Saturday, 9 March 2019

Kuala Lumpur, Malaysia-Press Release | Abolish the Death Penalty at the Upcoming Parliament Sitting

Press Release | Abolish the Death Penalty at the Upcoming Parliament Sitting




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Press Release
Abolish the Death Penalty at the Upcoming Parliament Sitting
The Malaysian Bar reiterates that we wholeheartedly welcome the decision of the Cabinet to totally abolish the death penalty in Malaysia, as announced by Minister in the Prime Minister's Department (Law), YB Datuk Liew Vui Keong, on 10 October 2018.  The Cabinet decision is clearly correct and conscionable, and we eagerly await the decision to be acted upon. 
We thus urge the Government to table the bill to abolish the death penalty once and for all in the upcoming Parliamentary session, which begins on 11 March 2019.  This would be in tandem with the strides we have made to become a "new Malaysia" that now abides by the Federal Constitution and upholds the rule of law, as has repeatedly been asserted by the Prime Minister. 
The right to life is a fundamental right that must be absolute, inalienable and universal, irrespective of the crime committed by the accused person.  This is vouchsafed in Article 5(1) of the Federal Constitution of Malaysia, which eschews the arbitrary deprivation of life.   
The Malaysian Bar further calls upon the Government to stop all executions, undertake a review of all cases of those sentenced to death prior to the abolishment of the death penalty, and to commute or recommend the commutation of each such death sentence to a sentence that is commensurate with the circumstances of each case
George Varughese
President
Malaysian Bar
5 March 2019







Kuala Lumpur, Malaysia | Stamp Duty (Remission) Order 2019

Stamp Duty (Remission) Order 2019




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Circular No 040/2019
Dated 5 Mar 2019
To Members of the Malaysian Bar
Stamp Duty (Remission) Order 2019
Please take note of Stamp Duty (Remission) Order 2019 (P.U. (A) 49), which will come into operation on 1 July 2019 (Monday).
A copy of the order is attached for your reference.
Should you have any enquiries, please contact Lembaga Hasil Dalam Negeri Malaysia at its Hasil Care Line at 1-800-88-5436.
Thank you.
Roger Tan
Chairperson
Conveyancing Practice Committee

This circular and the attachment may also be accessed here.
1 Attachment
Stamp Duty (Remission) Order 2019 (P.U. (A) 49).pdf

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Asean Law Alert

Asean Law Alert



Asean Law Alert by Asean LIP

06 Mar 2019
MALAYSIACRIMINAL LAWNEWS
NSTP, Utusan agree to pay Guan Eng RM400,000 in Damages for Defamation
PUTRAJAYA, March 5 (Bernama) - New Straits Times Press (NSTP) and Utusan Melayu (M) Sdn Bhd have agreed to pay damages totalling RM400,000 to Finance Minister Lim Guan Eng as awarded by the High Court in a defamation lawsuit filed by the latter for labelling him a 'Singapore age ...

MALAYSIACONSTITUTIONAL LAW & CIVIL RIGHTSNEWS
Government drafting Legislative Amendments on Threats to National Unity, Security - Gobind
KUALA LUMPUR, March 5 (Bernama) - The government is in the process of drafting amendments to legislations to enable them deal with threats on national unity and security more effectively.

MALAYSIAGENERAL & MISCNEWS
Online Traders in Kelantan not aware that they must pay Taxes - LHDN
KOTA BHARU, March 4 (Bernama) - Many online traders in Kelantan are unaware that their online sales have generated income which requires them to pay taxes, said Kelantan's Inland Revenue Board (LHDN) director Shaufee Salleh.

MALAYSIACRIMINAL LAWNEWS
Prison Inmate pleads Guilty to using RM285,000 Proceeds from Money Laundering
SHAH ALAM, March 5 (Bernama) - A senior citizen who is currently serving a five years' jail sentence for cheating was charged at the Sessions Court here today with two counts of using proceeds amounting to RM285,000 from money laundering, four years ago.

MALAYSIAGENERAL & MISCNEWS
Former Chief Justice Arifin Zakaria heads RCI on Wang Kelian
PUTRAJAYA, March 5 (Bernama) - The Home Ministry today announced a seven-member Royal Commission of Inquiry (RCI), headed by former Chief Justice Tun Arifin Zakaria, to look into the discovery of temporary camps and graves in Wang Kelian, Perlis.

MALAYSIAFAMILY & CHILD LAWNEWS
Negligence, Neglect of Children can land Parents in Legal Trouble
KULAI, March 5 (Bernama) - The government today warned that parents who are careless with their children or neglect them can land themselves in trouble with the law.

MALAYSIACRIMINAL LAWNEWS
Lawyer freed of CBT Charge, involving More than RM9 Million in Land Sale
KUALA LUMPUR, March 5 (Bernama) - A lawyer breathed a sigh of relief today when he was acquitted and discharged for Criminal Breach of Trust (CBT) involving the sale of a piece of land in the federal capital, valued at RM9,056,124, nine years ago.

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Nurul Hidayah Binti Mansor v Tech Mahindra ICT Services (Malaysia) Sdn Bhd
Date: 01 Mar 2019; Court: Industrial Court; Citation: Award No. 830 of 2019; Source: Industrial Court

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Lee Lily v Novartis Corporation (Malaysia) Sdn Bhd
Date: 01 Mar 2019; Court: Industrial Court; Citation: Award No. 832 of 2019; Source: Industrial Court

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Leong Chee Kong v Novartis Corporation (Malaysia) Sdn Bhd
Date: 01 Mar 2019; Court: Industrial Court; Citation: Award No. 834 of 2019; Source: Industrial Court

MALAYSIACONTRACTS & COMMERCIALLEGISLATION
Price Control and Anti-Profiteering (Determination of Maximum Retail Price for Petrol and Diesel) (No. 5) Order 2019
This is to notify that the maximum retail price for petrol and diesel shall be as specified in the Schedule.

MALAYSIAMEDICAL LAWLEGISLATION
Medical (Amendment of Second Schedule) (No. 2) Order 2019
This is to notify the amendment of the Second Schedule of the Medical Act 1971.

MALAYSIAGENERAL & MISCLEGISLATION
Biosafety (Amendment of First and Third Schedules) Order 2019
This is to notify a correction in the P.U. (A) 36 published on 15 February 2019.

MALAYSIACRIMINAL LAWJUDGMENTS
Jamil Bin Dun v Public Prosecutor
Date: 25 Feb 2019; Court: Court of Appeal; Citation: [2018] MYCA 497; Source: Federal Court Registry

MALAYSIACRIMINAL LAWJUDGMENTS
Okonkwo Ugochukwu Stephen v Public Prosecutor
Date: 27 Feb 2019; Court: Court of Appeal; Citation: [2018] MYCA 495; Source: Federal Court Registry

MALAYSIAGENERAL & MISCLEGISLATION
Offences Relating to Awards (Amendment of Second Schedule) Order 2019
This is to notify the amendment of the Second Schedule to the Offences relating to Awards Act 2017.

MALAYSIAMEDICAL LAWLEGISLATION
Dental (Amendment of Second Schedule) Order 2019
This is to notify the amendment of the Second Schedule to the Dental Act 1971.

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

Kuala Lumpur, Malaysia-Press Release | Malaysia’s Membership of the International Criminal Court is an Opportunity to Provide Leadership

Press Release | Malaysia's Membership of the International Criminal Court is an Opportunity to Provide Leadership




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Press Release

Malaysia's Membership of the International Criminal Court is an Opportunity to Provide Leadership
The Malaysian Bar welcomes the accession by the Malaysian Government to the Rome Statute of the International Criminal Court on 4 March 2019.  The Statute will enter into force for Malaysia on 1 June 2019.
This decision is an actualisation of the strong affirmation of, and adherence to, the rule of law, both at a national as well as an international level, which the new Malaysian Government had announced as a key pillar of policy.  In doing so, Malaysia joins the 138 states that are signatories and 124 states that are parties to the Rome Statute.
The Rome Statute is the founding treaty that governs the International Criminal Court ("ICC"), which was established in 2002.  The ICC is the first permanent, treaty-based, international criminal court, and describes its work as "[investigating] and, where warranted, [trying] individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression".  Through international criminal justice, the ICC "aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again".  The ICC enjoys broad legitimacy and commands wide respect amongst nations around the world.

With Malaysia's accession to the Rome Statute, the Government can, and must, now begin its work to progressively bring Malaysia's domestic legislation into compliance with the requirements of the Rome Statute.  In keeping with Malaysia's pledge to work together with all States Parties in upholding the principles of truth, human rights, rule of law, fairness and accountability, the Government must introduce implementing legislation and put cooperation arrangements in place.

This accession is the culmination of many years of patient public and private advocacy by the Malaysian Bar, working together with like-minded international and national organisations.  We thank them, and look forward to continued cooperation with them.  We also look forward to playing an active role in supporting the principle of universality and ending impunity through encouraging further accessions by countries in the Southeast Asian and Asia-Pacific regions.
At the same time, the Malaysian Bar urges the Government to accede to the remaining six core international human rights instruments in continuing approval, acceptance and affirmation of our publicly-announced commitment to the rule of law and proper administration of justice at home and abroad.  Malaysia now has an excellent opportunity to provide moral leadership and a positive example in reinforcing international norms and standards in the foundations of law and order both in Malaysia and the wider region.  The Government should seize this opportunity.
George Varughese
President
Malaysian Bar
6 March 2019








Asean Law Alert

Asean Law Alert



Asean Law Alert by Asean LIP

07 Mar 2019
MALAYSIABANKING & FINANCENEWS
SC imposes Ban on Firm, Partners for breaching Auditing Standards
KUALA LUMPUR, Mar 6 (Bernama) - The Securities Commission Malaysia's (SC) Audit Oversight Board (AOB) has banned McMillan Woods Mea (AF 001995) and two of its partners, Mea Fatt Leong and Wong Joo Hua, from accepting clients and auditing any public interest entities or schedule ...

MALAYSIABANKING & FINANCENEWS
SC allows 22 Firms to operate Digital Asset Exchange after March 1
KUALA LUMPUR, Mar 6 (Bernama) - The Securities Commission (SC) has permitted 22 companies to continue operating a digital asset exchange after March 1, 2019.

MALAYSIAGENERAL & MISCNEWS
SC seeks Public Feedback on proposed ICO, Property Crowdfunding Framework
KUALA LUMPUR, Mar 6 (Bernama ) - The Securities Commission Malaysia (SC) has released two consultation papers seeking public feedback on the proposed regulatory framework for Initial Coin Offering (ICO) and property crowdfunding.

MALAYSIACONSTITUTIONAL LAW & CIVIL RIGHTSNEWS
Parliament to debate SOSMA, Peaceful Assembly Act 2012
PUTRAJAYA, Mar 5 (Bernama) - The Security Offences (Special Measures) Act 2012 (SOSMA) and Peaceful Assembly Act (PAA) 2012 are expected to be debated at the next Parliament session, said Home Minister Tan Sri Muhyiddin Yassin. He said several amendments were being made to the t ...

MALAYSIAGENERAL & MISCNEWS
Guidelines to handle Abandoned Vehicles to be tabled in Cabinet in April
PUTRAJAYA, Mar 5 (Bernama) - Guidelines to tackle the issue of abandoned vehicles in residential and public areas will be tabled at the Cabinet meeting next month, said Transport Minister Anthony Loke Siew Fook.

MALAYSIAGENERAL & MISCNEWS
Guidelines on Abandoned Cars for implementation in July
KUALA LUMPUR, Mar 5 (Bernama) - Abandoned cars will no longer be a problem or an eyesore to the public with the implementation of the Guidelines on Management of Abandoned Cars in July this year.

MALAYSIACRIMINAL LAWNEWS
Unemployed Man gets Jail, Whipping for Heroin Possession
KOTA BHARU, Mar 6 (Bernama) - An unemployed man was sentenced to eight years' jail and 10 strokes of the cane by the Sessions Court here today after he pleaded guilty to possessing 8.35gm of heroin last year.

MALAYSIACRIMINAL LAWNEWS
Amendment to Dangerous Drugs Act, imposing Mandatory Death Penalty unconstitutional - Lawyer
PUTRAJAYA, Mar 6 (Bernama) - Amendment to the Dangerous Drugs Act in 1983 which imposed the mandatory death sentence on offenders convicted for drug trafficking was unconstitutional, the Federal Court heard today.

MALAYSIACRIMINAL LAWNEWS
Company Director acquitted of CBT
KUALA LUMPUR, Mar 6 (Bernama) - A company director, who is also a manager of a Japanese food restaurant, shed tears of joy when the Sessions Court acquitted and discharged her of two counts of Criminal Breach of Trust (CBT) involving over RM9,000 in 2017.

MALAYSIAGENERAL & MISCNEWS
Federal Constitution does not Bar Non-Malay from becoming AG, CJ, Finance Minister - Expert
KUALA LUMPUR, Mar 6 (Bernama) - There is no provision in the Federal Constitution that states a non-Malay cannot hold any position in the administration, Parliament or the Judiciary, said prominent constitutional law expert Emeritus Professor Datuk Dr Shad Saleem Faruqi.

MALAYSIAGENERAL & MISCNEWS
Court dismisses Ahmad's Preliminary Objection against Jasin Election Petition
MELAKA, March 6 (Bernama) - The Special Election Court here today dismissed a preliminary objection by Jasin MP Datuk Seri Ahmad Hamzah to strike out an election petition filed by Pakatan Harapan (PH) candidate for the Jasin parliamentary seat in the 14th General Election, Datuk ...

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Nurdin Bin Muda v Hicom Automotive Manufacturers (Malaysia) Sdn Bhd
Date: 01 Mar 2019; Court: Industrial Court; Citation: Award No. 839 of 2019; Source: Industrial Court

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Umaimah Binti Salam v Juwara Resources and Trading (M) Sdn Bhd (Malay)
Date: 28 Feb 2019; Court: Industrial Court; Citation: Award No. 810 of 2019; Source: Industrial Court

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Nyalau Anak Gawan v Winsome Pelita (Pantu) Sdn Bhd
Date: 28 Feb 2019; Court: Industrial Court; Citation: Award No. 818 of 2019; Source: Industrial Court

MALAYSIAEMPLOYMENT & LABOUR LAWJUDGMENTS
Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar and Restoran Semenanjung Malaysia v Crystal Crown Hotel and Resort Sdn Bhd (Crystal Crown Hotel Petaling Jaya)
Date: 28 Feb 2019; Court: Industrial Court; Citation: Award No. 821 of 2019; Source: Industrial Court

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

Kuala Lumpur, Malaysia| E-Court Training Sessions 2019 | Alor Setar, Kangar, Sungai Petani, and Butterworth

E-Court Training Sessions 2019 | Alor Setar, Kangar, Sungai Petani, and Butterworth



Please note that a new training session has been scheduled, which will take place on 13 Mar 2019 (Wednesday), from 10:00 am to 1:00 pm, at Meeting Room, Level 4, Butterworth Court, Penang.
Please be reminded that a training session will be held on 10 Mar 2019 (Sunday), from 10:00 am to 1:00 pm, at Magistrates' Court 1, Level 2, Sungai Petani Court, Kedah.
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Circular No 036/2019
Dated 27 Feb 2019


To Members of the Malaysian Bar
E-Court Training Sessions 2019 | Alor Setar, Sungai Petani, and Kangar
The Chief Registrar of the Federal Court of Malaysia, Dato' Sri Latifah Binti Haji Mohd. Tahar, has extended to us copies of the notice entitled "Jemputan untuk Menghadiri Latihan Sistem E-Kehakiman", and the schedules for training sessions for Government agencies and law firms that utilise e-filing.

Details of the training sessions — which will be held at the Alor Setar Court Complex, Sungai Petani Court, and Kangar Court Complex — are as follows:
No
Date
Time
Training Module
Venue
1
3 Mar 2019 (Sunday)
10:00 am to 1:00 pm
Training on EFS Skills (Latihan kemahiran EFS) for users from Government agencies and law firms users
(Civil and criminal)
(Open to all agencies and law firms)
Main Meeting Room,
Alor Setar Court Complex,
Kedah
2
10 Mar 2019 (Sunday)
10:00 am to 1:00 pm 
Training on EFS Skills (Latihan kemahiran EFS) for users from Government agencies and law firms
(Civil and criminal)
(Open to all agencies and law firms)
Magistrates' Court 1,
Level 2,
Sungai Petani Court,
Kedah
3
6 Mar 2019
(Wednesday)
10:00 am to 1:00 pm 
Training on EFS Skills (Latihan kemahiran EFS) for users from Government agencies and law firms
(Civil and criminal)
(Open to all agencies and law firms)
Sessions Court 1,
Kangar Court Complex,
Perlis
The notices — which include the schedules of the training sessions — are attached for your reference.
Should you have any enquiries, please contact Norhanum binti Hassan by telephone at 03-8880 3587; or Rosnaida binti Abdul Razak by telephone at 03-8880 3914; 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
E-Court Training Sessions 2019 (Alor Setar, Sungai Petani & Kangar).pdf

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Kuala Lumpur, Malaysia | Closure of the Bar Council Library on 16 Mar 2019 (Saturday)

Closure of the Bar Council Library on 16 Mar 2019 (Saturday)




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Circular No 042/2019
Dated 7 Mar 2019
To Members of the Malaysian Bar and pupils in chambers
Closure of the Bar Council Library on 16 Mar 2019 (Saturday)
Kindly be informed that the Bar Council Library will be closed on 16 Mar 2019 (Saturday) as the 73rd Annual General Meeting ("AGM") of the Malaysian Bar will be held on the same day.
The Library will reopen at 8:30 am on 18 Mar 2019 (Monday).
For information regarding the AGM, please refer to Circular No 025/2019 dated 15 Feb 2019, entitled "73rd Annual General Meeting of the Malaysian Bar (16 March 2019)".
We apologise for any inconvenience caused.
Thank you.
Roger Chan Weng Keng
Secretary
Malaysian Bar

This circular may also be accessed here.

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Kuala Lumpur, Malaysia | Invitation to Attend Yayasan Bantuan Guaman Kebangsaan Training (Parts One and Two) (Selangor | 23 Mar 2019)

Invitation to Attend Yayasan Bantuan Guaman Kebangsaan Training (Parts One and Two) (Selangor | 23 Mar 2019)





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This circular may also be accessed here.

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Animals: Brutal beetles, party parrots, mammal-eating spiders, and more

Animals: Brutal beetles, party parrots, mammal-eating spiders, and more


Plus: The year's best animal stories  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌    ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  
Anxious dogs, Anxious Owners?
In this edition: Learn about two recent victories in protecting animals (a flightless parrot and the world's rarest fish), watch a rare video of a tarantula eating a mammal, and much more.
      Party Parrot     
Scientists are getting creative to save this muppet-faced, flightless parrot
The kakapo is down to its last 147 individuals. Now, scientists are using fitness trackers and semen-carrying drones to help the bird reproduce.
Meet the Party Parrot
SHARE
FB T
      Fish Win     
Brutal beetles kept world's rarest fish from breeding—until now
Researchers have made a breakthrough in their effort to save the Devils Hole pupfish, which produced more eggs in 2018 than ever before.
Learn More
      Dam battle     
Hydroelectric dam threatens to wipe out world's rarest ape
A hydroelectric plant and dam, which are already in the process of being planned and built, could drive the newly identified Tapanuli orangutan to extinction.
Read On
      Yikes     
Watch a tarantula eat an opossum
See the first-ever video of this rare behavior. Research shows that spiders and other invertebrates eat a surprising amount of vertebrates in Peru's rainforests.
Watch It
SHARE
F T
      species stories     
Horseshoe crabs
Horseshoe crabs are neither horseshoes, nor crabs. They are, in fact, arachnids—just like spiders, scorpions, and mites. Scientists have known that horseshoe crabs and arachnids—which both belong in the subphylum Chelicerata—are related, but it's been tricky to sort out just how closely related.
More 'Crab' Facts
DID YOU KNOW?
A group of fish is known as a shoal, run, or school.
Oxford Living Dictionaries
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