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CLJ Bulletin, Issue 2015, Vol 43
23 October 2015


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New This Week

1. Case(s) of the Week

  1. ZI PUBLICATIONS SDN BHD & ANOR v. KERAJAAN NEGERI SELANGOR;
    KERAJAAN MALAYSIA & ANOR (INTERVENER)
     [2015] 8 CLJ 621

2. Latest Cases

  1. Legal Network Series

  2. CLJ 2015 Volume 8 (Part 5)

3. Articles

  1. LNS Article(s)

4. Legislation Highlights

  1. Principal Acts

  2. Amending Acts

  3. PU(A)

  4. PU(B)

  5. Legislation Alert


CASE(S) OF THE WEEK

ZI PUBLICATIONS SDN BHD & ANOR v.
KERAJAAN NEGERI SELANGOR;
KERAJAAN MALAYSIA & ANOR (INTERVENER)
[2015] 8 CLJ 621
FEDERAL COURT, PUTRAJAYA
RAUS SHARIF PCA, ZULKEFLI AHMAD MAKINUDIN CJ (MALAYA), ABDULL HAMID EMBONG FCJ, AHMAD MAAROP FCJ, ABU SAMAH NORDIN FCJ
[PETITION NO: 1-12-2012(B)]
28 SEPTEMBER 2015

CONSTITUTIONAL LAW: Legislation - Validity of impugned legislation - Declaration that impugned provision null and void, application for - Confiscation of books on suspicion of commission of offences under s. 16 of Syariah Criminal Offences (Selangor) Enactment 1995 - Whether an offence against precepts of Islam - Whether Selangor State Legislative Assembly (SSLA) had power to enact law - Whether only Parliament had power to legislate matter - Whether art. 10 of Federal Constitution should be read with arts. 3(1), 11, 74(2) & 121 - Whether SSLA acted within constitutional framework of Federal Constitution - Whether impugned legislation valid and ultra vires Federal Constitution - Whether Muslim in Malaysia subjected to both general laws and state laws

ISLAMIC LAW: Legislation - Validity of impugned legislation - Declaration that impugned provision null and void, application for - Confiscation of books on suspicion of commission of offences under s. 16 of Syariah Criminal Offences (Selangor) Enactment 1995 - Whether an offence against precepts of Islam - Whether Selangor State Legislative Assembly (SSLA) had power to enact law - Whether only Parliament had power to legislate matter - Whether art. 10 of Federal Constitution should be read with arts. 3(1), 11, 74(2) & 121 - Whether SSLA acted within constitutional framework of Federal Constitution - Whether impugned legislation valid and ultra vires Federal Constitution - Whether Muslim in Malaysia subjected to both general laws and state laws


LATEST CASES

Legal Network Series

[2014] 1 LNS 1426

LAYANG-LAYANG HELICOPTERS SDN BHD v. NCT HELICOPTER SDN BHD

CIVIL PROCEDURE: Pleading - Issues not pleaded - Illegality - Illegality of contract not specifically pleaded - Issues raised at submission stage - Whether illegality must be specifically pleaded - Whether issue of illegality can be raised at any stage - Rules of Court 2012, O. 18 r. 8(1)

CONTRACT: Termination - Validity - Breach of agreement - Unsatisfactory service - Failure to tender air craft log book - Whether termination of agreement justified - Whether termination of agreement justified when there was no complaint made on unsatisfactory services - Whether production of log book was an essential term of the contract - Whether there was fundamental breach of contract that entitled a party to terminate the contract

CONTRACT: Terms - Express term - Imposition of interest charges for outstanding sum - Unilateral imposition - Existence of history of interest payment - Whether a party can claim for interest when there is no express agreed term for late payment of interest in agreement

[2014] 1 LNS 1430

AZMI YAHAYA & YANG LAIN lwn. PERMODALAN KEDAH BERHAD

UNDANG-UNDANG TANAH: Pencerobohan - Cerobohan ke atas tanah - Hak pemilik berdaftar - Sama ada hak pemilik berdaftar ke atas sesuatu tanah boleh wujud sebelum pendaftaran

UNDANG-UNDANG TANAH: Pemilikan benefisial - Kewujudan pemilikan benefisial - Kelulusan rasmi diberi untuk permohonan tanah - Hak sebagai pemilik benefisial sebelum pendaftaran pemilikan - Sama ada pemilikan benefisial wujud sebaik kelulusan diberi bagi sesuatu permohonan tanah

UNDANG-UNDANG TANAH: Pemilikan - Pertikaian - Bukti pemilikan - Bayaran permohonan tanah - Kepentingan ekuiti - Sama ada bayaran permohonan tanah memberikan kepentingan ekuiti kepada seseorang pemohon tanah ke atas sesuatu tanah

UNDANG-UNDANG TANAH: Penyewaan - Prinsip penyewaan beserta ekuiti - Hak penceroboh - Ketiadaan bantahan tuan tanah sehingga notis mengosongkan dikeluarkan terhadap penceroboh - Sama ada prinsip sewaan beserta ekuiti terpakai - Sama ada prinsip ekuiti ditamatkan selepas notis pengosongan dikeluarkan

[2014] 1 LNS 1433

MOHD NOR YAHAYA lwn. ABDUL AZIZ OTHMAN & SATU LAGI

GANTI RUGI: Kemalangan maut - Kuantum ganti rugi - Tuntutan untuk kecederaan pada kepala si mati - Tolakan 80% kerana kematian - Sama ada tolakan 80% daripada jumlah awad yang diberi kepada simati adalah munasabah

KETERANGAN: Inferen bertentangan - Akta Keterangan 1950, s. 114(g) - Kegagalan memberi keterangan di mahkamah - Kemalangan jalan raya - Tanggungan defendan yang gagal hadir di mahkamah untuk memberi keterangan - Sama ada kegagalan defendan untuk hadir memberi keterangan di mahkamah membolehkan versi plaintif tidak dicabar - Sama ada defendan yang gagal memberi keterangan harus bertanggungan 100% atas kemalangan - Sama ada anggapan di bawah s. 114(g) Akta Keterangan 1950 terpakai

LALULINTAS JALAN: Kecuaian - Kemalangan jalan raya - Penilaian keterangan oleh hakim bicara - Penentuan tanggungan - Tanggungan 50% - 50% - Sama ada penentuan tanggungan oleh hakim bicara adalah munasabah

PROSEDUR SIVIL: Rayuan - Keterangan, penilaian - Penemuan fakta oleh mahkamah bicara - Kemalangan jalan raya - Isu tanggungan - Pendekatan berat sebelah - Sama ada mahkamah bicara telah secara betul menilai keterangan yang ada dalam memutuskan tanggungan - Sama ada mahkamah bicara telah membuat keputusan secara berat sebelah

PROSEDUR SIVIL: Rayuan - Memorandum rayuan - Kegagalan memplidkan perkara yang dirayu - Pertimbangan mahkamah - Sama ada mahkamah boleh mempertimbangkan perkara yang tidak diplidkan di dalam memorandum rayuan -Keadah-Kaedah Mahkamah 2012, A. 55 k. 4(3)

[2015] 1 LNS 142

CITC (MALAYSIA) SDN BHD v. AGRICODE SDN BHD & OTHER CASE

CIVIL PROCEDURE: Set-off - Counterclaim - Availability - Existence of negotiation of contra arrangement to offset debt - Whether defendant could exercise right to set off debt owed to plaintiff based on existence of negotiation of contra arrangement - Whether defendant proved that contra arrangement had been finalized to enable him to exercise right to set off debt

EVIDENCE: Proof of evidence - Onus of proof - Allegation of certain facts - Existence of contra arrangement to offset debt - Whether onus lies on defendant to prove existence of contra arrangement to offset debt owed to plaintiff - Evidence Act 1950, s. 103

EVIDENCE: Burden of proof - Damages - Claim for damages - Proof of damages - Whether a party can merely rely on amount claimed - Whether a party claiming for damages must prove that he has suffered damage - Whether defendant's claim for damages was supported by contemporaneous documents

SALE OF GOODS: Goods sold and delivered - Action for - Claim for price of goods supplied - Admission of debt by defendant - Defence of contra arrangement to offset debt - Whether plaintiff proved its claim in view of admission of debt by defendant - Whether defendant proved existence of contra arrangement to offset debt

[2015] 1 LNS 193

ISHAK YAACOB & ANOR v. AZMIL KHALILI KHALID & ANOR

CIVIL PROCEDURE: Declaration - Application for - Setting aside sale of property by auction - Application pursuant to s. 257(3) of National Land Code 1965 - Cause to the contrary - 10% deposit paid on reserve price instead of sale price - Chargee deducted all costs incurred in relation to auction from proceeds of sale - Whether cause to the contrary existed to justify setting aside of sale of property by auction

LAND LAW: Sale of land - Validity - Sale by public auction - Proclamation of sale - 10% deposit paid on reserve price instead of sale price - Right of chargee to deduct all costs incurred in relation to auction from proceeds of sale - Whether sale of property by auction was valid - Whether 10% deposit should have been paid based on reserve price or sale price - Whether chargee was only entitled to deduct amount claimed as at date of order for sale from proceeds of sale


CLJ 2015 Volume 8 (Part 5)

COURT

FEDERAL COURT

ZI Publications Sdn Bhd & Anor v. Kerajaan Negeri Selangor; Kerajaan Malaysia & Anor (Intervener)
(Constitutional Law; Islamic Law - Legislation - Validity of - Syariah Criminal Offences (Selangor) Enactment 1995 - Whether ultra vires Federal Constitution) [2015] 8 CLJ 621 [FC]

COURT OF APPEAL

Bar Malaysia v. Neasarani T Singara Thevar & Anor
(Legal Profession; Civil Procedure - Disciplinary Committee - Jurisdiction of) [2015] 8 CLJ 634 [CA]

Ong Soo Keok & Ors v. Ong Soo Kwee
(Succession; Trust And Trustees - Will - Breach of trust - Application for relief from personal indemnity for breach - Whether trustees acted reasonably) [2015] 8 CLJ 641 [CA]

PP v. Romi Ali & Anor
(Criminal Law; Criminal Procedure - Dangerous Drugs Act 1952 - Whether prosecution proved direct trafficking - Whether common intention proven) [2015] 8 CLJ 665 [CA]

HIGH COURT

Adventist Hospital & Clinic Services (M) v. Kee Boon Suan & Anor And Another Case
(Tort - Negligence - Medical negligence - Test applicable to determine standard of care) [2015] 8 CLJ 676 [HC]

Beemer Sdn Bhd v. Majlis Bandaraya Petaling Jaya
(Civil Procedure - Judicial review - Application for judicial review to quash decision of Municipal Board - Whether applicant deprived of legitimate expectations) [2015] 8 CLJ 714 [HC]

Bina Puri Construction Sdn Bhd v. Hing Nyit Enterprise Sdn Bhd
(Construction Law - Adjudication - Application to set aside decision of adjudicator - Whether decision tainted with excess of jurisdiction) [2015] 8 CLJ 728 [HC]

Eaton Electronic Swithgear Sdn Bhd v. Sukumaran Nadason & Anor
(Civil Procedure; Labour Law - Judicial review - Certiorari - Employee dismissed from employment based on allegation of theft - Whether Industrial Court applied correct standard of proof - Whether award susceptible to judicial review) [2015] 8 CLJ 739 [HC]

Lim Aik Chin v. Hong Leong Bank Bhd & Anor
(Company Law; Civil Procedure - Derivative action - Joinder of parties - Application to join defendant bank after filing suit - Whether court has discretionary power to grant leave nunc pro tunc) [2015] 8 CLJ 755 [HC]

SUBJECT INDEX

CIVIL PROCEDURE

Appeal - Memorandum of appeal - Findings of Disciplinary Committee - Disciplinary Committee decided on issue not complained of by complainant - Decision of Disciplinary Committee set aside by High Court - Appeal against decision of High Court - Memorandum of appeal not related to issues addressed by High Court - Whether complied with r. 18(1) Rules of the Court of Appeal 1994
Bar Malaysia v. Neasarani T Singara Thevar & Anor
(Balia Yusof Wahi, Hamid Sultan Abu Backer, Vernon Ong Lam Kiat JJCA) [2015] 8 CLJ 634 [CA]

Joinder of parties - Leave - Application to join defendant (bank) after filing suit - Whether applicant had locus standi to commence action on behalf of company - Whether bank improperly added as party to suit without leave of court - Whether court has discretionary power to grant leave nunc pro tunc - Condition precedent to invoke jurisdiction of court unmet - Whether application for retrospective leave a nullity - Companies Act 1965, ss. 181A & 181B(2)
Lim Aik Chin v. Hong Leong Bank Bhd & Anor
(Lim Chong Fong JC) [2015] 8 CLJ 755 [HC]

Judicial review - Application for - Applicant applied for conversion of land from 'residential' to 'commercial' - Application for conversion rejected by municipality of district on grounds that applicant operated car showroom for variety of cars and not applicant's 'type' of car - Allegation that applicant was not authorised automobile agent - Application for judicial review to quash decision of Municipal Board - Whether Municipal Board's decision valid and proper - Whether applicant deprived of legitimate expectations
Beemer Sdn Bhd v. Majlis Bandaraya Petaling Jaya
(Azimah Omar JC) [2015] 8 CLJ 714 [HC]

Judicial review - Certiorari - Application for - Company terminated employee's employment based on allegation of theft - Industrial Court held that employee was dismissed without just cause or excuse and company ordered to pay compensation in lieu of reinstatement - Application by company to High Court to quash decision of Industrial Court - Whether dismissal was with just cause or excuse - Whether Industrial Court applied correct standard of proof
Eaton Electronic Swithgear Sdn Bhd v. Sukumaran Nadason & Anor
(Collin Lawrence Sequerah JC) [2015] 8 CLJ 739 [HC]

COMPANY LAW

Derivative action - Application for leave to bring action on behalf of company - Joinder of parties - Application to join defendant (bank) after filing suit - Whether applicant had locus standi to commence action on behalf of company - Whether bank improperly added as party to suit without leave of court - Whether court has discretionary power to grant leave nunc pro tunc - Condition precedent to invoke jurisdiction for court unmet - Whether application for retrospective leave a nullity - Companies Act 1965, ss. 181A & 181B(2)
Lim Aik Chin v. Hong Leong Bank Bhd & Anor
(Lim Chong Fong JC) [2015] 8 CLJ 755 [HC]

CONSTITUTIONAL LAW

Legislation - Validity of impugned legislation - Declaration that impugned provision null and void, application for - Confiscation of books on suspicion of commission of offences under s. 16 of Syariah Criminal Offences (Selangor) Enactment 1995 - Whether an offence against precepts of Islam - Whether Selangor State Legislative Assembly (SSLA) had power to enact law - Whether only Parliament had power to legislate matter - Whether art. 10 of Federal Constitution should be read with arts. 3(1), 11, 74(2) & 121 - Whether SSLA acted within constitutional framework of Federal Constitution - Whether impugned legislation valid and ultra vires Federal Constitution - Whether Muslim in Malaysia subjected to both general laws and state laws
ZI Publications Sdn Bhd & Anor v. Kerajaan Negeri Selangor; Kerajaan Malaysia & Anor (Intervener)
(Raus Sharif PCA, Zulkefli Ahmad Makinudin CJ (Malaya), Abdull Hamid Embong , Ahmad Maarop, Abu Samah Nordin FCJJ) [2015] 8 CLJ 621 [FC]

CONSTRUCTION LAW

Adjudication - Setting aside - Application to set aside decision of adjudicator - Appellant engaged respondent to perform sub-contract works - Dispute over interim payment claims on works done - Whether decision of adjudicator could be reviewed on merits - Whether decision tainted with excess of jurisdiction - Whether there was breach of natural justice - Whether adjudicator possessed inherent jurisdiction - Whether lack of certification of progress or interim claim a bar to adjudication process - Construction Industry Payment And Adjudication Act 2012, ss. 5, 6, 8, 9, 15, 25, 27 & 36
Bina Puri Construction Sdn Bhd v. Hing Nyit Enterprise Sdn Bhd
(Ravinthran Paramaguru J) [2015] 8 CLJ 728 [HC]

CRIMINAL LAW

Dangerous Drugs Act 1952 - Section 39B(1)(a) - Accused persons jointly charged for trafficking in 1115.96g of methamphetamine - Whether prosecution proved direct trafficking by transporting - Whether first accused had possession and presumed knowledge of drugs - Whether trial judge correct in reducing charge against first accused to one of possession - Whether prima facie case established against second accused - Dangerous Drugs Act 1952 ss. 2, 12(2), 39B(1)(a), 39A(2)
PP v. Romi Ali & Anor
(Varghese George, Vernon Ong Lam Kiat, Zamani A Rahim JJCA) [2015] 8 CLJ 665 [CA]

CRIMINAL PROCEDURE

Appeal - Appeal by prosecution - Appeal against reduction of charge and order of acquittal - Whether prosecution proved direct trafficking by transporting - Whether first accused had possession and presumed knowledge of drugs - Whether trial judge correct in reducing charge against first accused to one of possession - Whether prima facie case established against second accused - Whether trial judge correct in acquitting and discharging second accused - Whether first and second accused had common intention to commit offence of trafficking
PP v. Romi Ali & Anor
(Varghese George, Vernon Ong Lam Kiat, Zamani A Rahim JJCA) [2015] 8 CLJ 665 [CA]

ISLAMIC LAW

Legislation - Validity of impugned legislation - Declaration that impugned provision null and void, application for - Confiscation of books on suspicion of commission of offences under s. 16 of Syariah Criminal Offences (Selangor) Enactment 1995 - Whether an offence against precepts of Islam - Whether Selangor State Legislative Assembly (SSLA) had power to enact law - Whether only Parliament had power to legislate matter - Whether art. 10 of Federal Constitution should be read with arts. 3(1), 11, 74(2) & 121 - Whether SSLA acted within constitutional framework of Federal Constitution - Whether impugned legislation valid and ultra vires Federal Constitution - Whether Muslim in Malaysia subjected to both general laws and state laws
ZI Publications Sdn Bhd & Anor v. Kerajaan Negeri Selangor; Kerajaan Malaysia & Anor (Intervener)
(Raus Sharif PCA, Zulkefli Ahmad Makinudin CJ (Malaya), Abdull Hamid Embong , Ahmad Maarop, Abu Samah Nordin FCJJ) [2015] 8 CLJ 621 [FC]

LABOUR LAW

Employment - Dismissal - Employee dismissed from employment based on allegation of theft - Metal strips found hidden in motorbike carrier - Absence of domestic inquiry - Whether employee given chance to defend himself - Industrial Court held that employee was dismissed without just cause or excuse - Company ordered to pay compensation in lieu of reinstatement - Application by company to High Court to quash decision of Industrial Court - Whether award made by Industrial Court susceptible to judicial review
Eaton Electronic Swithgear Sdn Bhd v. Sukumaran Nadason & Anor
(Collin Lawrence Sequerah JC) [2015] 8 CLJ 739 [HC]

LEGAL PROFESSION

Disciplinary Committee - Findings of - Disciplinary Committee decided on issue not complained by complainant - Respondents suspended from legal practice - Jurisdiction of Disciplinary Committee - Whether Disciplinary Committee stepped out of boundaries - Whether Legal Profession Act 1976 permits Disciplinary Committee to clothe itself as judge, prosecutor and executioner
Bar Malaysia v. Neasarani T Singara Thevar & Anor
(Balia Yusof Wahi, Hamid Sultan Abu Backer, Vernon Ong Lam Kiat JJCA) [2015] 8 CLJ 634 [CA]

SUCCESSION

Will - Trust created - Co-executor and trustees obtained ex-parte sanction order for sale of property belonging to estate to optimise returns from will trust assets - Co-executor rejected sale and successfully obtained order to set aside ex-parte sanction order - Sale aborted - Appellants sought relief from personal liability for said sale - Trial judge dismissed appellants' application for relief - Appeal against finding of trial judge - Whether appellants acted dishonestly - Whether purpose of sale was for reinvestment or liquidation - Whether appellants acted reasonably - Whether appellants could be indemnified either wholly or partially for breach of trust
Ong Soo Keok & Ors v. Ong Soo Kwee
(David Wong Dak Wah, Varghese George, Nallini Pathmanathan JJCA) [2015] 8 CLJ 641 [CA]

TORT

Negligence - Medical negligence - Patient becoming quadriplegic after undergoing spinal surgery - Whether due care and skill exercised in treating patient - Test applicable to determine standard of care - Whether informed consent obtained for surgery - Whether patient properly advised regarding need for surgery - Whether surgery properly carried out - Whether post operative care was proper and sufficient - Whether there was organisational and system failure in hospital - Non-delegable duty of care owed by hospital to patients - Whether hospital vicariously liable for negligence of doctors and nurses - Whether causation established - Whether patient entitled to special and general damages
Adventist Hospital & Clinic Services (M) v. Kee Boon Suan & Anor And Another Case
(Nordin Hassan JC) [2015] 8 CLJ 676 [HC]

TRUST AND TRUSTEES

Breach of trust - Application for relief from personal indemnity for breach - Trial judge dismissed appellants' application for relief - Appeal against finding of trial judge - Whether appellants acted dishonestly - Whether purpose of sale was for reinvestment or liquidation - Whether appellants acted reasonably - Whether appellants could be indemnified either wholly or partially for breach of trust - Trustee Act 1949, s. 63
Ong Soo Keok & Ors v. Ong Soo Kwee
(David Wong Dak Wah, Varghese George, Nallini Pathmanathan JJCA) [2015] 8 CLJ 641 [CA]

Breach of trust - Application of s. 63 Trustee Act 1949 - Whether s. 63 required application of objective or subjective test - Whether application of s. 63 entirely a matter of judicial discretion - Whether s. 63 should be construed narrowly - Whether each case to be governed by its own particular circumstances
Ong Soo Keok & Ors v. Ong Soo Kwee
(David Wong Dak Wah, Varghese George, Nallini Pathmanathan JJCA) [2015] 8 CLJ 641 [CA]


ARTICLES

LNS Article(s)

  1. THE ETHICAL PERILS OF BREACHING CRIMINAL PROCEDURAL RULES ON THE CLIENT'S INSTRUCTIONS* [Read excerpt]
    by: ALVIN CHEN** [2015] 1 LNS(A) lxxxv

  2. [2015] 1 LNS(A) lxxxv
    logo
    SINGAPORE

    THE ETHICAL PERILS OF BREACHING CRIMINAL PROCEDURAL
    RULES ON THE CLIENT'S INSTRUCTIONS*

    by
    ALVIN CHEN**

    Introduction

    In civil proceedings, lawyers are “entitled to use all available legal procedures to the best advantage of the client”,[1] but ethical perils surface when they “manipulate or misuse the machinery” of procedural rules.[2] As Professor Jeffrey Pinsler SC has observed, ethical principles have become intertwined with civil procedure in recent years, with the Singapore Courts making, in a number of cases, “express observations on civil proceedings concerning such matters as evaluating the issues and circumstances of a case with a client …, the drafting of documents and the approach to evidence at trial”.[3]

    It appears that a similar trend is developing for criminal proceedings in Singapore vis-à-vis lodging appeals[4] and the prosecutor’s duty of disclosure.[5] One of the most difficult ethical dilemmas in criminal proceedings is the proper balance to be struck between a solicitor’s duty to the Court and his duty to the client. Recently, the English Court of Appeal issued a controversial decision R v. SVS Solicitors[6] (“SVS Solicitors”) on this ethical issue. This article explores the ethical perils of breaching criminal procedural rules on the client’s instructions.

    . . .

    * This article was originally published in the (May 2012) issue of the Singapore Law Gazette (www.lawgazette.com.sg), the official publication of the Law Society of Singapore, published by LexisNexis. Reproduced with permission.

    ** Chief Legal Officer, Director, Representation and Law Reform. The Law Society of Singapore. E-mail: alvin@lawsoc.org.sg.


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  3. THE CORONER SYSTEM IN THE 21ST CENTURY* [Read excerpt]
    by: HIS HONOUR JUDGE PETER THORNTON QC** [2015] 1 LNS(A) lxxxvi

  4. [2015] 1 LNS(A) lxxxvi
    logo
    UNITED KINGDOM

    THE CORONER SYSTEM IN THE 21ST CENTURY*
    by
    HIS HONOUR JUDGE PETER THORNTON QC**

    Introduction

    1.     It is a real honour and a pleasure to be invited to speak today. The Howard League for Penal Reform is one of the great reforming charities of our time. As the oldest penal reform organization in the world, its work, since its inception in 1866 (as the Howard Association), has been outstanding, challenging government after government to make humanitarian changes. Some of its recent work, on children in prison, women in prison, suicide and self-harm and restraint, has been truly inspirational, thanks, no doubt, to the indefatigable and formidable talents of its director Frances Crook and her team.

    2.     John Howard (1726-1790), the penal reformer, was drawn into the world of prisons in his 50s in 1773 in his year of office as Sheriff of Bedford. He discovered that prisoners who had been acquitted at the Assize courts were taken back to prison and kept there, simply because they could not afford the fees of the goaler and the tipstaff who had held them in custody in the first place. Howard requested that this injustice should be avoided by paying the goaler a salary, but the counties resisted the extra expense. John Howard spent the next 17 years, as he said, ‘looking into the prisons [where] I beheld scenes of calamity, which I grew daily more and more anxious to alleviate’. He survived the plague, goal fever and much more on his prison visits, he claimed, because he was a vegetarian and a teetotaller.

    . . .

    * Howard League For Penal Reform - Parmoor Lecture (London, 25 October 2012). Published with kind permission of the Judicial Communications Office, Judiciary of England and Wales (https://www.judiciary.gov.uk/announcements/coroner-system-21st-century-chief-coroner-speech-25102012/r 2012.pdf)

    ** Chief Coroner


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LEGISLATION HIGHLIGHTS

Principal Acts

Number Title In force from Repealing
ACT 771 Malaysian Aviation Commission Act 2015 Not Yet In Force -
ACT 770 Special Measures Against Terrorism In Foreign Countries Act 2015 15 June 2015 [PU(B) 250/2015] -
ACT 769 Prevention of Terrorism Act 2015 1 September 2015 [PU(B) 345/2015] -
ACT 768 Technologists and Technicians Act 2015 1 August 2015 [PU(B) 286/2015] -
ACT 767 Public Sector Home Financing Board Act 2015 1 July 2015 [PU(B) 265/2015] except Parts IV, V, VI and VIII; 24 August 2015 [PU(B) 335/2015] - Parts V and VI -

Amending Acts

Number Title In force from Principal/Amending Act No
ACT A1499 Capital Markets and Services (Amendment) Act 2015 15 September 2015 [PU(B) 369/2015] ACT 671
ACT A1498 Consumer Protection (Amendment) Act 2015 Not Yet In Force ACT 599
ACT A1497 Civil Aviation (Amendment) Act 2015 Not Yet In Force ACT 3
ACT A1496 Retirement Fund (Amendment) Act 2015 21 October 2015 [PU(B) 406/2015] ACT 662
ACT A1495 Police (Amendment) Act 2015 Not Yet In Force ACT 344

PU(A)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(A) 251/2015 Customs Duties (Exemption) (Amendment) (No. 3) Order 2015 22 October 2015 22 October 2015 PU(A) 371/2013
PU(A) 250/2015 Trade Descriptions (Cheap Sale Price) (Amendment) Regulations 2015 20 October 2015 1 November 2015 PU(A) 424/1997
PU(A) 249/2015 Federal Roads (Private Management) (Collection of Tolls) (Ampang-Kuala Lumpur Elevated Highway) (Amendment) Order 2015 13 October 2015 15 October 2015 PU(A) 166/2001
PU(A) 248/2015 Federal Roads (Private Management) (Collection of Tolls) (Kuala Lumpur-Putrajaya Highway) (Amendment) Order 2015 13 October 2015 15 October 2015 PU(A) 15/2008
PU(A) 247/2015 Federal Roads (Private Management) (Collection of Tolls) (Kajang-Seremban Highway) (Jelebu Toll Plaza) (Amendment) Order 2015 13 October 2015 15 October 2015 PU(A) 319/2010

PU(B)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(B) 408/2015 Notice of Impending Termination of The Imposition of Anti-Dumping Duties On Imports of Polyethylene Terephthalate Originating or Exported From The Kingdom of Thailand 20 October 2015 21 April 2011 to 20 April 2016 PU(A) 233/1994
PU(B) 407/2015 Notification of Values of Crude Palm Oil Under Section 12 20 October 2015 1 November 2015 to 30 November 2015 ACT 235
PU(B) 406/2015 Appointment of Date of Coming Into Operation 20 October 2015 21 October 2015 ACT A1496
PU(B) 405/2015 Appointment of Lock-Up To Be A Place of Confinement 19 October 2015 20 October 2015 ACT 537; ACT 694
PU(B) 404/2015 Prescription Under Section 6 19 October 2015 20 October 2015 ACT 32

Legislation Alert

Updated

Act/Principal No. Title Amended by In force from Section amended
PU(A) 424/1997 Trade Descriptions (Cheap Sale Price) Regulations 1997 PU(A) 250/2015 1 November 2015 Regulations 3, 5, 6, 7, 8, 10, 11, 12, 12A, 13, 15, First and Second Schedule
PU(A) 371/2013 Customs Duties (Exemption) Order 2013 PU(A) 251/2015 22 October 2015 Schedule
ACT 662 Retirement Fund Act 2007 ACT A1496 21 October 2015 [PU(B) 406/2015] Sections 2, 4A, 6, 7, 13, 14 and 21A
PU(A) 27/1999 Federal Roads (Private Management) (Collection of Tolls) (Damansara-Puchong Highway) Order 1999 PU(A) 159/2015 1 July 2015 First Schedule
PU(A) 136/2015 Highway Authority Malaysia (Incorporation) (Collection of Tolls) (East Coast Express Way-Phase 2) Order 2015 PU(A) 219/2015 1 October 2015 Paragraph 1; First Schedule

Revoked

Act/Principal No. Title Revoked by In force from
PU(A) 479/2012 Capital Markets and Services (Prescription of Capital Market Product) (Islamic Capital Market Product) Order 2012 [Revoked By Act A1499] ACT A1499 15 September 2015 [PU(B) 369/2015]
PU(A) 478/2012 Capital Markets and Services (Prescription of Islamic Securities) Order 2012 [Revoked By Act A1499] ACT A1499 15 September 2015 [PU(B) 369/2015]
PU(B) 487/2014 Appointment and Revocation of Appointment of Registrar of Fishermen's Associations PU(B) 322/2015 Appointment - 18 May 2015; Revocation of Appointment - 4 April 2015
PU(A) 13/2015 Federal Roads (East Coast Expressway-Phase 2) Order 2015 PU(A) 157/2015 14 July 2015
PU(B) 319/1999 Designation of Immigration Depot PU(B) 249/2015 15 June 2015