Sunday, 22 October 2017

Asean Law Alert

Asean Law Alert





Asean Law Alert by Asean LIP

19 Oct 2017
MALAYSIACRIMINAL LAWNEWS
Gold Investment Company Consultant acquitted of Abetment
KUALA LUMPUR, Oct 17 (Bernama) - The High Court here today upheld the acquittal on a gold investment company consultant charged with abetment in receiving deposits illegally from the public amounting to RM5.5 billion, five years ago.
MALAYSIACRIMINAL LAWNEWS
Construction Worker jailed 18 Months for stealing Lamp Posts
PETALING JAYA, Oct 17 (Bernama) - A construction worker was jailed 18 months by the Magistrate's Court here today after he pleaded guilty to a charge of stealing eight steel lamp posts belonging to the Petaling Jaya City Council (MBPJ) last week.
MALAYSIACRIMINAL LAWNEWS
Kuantan Magistrate's Court rejects Remand Application on 'Boy Iman'
KUANTAN, Oct 17 (Bernama) - The Magistrate's Court today rejected the remand application on actor Datuk Noruliman A.Rahman or 'Boy Iman' and two individuals being held in connection with a housing sale fraud involving RM6.2 million.
MALAYSIACRIMINAL LAWNEWS
Seven Men fined RM500 for Brawl at Perak Stadium
IPOH, Oct 17 (Bernama) - Seven men were fined RM500 by the Magistrate's Court here today after they pleaded guilty in a brawl which broke out after the first Malaysia Cup semi-finals match between Perak and Johor Darul Ta'zim (JDT) at Perak Stadium on Sunday.
MALAYSIACRIMINAL LAWNEWS
Obstructing Police, Unemployed Man jailed Seven Months
KUALA LUMPUR, Oct 17 (Bernama) - An unemployed man was sentenced to seven months' jail by the Ampang Magistrate's Court here today for obstructing police from discharging their duties when he refused to stop his vehicle for inspection, apart from trying to escape arrest.
MALAYSIAGENERALNEWS
SAINS fined RM220,000 for violating Water Service Terms
SEREMBAN, Oct 17 (Bernama) - The Syarikat Air Negeri Sembilan (SAINS) was fined RM220,000 by the Sessions Court here today for two counts of failing to comply with the standard terms and conditions set in the individual licence.
MALAYSIACRIMINAL LAWJUDGMENTS
Public Prosecutor v Joseph Anak Madang
Date: 19 Sep 2017; Court: Court of Appeal; Citation: Criminal Appeal No. Q-05(SH)-44-01/2016; Source: Federal Court Registry
MALAYSIAEMPLOYMENT LAWJUDGMENTS
Ahmad Bin Ghazali v Rapid Bus Sdn Bhd
Date: 27 Sep 2017; Court: Industrial Court; Citation: Award No. 1352 of 2017; Source: Industrial Court
MALAYSIAEMPLOYMENT LAWJUDGMENTS
Mohamed Kassim Bin Abdul Rahman v Aluminium Company of Malaysia Berhad (Malay)
Date: 29 Sep 2017; Court: Industrial Court; Citation: Award No. 1371 of 2017; Source: Industrial Court
MALAYSIABANKING & FINANCELEGISLATION
Securities Commission Malaysia (Amendment) Act 2017
An Act to amend the Securities Commission Malaysia Act 1993.
MALAYSIAGENERALLEGISLATION
Lembaga Kemajuan Kelantan Selatan (Amendment) Act 2017
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
MALAYSIAGENERALLEGISLATION
Lembaga Kemajuan Johor Tenggara (Amendment) Act 2017
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
MALAYSIAGENERALLEGISLATION
Lembaga Kemajuan Wilayah Kedah (Amendment) Act 2017
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
MALAYSIAGENERALLEGISLATION
Child (Approved School) Regulations 2017
These Regulations come into operation on 1 October 2017.
MALAYSIAGENERALLEGISLATION
Child (Place of Safety) Regulations 2017
These Regulations come into operation on 1 October 2017.
A UM-MKMS Access to Law Initiative supported by the Asean Legal Community.

Malaysia-Press Release | Legal Action Filed to Seek Declarations that the Appointments of the Chief Justice and President of the Court of Appeal are Unconstitutional and Void

Press Release | Legal Action Filed to Seek Declarations that the Appointments of the Chief Justice and President of the Court of Appeal are Unconstitutional and Void





​_________________________________________________________________________________________________________________________
Press Release
Legal Action Filed to Seek Declarations that the Appointments of the Chief Justice and President of the Court of Appeal are Unconstitutional and Void
The Malaysian Bar has, pursuant to the resolution adopted by the Bar at its Extraordinary General Meeting held on 3 August 2017, filed a legal action at the Kuala Lumpur High Court on 10 October 2017 against YAA Tun Dato' Seri Arifin bin Zakaria, YAA Tun Md Raus bin Sharif and YAA Tan Sri Dato' Seri Zulkefli bin Ahmad Makinudin.
The full text of the resolution, entitled "Resolution on Upholding the Supremacy of the Federal Constitution and Defending the Independence and Integrity of the Judiciary", is available here.
The sealed Originating Summons has been served on all parties.
The Malaysian Bar seeks the following reliefs, inter alia, in the Originating Summons:
(1) A Declaration that the advice of YAA Tun Dato' Seri Arifin bin Zakaria, as the Chief Justice at the material time, to His Majesty the Yang di-Pertuan Agong on 30 March 2017, that YAA Tun Md Raus bin Sharif and YAA Tan Sri Dato' Seri Zulkefli bin Ahmad Makinudin be appointed as additional judges under Article 122(1A) of the Federal Constitution, is unconstitutional and void;
(2) A Declaration that the appointment of YAA Tun Md Raus bin Sharif as additional judge, announced on 7 July 2017, is unconstitutional and void;
(3) A Declaration that the appointment of YAA Tun Md Raus bin Sharif as Chief Justice of the Federal Court of Malaysia, with effect from 4 August 2017, is unconstitutional and void;
(4) A Declaration that the appointment of YAA Tan Sri Dato' Seri Zulkefli bin Ahmad Makinudin as additional judge, announced on 7 July 2017, is unconstitutional and void;
(5) A Declaration that the advice of YAA Tun Dato' Seri Arifin bin Zakaria, as the Chief Justice at the material time, to the Prime Minister, upon consultation being sought, that YAA Tan Sri Dato' Seri Zulkefli bin Ahmad Makinudin be appointed as the President of the Court of Appeal under Article 122B of the Federal Constitution, is unconstitutional and void;
(6) A Declaration that the appointment of YAA Tan Sri Dato' Seri Zulkefli bin Ahmad Makinudin as President of the Court of Appeal with effect from 28 September 2017, is unconstitutional and void; and
(7) Orders removing YAA Tun Md Raus bin Sharif and YAA Tan Sri Dato' Seri Zulkefli bin Ahmad Makinudin from their respective offices.
Case management for this matter has been fixed on 26 October 2017.  
George Varughese
President
Malaysian Bar
17 October 2017


Malaysia-Legal Action Filed to Seek Declarations that the Appointments of the Chief Justice and President of the Court of Appeal are Unconstitutional and Void

Legal Action Filed to Seek Declarations that the Appointments of the Chief Justice and President of the Court of Appeal are Unconstitutional and Void





_________________________________________________________________________________________________________________________
Circular No 235/2017
Dated 17 Oct 2017
To Members of the Malaysian Bar,

Legal Action Filed to Seek Declarations that the Appointments of the Chief Justice and President of the Court of Appeal are Unconstitutional and Void
The Malaysian Bar has, pursuant to the resolution adopted by the Bar at its Extraordinary General Meeting held on 3 Aug 2017, filed a legal action at the Kuala Lumpur High Court on 10 Oct 2017 against YAA Tun Dato' Seri Arifin bin Zakaria, YAA Tun Md Raus bin Sharif and YAA Tan Sri Dato' Seri Zulkefli bin Ahmad Makinudin.

The full text of the resolution, entitled "Resolution on Upholding the Supremacy of the Federal Constitution and Defending the Independence and Integrity of the Judiciary", is available here.

The sealed Originating Summons has been served on all parties.

The Malaysian Bar seeks the following reliefs, inter alia, in the Originating Summons:
(1) A Declaration that the advice of YAA Tun Dato' Seri Arifin bin Zakaria, as the Chief Justice at the material time, to His Majesty the Yang di-Pertuan Agong on 30 Mar 2017, that YAA Tun Md Raus bin Sharif and YAA Tan Sri Dato' Seri Zulkefli bin Ahmad Makinudin be appointed as additional judges under Article 122(1A) of the Federal Constitution, is unconstitutional and void;
(2) A Declaration that the appointment of YAA Tun Md Raus bin Sharif as additional judge, announced on 7 July 2017, is unconstitutional and void;
(3) A Declaration that the appointment of YAA Tun Md Raus bin Sharif as Chief Justice of the Federal Court of Malaysia, with effect from 4 Aug 2017, is unconstitutional and void;
(4) A Declaration that the appointment of YAA Tan Sri Dato' Seri Zulkefli bin Ahmad Makinudin as additional judge, announced on 7 July 2017, is unconstitutional and void;
(5) A Declaration that the advice of YAA Tun Dato' Seri Arifin bin Zakaria, as the Chief Justice at the material time, to the Prime Minister, upon consultation being sought, that YAA Tan Sri Dato' Seri Zulkefli bin Ahmad Makinudin be appointed as the President of the Court of Appeal under Article 122B of the Federal Constitution, is unconstitutional and void;
(6) A Declaration that the appointment of YAA Tan Sri Dato' Seri Zulkefli bin Ahmad Makinudin as President of the Court of Appeal with effect from 28 Sept 2017, is unconstitutional and void; and
(7) Orders removing YAA Tun Md Raus bin Sharif and YAA Tan Sri Dato' Seri Zulkefli bin Ahmad Makinudin from their respective offices.
Case management for this matter has been fixed on 26 Oct 2017.
We will notify Members as and when there are developments.

Thank you.
George Varughese
President
Malaysian Bar
This circular may also be accessed here.




Malaysia-In Style • Hong Kong Symposium 2017 (Kuala Lumpur | 7 Nov 2017)

In Style • Hong Kong Symposium 2017 (Kuala Lumpur | 7 Nov 2017)







Circular No 236/2017
Dated 19 Oct 2017

To Members of the Malaysian Bar
In Style • Hong Kong Symposium 2017 (Kuala Lumpur | 7 Nov 2017)
The In Style • Hong Kong Symposium 2017 ("Symposium") is a flagship event organised by the Hong Kong Trade Development Council ("HKTDC").  The Symposium aims to spotlight Hong Kong as a trendsetting hub, and how Hong Kong can support the expansion of Malaysian companies and firms.
Members of the Malaysian Bar — which is a member of the Hong Kong Malaysia Business Association — are invited to attend the Symposium on 7 Nov 2017 (Tuesday) at the Mandarin Oriental Kuala Lumpur.  Click here for more details, and to view the programme.

Cost

Members of the Bar can participate in the Symposium at no cost, by referring to this circular when during registration.
A travel incentive — which provides reimbursement, after the Symposium, for travel costs incurred — is available, to encourage Members of the Bar who are from outside Kuala Lumpur and Selangor to attend the Symposium.  Please contact Kenneth Ang, Bar Council Special Projects and International Liaison Director, regarding eligibility, and terms and conditions for the incentive.

How to Register
Kindly register by email to Kenneth Ang, at kenneth@malaysianbar.org.my, on or before 24 Oct 2017 (Tuesday).  Please provide the following information in your email:
(1) Full name;
(2) Bar Council membership number:
(3) Name and address of law firm;
(4) Telephone number; and
(5) Email address.
Should you have any enquiries, please contact Kenneth Ang by email at kenneth@malaysianbar.org.my.
Thank you.
Roger Chan Weng Keng
Secretary
Malaysian Bar 

This circular may also be accessed here.




The Private & International School Fair is back in KL on 4 & 5 Nov!

The Private & International School Fair is back in KL on 4 & 5 Nov!






10th Private & International School Fair in Kuala Lumpur

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VISIT OUR FAIR ON 4 - 5 NOVEMBER 2017!
Visit PrivateInternationalSchoolFair.com for more information!
Click to register below and be in the running to win prizes from Doof, VL Kids and Pelikan!
Register here!

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Visit the 10th PISF in KL on 4-5 Nov 2017!

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Visit the 10th PISF in KL on 4-5 Nov 2017!
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Online Land Search & MOT at Selangor, Johor, Penang, KL, Seremban & Any States in Malaysia

Online Land Search & MOT at Selangor, Johor, Penang, KL, Seremban & Any States in Malaysia







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