Thursday, 6 September 2018

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 




MBARLH.jpg

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

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




MBARLH.jpg

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







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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



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Online Registration (URL Link)  

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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.

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