Monday, 23 November 2015

Newsletter November 2015

Newsletter November 2015






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Thomson Reuters Legal
Malaysia
Newsletter
November 2015
Dear customer,
Please see the following key highlights of November 2015:
Promotions
Westlaw Asia Promotion
Get an additional month of free access when you sign up for a 1 year subscription
(promo valid till 31 Dec 2015)
Receive a 1 year subscription* to Westlaw Asia when you purchase Malaysian Civil Procedure 2015 (2 Volumes)
Australian Law Collection – 15% off titles! Promotion valid till 30 November 2015
China Law Collection – 25% off titles! Promotion valid till 30 November 2015
ProView eBook Packages! Enjoy up to 56% off! Promotion valid till 15 December 2015
Year End Sale – Enjoy 15% off selected titles!
* Terms and conditions apply
Latest New Arrivals
Malaysia
Criminal Litigation Process (3rd Ed)
Malaysian GST Handbook
Patent Law in Malaysia – Cases and Commentary (2nd Ed)
Malaysian Civil Procedure 2015 (2 Volumes)
Singapore
Singapore Civil Procedure 2016 (2 Volumes)
Major Issues in Company Law (4th Edition) – with PRC Chinese and English Comparative Law Notes
Law & Practice of Commercial Litigation in Singapore
Bullen & Leake & Jacob's Singapore Precedents of Pleadings
Forthcoming Titles
UK
Chitty on Contracts (32nd Ed)
Keating on Offshore Construction and Marine Engineering Contracts
The Law of Reinsurance (4th Ed)
MacGillivray on Law of Insurance Law (13th Ed)
Hong Kong
Documentary Evidence in Hong Kong
Brooke's Notary Hong Kong (2nd Ed)
Practical Guide to the Hong Kong Competition Ordinance
The Hong Kong Arbitration Ordinance: Commentary & Annotations (2nd Ed)
Media & Sponsorship
ALB Magazine Editorial Preview December 2015
Cover Story State of the market
Report The year in 2016
Report Myanmar
Feature From a land down under
Managing Partner Q&A Rafael A. Morales, SYCIP
Guide Shopping/Luxury
Events
Thomson Reuters Legal Book Fairs
Visit us at these locations and get special discounts on selected titles:
23 – 26 November Kompleks Mahkamah Tinggi, Melaka
7 – 11 December Kompleks Mahkamah Tinggi, Kota Kinabalu
Yours sincerely,
Thomson Reuters Legal
Latest New Arrivals
 ProView eBook version available

Malaysia
Criminal Litigation Process (3rd Ed)
PRE-PUBLICATION OFFER
Pub Date: Nov 2015
Format - Print
ISBN: 978-967-0915-23-4
Price: RM 415.00, RM 352.75
Format - ProView eBook
eISBN: 978-967-0915-24-1
Price: RM 395.91 RM 336.52
Bundle Price: RM 458.99 RM 390.14
Malaysian GST Handbook
Pub Date: Sep 2015
Format - Paperback
ISBN: 978-967-0735-59-7
Price: RM 180.00
Format - ProView eBook
eISBN: 978-967-0915-00-5
Price: RM 171.72
Bundle Price: RM 199.08
Patent Law in Malaysia – Cases and Commentary (2nd Ed)
Pub Date: Sep 2015
Format - Hardback
ISBN: 978-967-0735-89-4
Price: RM 350.00
Format - ProView eBook
eISBN: 978-967-0735-96-2
Price: RM 333.90
Bundle Price: RM 387.10
Malaysian Civil Procedure 2015 (2 Volumes)
Pub Date: Jun 2015
Format - Hardback
ISBN: 978-967-0735-90-0
Price: RM 1,600.00
Format - ProView eBook
eISBN: 978-967-0735-97-9
Price: RM 1,526.40
Bundle Price: RM 1,769.60

Singapore
Singapore Civil Procedure 2016 (2 Volumes)
PRE-PUBLICATION OFFER
Pub Date: Dec 2015
Format - Hardback
ISBN: 978-981-09-7578-4
Price: RM 4576.50, RM 3890.00
Major Issues in Company Law (4th Edition) – with PRC Chinese and English Comparative Law Notes
PRE-PUBLICATION OFFER
Pub Date: Nov 2015
Format - Print
ISBN:
Price: RM 640.00, RM 544.00
Format - ProView eBook
eISBN:
Price: RM 610.60, RM 519.00
Bundle Price: RM 775.70, RM 659.35
Law & Practice of Commercial Litigation in Singapore
Pub Date: Oct 2015
Format - Hardback
ISBN: 978-981-09-5782-7
Price: RM 1,280.00
Format - ProView eBook
ISBN: 978-981-09-5783-4
Price: RM 1221.10
Bundle Price: RM 1,551.35
Bullen & Leake & Jacob's Singapore Precedents of Pleadings
Pub Date: Nov 2015
Format - Hardback
ISBN: 978-981-09-6343-9
Price: RM 1,760.00 RM 1,496.00
Format - ProView eBook
eISBN: 978-981-09-6344-6
Price: RM 1,679.05, RM 1,427.20
Bundle Price: RM 2,133.12, RM 1,813.15
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Forthcoming Titles
 ProView eBook version available

UK
Chitty on Contracts (32nd Ed)
PRE-PUBLICATION OFFER 15%
Pub Date: May 2015
Format - Hardback
ISBN: 978-041-4050-69-3
Price: RM 3,527.75, RM 2,998.60
Keating on Offshore Construction and Marine Engineering Contracts
Pub Date: Sep 2015
Format - Hardback
ISBN: 978-041-4028-71-5
Price: RM 1,438.50
The Law of Reinsurance (4th Ed)
Pub Date: Oct 2015
Format - Hardback
ISBN: 978-0414-052-02-4
Price: RM 2,363.25
MacGillivray on Law of Insurance Law (13th Ed)
Pub Date: Oct 2015
Format - Hardback
ISBN: 978-0414-050-72-3
Price: RM 2,979.75

Hong Kong
Documentary Evidence in Hong Kong
Pub Date: Oct 2015
Format - Hardback
ISBN: 978-9626-617-60-1
Price: RM 1,563.50
Format - ProView eBook
eISBN: 978-9626-618-26-4
Price: RM 1,563.50
Brooke's Notary Hong Kong (2nd Ed)
Pub Date: Dec 2015
Format - Hardback
ISBN: 978-9626-617-74-8
Price: RM 840.00
Practical Guide to the Hong Kong Competition Ordinance
Pub Date: Dec 2015
Format - Hardback
ISBN: 978-9626-618-67-7
Price: RM 759.90
The Hong Kong Arbitration Ordinance: Commentary & Annotations (2nd Ed)
Pub Date: Sep 2015
Format - Hardback
ISBN: 978-962-6617-46-5
Price: RM 1,408.90
Format - ProView eBook
eISBN: 978-962-6617-82-3
Price: RM 1,408.90
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Westlaw Asia
What's New! November 2015
Australia and New Zealand
Now with Australian and New Zealand case law, Westlaw Asia provides a holistic common law legal research experience in a single platform.

New Zealand case law spans more than 30 online databases comprised of over 160,000 cases from New Zealand's supreme courts, specialist courts and tribunals dating back to 1847. With Westlaw's powerful search tool, you can pin-point the exact information required. Receive daily updates on case law from New Zealand's BriefCase database.
Philippines
Westlaw Philippines can assist you in preparing for court, with historical coverage and ongoing decisions from the Supreme Court of the Philippines
More Jurisdictions
Access content from the wider Asia region through a single legal research platform enabling you to keep up to date with the latest legal developments across Asia from more than 19 Jurisdictions!
Current Awareness and Commentary covering:
Brunei | Cambodia | China | Indonesia | Japan | Korea | Laos | Macau | Mongolia | Myanmar | Offshore | Taiwan | Thailand | Vietnam
Westlaw Next Integration
Users who register for OnePass can take advantage of seamless authentication into Westlaw Next.
This provides a convenient way to access the additional legal content on Westlaw Next without signing in to a different account.
Alerts
Alerts previously setup in Westlaw HK or Westlaw Malaysia can be activated in Westlaw Asia..
Your current alerts that keep you up-to-date with changes in the law can be reactivated with just one click.
Current Awareness
Expanded current awareness now covers 10 more Asian jurisdictions providing you coverage areas such as Commentary and Current Awareness.
If you would like more information or to discuss how your subscription can work better for you, please contact your account managers.

For any other enquiries, please email us at ask@westlawasia.com or call +65 63184872.
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PROVIEW EBOOK
ProView eBook Packages!
Enjoy huge savings on individual eBook titles when you purchase our packages which are carefully selected for legal practitioners.
Malaysia Civil / Criminal Law & Procedure Package
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Practical Law
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"Practical Law is certainly a useful virtual library providing multi-jurisdictional legal updates, general practice notes and drafting precedents across a wide variety of specialisations. Great tool for in-house counsel to have as Practical Law functions as a more up-to-date legal encyclopedia that can be accessed easily and speedily at your fingertips at any time."
- Jean Hee, Legal Counsel, SingEx Holdings Pte Ltd
To request a demo/free trial or for more information:
Email: smamy.marketing@thomsonreuters.com
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For more information
Call +603 5115 3000 - Email smamy.marketing@thomsonreuters.com

For more information about our legal products and solutions, please visit:

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Asian Legal Business: www.legalbusinessonline.com/asia
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Malaysia-POSTPONEMENT | Public Forum on "Whither the Federal Constitution -- Do Fundamental and Minority Rights Matter?" (19 Dec 2015)

POSTPONEMENT |Public Forum on "Whither the Federal Constitution -- Do Fundamental and Minority Rights Matter?" (19 Dec 2015)





​POSTPONEMENT:  We regret that this public forum has been postponed to 19 Dec 2015 (Saturday), from 9:30 am to 1:00 pm.  We will provide updated details once available.  We apologise for any inconvenience caused.


​__________________________________________________________________________________________________________________

Circular No 255/2015
Dated 17 Nov 2015

To Members of the Malaysian Bar, Pupils in Chambers, Law Students, and Members of the Public

Public Forum on "Whither the Federal Constitution — Do Fundamental and Minority Rights Matter?" (19 Dec 2015)

Recent judicial decisions in a string of constitutional challenges, all within the span of one month, have raised serious doubts whether the fundamental and minority rights guaranteed in the Federal Constitution are being protected and preserved by the courts.

(1)    Firstly, on 28 Sept 2015, the Federal Court in the Ezra Zaid case decided that in respect of Muslim persons, the freedom of speech and expression under the Federal Constitution could be circumscribed by a state Islamic enactment.  The Court interpreted the provisions of the enactment liberally, without proper regard for the constitutionally-guaranteed fundamental liberty of the individual.

(2)    Three days later, on 1 Oct 2015, the Court of Appeal in the R Yuneswaran case chose to depart from its earlier decision in Nik Nazmi Nik Ahmad's case.  The Court held that section 9(5) of the Peaceful Assembly Act 2012 was not unconstitutional, as Parliament could criminalise the failure of an individual to give 10 days' prior notification of the holding of a peaceful assembly.  The Court failed to appreciate that a criminal sanction in relation to a procedural non-compliance of the Act is a de facto restriction of the constitutional right to assemble peaceably and without arms, and therefore unconstitutional.

(3)    Then, on 6 Oct 2015, the Federal Court in Azmi Sharom's case decided that a pre-Merdeka law, namely the Sedition Act 1948, which criminalises speech, is constitutionally valid.  In this regard, the transitional provisions in the Federal Constitution, which allows for Parliament to retain pre-Merdeka limitations on free speech, were upheld.  It has been decided that there is no obligation for Parliament to apply its mind, post-Merdeka, to ensure that restrictions to free speech were only to be imposed for the purposes permitted by the Federal Constitution.

(4)    Two days later, on 8 Oct 2015, the Federal Court in the case of State Government of Negeri Sembilan & Ors v Muhammad Juzaili & Ors allowed an appeal by the state concerning three transgender women who had been charged with the offence of cross-dressing.  The Court relied on a purported procedural non-compliance to set aside the ground-breaking and rights-upholding decision of the Court of Appeal in favour of the three transgender women.

(5)    On 13 Oct 2015, the Federal Court in See Chee How & Anor v Pengerusi Suruhanjaya Pilihanraya Malaysia denied leave to appeal in a case involving the re-delineation exercise in Sarawak.  The Court appeared to have decided that the leave application was academic, as the Election Commission had already completed the exercise and submitted its report to the Prime Minister.  The fact that the report had not yet been placed before Parliament, and was therefore not yet acted upon, was not considered relevant.

(6)    Finally, it was reported that on 20 Oct 2015, the Federal Court dismissed the constitutional challenge to the Kelantan Syariah Criminal Code (II) (1993) on the basis that the applicants were not Muslims.  This narrow reading of the requirement of standing (locus standi) resulted in the court side-stepping the substantive merits of the case, which include the basic structure of the Federal Constitution as well the fundamental rights found in Part 2 of the Federal Constitution.

These cases demonstrate a great reluctance on the part of the courts to invalidate legislation or state enactments on constitutional grounds.  Where fundamental liberties are concerned, the courts are prepared to interpret restrictions widely, to the point where the exercise of the fundamental right is either completely prevented or rendered illusory.  The interest of the state appears to prevail over the constitutional rights of citizens.

Many troubling issues and questions arise from these cases.  Has the Judiciary abdicated its responsibility to "preserve, protect, and defend" the sanctity of the Federal Constitution?  Can individuals and minorities look to the courts to defend their fundamental rights?  Is the doctrine of separation of powers alive and well in our constitutional scheme?  Or have our Courts become subservient to the legislature and the executive?  Are our Courts asserting their judicial power and independence in upholding the rule of law?  Or are our Courts prepared to allow rule by law and the abnegation of individual and fundamental constitutional rights?

To address these concerns and other matters, the Bar Council is organising a public forum entitled "Whither the Federal Constitution — Do Fundamental and Minority Rights Matter?"  We will have the benefit of the views of constitutional lawyers and an eminent panel of retired senior judges.

The details of the public forum are as follows:

Date:                           19 Dec 2015 (Saturday)
Time:                          9:30 am to 1:00 pm (Registration begins at 9:00 am)
Venue:                        Raja Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh Pasar Besar, Kuala Lumpur
CPD Code / Points:     T3/19122015/BC/BC152445/2 (Two)

Admission is free, but advance registration is required.

To register, please complete and submit the attached reply slip by 17 Dec 2015 (Thursday) to anusha@malaysianbar.org.my, or bazli@malaysianbar.org.my, or by fax at 03-2031 6640.

Should you have any enquiries, please contact Anusha Gopala Krishnan, Officer (03-2050 2097; anusha@malaysianbar.org.my) or Muhammad Bazli Naim b Abdul Azid, Administrative Assistant (03-2050 2094; bazli@malaysianbar.org.my).
   
Thank you.

Roger Chan Weng Keng and Firdaus Husni
Co-Chairpersons
Constitutional Law Committee


This circular and the attachment may also be accessed here.
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Malaysia-Talk on Technology for Law Firms: Revised to Cover GST Accounting (3 Dec 2015)

Talk on Technology for Law Firms: Revised to Cover GST Accounting (3 Dec 2015)





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



This circular may also be accessed here.

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Malaysia-Meeting with Chief Justice

Meeting with Chief Justice
To:


SBC/CIR/088/2015
18th November, 2015


Dear Members of the Bar,    Bar Council Members will be attending a meeting with Chief Justice on 30th November, 2015 in Putrajaya.    Selangor Bar Chairman, Mr. Salim Bashir and Bar Council Representative, Dato' Rajpal Singh have been invited to attend the meeting.    Herein, we are seeking if there is any policy issues affecting your practice in Selangor Courts that you wish for our representatives to consider raising with Chief Justice in this meeting.    Members are requested to revert on or before 25th November, 2015 by fax to : 03-5519 9037 or by email to : secretariat@sgorbar.org      Thank you,    SALIM BASHIR  Chairman,  Selangor Bar Committee.

 

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

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