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CLJ Bulletin, Issue 2016, Vol 32
11 August 2016


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New This Week

1. Case(s) of the Week

  1. MOHD SHAH DAUD v. PENTADBIR TANAH DAN JAJAHAN KOTA BHARU [2016] 6 CLJ 806

  2. TEH KENG HWA lwn. ZURICH INSURANCE MALAYSIA BHD [2016] 1 SMC 236

2. Latest Cases

  1. Legal Network Series

  2. CLJ 2016 Volume 6 (Part 6)

3. Articles

  1. LNS Article(s)

  2. CLJ Article(s)

4. Legislation Highlights

  1. Principal Acts

  2. Amending Acts

  3. PU(A)

  4. PU(B)

  5. Legislation Alert

Search Guide No. 8
A wild card search on words and phrases using asterisk "*" to expand search

Key in any word or exact phrase in the Search Term column.

To expand search on a specific word, key in at least 4 letters of the base word followed by an asterisk.

The search engine will look for all possible combinations starting with the base word.
 

Example:-

1. assign*

- get results with the words "assignee", "assigned", "assigning", "assignor", "assignment", "assignments" and etc.



CASE(S) OF THE WEEK

MOHD SHAH DAUD v. PENTADBIR TANAH DAN JAJAHAN KOTA BHARU [2016] 6 CLJ 806
COURT OF APPEAL, PUTRAJAYA
PRASAD SANDOSHAM ABRAHAM JCA, ZAMANI A RAHIM JCA, MARY LIM JCA
[CIVIL APPEAL NO: D-01(A)-253-08-2015]
13 MAY 2016

LAND LAW: Acquisition of land - Award of compensation - Appeal against - Whether decision of court on compensation final - Whether appeal maintainable - Whether there was attempt to circumvent intent of ss. 40D(3) & 49(1) of Land Acquisition Act 1960

LAND LAW: Acquisition of land - Award of compensation - Compulsory acquisition - Late payment charges on additional compensation - Claim for - Whether there must be adequate compensation for person deprived of his property not out of his own free choice - Federal Constitution, art. 13 - Whether claimant could be deprived of late payment charge on ground that he sought legal recourse - Land Acquisition Act 1960, s. 48


TEH KENG HWA lwn. ZURICH INSURANCE MALAYSIA BHD [2016] 1 SMC 236
MAHKAMAH SESYEN, SUNGAI PETANI
ZAMAN MOHD NOOR HS
[GUAMAN SIVIL NO: A52NCC-29-04-2014]
6 APRIL 2015

INSURANS: Kewajipan pendedahan - Ketidakzahiran material - Kesihatan si mati - Sama ada fakta material tidak dinyatakan dalam borang permohonan insurans - Sama ada pemeriksaan kesihatan si mati menunjukkan bahawa beliau adalah sihat - Sama ada si mati menghidap penyakit darah tinggi - Sama ada maklumat penyakit si mati didedahkan kepada pihak insurans - Sama ada fakta material disembunyikan - Sama ada pihak insurans telah memastikan ketepatan maklumat yang diberikan oleh si mati - Pacific & Orient Insurance Co Sdn Bhd v. R Kathirvelu

To view a sample of the Sessions and Magistrates' Cases journal, click here. For product enquiries, contact priority@cljlaw.com.


LATEST CASES

Legal Network Series

[2016] 1 LNS 31

JUSTRITE CONSTRUCTION & SERVICES SDN BHD v. LING TOON CHAI

CIVIL PROCEDURE: Appeal - Fresh evidence - Appeal by employer against decision of labour court - Application by employer at appeal stage to produce revised overtime sheet and letter of acceptance of overtime sheet - Labour court held it was unjust for employer to dispute overtime work and claims - Whether new evidence, if available at time of trial, would have determining influence upon decision of labour court - Whether conditions of O. 55 r. 7 of Rules of Court 2012 had been met

[2016] 1 LNS 34

SINNASAMY KRISHNAN v. TIMBALAN MENTERI DALAM NEGERI, MALAYSIA & ORS

PREVENTIVE DETENTION: Detention order - Application for habeas corpus - Non-compliance of procedural requirements - Detention under s. 6(1) of the Dangerous Drugs (Special Preventive Measures) Act 1985 - Accused was associated with activity relating to trafficking in dangerous drugs - Non-compliance with procedure of arrest and investigation - Doubt as to when Form I handed to advisory board - Allegation of non-receipt of Form II - Whether there was breach of any procedural requirement rendering detention order unlawful - Whether non-compliance with procedures of arrest and investigation were relevant in deciding on detention order

[2016] 1 LNS 105

TRIPPLE INTERNATIONAL LIMITED v. BELIA CERMAT SDN BHD & ORS

CIVIL PROCEDURE: Affidavits - Expunging of - Application to expunge statement made in affidavit - Disclosure of "without prejudice" communications and negotiations - Disclosure of details of mediation and outcome of mediation in affidavit - Mediation was conducted on "without prejudice" basis - Whether disclosure of details of negotiation and mediation between parties amounted to breach of confidence and was done in bad faith - Whether amounted to unconscionable conduct and breach of professional conduct on solicitor's part - Rules of Court 2012, O. 41 r. 6

EVIDENCE: Privilege - "Without prejudice" communications - Admissibility of statements made by parties during any settlement negotiation and mediation - Whether "without prejudice" communications were admissible - Whether "without prejudice" correspondence entered into with object of effecting compromise of an action remained privileged - Whether there was waiver of privilege

[2016] 1 LNS 112

MK SAMY MADASAMY v. KOPERASI SERBAGUNA SUNGAI GELUGOR BERHAD & ORS

CIVIL PROCEDURE: Amendment - Pleadings - Application to amend statement of defence - Original statement of defence filed by previous solicitor was too brief without particularisation of material facts - Whether amendment was justified - Whether amendment sought was bona fide - Whether proposed amendment would alter character of action - Rules of Court 2012, O. 20 r. 5

CIVIL PROCEDURE: Amendment - Pleadings - Addition of counterclaim by way of amendment - Procedure and principles – Whether O. 20 r. 2 & r. 5(1) prohibited addition of a counterclaim by way of an amendment

CIVIL PROCEDURE: Amendment - Pleadings - Addition of counterclaim by way of amendment - Objection by plaintiff - Allegation that counterclaim caught by limitation - Declaratory reliefs prayed in proposed counterclaim - Whether relief sought was caught by limitation

[2016] 1 LNS 150

SARZALI MOHD JAMIL & ANOR v. HAFIZ ROHIZAN & ANOR

DAMAGES: Appeal - Appeal against award made - Personal injuries - Costs of domestic care taker - Issue of amount and multiplier - Serious permanent disabilities - Trial judge awarded RM250 per month for domestic caretaker with multiplier of 5 years - Whether award granted was reasonable and appropriate - Whether RM450 per month for 37 years ought to be granted

DAMAGES: Appeal - Appeal against award made - Personal injuries - Lump sum award - Damages for proximate radius fracture - Injury relating to hand - Trial judge only granted global award for right leg fracture and consequential residuals - Whether lump sum award for different injuries concerning different parts of body was proper and appropriate - Whether a separate award ought to have been made


CLJ 2016 Volume 6 (Part 6)

COURT OF APPEAL

Ab Aziz Al-Safi Ismail & Anor v. Noraini Abdullah
Hamid Sultan Abu Backer, Badariah Sahamid, Mary Lim JJCA
(Contract - Tenancy agreement - Claim for unlawful termination) [2016] 6 CLJ 793 [CA]

Mohd Shah Daud v. Pentadbir Tanah Dan Jajahan Kota Bharu
Prasad Sandosham Abraham, Zamani A Rahim, Mary Lim JJCA
(Land Law - Acquisition of land - Award of compensation - Appeal against) [2016] 6 CLJ 806 [CA]

Perak Integrated Network Services Sdn Bhd v. Urban Domain Sdn Bhd & Anor
Abang Iskandar, Idrus Harun, Nallini Pathmanathan JJCA
(Company Law; Civil Procedure - Derivative action - Whether 'wrongdoer' control determines derivative action) [2016] 6 CLJ 820 [CA]

Tan Van Chieu & Ors v. PP
Tengku Maimun Tuan Mat, Abang Iskandar, Ahmadi Asnawi JJCA
(Criminal Law; Criminal Procedure - Fisheries offence - Order for forfeiture of proceeds from fishing paraphernalia including vessel - Validity of order) [2016] 6 CLJ 841 [CA]

Young Yean Chin & Ors v. Quek Yak Kang & Ors
Abdul Aziz Abdul Rahim, Badariah Sahamid, Prasad Sandosham Abraham JJCA
(Civil Procedure - Affidavits - Authority to affirm affidavit) [2016] 6 CLJ 860 [CA]

HIGH COURT

Ahmad Sabri Abu Hassan v. Maybank Islamic Bhd
Lim Chong Fong JC
(Civil Procedure - Appeal - Filing of record of appeal one month after filing of notice of appeal - Judgment in default - Setting aside) [2016] 6 CLJ 871 [HC]

Bank Simpanan Nasional v. Tham Lai Ling
Mohd Nazlan Ghazali JC
(Civil Procedure - Limitation period - Action for recovery of shortfall) [2016] 6 CLJ 880 [HC]

Naik Diew Kong v. Ling Sing Hang & Co Sdn Bhd & Ors
Noorin Badaruddin JC
(Civil Procedure; Land Law - Striking out - Application to terminate co-proprietorship) [2016] 6 CLJ 896 [HC]

PP v. Bonadventure Chinendu Okoro
Zulkifli Bakar J
(Criminal Law - Dangerous Drugs Act 1952 - Trafficking - Incomplete investigation) [2016] 6 CLJ 910 [HC]

Public Bank Bhd v. Mahacity Sdn Bhd & Anor
SM Komathy JC
(Civil Procedure; Contract - Third party proceedings - Indemnity) [2016] 6 CLJ 925 [HC]

Than Siew Beng & Anor v. Ketua Pengarah Jabatan Pendaftaran Negara & Ors
Asmabi Mohamad J
(Constitutional Law; Children And Young Persons - Adoption - Citizenship) [2016] 6 CLJ 934 [HC]

SUBJECT INDEX

CHILDREN AND YOUNG PERSONS

Adoption - Citizenship - Adoption order - Effect of - Whether adoption order could confer citizenship status on adopted child - Adoptive parents not lawful parent within meaning of art. 14 of Federal Constitution - Whether applicants had valid grounds to demand citizenship status - Whether application for citizenship rendered frivolous
Than Siew Beng & Anor v. Ketua Pengarah Jabatan Pendaftaran Negara & Ors
(Asmabi Mohamad J) [2016] 6 CLJ 934 [HC]

CIVIL PROCEDURE

Action - Cause of action - Accrual of - Action for recovery of shortfall after sale of charged property - Whether accrued from date of default - Whether claim instituted within applicable limitation period - Whether exceeded six year limitation period - Whether claim time barred - Whether action ought to be struck out - Rules of Court 2012, O. 18 r. 19 - Limitation Act 1953, ss. 6 & 21
Bank Simpanan Nasional v. Tham Lai Ling
(Mohd Nazlan Ghazali JC) [2016] 6 CLJ 880 [HC]

Action - Limitation period - Action for recovery of shortfall after sale of charged property - Whether accrued from date of default - Whether claim instituted within applicable limitation period - Whether exceeded six year limitation period - Whether claim time barred - Whether action ought to be struck out - Rules of Court 2012, O. 18 r. 19 - Limitation Act 1953, ss. 6 & 21
Bank Simpanan Nasional v. Tham Lai Ling
(Mohd Nazlan Ghazali JC) [2016] 6 CLJ 880 [HC]

Affidavits - Affidavit in reply - Whether first defendant empowered to file affidavit on behalf of other defendants - Whether first defendant had authority to affirm affidavit on behalf of other defendants - Whether affidavit in reply rejected on flawed ground - Whether there was judicial appreciation of affidavit evidence - Whether there was miscarriage of justice
Young Yean Chin & Ors v. Quek Yak Kang & Ors
(Abdul Aziz Abdul Rahim, Badariah Sahamid, Prasad Sandosham Abraham JJCA) [2016] 6 CLJ 860 [CA]

Appeal - Notice of appeal - Amendment of - Without leave of court - Whether contents inserted without leave to be expunged
Ahmad Sabri Abu Hassan v. Maybank Islamic Bhd
(Lim Chong Fong JC) [2016] 6 CLJ 871 [HC]

Appeal - Record of appeal - Filing of record of appeal one month after filing of notice of appeal - Failure to apply for extension of time - Whether fatal to appeal - Whether curable under O. 1A of Rules of Court 2012
Ahmad Sabri Abu Hassan v. Maybank Islamic Bhd
(Lim Chong Fong JC) [2016] 6 CLJ 871 [HC]

Judgment and orders - Judgment in default - Setting aside - Whether judgment in default regularly obtained - Whether appellant had meritorious defence - Whether contract was a nullity - Whether writ properly served - Rules of Court 2012, O. 10 r. 3(b)
Ahmad Sabri Abu Hassan v. Maybank Islamic Bhd
(Lim Chong Fong JC) [2016] 6 CLJ 871 [HC]

Jurisdiction - Courts - Derivative action - Action on behalf of company - Whether proper mode to institute action - Whether there was absence of requisite elements for derivative action - Whether aggrieved party a minority shareholder - Whether majority or minority shareholder a conclusive test - Whether 'wrongdoer' control determines derivative action - Parties in equal shareholding position with equal voting power - Whether one party proved to be in de facto control of company - Whether action wrongly constituted - Whether court has jurisdiction to hear action
Perak Integrated Network Services Sdn Bhd v. Urban Domain Sdn Bhd & Anor
(Abang Iskandar, Idrus Harun, Nallini Pathmanathan JJCA) [2016] 6 CLJ 820 [CA]

Striking out - Appeal against - Action for recovery of shortfall after sale of charged property - Whether accrued from date of default - Whether claim instituted within applicable limitation period - Whether exceeded six year limitation period - Whether claim time barred - Whether action ought to be struck out - Rules of Court 2012, O. 18 r. 19 - Limitation Act 1953, ss. 6 & 21
Bank Simpanan Nasional v. Tham Lai Ling
(Mohd Nazlan Ghazali JC) [2016] 6 CLJ 880 [HC]

Striking out - Rules of Court, O. 18 r. 19 - Cause of action - Co-proprietorship of land - Application to terminate co-proprietorship by way of partition - Whether originating summons disclosed reasonable cause of action
Naik Diew Kong v. Ling Sing Hang & Co Sdn Bhd & Ors
(Noorin Badaruddin JC) [2016] 6 CLJ 896 [HC]

Third party proceedings - Indemnity - Third party notice for indemnity - Whether bank entitled to indemnity in absence of express or implied contract of indemnity - Nature of claim - Whether for damages for breach of contract or indemnity - Whether bank entitled to refund - Rules of Court 2012, O. 16 r. 8(1)
Public Bank Bhd v. Mahacity Sdn Bhd & Anor
(SM Komathy JC) [2016] 6 CLJ 925 [HC]

COMPANY LAW

Derivative action - Action on behalf of company - Whether proper mode to institute action - Whether there was absence of requisite elements for derivative action - Whether aggrieved party a minority shareholder - Whether majority or minority shareholder a conclusive test - Whether 'wrongdoer' control determines derivative action - Parties in equal shareholding position with equal voting power - Whether one party proved to be in de facto control of company - Whether action wrongly constituted - Whether court has jurisdiction to hear action
Perak Integrated Network Services Sdn Bhd v. Urban Domain Sdn Bhd & Anor
(Abang Iskandar, Idrus Harun, Nallini Pathmanathan JJCA) [2016] 6 CLJ 820 [CA]

CONTRACT

Agreement - Termination - Tenancy agreement - Claim for unlawful termination - Memorandum of understanding in relation to tenancy agreement - Failure to comply with matters agreed upon - Refusal to pay rentals and vacate premises - Whether termination notices valid and enforceable - Whether distress proceedings could be contested - Whether contractual right to terminate for breach existed
Ab Aziz Al-Safi Ismail & Anor v. Noraini Abdullah
(Hamid Sultan Abu Backer, Badariah Sahamid, Mary Lim JJCA) [2016] 6 CLJ 793 [CA]

Indemnity - Scope of - Third party notice for indemnity - Whether bank entitled to indemnity in absence of express or implied contract of indemnity - Nature of claim - Whether for damages for breach of contract or indemnity - Whether bank entitled to refund
Public Bank Bhd v. Mahacity Sdn Bhd & Anor
(SM Komathy JC) [2016] 6 CLJ 925 [HC]

CONSTITUTIONAL LAW

Citizenship - Citizenship by operation of law - Child adopted by Malaysian parents - Failure to determine identity and citizenship of biological parents - Whether child proved to be stateless person - Applicability of International Human Rights Convention - Whether international treaties incorporated into municipal law - Whether applicants had valid grounds to demand citizenship status - Whether application for citizenship rendered frivolous - Whether applicants fulfilled requirement of art.14(1)(b) of Federal Constitution
Than Siew Beng & Anor v. Ketua Pengarah Jabatan Pendaftaran Negara & Ors
(Asmabi Mohamad J) [2016] 6 CLJ 934 [HC]

CRIMINAL LAW

Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in 837.9g of methamphetamine - Drugs discovered in bag carried by accused - Defence of innocent carrier - Whether established - Whether accused had knowledge of drugs inside bag - Whether there was discrepancy in chemist's analysis of drugs - Incomplete investigation - Whether detrimental to prosecution's case - Whether accused succeeded in rebutting statutory presumption of trafficking under s. 37(da)(xvi)
PP v. Bonadventure Chinendu Okoro
(Zulkifli Bakar J) [2016] 6 CLJ 910 [HC]

Fisheries Act 1985 - Section 16(3) - Conviction and sentence - Further order by Magistrate for forfeiture of proceeds from fishing paraphernalia including vessel - Validity of order - Whether offence admitted by accused persons - Challenge as to powers of Malaysian Maritime Enforcement Agency officers - Whether meritorious - Whether officer had powers to act under Fisheries Act 1985 - Malaysian Maritime Enforcement Agency Act 2004, ss. 2 & 7(3)
Tan Van Chieu & Ors v. PP
(Tengku Maimun Tuan Mat, Abang Iskandar, Ahmadi Asnawi JJCA) [2016] 6 CLJ 841 [CA]

CRIMINAL PROCEDURE

Forfeiture - Fisheries offence - Order for forfeiture of proceeds from fishing paraphernalia including vessel - Validity of order - Section 34 of Fisheries Act 1985 - Failure by Deputy Public Prosecutor to make application for forfeiture - Determining factor - Whether offence admitted by accused persons - Use of word 'disposed' and not 'forfeited' by Magistrate - Whether court satisfied that vessel was subject matter or used in commission of offence - Whether order occasioned in substantial miscarriage of justice - Fisheries Act 1985, s. 16(3)
Tan Van Chieu & Ors v. PP
(Tengku Maimun Tuan Mat, Abang Iskandar, Ahmadi Asnawi JJCA) [2016] 6 CLJ 841 [CA]

LAND LAW

Acquisition of land - Award of compensation - Appeal against - Whether decision of court on compensation final - Whether appeal maintainable - Whether there was attempt to circumvent intent of ss. 40D(3) & 49(1) of Land Acquisition Act 1960
Mohd Shah Daud v. Pentadbir Tanah Dan Jajahan Kota Bharu
(Prasad Sandosham Abraham, Zamani A Rahim, Mary Lim JJCA) [2016] 6 CLJ 806 [CA]

Acquisition of land - Award of compensation - Compulsory acquisition - Late payment charges on additional compensation - Claim for - Whether there must be adequate compensation for person deprived of his property not out of his own free choice - Federal Constitution, art. 13 - Whether claimant could be deprived of late payment charge on ground that he sought legal recourse - Land Acquisition Act 1960, s. 48
Mohd Shah Daud v. Pentadbir Tanah Dan Jajahan Kota Bharu
(Prasad Sandosham Abraham, Zamani A Rahim, Mary Lim JJCA) [2016] 6 CLJ 806 [CA]

Subdivision - Co-ownership - Application to terminate co-proprietorship - Partition - Whether National Land Code allows court to consider or approve application to partition land - Whether co-proprietor holding majority share in land may apply for approval to partition land - National Land Code, ss. 140, 141, 142 & 145(1)(a)
Naik Diew Kong v. Ling Sing Hang & Co Sdn Bhd & Ors
(Noorin Badaruddin JC) [2016] 6 CLJ 896 [HC]


ARTICLES

LNS Article(s)

  1. HATE SPEECH ON THE RISE: LACUNAE IN MALAYSIAN LAW [Read excerpt]
    by: MURNI WAN MOHD NOR* [2016] 1 LNS(A) lxvii

  2. [2016] 1 LNS(A) lxvii
    logo
    MALAYSIA

    HATE SPEECH ON THE RISE: LACUNAE IN MALAYSIAN LAW
    by
    MURNI WAN MOHD NOR*

    Malaysia is made up of many racial and religious groups whose fundamental rights have been protected by and enshrined in the Federal Constitution. However, our history has witnessed the unfortunate events of racial riots and at present, tensions still exist beneath the surface. The use of hate speech in our multicultural country has increased with the advent of social media. This has resulted in hateful and violent acts being committed which threaten peace and harmony in the country, causing the Government to consider the promulgation of a specific legislation for the regulation of hate speech. This paper firstly looks at governmental efforts that were made to strengthen racial harmony. Then, the author discusses the recent instances of racial and religious animosity that has been aggravated by social media which has brought about tensions affecting the community. The paper also highlights the lacunae in Malaysian law in addressing issues arising from hate speech. Finally, the author concludes by discussing the necessity of having a specific legislation for hate speech in order to adequately address the magnitude of problems that will ensue as a result of the law's failure in safeguarding the people from its harm.

    Keywords: hate speech, race relations, free speech.

    . . .

    * Dr Murni Wan Mohd Nor is a Senior Lecturer at the Department of Government and Civilization Studies, Faculty of Human Ecology, Universiti Putra Malaysia. Her field of expertise is politics, human rights and constitutional law. She is contactable at murni@upm.edu.my and murniwan86@gmail.com. Her address is No 2A, Lorong DPP 2/11, Desa Pinggiran Putra, 43000 Kajang, Selangor.


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  3. SHIFTING THE FOCUS FROM MEDIATING THE PROBLEM
    TO MEDIATING THE MOMENT - USING INTUITION AS A GUIDE*
    [Read excerpt]
    by: GREG ROONEY+
    MARGARET ROSS++
    [2016] 1 LNS(A) lxviii

  4. [2016] 1 LNS(A) lxviii
    logo
    SINGAPORE

    SHIFTING THE FOCUS FROM MEDIATING THE PROBLEM
    TO MEDIATING THE MOMENT - USING INTUITION AS A GUIDE*

    by
    GREG ROONEY+
    MARGARET ROSS++

    Separating the Problem from the Parties’ Positions

    People traditionally bring their unresolved disputes and conflict to lawyers to seek a pathway to a resolution. Parties traditionally present this uncertainty as a “problem” to be resolved.

    However, one party’s version of “the problem” is not necessarily the other’s. This can result in the problem being simply defined as the difference between each party’s fixed negotiation position.

    However “the problem”, as presented by each party, is made up of a number of elements:

    1. The most visible is each party’s stated position. A position is in reality just another strategic intervention. It is a negotiation strategy and not necessarily a final position. There is an element of illusion and subterfuge about it.

    2. Then there is what is known as the parties’ bottom-line. This is generally not disclosed to the other party except if it is a “pretend” bottom-line used as a negotiating strategy (see 1 above). However, the real bottom-line can shift during the mediation depending on the various influences and pressures brought about by the negotiation. Therefore, even this real bottom line has an element of elasticity about it.

    . . .

    * This article was originally published in the (January 2013) 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.

    + Margaret Ross and Greg Rooney have practised for more than 20 years as mediators in Australia. They are both lawyers and have taught and trained mediators for a number of public and private institutions over the last three decades. They, together with Barbara Wilson from the UK, conduct annual residential mediation workshops in Tuscany, Italy. www.gregrooney.com.au


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CLJ Article(s)

  1. CRITICAL LEGAL RE-EVALUATION OF ENVIRONMENT IMPACT ASSESSMENT REQUIREMENT UNDER THE NEW ENVIRONMENTAL QUALITY (PRESCRIBED ACTIVITIES) (ENVIRONMENTAL IMPACT ASSESSMENT) ORDER 1987: IMPACT ON HILL SLOPE CONSTRUCTION AND DEVELOPMENT* [Read excerpt]
    by: JEONG CHUN PHUOC** & DR AZMI SHAROM*** [2016] 6 CLJ(A) xxi CLJ 2016 Volume 6 (Part 6)

  2. [2016] 6 CLJ(A) xxi
    logo
    MALAYSIA

    CRITICAL LEGAL RE-EVALUATION OF ENVIRONMENT IMPACT ASSESSMENT REQUIREMENT UNDER THE NEW ENVIRONMENTAL QUALITY (PRESCRIBED ACTIVITIES) (ENVIRONMENTAL IMPACT ASSESSMENT) ORDER 1987: IMPACT ON HILL SLOPE CONSTRUCTION AND DEVELOPMENT*
    by
    JEONG CHUN PHUOC** & DR AZMI SHAROM***

    Abstract

    In Malaysia, Environmental Impact Assessment Report (hereinafter 'EIA Report') requirement was made compulsory in 1988 under the EIA Order 2015 and the Land Conservation Act 1976 are inherently ineffective in several legal aspects. In conclusion, the paper proposes for adoption of strategic recommendation to enhance implementation and compliance governance in hill slope construction activities with special focus on legal reform for hill slope construction and development for construction stakeholders. As a delimitation exercise, the EIA application and its compliance position concerning Sabah and Sarawak (East Malaysia) is excluded from the scope of this research proper.Keywords: Environmental Impact Assessment (EIA), Prescribed Activities, Hill Slope, Construction, Development, Land Conservation, Compliance.

    . . .

    * This article is extracted from the PhD thesis research undertaken at Faculty of Law, Universiti of Malaya.

    ** jeongchunphuoc@gmail.com Faculty of Law, University of Malaya, Malaysia.

    *** asharom@um.edu.my Faculty of Law, University of Malaya, Malaysia


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LEGISLATION HIGHLIGHTS

Principal Acts

Number Title In force from Repealing
ACT 776 National Security Council Act 2016 1 August 2016 [PU(B) 310/2016] -
ACT 775 Traditional and Complementary Medicine Act 2016 1 August 2016 [PU(B) 325/2016] - sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 , 16, 17, 20, 42, 43, 44, 45, 46, 47, 60 and 61 and subsections 63(1) and (3) -
ACT 774 Allied Health Professions Act 2016 Not Yet In Force -
ACT 773 Finance Act 2015 The Income Tax Act 1967 [Act 53] see s 3; The Petroleum (Income Tax) Act 1967 [Act 543] see s 33; The Real Property Gains Tax Act 1976 [Act 169] see s 39; The Labuan Business Activity Tax Act 1990 [Act 445] see s 44; The Goods and Services Tax Act 2014 [Act 762] see s 47; The Promotion of Investments Act 1986 [Act 327] see s 57 -
ACT 772 Animal Welfare Act 2015 Not Yet In Force -

Amending Acts

Number Title In force from Principal/Amending Act No
ACT A1513 Civil Defence (Amendment) Act 2016 Not yet in force ACT 221
ACT A1512 Road Transport (Amendment) Act 2016 Not yet in force ACT 333
ACT A1511 Child (Amendment) Act 2016 Not Yet In Force ACT 611
ACT A1510 Dangerous Drugs (Special Preventive Measures) (Amendment) Act 2016 15 July 2016 ACT 316
ACT A1509 Legal Profession (Amendment) Act 2016 10 June 2016 ACT 166

PU(A)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(A) 220/2016 Poisons (Amendment of Poisons List) Order 2016 3 August 2016 4 August 2016 ACT 366
PU(A) 219/2016 Customs (Prohibition of Imports) (Amendment) (No. 2) Order 2016 1 August 2016 1 September 2016 PU(A) 490/2012
PU(A) 218/2016 Customs (Prohibition of Exports) (Amendment) (No. 2) Order 2016 1 August 2016 1 September 2016 PU(A) 491/2012
PU(A) 217/2016 National Skills Development (Waiver of Fee To Trainee At Montfort Youth Centre, Malacca) Regulations 2016 29 July 2016 1 August 2016 ACT 652
PU(A) 216/2016 Employees Provident Fund (Simpanan Shariah Account) Rules 2016 29 July 2016 1 August 2016 ACT 452

PU(B)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(B) 353/2016 Appointment and Revocation of Appointment of Board Officers 4 August 2016 5 August 2016 ACT 334
PU(B) 352/2016 Notice To Third Parties 4 August 2016 5 August 2016 ACT 613
PU(B) 351/2016 Notification of Values of Crude Petroleum Oil Under Section 12 3 August 2016 4 August 2016 to 17 August 2016 ACT 235
PU(B) 350/2016 Appointment of Chairman of A Division of The Industrial Court 3 August 2016 4 August 2016 ACT 177
PU(B) 349/2016 Notification and Revocation of Notification of Wholesale Fish Market 1 August 2016 2 August 2016 PU(A) 104/2010

Legislation Alert

Updated

Act/Principal No. Title Amended by In force from Section amended
PU(A) 490/2012 Customs (Prohibition of Imports) Order 2012 PU(A) 219/2016 1 September 2016 Second Schedule, Third Schedule and Fourth Schedule
PU(A) 491/2012 Customs (Prohibition of Exports) Order 2012 PU(A) 218/2016 1 September 2016 Second Schedule
ACT 366 Poisons Act 1952 (Revised 1989) PU(A) 220/2016 4 August 2016 First Schedule
PU(A) 347/2014 Price Control and Anti-Profiteering (Mechanism to Determine Unreasonably High Profit) (Net Profit Margin) Regulations 2014 PU(A) 180/2016 25 June 2016 Regulations 2 and Schedule
ACT 316 Dangerous Drugs (Special Preventive Measures) Act 1985 ACT A1510 15 July 2016 Section 1, 4, 5, 5A and 6

 

Revoked

 

Act/Principal No. Title Revoked by In force from
PU(A) 379/2012 Pensions Adjustment (Lowest Pension) Order 2012 PU(A) 188/2016 1 July 2016
PU(A) 136/2015 Highway Authority Malaysia (Incorporation) (Collection of Tolls) (East Coast Express Way-Phase 2) Order 2015 PU(A) 193/2016 15 July 2016
PU(B) 168/2013 Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 15) PU(B) 197/2016 30 April 2016
PU(B) 167/2013 Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 14) PU(B) 197/2016 30 April 2016
PU(B) 164/2013 Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 11) PU(B) 197/2016 30 April 2016