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Asean Law Alert

Asean Law Alert




Asean Law Alert by Asean LIP
 31 Dec 2018
MALAYSIABANKING & FINANCENEWS
BNM issues Policy Document on Outsourcing
KUALA LUMPUR, Dec 28 (Bernama) - Bank Negara Malaysia (BNM) today issued a policy document on outsourcing aimed at strengthening governance and risk management standards in managing outsourcing risk. In a statement today, BNM said the policy document is effective from Jan 1, 201 ...

MALAYSIACRIMINAL LAWNEWS
Two Friends sentenced to Jail, Whipping for armed Robbery
KUALA LUMPUR, Dec 28 (Bernama) - Two men were sentenced to seven years' jail and two strokes of the cane each by the Sessions Court here today for robbing a Bangladeshi cashier at an inconvenience store.

MALAYSIAGENERAL & MISCJUDGMENTS
Daud Bin Arshad and 3 Others v Felcra Berhad
Date: 28 Dec 2018; Court: Court of Appeal; Citation: [2018] MYCA 435; Source: Federal Court Registry

MALAYSIACRIMINAL LAWJUDGMENTS
Helmi Hafifi Bin Abd Halim v Public Prosecutor
Date: 21 Dec 2018; Court: Court of Appeal; Citation: [2018] MYCA 434; Source: Federal Court Registry

MALAYSIACRIMINAL LAWLEGISLATION
Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (Invocation of Part IV) (Amendment) Order 2018
This Order comes into operation on 1 January 2019.

MALAYSIACRIMINAL LAWLEGISLATION
Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (Invocation of Part IV) (Amendment) Order 2018
This Order comes into operation on 1 January 2019.

MALAYSIAGENERAL & MISCLEGISLATION
National Heritage (Declaration of National Heritage) (Heritage Site) Order 2018
This is to notify that the sites described in the Schedule are declared to be a National Heritage.

MALAYSIABANKING & FINANCELEGISLATION
Finance Act 2018
An Act to amend the Income Tax Act 1967, Promotion of Investments Act 1986, Stamp Act 1949, Real Property Gains Tax Act 1976, Labuan Business Activity Tax Act 1990, Service Tax Act 2018 and Sales Tax Act 2018.

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

Asean Law Alert

Asean Law Alert




Asean Law Alert by Asean LIP
 28 Dec 2018
MALAYSIACRIMINAL LAWNEWS
Former Security Supervisor jailed, fined for Reckless Driving
KUALA LUMPUR, Dec 27 (Bernama) - A former security supervisor was sentenced to a day's jail and fined RM5,000 by the Magistrate's Court here today for reckless driving to an extent of causing a teenage girl to be permanently disabled due to head injuries following a road crash l ...

MALAYSIAEMPLOYMENT & LABOUR LAWLEGISLATION
Self-Employment Social Security (Social Security Tribunal) Regulations 2018
These Regulations come into operation on 26 December 2018.

MALAYSIAGENERAL & MISCLEGISLATION
Control of Tobacco Product (Amendment) Regulations 2018
These Regulations come into operation on 1 January 2019.

MALAYSIAGENERAL & MISCLEGISLATION
Poisons (Amendment) Regulations 2018
These Regulations come into operation on 1 January 2019.

MALAYSIAMEDICAL LAWLEGISLATION
Medicine Advertisements Board (Amendment) Regulations 2018
These Regulations come into operation on 1 January 2019.

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Kumaran A/L Shanmuganathan v Worleyparsons Business Services Sdn Bhd
Date: 17 Dec 2018; Court: Industrial Court; Citation: Award No. 3209 of 2018; Source: Industrial Court

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Lini Feinita Binti Muhammad Feisol v Indah Water Konsortium Sdn Bhd
Date: 17 Dec 2018; Court: Industrial Court; Citation: Award No. 3205 of 2018; Source: Industrial Court

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Mohindran A/L Karuppiah v Middle East Investment Bank Ltd
Date: 17 Dec 2018; Court: Industrial Court; Citation: Award No. 3208 of 2018; Source: Industrial Court

MALAYSIAGENERAL & MISCLEGISLATION
Bill of the Civil Law (Amendment) Act 2018
This Bill seeks to amend the Civil Law Act 1956 (Act 67) to extend the categories of persons who can claim damages for loss of dependency, to extend the age limit for the purposes of assessing the loss of earnings in claims for damages for loss of dependency and for personal inj ...

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

Asean Law Alert

Asean Law Alert




Asean Law Alert by Asean LIP
 27 Dec 2018
MALAYSIACORPORATE LAWJUDGMENTS
Wendy Tan Lee and 3 Others v Ng Hoo Kui and Another
Date: 19 Dec 2018; Court: Court of Appeal; Citation: [2018] MYCA 432; Source: Federal Court Registry

MALAYSIALITIGATION & COURT PROCEDUREJUDGMENTS
Wong Soon Kion v CIMB Bank Berhad
Date: 18 Dec 2018; Court: Court of Appeal; Citation: [2018] MYCA 431; Source: Federal Court Registry

MALAYSIAGENERAL & MISCNEWS
RM40 Electricity Bill Rebate for 185,000 Poor Households from January, 2019
PUTRAJAYA, Dec 26 (Bernama) - The government has allocated RM80 million for monthly electricity bill rebate of RM40 each for 185,000 poor and hardcore poor households registered and verified under the e-Kasih system, effective Jan 1.

MALAYSIAGENERAL & MISCNEWS
Defamatory Speech: Teresa Kok demands RM30 Mln Damages from JMM and Azwanddin and to tender Apology
KUALA LUMPUR, Dec 26 (Bernama) - Minister of Primary Industries Teresa Kok Suh Sim has demanded that Pertubuhan Jaringan Melayu Malaysia (JMM) and its president Datuk Azwanddin Hamzah make an apology and seeking RM30 million in damages, otherwise they face legal action over a de ...

MALAYSIAGENERAL & MISCNEWS
SOCSO pays out RM93.57 Mln for commuting Accidents till October this Year
KUALA LUMPUR, Dec 26 (Bernama) - The Social Security Organisation (SOCSO) has paid RM93.57 million in compensation for accidents involving workers commuting between home and workplace for the period January to October this year.

MALAYSIACRIMINAL LAWJUDGMENTS
Ahmad Bohari Bin Mohamad Noor and Another v Public Prosecutor and 2 Other Appeals
Date: 21 Dec 2018; Court: Court of Appeal; Citation: [2018] MYCA 430; Source: Federal Court Registry

MALAYSIACONTRACTS & COMMERCIALJUDGMENTS
ABI Construction Sdn Bhd v Janny Puah and 13 Others
Date: 24 Dec 2018; Court: Court of Appeal; Citation: [2018] MYCA 428; Source: Federal Court Registry

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Mohd Shuzainy Bin Ismail v Puncak Niaga Construction Sdn Bhd
Date: 20 Dec 2018; Court: Industrial Court; Citation: Award No. 3229 of 2018; Source: Industrial Court

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Yap May Lin v Special Steel and Alliance Sdn Bhd (Malay)
Date: 20 Dec 2018; Court: Industrial Court; Citation: Award No. 3231 of 2018; Source: Industrial Court

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Anthony Leonard Decruz v Hotel S N S Singam and Sons
Date: 21 Dec 2018; Court: Industrial Court; Citation: Award No. 3252 of 2018; Source: Industrial Court

MALAYSIAGENERAL & MISCNEWS
National Council of Professors is Now an Independent Body - Raduan
KAJANG, Dec 21 (Bernama) - The National Council of Professors (MPN) is now an independent body and is no longer acting on behalf of the government, says its president and chief executive officer Prof Datuk Dr Raduan Che Rose.

MALAYSIAFAMILY & CHILD LAWNEWS
Need for Laws to Act against Families who keep OKU Kids away from Public
LANGKAWI, Dec 22 (Bernama) - Existing laws that affect people with special needs (OKU) will have to be reviewed for action to be taken against families who hide and keep them away from the society.

MALAYSIACRIMINAL LAWNEWS
Indonesian Maid jailed, fined for stealing Food, Clothes
KUALA LUMPUR, Dec 24 (Bernama) - An Indonesian maid was sentenced to seven months' jail and fined RM1,000, in default one month's jail, by the Ampang Magistrate's Court here today for stealing various food items and clothes on Dec 13.

MALAYSIAGENERAL & MISCNEWS
Ministry appoints Lawyer to hold watching Brief over Muhammad Adib's Murder Case
KUALA LUMPUR, Dec 24 (Bernama) - The Ministry of Housing and Local Government has appointed a lawyer to hold a watching brief over the case involving the death of Malaysian Fire and Rescue Department (JBPM) personnel Muhammad Adib Mohd Kassim.

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

Malaysia-Practising without a Practising Certificate after 31 Dec 2018

Practising without a Practising Certificate after 31 Dec 2018





MBARLH.jpg

Circular No 304/2018
Dated 26 Dec 2018

To Members of the Malaysian Bar
Practising without a Practising Certificate after 31 Dec 2018
Pursuant to part III of the Legal Profession Act 1976 ("LPA"), Practising Certificate and Sijil Annual shall be renewed annually by every advocate and solicitor.
(A) Application for Sijil Annual and Practising Certificate 2019
We refer to Circular No 259/2018 dated 17 Oct 2018 entitled "Sijil Annual 2019", where we provided Members with detailed information regarding the Sijil Annual and Practising Certificate ("SAPC") online application process.  All applications for SAPC can only be made online
Members who wish to continue their practice but have yet to submit their SAPC 2019 applications are reminded to take immediate steps to submit their applications online.
Members who have been notified that their SAPC 2019 applications are not in order are advised to regularise their applications on an urgent basis by providing (online) the information or documents requested, to enable the Bar Council Secretariat to complete the processing of their applications expeditiously.
In order to submit or regularise your Sijil Annual 2019 online application after 31 Jan 2019, you must submit a "Resume Practice Request" through the Malaysian Bar website, to access the Member Online Portal.  Any Sijil Annual 2019 application (if already commenced) will lapse in our online system on 31 Jan 2019.  Please refer to pages 26 to 29 of Circular No 259/2018 for details.
(B) Practising after 31 Dec 2018
Section 29(3) of the Legal Profession Act 1976 ("LPA") provides that if a Member has duly complied with section 29(1) of the LPA (relating to the application for Practising Certificates) "in the month of January of any year, the practising certificate issued to him in respect of that year shall be deemed to have been in operation from the 1st day of January of that year".
Members may appear in court and carry on with their law practice in January 2019, provided they comply with section 29(3) of the LPA.  
The status of a Member who was in possession of a valid SAPC 2018 but who has not received his / her Practising Certificate 2019 on or before 31 Jan 2019 will be changed from "active" to "inactive" in the Bar Council's database on 1 Feb 2019.  The Member's name will not be displayed on the Malaysian Bar website from 1 Feb 2019 until the Member receives his / her Practising Certificate 2019.  This may affect the Member and / or the law firm's ability to, among others, carry out e-filing. 
We urge all Members to submit or regularise their applications online well in advance, in order to give sufficient time for the applications to be processed.
(C) Cessation of Practice
Members who wish to cease practice, either on a permanent or temporary basis, are required to notify the Bar Council in accordance with section 31(2) of the LPA, and to comply with the Bar Council's Rules on Cessation of, or Change in, Practice ("Rules").
A copy of the Rules and the relevant forms can be obtained from the Bar Council Secretariat or downloaded from the Malaysian Bar website (please refer to the "Membership" section under the Resources>Frequently Used Forms tab).
A Member will not be deemed to have ceased practice merely as a result of the expiration of the validity of the Member's Practising Certificate 2018 on 31 Dec 2018 pursuant to section 29(2) of the LPA.
(D) Disciplinary Proceedings
The Bar Council will institute disciplinary proceedings after 31 Jan 2019 against Members who have not been issued with SAPC 2019 by 31 Jan 2019, except in respect of Members from whom the Bar Council has received a Notice of Cessation of Practice as an Advocate and Solicitor, supported with a Statutory Declaration as prescribed under the Rules.
For sole proprietors who do not have a valid Sijil Annual and Practising Certificate 2019 and have not ceased practice, site inspections will be conducted and injunction proceedings will be instituted against sole proprietors whose firms are found to be in operation.  In the event that the Bar Council institutes injunction proceedings against a Member, any costs incurred by the Bar Council shall be borne by the Member concerned.
(E) Contact the Bar Council Membership Department
For enquiries relating to your SAPC 2019 application, kindly contact the Membership Department by telephone at 03-2050 2191, or send an email to membership@malaysianbar.org.my.
Thank you.
Roger Chan Weng Keng
Secretary
Malaysian Bar


This circular may also be accessed here.

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Asean Law Alert

Asean Law Alert



Asean Law Alert by Asean LIP

03 Jan 2019
MALAYSIACRIMINAL LAWNEWS
Appeals Court upholds Death Sentence on Chinese Woman
PUTRAJAYA, Jan 2 (Bernama) - The Court of Appeal today upheld the death sentence imposed on a Chinese woman for trafficking 2,156.8 grams of methamphetamine found inside three pillows in her luggage bag at the Low-Cost Carrier Terminal (LCCT) in Sepang in 2013.

MALAYSIACRIMINAL LAWNEWS
Two Friends get Jail, Caning for robbing e-hailing Drivers
KUALA LUMPUR, Jan 2 (Bernama) - The Sessions Court today sentenced two friends to three years' jail and four strokes of the rotan after both of them pleaded guilty to two charges of robbing two e-hailing drivers at knifepoint last year.

MALAYSIAEMPLOYMENT & LABOUR LAWNEWS
Employers told to heed Minimum Wages order 2018
KUCHING, Jan 2 (Bernam) - Employers are urged to abide by the Minimum Wages Order (Amendment) 2018, which is effective from yesterday. Sarawak Manpower Department director, Awang Raduan Awang Omar who made the call, said employers who failed to pay their employees basic salary a ...

MALAYSIAGENERAL & MISCNEWS
Dr Rozhan appointed New Chairman of MyIPO
KUALA LUMPUR, Jan 2 (Bernama) - The Intellectual Property Corporation of Malaysia (MyIPO) today announced the appointment of Dr Rozhan Othman as its new chairman effective Dec 12, 2018.

MALAYSIAEMPLOYMENT & LABOUR LAWLEGISLATION
Employees Provident Fund (Simpanan Shariah Account) (Amendment) Rules 2018
These Rules come into operation on 1 January 2019.

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

Asean Law Alert

Asean Law Alert



Asean Law Alert by Asean LIP

02 Jan 2019
MALAYSIACRIMINAL LAWNEWS
Six Months to educate Smokers before enforcing Penalty
KUALA LUMPUR, Jan 1 (Bernama) - The Health Ministry will use the educational approach and holistic explanations in the first six months of the smoking ban at eating premises and will only impose a penalty on errant smokers after that.

MALAYSIAGENERAL & MISCNEWS
Smoking Ban: 319 Johor Eateries inspected, 22 Warning Notices issued
JOHOR BAHRU, Jan 1 (Bernama) - The Johor State Health Department has inspected 319 food premises and issued 22 warning notices on premises which failed to comply with the smoking ban, which came into effect today.

MALAYSIAENVIRONMENTAL LAWNEWS
Smoking Ban in Food Premises effective January 1
KUALA LUMPUR, Dec 31 (Bernama) - All food premises have been gazetted as no-smoking zones, effective from midnight tonight, said Health director-general Datuk Dr Noor Hisham Abdullah.

MALAYSIACRIMINAL LAWJUDGMENTS
Nadarajan A/L Vellesamy and Another v Pendakwa Raya (Malay)
Date: 21 Nov 2018; Court: Court of Appeal; Citation: [2018] MYCA 436; Source: Federal Court Registry

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Wong Chau Huak v Charoen Pokphand Jaya Farm (M) Sdn Bhd (Malay)
Date: 24 Dec 2018; Court: Industrial Court; Citation: Award No. 3253 of 2018; Source: Industrial Court

MALAYSIACORPORATE LAWLEGISLATION
Promotion of Investments (Promoted Activities and Promoted Products for High Technology Companies) (Amendment) Order 2018
This Order is deemed to have come into operation on 1 July 2018.

MALAYSIACORPORATE LAWLEGISLATION
Promotion of Investments (Determination of Assets under Section 29B in Respect of MSC Status Companies) (Revocation) Order 2018
This Order comes into operation on 1 January 2019.

MALAYSIAGENERAL & MISCLEGISLATION
Poisons (Sodium Hydroxide) (Amendment) Regulations 2018
These Regulations come into operation on 1 January 2019.

MALAYSIAEMPLOYMENT & LABOUR LAWLEGISLATION
Minimum Retirement Age (Exemption) (No. 3) Order 2018
The Minister exempts Pengurusan Aset Air Berhad with the registration number 732544-D from all provisions of the Minimum Retirement Age Act 2012, in respect of the persons named in the Schedule who are employed on a fixed term contract of service, inclusive of any extension, of ...

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Abdul Raof Bin Hashim v Puncak Niaga Construction Sdn Bhd
Date: 20 Dec 2018; Court: Industrial Court; Citation: Award No. 3227 of 2018; Source: Industrial Court

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

Talk : 'Advocacy & Malaysian Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATEPUA 2001)'

Talk : 'Advocacy & Malaysian Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATEPUA 2001)'
To:



SBC/CIR/134/2018
14th December, 2018 




Brochure (Download PDF)

Online Registration (URL Link)

Thank you.
Secretariat
Selangor Bar Committee.










































































































































































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