 019-438 0428.

BERSIH 2.0 Secretariat
Tel. No : 03-7772 3275 / 016-9670921
Fax No : 03-7784 4978

E-mail  : media@bersih.org
Web     : http://www.bersih.org
FB        : https://www.facebook.com/BERSIH2.0OFFICIAL
Twitter : http://www.twitter.com/bersih2

This is a paid advertisement. If you would like to know more about Bar Council's advertising options, please contact us by email at advertise@malaysianbar.org.my.

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Malaysia-Invitation to Conference on Employment and Labour Laws 2013: Current Issues in Employment & Labour Laws

Invitation to Conference on Employment and Labour Laws 2013: Current Issues in Employment & Labour Laws
To:



To enroll, kindly contact Mandy Lim at 012-696 3379 or email to mandy.lim@cljlaw.com








Monday, 22 April 2013

Malaysia-Press Release: Malaysian Bar is Greatly Saddened by the Passing of Justice George Seah, a Courageous Judge

Press Release: Malaysian Bar is Greatly Saddened by the Passing of Justice George Seah, a Courageous Judge





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Press Release
Malaysian Bar is Greatly Saddened by the Passing of Justice George Seah, a Courageous Judge
The Malaysian Bar is greatly saddened, and feels a palpable sense of loss, to learn of the passing of Justice Datuk Seri George Edward Seah Kim Seng.
Justice George Seah was born in Miri, Sarawak on 10 December 1931, and received his early education at St Columba School in Miri, St Thomas's School in Kuching, and St Francis Institution in Malacca.  He was called to the English Bar in 1955, was appointed as a Judge of the High Court of Borneo on 9 May 1969, and took his oath of judicial office on 7 October 1969.  He was the first member of the Sarawak Bar to be elevated to the Bench.  He was subsequently appointed a Judge of the Federal Court of Malaysia, with effect from 1 October 1982.
Justice George Seah was a judicial luminary and a principled man, who understood clearly the role and duties of a Judge.  He stood stoutly and courageously for the rule of law and for the independence of the Judiciary.
This was exemplified during the darkest episode of our legal history, commonly referred to as the Malaysian judicial crisis, when a Tribunal removed Tun Salleh Abas, then-Lord President of the Supreme Court of Malaysia, from his judicial office in 1988.  Tun Salleh Abas had challenged the constitutionality, legality and validity of the composition of the Tribunal, and had filed an application for an order for prohibition against the members of the Tribunal from proceeding or deliberating or exercising any function under Article 125 of the Federal Constitution, and for other relief.  Justice George Seah was one of the five Supreme Court Judges who granted an interim stay to prevent the Tribunal from presenting its recommendations to the Yang di-Pertuan Agong pending the disposal of Tun Salleh Abas's application for the order for prohibition, after such interim relief was refused by the High Court.  The other four Judges were Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah, Tan Sri Eusoffe Abdolcadeer and Tan Sri Wan Suleiman.
Much to the dismay of the Malaysian Bar, members of civil society and all right-thinking Malaysians, Justice George Seah was unjustly punished for carrying out his duties.  He was initially suspended from duty, along with the other four brave Judges, and was eventually removed as a Judge of the Supreme Court.  The five Judges were made to suffer for discharging their duties.
Justice George Seah and his fellow Judges fully appreciated the gravity of the oath of judicial office they had taken, the central importance of the doctrine of judicial authority and independence, and the principle of separation of powers that underpins a civilised democracy based on the rule of law.
Justice George Seah displayed the personal courage that is required of such high office.  He stood by his principles to defend the Judiciary against the assault by the Executive.  He never gave in, and never doubted the correctness of his actions.  One cannot describe the situation more clearly than Justice George Seah himself did after the gross injustice committed against him, when he wrote:
… let me stress that history will be the judge whether or not I was guilty of misbehaviour as charged for faithfully discharging the functions of a Judge of the Supreme Court of Malaysia conscientiously and with the highest regard for the preservation of an independent Judiciary.
During critical and crucial times in the history of a nation, judges are expected to be the standard-bearers of justice.  This is a moral obligation and under the circumstance they are expected to act positively and with a clear conscience.
The five of us who were embroiled in this difficult episode of the 1988 judicial crisis did not rally around the suspended LP but rather responded to the call of duty in the interest of justice.
No matter how facts are twisted, in the eyes of God, Truth will prevail from the 1988 Judicial Crisis.[1]
Justice George Seah's words could not have rung truer, as he and the other five Judges (including Tun Salleh Abas), were vindicated many years later.  On 17 April 2008, then-Prime Minister Datuk Seri Abdullah Ahmad Badawi (as he then was), effectively rendered an apology in acknowledging and describing Justice George Seah and the other five Supreme Court Judges (including Tun Salleh Abas) thus: "For me and for many other Malaysians, these towering judicial personalities represent a very different era for the nation's judiciary.  Many felt that the judiciary then was a venerable institution which could be trusted to deliver justice."
The then-Prime Minister went on to state that:
…the Government would like to recognise the contributions of these six judges to the nation, their commitment towards upholding justice and to acknowledge the pain and loss they have endured.  For Tan Sri Eusoffe and Tan Sri Wan Suleiman and their families, I know this sentiment is made too late.   For Tun Salleh Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah and Dato George Seah, although this acknowledgement is 20 years too late, it is made with much hope that a measure of the pain and loss may yet be healed.
In recognition of the contributions of the six outstanding judges, the Government has decided to make goodwill ex gratia payments to them. Gentlemen, I do not presume to equate your contributions, pain and loss with mere currency, but I hope that you could accept this as a heartfelt and sincere gesture to mend what has been.
Justice George Seah will also always be remembered by Judges, lawyers, academicians and law students for the purposive and progressive judicial statements he made on public law; in particular, that "the rule of locus standi must be developed to meet the changing times"[2], and that ouster clauses are ineffective in barring judicial review where a tribunal makes an error of law.[3]
The nation, the Judiciary and the Malaysian Bar have indeed lost a "towering judicial [personality]".  However, the principled stance and courage of Justice George Seah are imprinted in our legal history, and will continue to be remembered.  The conduct and sacrifices of Justice George Seah will continue to serve as a sterling example of judicial independence, courage and integrity.
The Malaysian Bar conveys its deepest sympathies and heartfelt condolences to Justice George Seah's family and loved ones, in this time of grief.
Christopher Leong
President
Malaysian Bar
22 April 2013                                                                                                                  
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[1] See "The Hidden Story" by Justice George Seah (page 4), here.
[2] Government of Malaysia v Lim Kit Siang; United Engineers (M) Bhd v Lim Kit Siang [1988] 2 MLJ 12 (SC).
[3] Inchcape Malaysia Holdings Bhd v RB Gray & Anor [1985] 2 MLJ 297 (SC).

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Malaysia-CLJ Seminar on Understanding Family Law: A Practical Overview (10 May 2013)

CLJ Seminar on Understanding Family Law: A Practical Overview (10 May 2013)





This Malaysian Current Law Journal ("CLJ") event is organised in collaboration with Bar Council Malaysia.

If this email does not display correctly, please click here to view the content online.





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Sunday, 21 April 2013

Malaysia-Press Release: Disappointing Ruling by Sabah RCI on Witness Statements

Press Release: Disappointing Ruling by Sabah RCI on Witness Statements





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Press Release

Disappointing Ruling by Sabah RCI on Witness Statements

The Malaysian Bar notes with disappointment the ruling delivered on 15 April 2013 by the Royal Commission of Inquiry on immigrants in Sabah ("RCI") denying the request of the Sabah Law Association ("SLA") for access to all statements taken from witnesses in the Inquiry under section 112 of the Criminal Procedure Code ("witness statements").

While the RCI recognised that the SLA is an interested party in the RCI, that the SLA has been rendering effective assistance to the RCI, that the RCI proceedings are inquisitorial in nature, and that the privilege attached to section 112 witness statements does not apply in the context of an Inquiry, the RCI nevertheless declined to provide the SLA access to the witness statements. 

It is difficult for us to reconcile the RCI's decision to deny the SLA access to the witness statements.  Having found that there was no legal impediment against disclosure of the witness statements, and having recognised the important and independent role played by the SLA in the Inquiry, the RCI ought to have granted the SLA, as well as any other interested parties in the RCI, access to all such witness statements.

The RCI was of the view that disclosure of the witness statements to the SLA was not necessary for the SLA to render effective assistance to the RCI.  This misses the point, and we find this reasoning and the ruling to be perplexing: just because the RCI could not envisage any appreciable difference that access to the witness statements would have on the effectiveness of the SLA's role in the Inquiry, does not mean that there would be none and ought not to mean that access should be refused.  The RCI ought to be open and facilitative, rather than restrictive, in its proceedings.

The Commissions of Enquiry Act 1950 vests the RCI with wide powers to determine the procedure and conduct of the Inquiry before them.  We would hope that the RCI would use such powers to formulate a procedure on access to evidence that is facilitative and not restrictive, and that places each party in the Inquiry in the best possible position to assist the RCI, limited only by any legal impediment against disclosure of evidence.

It is axiomatic that the more equal the access to information between the conducting officers and the other parties to the Inquiry, the more fruitful would be the role of those parties in the inquisitorial process.  Equal access to information would also mitigate or balance out any perceived or inherent bias that each of these parties may bring into the RCI. 

In Royal Commissions of Inquiry held in Peninsular Malaysia, the Malaysian Bar renders a vital and immeasurable service not only in advising the Royal Commissions on matters of law but also in the gathering and extraction of evidence during the Inquiries.  The SLA can and is willing to render such a service to the RCI and to the people of Sabah.  The RCI needs only avail itself of the opportunity before it, and allow the SLA equal access to all evidence. 

The Malaysian Bar therefore urges the RCI to reconsider its ruling.

Christopher Leong
President
Malaysian Bar

20 April 2013 --
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Malaysia-Risk Management for Staff Workshop (30 May 2013)

Risk Management for Staff Workshop (30 May 2013)






This circular and the attachment may also be accessed here.




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Proview eBook Bi-Weekly Offer - Get your copy at 20% off!

Proview eBook Bi-Weekly Offer - Get your copy at 20% off! ...