Sunday, 16 December 2018

Asean Law Alert

Asean Law Alert



Asean Law Alert by Asean LIP

14 Dec 2018
MALAYSIAGENERAL & MISCNEWS
SC welcomes Malaysia's Improved Ranking in Corporate Governance
KUALA LUMPUR, Dec 13 (Bernama) - The Securities Commission Malaysia (SC) is encouraged by the recognition of Malaysia's initiatives to improve corporate governance, which was a result of the collective effort by various stakeholders.

MALAYSIACRIMINAL LAWNEWS
Police Officer jailed Three Years, fine RM10,000 for Bribery
SHAH ALAM, Dec 13 (Bernama) - A police officer with the rank of assistant superintendent was sentenced to three years' jail and fined RM20,000, in default a year's jail, for accepting bribe of RM4,000 froma construction company owner last year.

MALAYSIAARBITRATION & ADRNEWS
Transport Ministry ready to mediate in MAHB-AirAsia Dispute
SEPANG, Dec 13 (Bernama) - The Transport Ministry is prepared to mediate in the passenger service charge (PSC) dispute between Malaysia Airports Holdings Bhd (MAHB) and the AirAsia group to de-escalate tensions, said its minister Anthony Loke.

MALAYSIACRIMINAL LAWNEWS
Three Thai Nationals plead guilty to Criminal Trespass
KUANTAN, Dec 13 (Bernama) - Three Thai nationals were sentenced to three months' jail each by the Magistrate's Court here today for criminal trespass into a military training ground belonging to the Federal Land Commissioner.

MALAYSIACRIMINAL LAWNEWS
Five pleaded guilty to making False Police Reports
KUANTAN, Dec 13 (Bernama) - Five individuals, including a woman, pleaded guilty in separate Magistrate's Court here today to making false police report over loss of their identity cards.

MALAYSIAEMPLOYMENT & LABOUR LAWNEWS
Sarawak agrees to amend Labour Ordinance - Kula Segaran
KUCHING, Dec 13 (Bernama) - Sarawak has agreed on principle to a proposal to amend the Sarawak Labour Ordinance to ensure the uniformity of the implementation of labour laws in Malaysia.

MALAYSIAEMPLOYMENT & LABOUR LAWNEWS
Draft Report on Foreign Workers' Management is ready - Kula Segaran
KUCHING, Dec 13 (Bernama) - The Foreign Workers' Management Independent Committee's draft report containing over 40 recommendations relating to the recruitment of foreign workers has been completed, and will be tabled to the Ministry of Human Resources and the Ministry of Home A ...

MALAYSIACRIMINAL LAWJUDGMENTS
Sundar A/L Subramaniam v Pendakwa Raya and Another Appeal (Malay)
Date: 11 Dec 2018; Court: Court of Appeal; Citation: [2018] MYCA 413; Source: Federal Court Registry

MALAYSIACRIMINAL LAWJUDGMENTS
Lim Kih Chong v Pendakwa Raya and Another Appeal (Malay)
Date: 14 Nov 2018; Court: Court of Appeal; Citation: [2018] MYCA 412; Source: Federal Court Registry

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Wan Norasiah Binti Wan Nordin v Ecart Services Malaysia Sdn Bhd
Date: 04 Dec 2018; Court: Industrial Court; Citation: Award No. 3108 of 2018; Source: Industrial Court

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Yana Zamira Binti Abdul Latif v Hitachi Chemical (Selangor) Sdn Bhd
Date: 05 Dec 2018; Court: Industrial Court; Citation: Award No. 3124 of 2018; Source: Industrial Court

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

Malaysia-Press Release | Summon the Moral Courage to Uphold Human Rights for All

Press Release | Summon the Moral Courage to Uphold Human Rights for All







Press Release

Summon the Moral Courage to Uphold Human Rights for All
On the occasion of Human Rights Day, which is observed on 10 December annually, the Malaysian Bar notes the commendable and much welcomed progress in the strengthening of human rights in Malaysia over the past seven months.  They include the Government's announcements of its intention to abolish the death penalty for all offences, accede to the remaining six core international human rights instruments to which Malaysia is not yet a State Party, establish the Independent Police Complaints and Misconduct Commission, and abolish laws that it itself had described as "tyrannical" and "oppressive". 
We also note the Government's stated acknowledgement of and respect for the constitutional rights to freedom of assembly and expression.
However, several events in recent weeks have cast a shadow over the Government's vision of stronger protection of human rights in Malaysia.  Notwithstanding the advancements that have been made — the Prime Minister's strong speech in support of human rights at the United Nations General Assembly ("UNGA") in New York on 28 September 2018, the resolution of the Dewan Rakyat on 16 October 2018 making the Prime Minister's UNGA speech the foundation of Malaysia's foreign policy, and the reiteration of Malaysia's commitment to human rights during the Universal Periodic Review of Malaysia by the United Nations Human Rights Council in Geneva on 8 November 2018 — the about-turn of the Government's intention to accede to the International Convention on the Elimination of All Forms of Racial Discrimination to placate certain parties is at the very least, a disappointment.
At worst however, it could signal a reneging of those very same manifesto promises that attracted voters to support a change in government on 9 May 2018.
The same may be said of the Government's announcement that it has decided to withdraw the moratorium that it had imposed on the use of the Sedition Act 1948, Section 233 of the Communications and Multimedia Act 1998, Security Offences (Special Measures) Act 2012, Prevention of Terrorism Act 2015, and Prevention of Crime Act 1959 in reaction to incidents of disorderly conduct at the Sri Maha Mariamman Temple in Subang Jaya.
Whilst the Government's backpedalling on these human rights issues may, at least partly, be due to a desire for expediency in executive action to achieve its desired results, it is a step in the wrong direction.
It takes leaders with an unwavering moral compass and a steadfast commitment to human rights and the rule of law to uphold the dignity of the human person at all times, even in the face of fierce opposition.
On the occasion of Human Rights Day 2018, and particularly on this 70th anniversary of the adoption of the Universal Declaration of Human Rights, the Malaysian Bar calls on the Government to remain faithful to its manifesto promises on human rights, and resolute in its implementation of the same.
In this regard, we recall the words of the late Robert F Kennedy, the 64th United States Attorney General:
Few men are willing to brave the disapproval of their peers, the censure of their colleagues, the wrath of their society.  Moral courage is a rarer commodity than bravery in battle or great intelligence.  Yet it is the one essential, vital quality for those who seek to change a world that yields most painfully to change. 
 
George Varughese
President
Malaysian Bar
13 December 2018







Malaysia-Invitation to volunteer to represent and/or hold Watching Brief Lawyers for Civil Society Organisations & Non-Governmental Organisations.

Invitation to volunteer to represent and/or hold Watching Brief Lawyers for Civil Society Organisations & Non-Governmental Organisations.
To:



SBC/CIR/130/2018
12th December, 2018

Invitation to volunteer to represent and/or hold Watching Brief Lawyers for Civil Society Organisations & Non-Governmental Organisations.
In view of the increasing number of complaints and legal proceedings in respect of human rights and/or public policy issues, the Selangor Bar Committee seeks to assist Civil Society Organisations and Non-Governmental Organisations by offering legal representation and/or holding Watching Brief on a strictly voluntary and pro-bono basis, whenever the need arises in such cases.Therefore the Selangor Bar Committee seeks volunteer lawyers for this task.  Volunteer lawyers will be appointed directly by the Civil Society Organisations and Non-Governmental Organisations and their scope of work will be decided by the respective Civil Society Organisations and Non-Governmental Organisations concerned.If you would like to serve the Selangor Bar by offering your time and services, kindly provide details of your full name, firm name, Bar Council membership number, handphone number and your email to: secretariat@sgorbar.org
Thank you, SecretariatSelangor Bar Committee

 
























Malaysia-Selangor Bar Vision

Selangor Bar Vision




SBC/CIR/128/2018
12th December, 2018

Dear Members of the Selangor Bar & Pupils in Chambers,The Selangor Bar Committee at its meeting held on 4th December, 2018 deliberated and discussed at length the vision to propel the Selangor Bar into the future and has now arrived at a common vision which shall operate as a guide for the future direction of the Selangor Bar Committee.This vision is fluid and is capable of being updated at all times. The Selangor Bar Committee will strive to make this vision a reality.
Thank you,A.G. KalidasChairmanSelangor Bar Committee

 




















































Malaysia-CONVEYANCING PRACTICE : UPDATES & GUIDELINES: PRESENTATION COUNTER AT THE PEJABAT TANAH DAN GALIAN SELANGOR CLOSED

CONVEYANCING PRACTICE : UPDATES & GUIDELINES: PRESENTATION COUNTER AT THE PEJABAT TANAH DAN GALIAN SELANGOR CLOSED




SBC/CIR/129/2018
12th December, 2018

Dear Members of the Selangor Bar,

Please be informed that we have been notified that the presentation counter at the Pejabat Tanah dan Galian Selangor shall be closed due to the changing of the main switch by the Unit Pengurusan Bangunan SUK. 

The Lower Ground counter for landed matters shall be resumed once the change has been completed. 

Thank you.

Secretariat
Selangor Bar Committee 


 




































Malaysia-Implementation of the E-Review Module in the High Court (Commercial), Kuala Lumpur

Implementation of the E-Review Module in the High Court (Commercial), Kuala Lumpur








Circular No 299/2018
Dated 14 Dec 2018


To Members of the Malaysian Bar

Implementation of the E-Review Module in the High Court (Commercial), Kuala Lumpur
The Deputy Chief Registrar (Operations) of the Federal Court, Sabariah Binti Othman, has extended to us a copy of a notice entitled "Makluman Pelaksanaan Modul E-Review di Mahkamah Tinggi (Dagang) Kuala Lumpur", dated 13 Dec 2018, pertaining to the implementation of the online case management ("e-Review") module in the High Court (Commercial), Kuala Lumpur Court Complex.

Please be informed that the e-Review module will be implemented as a trial run for all new filings from 24 Dec 2018 (Monday).

Details of the training sessions (which are identical) on the usage of the e-Review system are as follows:

No
Date
Morning Session
Afternoon Session
1 19 Dec 2018
(Wednesday)
10:00 am to 12:00 noon 
(Government agencies and law firms)
2:30 pm to 4:30 pm
(Government agencies and law firms)
2 20 Dec 2018
(Thursday)
10:00 am to 12:00 noon
(Government agencies and law firms)
2:30 pm to 4:30 pm
(Officers of the High Court, Kuala Lumpur Court Complex)
3 7 Jan 2019
(Monday)
10:00 am to 12:00 noon
(Government agencies and law firms)
2:30 pm to 4:30 pm
(Government agencies and law firms)
4 8 Jan 2019
(Tuesday)
10:00 am to 12:00 noon
(Government agencies and law firms)
2:30 pm to 4:30 pm
(Officers of the High Court, Kuala Lumpur Court Complex)
5 9 Jan 2019
(Wednesday)
10:00 am to 12:00 noon
(Government agencies and law firms)
2:30 pm to 4:30 pm
(Officers of the High Court, Kuala Lumpur Court Complex)
The training sessions will be held on Level 7 in the Kuala Lumpur Court Complex.

The notice — which includes information about the e-Review system — is attached for your reference.
Should you have any enquiries, please contact Mohd Faizal Bin Ismail by telephone at 03-8880 3583, or by email at ekehakiman@kehakiman.gov.my.

Thank you

Roger Chan Weng Keng
Secretary
Malaysian Bar



This circular and the attachment may also be accessed here.
1 Attachment
Notice e-Review (13 Dec 2018).pdf


SAPC







Malaysia-Expanding the Horizons of Your Practice: Malaysian Bar Legal Market Visit to Japan (18 to 20 Feb 2019)

Expanding the Horizons of Your Practice: Malaysian Bar Legal Market Visit to Japan (18 to 20 Feb 2019)








Circular No 298/2018
Dated 13 Dec 2018

To Members of the Malaysian Bar

Expanding the Horizons of Your Practice: Malaysian Bar Legal Market Visit to Japan (18 to 20 Feb 2019)
The Malaysian Bar — in collaboration with the Japan Federation of Bar Associations ("JFBA") and the Osaka Bar Association ("OBA") — is pleased to organise an inaugural legal market visit to Tokyo and Osaka, Japan from 18 to 20 Feb 2019 (Monday to Wednesday), with the aim of providing Members of the Bar with insights on expanding their practice horizons beyond Malaysia, to the Land of the Rising Sun.

The visit is specifically designed to provide Malaysian lawyers with networking opportunities for international business development with companies, investors and legal professionals from Japan, specifically from Tokyo and Osaka.

There is no participation fee for the legal market visit.  Participants pay their own costs, including for international and local travel, visas (where applicable), accommodation, incidentals, and other associated expenses.

Participants are required to adhere to the entire programme for the three-day visit, which will feature several activities.  The tentative itinerary includes:
(1) Official visits to JFBA and OBA;
(2) Visits to Japanese law firms in Tokyo and Osaka;
(3) Networking opportunities with:
(a) Lawyers from the vicinities of Tokyo and Osaka;
(b) The Japan Malaysia Association**;
(c) The Japan-Malaysia Diet Member Friends Association**; and
(d) The Malaysia-Japan Economic Association (Tokyo Chambers of Commerce and Industry)**;
(4) Official ceremony of the signing of a Memorandum of Understanding between the Malaysian Bar and JFBA; and
(5) Joint seminar between the Malaysian Bar and JFBA.
**Subject to confirmation by JFBA.


A detailed programme will be provided to confirmed participants in due course.

If you are interested to participate, please click here to register online, on or before 11 Jan 2019 (Friday).   Members should only make travel arrangements after their participation has been confirmed by the Bar Council. 

The terms and conditions for registration and participation in this legal market visit are as follows:
(1) Each law firm is allowed a maximum of two registrations, subject to space availability;
(2) JFBA is only able to accommodate a maximum of 18 Members of the Bar for this visit;
(3) Please register only if you are able to commit to full participation on the official dates of the visit, from 18 to 20 Feb 2019;
(4) Each online registration must be accompanied by a deposit payment of RM1,000, which will be refunded upon successful completion of the trip; 
(5) Registration is on a first come, first served basis, subject to verification of receipt of the deposit payment;
(6) No refund or change of participant is allowed upon successful registration; and
(7) Your registration is only deemed successful when you receive confirmation by email from the Bar Council Secretariat.
The deposit can be made via the following payment options:
(1) Direct deposit to Hong Leong Bank Berhad (Account no: 002-00-76064-5; Account name: Malaysian Bar; SWIFT Code: HLBBMYKL); or
(2) Cheque or bank draft, payable to "Malaysian Bar".
Registrations will only be processed once they are complete, and include proof of payment of the deposit.
Should you have any enquiries, please contact Kenneth Ang, Bar Council Special Projects and International Liaison Director, by email at kenneth@malaysianbar.org.my.
Thank you.

Roger Chan Weng Keng
Secretary
Malaysian Bar


This circular may also be accessed here.


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