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Case Highlights

Extempore Judgment of the KL War Crimes Tribunal
Chief Prosecutor of The Kuala Lumpur War Crimes Commission v. George W Bush & Anthony L. Blair
Also read:
  Press Release by KL War Crimes Tribunal
  Article: Kuala Lumpur Tribunal: Bush and Blair guilty by Richard Falk, Al Jazeera

LABOUR LAW
Provident fund - Withdrawal of - Section 54(1)(a) read with s. 58(1) and the Fifth Schedule to the Employees Provident Fund Act 1991 - Interpretation of - Payment of additional amount under s. 58(1) Employees Provident Fund Act 1991 - Whether may only arise where authority for withdrawal granted - Whether a subsidy and not deceased´s contributions - Whether a matter of policy consideration by legislature on quantum of additional amount to be paid - Whether amount reduced to RM2,000 through amendment of Fifth Schedule
Lembaga Kumpulan Wang Simpanan Pekerja v. Ong Lian Chee
(Richard Malanjum CJ (Sabah & Sarawak), Raus Sharif, Abdull Hamid Embong FCJJ) [2012] 1 CLJ 165 [FC]

HIRE PURCHASE
Hire Purchase Agreement - Breach of warranty - Allegation of - Seizure of vehicle by Royal Malaysian Customs & Excise Department - Whether there was a violation of implied warranty of quiet possession - Whether owner liable
AmBank (M) Bhd v. Pang Tee Chiang & Another Appeal
(Zainun Ali, Ramly Ali, Zaharah Ibrahim JJCA) [2012] 1 CLJ 206 [CA]

Article

Computing Professionals Bill 2011 – Ambiguity, Arbitrariness and Uncertainty
(Used with permission) by Foong Cheng Leong & Joachim Leong

There has been a public outcry on the Computing Professionals Bill. Some of the fears are unfounded while others, quite genuine. Foong Cheng Leong, an IT lawyer and Joachim Leong, a non-practicing lawyer cum Consultant for Denning IT dissect the Bill. In their views, the main concerns lie at how the Critical National Information Infrastructure (CNII) is being widely and ambiguously defined, the powers the Ministry of Science, Technology and Innovation (MOSTI) has over the Computing Professionals Board, the need for government regulation in the information technology industry and its implications on the public at large.

 
INTRODUCTION by Sundra Rajoo, Director, Kuala Lumpur Regional Centre for Arbitration
(Extract from The Asia-Pacific Arbitration Review 2012. Used with kind permission of the Global Arbitration Review)
Arbitral practice in 2011 continued its march towards universal application. The main reason behind the rise and popularity of the alternative dispute resolution process with the ability to transcend national boundaries lies with enforcement efficacy enabled by the New York Convention, parties having autonomy on the procedures and the choice of arbitrator, reduced interference and influences from the government, judiciary and political will of a particular nation and numerous other positive attributes including confidentiality.

CASE OF THE WEEK

PP v. AZILAH HADRI & ORS
HIGH COURT MALAYA, SHAH ALAM
MOHD ZAKI YASIN J
[CRIMINAL TRIALS NOS: 46-3-2006 & 45-120-2006]
9 APRIL 2009

CRIMINAL LAW: Penal Code - Section 302 - Murder - Deceased killed due to blast related injuries - Police officers charged with murder - Whether purported confession by accused admissible - Whether information given by accused leading to crime spot admissible - Whether information given by accused leading to recovery of deceased jewellery admissible - Whether prima facie case made out against accused - Defence irreconcilable and ambivalent - Prosecution's case proven beyond reasonable doubt

CRIMINAL LAW: Abetment - Abetting another to commit murder - Abettor asking police officers for protection against blackmail, harassment and threats by deceased - Deceased murdered by police officers - No direct or circumstantial evidence of abettor's participation in offence - No prima facie case against abettor - Abettor acquitted and discharged - Penal Code, ss. 109 & 302

CRIMINAL PROCEDURE: Trial - Confession - Admissibility - Confession made to person in authority - Confession by accused to police officer - Onus on prosecution to prove voluntariness of confession - Confession made as a result of inducement and threat - Confession involuntarily made and inadmissible - Evidence Act 1950, s. 24

EVIDENCE: Confession - Admissibility of confession - Confession made to person in authority - Confession by accused to police officer - Onus on prosecution to prove voluntariness of confession - Confession made as a result of inducement and threat - Confession involuntarily made and inadmissible - Evidence Act 1950, s. 24

EVIDENCE: Information leading to fact discovered - Evidence Act 1950, s. 27 - Admissibility and proof - Statement made by accused to police - Statements leading police to place where murder was committed and recovery of jewellery belonging to deceased - Whether statements admissible - Whether statements voluntarily given - Whether police had prior knowledge of place where murder was committed - Whether jewellery discovered as a consequence of information supplied

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Legal News

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52 EPF members guilty of fraudulent withdrawals last year

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Thai police seek court order to hold Hezbollah suspect

Egypt tycoon gets retrial over singer´s death

US Court allows Texas law on ultrasound before abortion

Turkish court remands ex-army chief pending trial

 
 
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