Friday, 27 February 2015

Malaysia-Come and vote in favour of the Building Fund motion! (AGM, 14 Mar 2015)

Come and vote in favour of the Building Fund motion! (AGM, 14 Mar 2015)





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




This circular may also be accessed here.


--
-- 

Malaysia-[ADV] Coming soon: Westlaw Asia. One platform, expanding possibilities

[ADV] Coming soon: Westlaw Asia. One platform, expanding possibilities




View this email in broswer
Be among the first to learn about this new service!
Visit
PRIVACY
You may at any time choose not to receive our promotional materials from us. To remove your name from our mailing list, please click here.

Copyright © 2015 Thomson Reuters, All rights reserved.







Malaysia-Reload your TNG and get 50 cent off for Shell Select promo

Reload your TNG and get 50 cent off for Shell Select promo






If you can't see this email content, please click here.
Dear Customers,
 
If you wish to unsubscribe from our marketing and promotional updates,
kindly contact our Careline at 03-2714 8888 or email careline@touchngo.com.my. Thank you.



--

Malaysia-[MBar] Circular No 033/2015 | Come to LEXPO | Widen Your Career Options! (28 Feb 2015)

[MBar] Circular No 033/2015 | Come to LEXPO | Widen Your Career Options! (28 Feb 2015)





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




http://lexpo.my/
This circular may also be accessed here.


--
-- 

Malaysia-Exclusive Preview for University of London Master of Laws Programme (2 Mar 2015)

Exclusive Preview for University of London Master of Laws Programme (2 Mar 2015)






​________________________________________________________________________________________________________________

Circular No 028/2015
Dated 18 Feb 2015
To Members of the Malaysian Bar

Exclusive Preview for University of London Master of Laws Programme (2 Mar 2015)
The Continuing Professional Development ("CPD") Department is pleased to announce that Members of the Bar will be eligible to register for the University of London Postgraduate Laws Programme, which includes the Postgraduate Certificate in Laws ("PG Cert"), Postgraduate Diploma in Laws ("PG Dip"), and Master of Laws ("LLM"), through the Bar Council.

To provide Members with more information, the CPD Department is organising an exclusive LLM preview.  The details are as follows:

Date:                      2 Mar 2015 (Monday)
Time:                      4:30 pm to 5:30 pm (Registration begins at 4:00 pm)
Venue:                   Conference Room 1, Third Floor, Bar Council, 15 Leboh Pasar Besar, 50050 Kuala Lumpur
Registration Fee:   Admission is free but advance registration is required
CPD Code/Point:   T3/02032015/BC/BC152139/1 (One point)
Please note that no certificates of attendance will be issued for this preview.
About the Speaker

Professor Jenny Hamilton joined the University of London International Programmes as Director of the Undergraduate Laws Programme in January 2010.  As Director, she was primarily responsible for driving forward strategic planning and key initiatives for the programme.  From January 2015, she took over as Acting Director for the Postgraduate Laws Programme.
Prior to joining the University of London, she was a professor of law at the University of Strathclyde's Law School in Glasgow, Scotland where she lectured from 1996 to 2009.  She graduated from the University of Adelaide, South Australia, and then undertook postgraduate studies at the University of Aberdeen, Scotland.  She is a qualified barrister and solicitor in Australia, and is also a qualified teacher.  Her main teaching areas include commercial and international economic law, and financial services regulation.  Professor Hamilton has researched and published widely in the area of consumer law and financial regulation.
The University of London Postgraduate Laws Programmes are conducted through University College London and Queen Mary University of London, which are rated as among the top 10 law faculties in the United Kingdom.  The programmes, which offer a wide range of subjects and specialisations, are flexible, and Members will be able to earn their postgraduate qualifications on a progressive basis.  This flexibility helps Members to determine how to pace themselves through the postgraduate programmes.  Upon enrolment, Members will receive complete learning materials, including up-to-date syllabi, study guides, textbooks, access to eCampus including online library, annual recent developments, past year examination questions, and skill guides. 

Members can choose to register for individual modules (for professional development purposes), PG Cert (five modules), PG Dip (10 modules), or LLM (four courses composed of 16 modules).

Assessments will be conducted in May and October each year in Malaysia, and Members can choose to register for any number of modules for each examination.  The assessment will require Members to answer one out of two questions in a 45-minute examination for each module assessed.
Members may opt to do one of the following:
(Fees correct as at 1 Jan 2015)
Qualification
Registration Fee
Module Fee
Assessment Fee
(estimate)
Total
Individual modules Nil *£515 (RM2,833) per module RM200 per module RM3,033
PG Cert
(five modules)
*£860 (one-off)
(RM4,730)
*£472 (RM2,596) per module
(Five modules = RM12,980)
RM1,000 RM18,710
PG Dip
(10 modules)
*£860 (one-off)
(RM4,730)
*£472 (RM2,596) per module
(10 modules = RM25,960)
RM2,500 RM33,190
LLM
(4 courses, total 16 modules)
*£860 (one-off)
(RM4,730)
*£472 (RM2,596) per module
(16 modules = RM41,536)
RM3,200 RM49,466
*Exchange rate calculated at £1 = RM5.50
(1) Individual modules: Members may choose any module out of more than 200 modules available.  Please note that the CPD Department will award two CPD points for each module that Members have completed and passed.
(2) PG Cert: Members must select five modules from a maximum of four courses to complete, and will be required to register as a PG Cert student.  Please note that the CPD Department will award eight CPD points upon successful completion of the PG Cert.
(3) PG Dip: Members must select 10 modules from a maximum of four courses to complete, and will be required to register as a PG Dip student.  Please note that the CPD Department will award 12 CPD points upon successful completion of the PG Dip.
(4) LLM: Members must select four courses (equivalent to 16 modules) to complete, and will be required to register as an LLM student.  Please note that the CPD Department will award 16 CPD points upon successful completion of the LLM.
Places are limited and registration is on a first-come, first-served basis.  To attend the exclusive LLM preview, kindly:
(1) complete the online registration form here; or
(2) complete and submit the attached registration form by fax to 03-2050 2112, or by email at cpd@malaysianbar.org.my, by 25 Feb 2015 (Wednesday).
Should you have any enquiries, please contact Mohd Fazli Rosman, Administrative Assistant, by telephone at 03-2050 2105 or Vilashini Vijayan, Executive Officer, by telephone at 03-2050 2095, or by email at cpd@malaysianbar.org.my.

Thank you.


HR Dipendra and Raphael Tay
Co-Chairpersons
Professional Standards and Development Committee
This circular and the attachment may also be accessed here.






--
-- 

Malaysia-Seminar on Medico-Legal Issues (3 Mar 2015)

Seminar on Medico-Legal Issues (3 Mar 2015)





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




This circular and the registration form may be accessed here.




--
-- 

Malaysia-Chinese New year Open House

Chinese New year Open House
To:


SBC/CIR/003/2015  17th February 2015





--

Malaysia-Seminar on GST for Lawyers and Law Firms (13 Mar 2015)

Seminar on GST for Lawyers and Law Firms (13 Mar 2015)





​________________________________________________________________________________________________________________

Circular No 035/2015
Dated 27 Feb 2015
To Members of the Malaysian Bar
Seminar on GST for Lawyers and Law Firms (13 Mar 2015)
On 25 Oct 2013, the Malaysian Government announced that the Goods and Services Tax ("GST") will be implemented on 1 Apr 2015.  GST is set to replace the current sales and services tax. 
The Continuing Professional Development ("CPD") Department is organising a seminar regarding GST, which is open to Members of the Bar and administrative staff from law firms only.
The details of the seminar are as follows:
Date:                           13 Mar 2015 (Friday)
Time:                          2:30 pm to 5:30 pm
Venue:                        Swiss Garden Hotel, 117 Jalan Pudu, Bukit Bintang, 50150 Kuala Lumpur
Registration Fee:        RM200
CPD Code:                  T3/13032015/BC/BC152142/3
CPD Points:                 Three
The programme is as follows:
Time
Programme
2:00 pm – 2:30 pm Registration
2:30 pm – 3:00 pm GST: Basic Concepts and Some Pointers for Law Firms,
by Anand Raj
3:30 pm – 3:45 pm Tea Break
3:45 pm – 4:45 pm GST: Practical Issues and Experience, by Yeoh Chui En
4:45 pm – 5.30 pm Question-and-Answer Session*
*To help facilitate better discussion, please click here to submit, in advance, your questions on GST and its implications to law firms.  Please note that questions relating to lawyers and law firms providing advice on GST and / or tax to their clients, and questions submitted on the day of the event, will not be entertained.
The speakers for the seminar are:
Yeoh Chui En, Tax Consultant
Yeoh Chui En is a tax professional with more than 30 years' experience in the field of taxation, having worked in a "BigFour" firm for 11 years, and in the oil and gas sector for more than 25 years.  His initial training was with KPMG Kuala Lumpur, where he spent four years in the audit department and qualified as a Certified Public Accountant ("CPA") in 1981.
In 1988, he joined Schlumberger, the largest oilfield services company in the world, to work as their regional tax manager in Singapore.
For the next 16 years, he worked on international tax assignments in a number of countries, namely Singapore, UAE (Dubai), France (Paris) and USA (Houston).  Upon completion of a restructuring exercise involving the non-oil and gas business of Schlumberger, he returned from Paris to Kuala Lumpur in 2004 as head of the Schlumberger Asia Tax Department.
In 2009, he took early retirement and went to work for Technip, a French engineering company, at its regional headquarters in Kuala Lumpur until his retirement at the end of June 2014.
He currently provides services in the areas of tax consultancy and advice, tax audit management and planning, and training-equipping-application-mentoring (T-E-A-M), as well as acts as life coach.
Anand Raj, Partner, Messrs Shearn Delamore & Co
Anand Raj was admitted as an advocate and solicitor of the High Court of Malaya in October 1996 and has been a partner of Messrs Shearn Delamore & Co since 2003.  He practises in tax and competition law and regularly appears for taxpayers in tax litigation matters before the Special Commissioners of Income Tax, the Special Commissioners of Petroleum Income Tax and the superior courts.
Anand is the Chairperson of the Bar Council Tax Subcommittee, the former Chairperson of the Tax Committee of the American Malaysian Chamber of Commerce, and a member of the Bar Council Competition Law Subcommittee.  He is also a member of the Executive Committee of the International Fiscal Association ("IFA"), Malaysia Branch and the IFA Asia Pacific Regional Committee.
Places are limited and registration is on a first-come, first-served basis.  To attend the seminar, kindly:
(1) complete the online registration form here; or
(2) complete and submit the attached registration form and proof of payment by fax to 03-2050 2112, or by email to cpd@malaysianbar.org.my.
Please note that all registrations, whether online, by fax or email, have to be submitted by 9 Mar 2015 (Monday).  We highly encourage online payment, for easier tracking.
Payment options:
(1) Direct deposit to Hong Leong Bank Berhad, No 9 Jalan Tun Tan Cheng Lock, 50000 Kuala Lumpur (Account: 283-00-00108-6; SWIFT code: HLBBMYKL); or
(2) Cheque or bank draft, payable to "Bar Council"; or
(3) Cash payment, at the ground floor of the Bar Council Secretariat.
Should you have any enquiries, please contact Roslan Mahamud or Mohd Fazli Rosman, by telephone at 03-2050 2111, or by email at cpd@malaysianbar.org.my.
Thank you.
Anand Raj                                                                
Chairperson                                                             
Tax Subcommittee                                                  
Corporate and Commercial Law Committee           
HR Dipendra and Raphael Tay
Co-Chairpersons
Professional Standards and Development  Committee


This circular and the attachment may also be accessed here.





--
-- 

Malaysia-[ADV] Pre-pub offer 10% off list price: 100 Ways to Save Tax in Malaysia for Individuals 5th Edition

[ADV] Pre-pub offer 10% off list price: 100 Ways to Save Tax in Malaysia for Individuals 5th Edition






View this email and order form in PDF
For more information or to order
Please call +603 5115 3000 or email smamy.marketing@thomsonreuters.com
Visit www.sweetandmaxwellasia.com.my for more details. 
* Prices, specification and details are correct at time of publications and are subject to change without prior notification.
* The prices quoted are exclusive of any taxes and duties (including, but not limited to, GST) which may be due and the customer agrees to pay applicable taxes and duties in addition to the prices quoted.
PRIVACY
You may at any time choose not to receive our promotional materials from us. To remove your name from our mailing list, please click here.

Copyright © 2015 Thomson Reuters, All rights reserved.







Malaysia-Layout of registrars at the Shah Alam High Court, Right Wing, Level 3 as at 27.02.2015


Malaysia-Layout of registrars at the Shah Alam High Court, Right Wing, Level 3 as at 27.02.2015


Malaysia-[MBar] Press Release | The Bar is Pro-Rule of Law and Justice, Not Pro-Opposition or Government

[MBar] Press Release | The Bar is Pro-Rule of Law and Justice, Not Pro-Opposition or Government






​_________________________________________________________________________________________________________________

Press Release
The Bar is Pro-Rule of Law and Justice, Not Pro-Opposition or Government
Much has been said of the prosecution of Dato' Seri Anwar Ibrahim, and there appears to be some obfuscation.   Those who are misconstruing or distorting the Malaysian Bar's press release of 11 February 2015, which was plainly and clearly only in respect of the prosecutorial process, should cease doing so. 

Without recapping the issues raised therein, the Malaysian Bar wishes to address some issues that have arisen in the past week.

The prosecutor-by-fiat in the Dato' Seri Anwar Ibrahim case has been reported to have been giving interviews, attending roadshows purportedly organised by a political party in Government, and with his name used in suggestions for debates.   It was subsequently reported that the roadshows were not at the behest of or sanctioned by that political party.
Is such conduct befitting or compatible with the dignity of a prosecutor or the office of the Public Prosecutor?  Is it appropriate or proper for a prosecutor to replay the prosecution by way of roadshows or public debates?  Does a fiat given to a prosecutor to conduct a prosecution confer a licence to embark on a public tirade against a convicted and incarcerated person, or has the prosecutor-by-fiat been nevertheless authorised by the Public Prosecutor to undertake these activities?
A former Attorney General is reported to have said that such conduct is unprecedented.
The "Standards of professional responsibility and statement of the essential duties and rights of prosecutors" adopted by the International Association of Prosecutors on 23 April 1999 provide, amongst others, that prosecutors shall:
(1) at all times maintain the honour and dignity of their profession;
(2) always conduct themselves professionally in accordance with the law and the rules and ethics of their profession;
(3) at all times exercise the highest standards of integrity and care;
(4) strive to be, and to be seen to be, consistent, independent and impartial;
(5) always serve and protect the public interest; respect, protect and uphold the universal concept of human dignity and human rights;
(6) remain unaffected by sectional interests and public or media pressures and shall have regard only to the public interest; act with objectivity; and
(7) preserve professional confidentiality.
Furthermore, the "Guidelines on the Role of Prosecutors" adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990 provide, amongst others, that prosecutors shall:
(1) as essential agents of the administration of justice, at all times maintain the honour and dignity of their profession;
(2) in accordance with the law, perform their duties fairly, consistently, and expeditiously, and respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system;
(3) carry out their functions impartially and avoid all political, social, religious, racial, cultural, sexual or any other kind of discrimination;
(4) protect the public interest and act with objectivity; and
(5) keep matters in their possession confidential, unless the performance of duty or the needs of justice require otherwise.
Are prosecutors governed by a set of practice and etiquette rules established by the Public Prosecutor, who is also the Attorney General, in a similar vein to the standards and guidelines referred to above, or the Legal Profession (Practice and Etiquette) Rules 1978 that govern advocates and solicitors?
The Public Prosecutor should perhaps shed light on these matters.

The prosecutorial discretion pursuant to Article 145(3) of the Federal Constitution is vested in the Attorney General.  However, as the late Sultan Azlan Shah once said, there is no such thing as an unfettered discretion, as every discretion has its legal limits.  Thus, although the exercise of discretion may be vested in an office, the exercise of it is accountable and is not beyond scrutiny.

There may thus be occasions when the Public Prosecutor or his office may be required to render an account of the exercise or non-exercise of the prosecutorial discretion or conduct on certain matters raised by the public.  We ought to bear in mind that, in any criminal prosecution, the Public Prosecutor's office represents the public interest, and not the Government.  Criminal prosecutions are thus in the name of the Public Prosecutor, and not in the name of the Government of Malaysia.

The account or clarification would usually be done in a clinical, measured and dispassionate manner, mindful that the office is a public office acting in furtherance of the public trust.

There certainly should be no place for roadshows or debates.

Any roadshow or public debate by a prosecutor with respect to a prosecution he had conducted, culminating in a conviction, would add nothing to the conduct of the prosecution, proceedings or conviction, but may potentially embarrass, or affect the public confidence in or perception of, the office of the Public Prosecutor.

It was also reported that the prosecutor-by-fiat had referred to, and revealed in public, matters or details of proceedings expressly held in camera.

Proceedings held in camera are proceedings that are not conducted in open court, and are without the presence of the public.  The court would usually make directions or set terms as to the ambit of the restriction in terms of any revelation or publication of the matters heard in camera.  Whether it is improper or a contempt of court for a prosecutor (or a prosecutor-by-fiat) or any party to reveal or publish matters and evidence heard in proceedings held in camera would depend on the directions made or terms set, if any, by the court, and whether those directions or terms have been breached.   
The directions or terms made with regard to any particular proceedings held in camera could only be ascertained from the notes of court proceedings on the matter, if available, and any breach thereof would be a matter for the parties involved in the criminal trial or the court itself to take up.

The media release dated 12 February 2015 by the Attorney General is an example of an account or response by the office of the Public Prosecutor in a clinical, measured and dispassionate manner.

We thank the Attorney General for the statistics provided with regard to prosecutions undertaken between 2010 and 2014 pursuant to section 377B of the Penal Code.  It would be informative to have the statistics, if any, for such prosecutions under section 377B from the 1990s to 2009.

The law is only as good and fair as if it is consistently and equally applied and enforced.  Section 377B, read with section 377A, criminalises both sodomy and oral sex (fellatio).  Section 377D has in the past been used to prosecute a participant or abettor in consensual sodomy.  The offences apply to heterosexuals and homosexuals.  It would be instructive to see what the statistics are for prosecutions for consensual oral sex under section 377B, read with section 377A, and under section 377D.

An analogy was drawn in the Attorney General's media release with a prosecution for a corruption offence, to explain why the complainant was not charged as a participant for abetment in the prosecution for consensual sodomy against Dato' Seri Anwar Ibrahim.

Is it a matter of policy, in the overall and long-term public interest, to grant immunity to those who are participants in an offence in order to prosecute other participants, instead of plea bargaining for an admission and lesser sentence, except where the participant is an agent provocateur acting with or emplaced by the authorities in a sting operation?  

In line with the analogy drawn in the said media release, it is to be noted that section 11 of the Whistleblower Protection Act 2010 provides that a participant in an offence cannot enjoy protection under the said Act, including the removal of any immunity from criminal action.  Although this Act came into force subsequent to the charge against Dato' Seri Anwar Ibrahim and is largely concerned with corruption, it may said that section 11 of the said Act is a statutory codification or reflection of the public interest policy with respect to there being no immunity for participants in offences.

The Bar raises these issues and asks questions because it is pro-rule of law and pro-justice.  The Bar is neither pro-Opposition nor pro-Government. 

Christopher Leong
President
Malaysian Bar

26 February 2015

--
-- 

Malaysia-(Conference) Companies Bill 2013 - Penang

(Conference) Companies Bill 2013 - Penang





>
Please find attached, our Conference brochure on Companies Bill 2013 being held on the 16th of April 2015 at the Eastern & Oriental Hotel Penang.

The objective of the seminar is to provide information and insight into the Companies Bill 2013, which will put into effect major changes to the laws which currently govern corporate bodies and their practices. The new provisions will impact on procedures and documentation, whilst maintaining the corporate structure and officers of the company

·         Incorporation & Capital Maintenance
·         Procedures of Meetings and Resolutions for Members & Proxies
·         Insolvency and Corporate Rescue
·         Duties and Liabilities of Directors

I will touch base with you to ascertain your interest. Alternatively you can revert back, on your interest by scanning across the registration form to us through email. Please do not hesitate to contact us for further inquiries. Thank you.
 The attendance package includes, our Bestselling book "Company Directors & The Law"

Marketing
Malaysian Current Law Journal Sdn Bhd (51143M)
E1-2 Jalan Selaman 1/2, Dataran Palma, 68000 Selangor Darul Ehsan, Malaysia

*if you do not wish to receive the promotion email, please email to priority@cljlaw.com to unsubscribed




--

Malaysia-Notification from the Court of Appeal to Criminal Law Practitioners

Notification from the Court of Appeal to Criminal Law Practitioners






​________________________________________________________________________________________________________________

Circular No 034/2015
Dated 26 Feb 2015
To Members of the Malaysian Bar
Notification from the Court of Appeal to Criminal Law Practitioners
Pursuant to a recent meeting between the President of the Court of Appeal, Criminal Bench of the Court of Appeal, Attorney General's Chambers and Bar Council Criminal Law Committee, we have been asked to relay the following information to criminal law practitioners: 
(1)          The Criminal Bench of the Court of Appeal will now have two panels, chaired by YA Dato' Aziah bt Ali and YA Datuk Wira Mohtarudin b Baki, respectively; 
(2)          The Court of Appeal will not entertain too many applications for postponement of cases, and any request for postponement must be made in advance;
(3)          Written submissions must be made within the stipulated time, to allow the judges sufficient time to read the submissions; and
(4)          Lawyers will be given adequate time to argue their case, and are to present oral submissions based on the pertinent issues.  Lawyers are reminded not to be repetitive, and are to have a good grasp of the law and facts in order to avoid interruptions and prolonged oral submission.
Should you have any enquiries, please contact Rajeswari Gunarasa, Officer, by telephone at 03-2050 2089, or by email at rajeswari@malaysianbar.org.my.
Thank you.
V Sithambaram and Ravi Nekoo
Co-Chairpersons
Criminal Law Committee
This circular may also be accessed here.



--
-- 

Malaysia-Malaysian Bar Annual Dinner & Dance 2015 (14 Mar 2015) | Featuring Junji Delfino, The David Gomes Big Band, and Louis the Maestro

Malaysian Bar Annual Dinner & Dance 2015 (14 Mar 2015) | Featuring Junji Delfino, The David Gomes Big Band, and Louis the Maestro





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


This circular and the attachment may also be accessed here.



--
-- 

Malaysia-Seminar on Introduction to Syariah Practice (20 Mar 2015)

Seminar on Introduction to Syariah Practice (20 Mar 2015)



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



This circular may also be accessed here.


--
-- 

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

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