Asean Law Alert

Asean Law Alert

Asean Law Alert by Asean LIP

29 Aug 2018

MALAYSIAGENERAL & MISCNEWS Congress to help Draft New Bumiputera Economic Empowerment Agenda KUALA LUMPUR, Aug 27 (Bernama) - The Ministry of Economic Affairs is to organise a congress on the future of Bumiputeras and the nation on Sept 1 as a government discourse to formulate a new Bumiputera Economic Empowerment Agenda. MALAYSIAEMPLOYMENT & LABOUR LAWNEWS Cabinet to set Private Sector Minimum Wage this Week or Next - Kula Segaran SEPANG, Aug 28 (Bernama) - The Cabinet is to finalise setting the minimum wage for the private sector at its meeting this week or next, Human Resource Minister M. Kula Segaran said today. MALAYSIABANKING & FINANCENEWS EPF warns Members of Fake Website KUALA LUMPUR, Aug 28 (Bernama) - The Employees Provident Fund (EPF) has identified a viral message which claimed that members who worked between 1990 and 2018 are entitled to a RM6,000 incentive. MALAYSIACRIMINAL LAWNEWS Bauxite Mine Drowning: Sessions Court orders Land Owner to pay Damages of RM37,620 to Victims' Families KUANTAN, Aug 28 (Bernama) - The Sessions Court here today ordered the owner of an abandoned bauxite mining site in Taman Sungai Karang here to pay damages totalling RM37,620 to the families of three children who drowned there last year. MALAYSIACRIMINAL LAWNEWS Married Couple gets 14 Months' Jail for cheating KUALA LUMPUR, Aug 28 (Bernama) - A married couple was each sentenced to 14 months' jail by the Magistrate's Court here today for cheating by claiming that they could obtain a permanent resident of Malaysia identity card which was non-existent. MALAYSIACRIMINAL LAWNEWS Grab Driver jailed Four Months for biting Wife PETALING JAYA, Aug 28 (Bernama) - A Grab driver who bit and hit his wife for not preparing the break-of-fast meal was today sentenced to four months' jail for the Magistrate's Court here. MALAYSIAENVIRONMENTAL LAWNEWS Amend Wildlife Conservation Enactment 1997- WWF - Malaysia KOTA KINABALU, Aug 28 (Bernama) - WWF- Malaysia today reiterated its call for the state government to amend the Wildlife Conservation Enactment 1997 to preserve and prevent further killing of endangered elephants in Sabah. MALAYSIALITIGATION & COURT PROCEDURENEWS Judiciary makes History convening Nine-Member Bench PUTRAJAYA, Aug 28 (Bernama) - The judiciary created history today when a nine-member Federal Court bench convened for the first time to hear a commercial case involving constitutional issues. MALAYSIALITIGATION & COURT PROCEDUREJUDGMENTS Five Heritage Sdn Bhd and 5 Others v Peguam Negara Malaysia and 2 Others Administrative law – Judicial review – Ex-parte application for leave to make an application for judicial review under Order 53 rule 3(1) of the Rules of Court 2012 against the consent given by the Attorney General under section 9 of the Government Proceedings Act 1956 – Whether ... MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS Azrol Bin Mohd Sajudi v UMW Toyota Motor Sdn Bhd Date: 13 Aug 2018; Court: Industrial Court; Citation: Award No. 1905 of 2018; Source: Industrial Court MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS Bennett Subash Peter v Bon Ton Sdn Bhd Date: 14 Aug 2018; Court: Industrial Court; Citation: Award No. 1926 of 2018; Source: Industrial Court

A UM-MKMS Access to Law Initiative supported by the Asean Legal Community.

Launch of the Modul Awam Pendaftaran on 3 Sept 2018

Launch of the Modul Awam Pendaftaran on 3 Sept 2018 

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Circular No 205/2018
Dated 29 Aug 2018
To Members of the Malaysian Bar

Launch of the Modul Awam Pendaftaranon 3 Sept 2018

The Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan Kuala Lumpur (Federal Territories Director of Lands and Mines Office Kuala Lumpur, "PPTG WPKL") has informed us, in a letter dated 21 Aug 2018, of the launching of the Modul Awam Pendaftaran on 3 Sept 2018.

A total of five transactions are being launched with the Modul Awam Pendaftaran, namely the withdrawal of private caveat, vesting order by the court, discharge of charge, instruments of transfer and charge.  The respective guides for these transactions can be found at http://www.ptgwp.gov.my/portal/web/guest/manualpengguna-pendaftaran.
Members may complete the forms for these five transactions through the Modul Awam Pendaftaran.  The forms can then be printed for execution and stamping, and eventually submitted manually for presentation at the land office or registry.  Errors of particulars entered in the forms generated may be amended manually, as in current practice.
Please note that this is one step in the effort to a fully online system.  At this time, it is not mandatory to use these online forms, but Members are encouraged to use the forms.
Members may send feedback to conveyancing@malaysianbar.org.my.
The email from PPTG WPKL is reproduced below.  The letter and the notification from PPTG WPKL are attached for your reference.
Should you have any enquiries, please contact the e-Tanah hotline at 03-2693 6429, or by email at etanahklsupport@ptgwp.gov.my.
Thank you.
Roger Tan
Chairperson
Conveyancing Practice Committee

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Salam Sejahtera.
Tuan/Puan,
Dengan hormatnya saya merujuk perkara di atas.
Dimaklumkan bahawa Modul Awam Pendaftaran boleh mula digunapakai oleh pengguna Modul Awam e-Tanah pada 3 September 2018. Modul ini melibatkan lima (5) urusan iaitu Tarik Balik Kaveat Persendirian, Perletakhakan oleh Mahkamah, Melepaskan Gadaian, Pindahmilik Tanah dan Gadaian. Manual pengguna boleh dimuat turun di http://www.ptgwp.gov.my/portal/web/guest/manualpengguna-pendaftaran.
Sehubungan itu, kerjasama pihak tuan/puan amat diharapkan untuk membuat hebahan berkenaan penggunaan Modul Awam Pendaftaran kepada semua ahli-ahli di bawah seliaan pihak tuan/puan. Bersama ini disertakan surat rasmi dan pemakluman berkenaan perkara tersebut untuk perhatian pihak tuan/puan.
Segala kerjasama pihak tuan/puan didahului dengan ucapan terima kasih.
Sekian.
"BERKHIDMAT UNTUK NEGARA"
Saya yang menurut perintah,
NOR AZURA BINTI ABDUL RAHMAN
Ketua Penolong Pengarah,
Bahagian Pendaftaran,
Pejabat Pengarah Tanah dan Galian,
Wilayah Persekutuan Kuala Lumpur

Press Release | Halt the Caning of the Two Women in Terengganu, and Abolish Corporal Punishment

Press Release | Halt the Caning of the Two Women in Terengganu, and Abolish Corporal Punishment

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Press Release

Halt the Caning of the Two Women in Terengganu, and Abolish Corporal Punishment

The Malaysian Bar is troubled that the Syariah Court in Terengganu has sentenced two women to six strokes of the cane and a fine of RM3,300 for same-sex relations ("musahaqah").
The sentence of caning that has been imposed on the two women is a serious cause for concern. 
The Malaysian Bar unreservedly opposes corporal punishment, including caning.  It is a harsh and barbaric form of punishment that causes harmful and long-lasting psychological effects, and has no place in a modern and compassionate society such as ours.  Under international human rights law, corporal punishment constitutes a form of torture.  There is empirical evidence to show that it has failed as a retributory and deterrent sentence.  Punishment of this nature must be abolished.
The Malaysian Bar therefore calls on the Federal and State Governments to impose an immediate moratorium against all forms of corporal punishment, and to repeal provisions for such punishment in all legislation.  The Malaysian Bar also calls on the Federal Government to accede to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("UNCAT"), as pledged, without further delay, in what the Malaysian Bar hopes will be a positive step towards the total abolition of caning or whipping as a form of punishment for all offences. 
It is imperative that the Federal and State Governments take the necessary legislative and administrative measures to ensure that no person in this country is subjected to any form of torture or other cruel, inhuman or degrading treatment or punishment.  As a starting point, the Terengganu State Government must stay the caning of the two women.  The Malaysian Bar calls for the sentence of caning to be commuted.

George Varughese
President
Malaysian Bar
29 August 2018

COMING SOON: Pre-Order Now at 15% OFF!

COMING SOON: Pre-Order Now at 15% OFF!

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Discusses the laws governing the medical profession and the application of the law of negligence in the area of medical treatment This book has been authored primarily for medical practitioners in Malaysia. It is written in a manner that is easy to be understood for readers with no legal background. In the book, regular references are made to various legislation such as the Medical Act 1971, the Medical Regulations 2017, and the Traditional and Complementary Medicine Act 2016 which will help readers appreciate the statutory scheme regulating clinical practice in Malaysia. References are also made to guidelines like the Code of Professional Conduct by the Malaysian Medical Council. Each chapter of this book begins with a learning objective to ensure that the reader obtains a clear understanding of the subject matter covered. This book begins with a brief introduction to the Malaysian Legal System in general. It then goes on to discuss the laws governing the medical profession and the application of the law of negligence in the area of medical treatment. This book also deals with the elements of medical practice that may give rise to criminal liability on medical practitioners, especially gross negligence, abortion, assisted suicide and euthanasia. The topical issues of consent, refusal of consent, advance directive, organ donation and organ transplant are usefully covered. Rounding up the multi-faceted coverage of this book, the related topics of medical reports, expert opinion and the certification of death are considered. This book is written by an author with a unique background as he is a medical practitioner, a medical professor and also a law graduate. Drawing on this special set of skills and knowledge, the author provides an extremely illuminating account of the laws that govern clinical practice in Malaysia. It is fully up-to-date, taking into account amendments made by the Medical (Amendment) Act 2012 which came into force in July 2017. This book is suitable for medical practitioners who have already spent several years in the medical profession and for those who are just beginning their journey in the profession. Medical practitioners should have this book close to hand for easy reference. KEY FEATURES: Written in simple language for easy understanding of medical practitioners Contains case laws from different jurisdictions for reference Specific references made to relevant legislation and guidelines relevant to the medical profession Objectives of each chapter are clearly stated at the start of each chapter to facilitate a better appreciation of its content Download order form for more details. Promo Code: B46 (Valid until 30 September 2018) DUO (Paperback + ProView eBook) DUO ISBN: 9789672187271 Pub Date: September 2018 List Price: RM 80.00 Pre-Order NOW: RM68.00   ProView eBook Only e-ISBN: 9789672187288 Pub Date: September 2018 List Price: RM 64.00 Pre-Order NOW: RM 54.50 AUTHOR: Kulenthran Arumugam Delivered in DUO Print and Proview eBook included with exclusive eBook content DUO gives you authoritative legal content in two formats so that you have: A professional eBook platform Personalisation and annotation features Flexibility to work wherever and whenever you want Click here for more information on ProView eBook. ORDER NOW! Or for more information, Call +603 5115 3000  Fax: +603 5115 3100 Email: smamy.marketing@thomsonreuters.com Mail: Thomson Reuters Asia Sdn Bhd (1278218-W), Suite B-5-1 & 2, Level 5, Block B, Sky Park, One City, Jalan USJ 25/1, 47650 Subang Jaya, Selangor Darul Ehsan, Malaysia Website: www.sweetandmaxwellasia.com.my *Prices are valid in Malaysia and are subject to change without prior notice.

Asean Law Alert

Asean Law Alert

Asean Law Alert by Asean LIP

30 Aug 2018

MALAYSIAGENERAL & MISCNEWS Mercosur eyes FTA with Malaysia KUALA LUMPUR, Aug 29 (Bernama) - South American economic bloc Mercosur is looking to establish a free trade agreement with Malaysia, said Uruguay Ambassador to Malaysia Dr Nury Bauzan today. MALAYSIACRIMINAL LAWNEWS Security Firm Employee gets Jail, Whipping for CBT PETALING JAYA, Aug 28 (Bernama) - A finance officer of a security company was sentenced to two years' jail and two strokes of the rotan by the Sessions Court here today for misappropriating the company's funds amounting to over RM9,000 last month. MALAYSIAGENERAL & MISCNEWS Court dismisses Mohamad's Preliminary Objection against Dr Streram's Election Petition SEREMBAN, Aug 29 (Bernama) - The Special Election Court here today dismissed a preliminary objection by UMNO deputy president Datuk Seri Mohamad Hasan to strike out an election petition filed by PKR candidate for the Rantau state seat, Dr S. Streram. Judge Datuk Azimah Omar made ... MALAYSIACRIMINAL LAWNEWS Former Batu Berendam MP freed of Sedition Charge PETALING JAYA, Aug 29 (Bernama) - PAS member and former Batu Berendam Member of Parliament Mohd Tamrin Abdul Ghaffar was today acquitted and discharged by the Sessions Court here on a sedition charge. MALAYSIACRIMINAL LAWNEWS Appeals Court upholds RM25,000 Fine on Housewife for Neglect and Negligence over Son's Death PUTRAJAYA, Aug 29 (Bernama) - The Court of Appeal today upheld a Sessions Court's decision in imposing a fine of RM25,000 against a housewife for neglect and negligence over the death of her six-year-old son in 2014. MALAYSIACRIMINAL LAWNEWS Lawyer, Legal Manager charged with CBT, involving RM1.2 Million PETALING JAYA, Aug 29 (Bernama) - A lawyer and a legal manager were charged in the Sessions Court here today with criminal breach of trust (CBT) and abetment, respectively, involving more than RM1.2 million, from the balance in the sale of a house belonging to their client's com ... MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS Azlinda Binti Adeli v Barkath Stores/Barkath Management Services (Malay) Date: 20 Aug 2018; Court: Industrial Court; Citation: Award No. 1988 of 2018; Source: Industrial Court MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS Gejendran A/L Chinniah v UMW Toyota Motor Sdn Bhd Date: 21 Aug 2018; Court: Industrial Court; Citation: Award No. 1995 of 2018; Source: Industrial Court MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS Nallathamby A/L Rajoo v Polyplus Packages Sdn Bhd Date: 21 Aug 2018; Court: Industrial Court; Citation: Award No. 1997 of 2018; Source: Industrial Court MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS Mohd Basheer Bin Kutob Din v Linfox Transport (Malaysia) Sdn Bhd Date: 16 Aug 2018; Court: Industrial Court; Citation: Award No. 1952 of 2018; Source: Industrial Court

A UM-MKMS Access to Law Initiative supported by the Asean Legal Community.

Talk : Constitutional Law :- ‘The Impact of Coalition Politics in Malaysia’

Talk : Constitutional Law :- 'The Impact of Coalition Politics in Malaysia'
To:

SBC/CIR/059/2018

05th July, 2018 

Kindly click here to register and email to vasantha@sgorbar.org or fax to secretariat at 03 - 5519 9037.







Thank you.







Secretariat

Selangor Bar Committee.

Talk : 'Islamic Banking'

Talk : 'Islamic Banking'
To:

SBC/CIR/082/2018

11th August, 2018

Brochure (Download PDF)

Online Registration (URL Link)  

Thank you.

Secretariat
Selangor Bar Committee.

Asean Law Alert

Asean Law Alert

Asean Law Alert by Asean LIP

03 Sep 2018

MALAYSIAGENERAL & MISCNEWS Government to continue negotiating CPTPP Terms - Dr M KUALA LUMPUR, Sept 1 (Bernama) - The Government will continue to negotiate the terms of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) until it is satisfied that they will not be detrimental to the country, Tun Dr Mahathir Mohamad said. MALAYSIAFAMILY & CHILD LAWNEWS Johor Government to establish Committee to help Women NGOs JOHOR BAHRU, Sept 1 (Bernama) - The Johor state government will set up a sepcial committee to coordinate and assist Women NGOs in the state. MALAYSIAGENERAL & MISCNEWS Judicial Meddling: Further Action only after Internal Investigations completed - Liew PUTRAJAYA, Sept 1 (Bernama) - Minister in the Prime Minister's Deparment Datuk Liew Vui Keong said further action on allegations of the judicial interference in two high profile cases under the previous government administration will only be taken once the internal investigation ... MALAYSIAENVIRONMENTAL LAWNEWS New SOP to deal with open burning in Peat Soils - Yeoh Bee Yin KLANG, Sept 1 (Bernama) - A new standard operating procedure (SOP) will be drafted soon to holistically address open burning activities particularly in areas with peat soil like Johan Setia here, said Energy, Green Technology, Science and Climate Change Minister Yeoh Bee Yin. Sh ... MALAYSIACONSTITUTIONAL LAW & CIVIL RIGHTSNEWS Federal Court grants Final Adjournment in hearing over Stateless Children PUTRAJAYA, Aug 30 (Bernama) - A Federal Court nine-man bench today granted a final adjournment of the hearing of the appeals of five cases involving Malaysian-born children over the granting of citizenship. Senior federal counsel Suzana Atan had informed the court that she was i ... MALAYSIACRIMINAL LAWNEWS Jobless Man gets Death for Murder GEORGE TOWN, Aug 30 (Bernama) - The High Court here today sentenced an unemployed man to death by hanging after he was found guilty of murdering a man here two years ago. MALAYSIACRIMINAL LAWNEWS Call to repeal Law that punish Individuals who attempted Suicide KUALA LUMPUR, Aug 30 (Bernama) - The Malaysian Psychiatric Association has called upon the government to repeal the Section 309 of the Penal Code that provides punishment for an attempted act of suicide. MALAYSIAGENERAL & MISCNEWS Malaysia, Sri Lanka agree to enhance Monitoring of Regional Waters PUTRAJAYA, Aug 30 (Bernama) - Malaysia and Sri Lanka have agreed to strengthen cooperation in monitoring the waters between the two countries says Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail. MALAYSIAEMPLOYMENT & LABOUR LAWNEWS OSHCIM will be tabled in Parliament by Year End PUTRAJAYA, Aug 30 (Bernama) - The enforcement of the Guidelines on Occupational Safety and Health in Construction Industry (Management) (OSHCIM) being mandatory will be tabled in Parliament by the end of the year, said Department of Occupational Safety and Health (DOSH) director ... MALAYSIAGENERAL & MISCNEWS Khairuddin withdraws Suit against Najib, Rosmah, Jho Low, 1MDB, Zahid KUALA LUMPUR, Aug 30 (Bernama) - Former Batu Kawan UMNO division chief Datuk Seri Khairuddin Abu Hassan has withdrawn his lawsuit against businessman Low Taek Jho or Jho Low, Datin Seri Rosmah Mansor and 1Malaysia Development Bhd (1MDB) over the return of a 22-carat pink diamond ... MALAYSIACONTRACTS & COMMERCIALJUDGMENTS Chow Kwee Chai v PGL Vision Sdn Bhd Date: 04 Jul 2018; Court: Court of Appeal; Citation: [2018] MYCA 215; Source: Federal Court Registry MALAYSIAMEDICAL LAWLEGISLATION Medical (Amendment of Second Schedule) (No. 3) Order 2018 This is to notify the amendment of the Second Schedule to the Medical Act 1971. MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS Uma Maniam A/L Muthusamy v Tanjong Management Services Sdn Bhd Date: 15 Aug 2018; Court: Industrial Court; Citation: Award No. 1936 of 2018; Source: Industrial Court MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS Ab Latiff Bin Sahat v Sibu Island Resorts Sdn Bhd (Malay) Date: 14 Aug 2018; Court: Industrial Court; Citation: Award No. 1924 of 2018; Source: Industrial Court MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS Wan Abdul Rahman Bin Wan Mohd Isa v Hyundai-Sime Darby Motors Sdn Bhd Date: 14 Aug 2018; Court: Industrial Court; Citation: Award No. 1925 of 2018; Source: Industrial Court

A UM-MKMS Access to Law Initiative supported by the Asean Legal Community.