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CLJ Bulletin, Issue 2016, Vol 40
06 October 2016


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New This Week

1. Case(s) of the Week

  1. DATO' TAN CHIN WOH v. DATO' YALUMALLAI V MUTHUSAMY [2016] 8 CLJ 293

2. Latest Cases

  1. Legal Network Series

  2. CLJ 2016 Volume 8 (Part 3)

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

DATO' TAN CHIN WOH v. DATO' YALUMALLAI V MUTHUSAMY [2016] 8 CLJ 293
FEDERAL COURT, PUTRAJAYA
ARIFIN ZAKARIA CJ, ZULKEFLI AHMAD MAKINUDIN CJ (MALAYA), RICHARD MALANJUM CJ (SABAH & SARAWAK),
SURIYADI HALIM OMAR FCJ, ABU SAMAH NORDIN FCJ
[CIVIL APPEAL NO: 02(f)-43-08-2013]
28 JULY 2016

CIVIL PROCEDURE: Appeal - Libel - Appeal to Court of Appeal - Defence of qualified privilege - Powers and jurisdiction of Court of Appeal - Whether could substitute defence as pleaded with that of absolute privilege which was never pleaded by defendant - Plaintiff not availed of opportunity to submit on substituted defence - Whether Court of Appeal acted contrary to rules of natural justice - Whether occasioning miscarriage of justice - Courts of Judicature Act 1964, s. 69(4) - Rules of the Court of Appeal 1994, r. 18(2)

CIVIL PROCEDURE: Pleadings - Libel - Appeal to Court of Appeal - Defence of qualified privilege - Defence substituted by court with that of absolute privilege which was never pleaded by defendant - Whether Court of Appeal had misdirected itself - Power of appellate court to consider points not expressly taken in memorandum of appeal - Whether subject to paramount rule that parties were bound by their pleadings - Courts of Judicature Act 1964, s. 69(4) - Rules of the Court of Appeal 1994, r. 18(2)

JURISDICTION: Court of Appeal - Powers and jurisdiction - Whether could consider new points not expressly taken in memorandum of appeal - Whether exercise of power subject to overriding discretion to do justice - Whether subject to paramount rule that parties were bound by their pleadings - Courts of Judicature Act 1964, s. 69(4) - Rules of the Court of Appeal 1994, r. 18(2)


LATEST CASES

Legal Network Series

[2014] 1 LNS 1806

MUHAMMAD SYAKIR AB WAHAB lwn. TENGKU MUHAMMAD HIDYATULLAH TENGKU AMRAN & YANG LAIN

LALULINTAS JALAN: Kecuaian - Kemalangan jalan raya - Kemalangan melibatkan pejalan kaki dan motorsikal - Kanak-kanak dilanggar oleh motorsikal - Tanggungan kecuaian - Sama ada penunggang motorsikal wajar menanggung 100% liabiliti keatas kemalangan

TORT: Kecuaian - Kewajipan berjaga-jaga - Kemalangan jalan raya - Perlanggaran antara motorsikal dengan kanak-kanak - Sama ada tahap berjaga-jaga yang terletak pada seorang kanak-kanak adalah berlainan daripada seorang dewasa - Sama ada darjah berjaga-jaga yang diperlukan oleh penunggang motorsikal adalah tinggi

[2014] 1 LNS 1813

SM AB RAZAK IBRAHIM lwn. PP

UNDANG-UNDANG JENAYAH: Rasuah - Pemerolehan suapan secara rasuah - Pemerolehan rasuah oleh penjawat awam untuk menyelesaikan kes tangkapan - Sama ada intipati kesalahan di bawah s. 17(a) Akta Suruhanjaya Pencegah Rasuah 2009 telah dibuktikan - Sama ada terdapat permintaan wang oleh tertuduh untuk menyelesaikan kes tangkapan

KETERANGAN: Ekshibit - Pemutusan rantaian keterangan - Keraguan mengenai barang kes yang dirampas - Sama ada rantaian keterangan mengenai barang kes terputus apabila timbul keraguan mengenai barang kes - Sama ada percanggahan adalah material - Sama ada barang kes yang telah dikemukakan di mahkamah adalah sama dengan barang kes yang dirampas daripada pesalah

[2015] 1 LNS 592

MEGA MAYANG M & E SDN BHD v. MALGRAN RESOURCES SDN BHD

COMPANY LAW: Winding up - Procedure - Opposition by respondent as to appointment of private liquidator by petitioner - Respondent's request for adjournment of winding up hearing to file an application for extension of time to file affidavit in opposition - Respondent no objection to being wound up - Whether respondent ought to have filed affidavit in opposition at least seven days before hearing - Whether provision of r. 30 of Companies (Winding-Up) rules 1972 ('CWUR') is of a mandatory nature - Whether non-compliance of r. 30 of CWUR was fatal and would result in inadmissibility of any affidavit in opposition filed out of time

[2015] 1 LNS 653

JAMILAH JAN VASANTHEGOKELAM v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA & ANOR

ADMINISTRATIVE LAW: Judicial review - Application for - Certiorari to quash decision of National Registration Department ('NRD') in rejecting application to remove word 'Islam' from identity card ('IC') - Order for mandamus to compel NRD to issue new IC with new name and to expunge entry of word 'Islam' - Relief sought to determine status of applicant as a Muslim - Applicant's failure to provide certificate or declaration or order from Syariah Court confirming renunciation from Islam as required by NRD - Whether NRD was right in imposing a requirement that applicant who submits an application for deletion of word 'Islam' in IC must show evidence that applicant had renounced from Islam before deletion could be effected

ISLAMIC LAW: Syariah Court - Jurisdiction - Proper forum - Determination concerning act of renunciation of Islam - Whether matters concerning act of renunciation of Islam must be decided in accordance with Hukum Syarak - Whether Syariah Court was proper forum to determine issue of renunciation - Whether civil court has jurisdiction to hear and decide subject matter involving a Muslim even though applicant had declared herself to have renounced Islam

[2015] 1 LNS 654

SIMON CHOONG & ORS v. DRAGON GINSENG ENTERPRISE SDN BHD & ORS

TORT: Conspiracy - Conspiracy to injure - Employer claiming damages against distributors - Allegation of commotion created by several existing distributors to injure employer during a dinner when employer was recruiting new distributors - Intention of distributors was to seek return of their products - Whether distributors action was unlawful - Whether there was conspiracy to injure business and reputation of employer


CLJ 2016 Volume 8 (Part 3)

FEDERAL COURT

Dato' Tan Chin Woh v. Dato' Yalumallai V Muthusamy
Arifin Zakaria CJ, Zulkefli Ahmad Makinudin CJ (Malaya), Richard Malanjum CJ (Sabah & Sarawak), Suriyadi Halim Omar, Abu Samah Nordin FCJJ
(Civil Procedure; Jurisdiction - Appeal - Powers and jurisdiction of Court of Appeal - Libel - Defence of qualified privilege) [2016] 8 CLJ 293 [FC]

COURT OF APPEAL

Akay Holdings Sdn Bhd v. Arch Reinsurance Ltd
David Wong Dak Wah, Umi Kalthum Abdul Majid, Zamani A Rahim JJCA
(Contract - Agreement - Terms - Rights under charge - Whether conditional upon reference to arbitration) [2016] 8 CLJ 305 [CA]

Anuar Abu Bakar v. Samsuri Booyman
Abang Iskandar, Nallini Pathmanathan, Zamani A Rahim JJCA
(Contract - Agreement - Joint venture agreement - Validity) [2016] 8 CLJ 317 [CA]

Kerajaan Malaysia v. Ambiga Sreenevasan & Ors
Rohana Yusuf, Varghese George, Mary Lim JJCA
(Civil Procedure; Police; Tort; Statutory Interpretation, Words & Phrases - Action - Government proceedings - Peaceful assembly - Whether police acted within authority - Damages - Unlawful arrest and detention of participants - Section 6(2)(g) Peaceful Assembly Act 2012 - Section 3 Government Proceedings Act 1956) [2016] 8 CLJ 330 [CA]

Soo Cheng Lin v. Dr Kok Choong Seng & Anor And Another Appeal
David Wong Dak Wah, Umi Kalthum Abdul Majid, Hasnah Mohammed Hashim JJCA
(Tort - Negligence - Medical negligence - Claim for medical expenses paid by insurer - Vicarious liability - Treatment in private hospital - Whether hospital owed a non-delegable duty of care to claimant) [2016] 8 CLJ 368 [CA]

HIGH COURT

Hock Peng Realty Sdn Bhd v. Ting Sie Chung
Rhodzariah Bujang J
(Tort - Defamation - Absolute privilege - Whether issuance of prohibitory order gave rise to twin actions of defamation and abuse of court process) [2016] 8 CLJ 393 [HC]

Sidek Ibrahim & Satu Lagi lwn. Ibnu Asyakir Mohd Ghazali & Satu Lagi
Hassan Abdul Ghani PK
(Ganti Rugi - Kemalangan - Liabiliti - Sama ada bayaran saman satu pengakuan salah - Kuantum - Sama ada award yang diberi munasabah) [2016] 8 CLJ 406 [HC]

Tan Pooi Yee v. Ketua Pengarah Jabatan Pendaftaran Negara
S Nantha Balan J
(Civil Procedure; Constitutional Law - Declaration - Plaintiff born as woman underwent reassignment surgery - Whether medical evidence conclusively established that plaintiff was a male - Fundamental liberties - Right to life) [2016] 8 CLJ 427 [HC]

SUBJECT INDEX

CIVIL PROCEDURE

Action - Government proceedings - Peaceful assembly - Damage to police vehicles - Suit against organisers for loss suffered by Government - Whether organisers in breach of statutory duty - Whether Government had right to sue and claim for damages - Whether 'police' fell within meaning of 'person who has interests' - Whether action maintainable in law - Peaceful Assembly Act 2012, ss. 3, 4, 5 & 6(2)(g) - Government Proceedings Act 1956, ss. 3, 39
Kerajaan Malaysia v. Ambiga Sreenevasan & Ors
(Rohana Yusuf, Varghese George, Mary Lim JJCA) [2016] 8 CLJ 330 [CA]

Action - Tort - Unlawful arrest and detention - Assault by police - Claim against Government - Failure to identify tortfeasor responsible for alleged tort - No objection taken on non-compliance - Uncontroverted evidence on tortious act allowed to be adduced - Whether too late to object
Kerajaan Malaysia v. Ambiga Sreenevasan & Ors
(Rohana Yusuf, Varghese George, Mary Lim JJCA) [2016] 8 CLJ 330 [CA]

Appeal - Libel - Appeal to Court of Appeal - Defence of qualified privilege - Powers and jurisdiction of Court of Appeal - Whether could substitute defence as pleaded with that of absolute privilege which was never pleaded by defendant - Plaintiff not availed of opportunity to submit on substituted defence - Whether Court of Appeal acted contrary to rules of natural justice - Whether occasioning miscarriage of justice - Courts of Judicature Act 1964, s. 69(4) - Rules of the Court of Appeal 1994, r. 18(2)
Dato' Tan Chin Woh v. Dato' Yalumallai V Muthusamy
(Arifin Zakaria CJ, Zulkefli Ahmad Makinudin CJ (Malaya), Richard Malanjum CJ (Sabah & Sarawak), Suriyadi Halim Omar, Abu Samah Nordin FCJJ) [2016] 8 CLJ 293 [FC]

Declaration - Application for - Plaintiff born as woman underwent reassignment surgery - Whether medical evidence conclusively established that plaintiff was a male - Whether chromosomal requirement a criteria for determination of gender - Whether plaintiff satisfied threshold to be legally recognised as male person - Whether plaintiff's constitutional right to be accorded gender status medically determined - Federal Constitution, art. 5(1)
Tan Pooi Yee v. Ketua Pengarah Jabatan Pendaftaran Negara
(S Nantha Balan J) [2016] 8 CLJ 427 [HC]

Pleadings - Libel - Appeal to Court of Appeal - Defence of qualified privilege - Defence substituted by court with that of absolute privilege which was never pleaded by defendant - Whether Court of Appeal had misdirected itself - Power of appellate court to consider points not expressly taken in memorandum of appeal - Whether subject to paramount rule that parties were bound by their pleadings - Courts of Judicature Act 1964, s. 69(4) - Rules of the Court of Appeal 1994, r. 18(2)
Dato' Tan Chin Woh v. Dato' Yalumallai V Muthusamy
(Arifin Zakaria CJ, Zulkefli Ahmad Makinudin CJ (Malaya), Richard Malanjum CJ (Sabah & Sarawak), Suriyadi Halim Omar, Abu Samah Nordin FCJJ) [2016] 8 CLJ 293 [FC]

CONSTITUTIONAL LAW

Fundamental liberties - Right to life - Plaintiff born as woman underwent reassignment surgery - Whether medical evidence conclusively established that plaintiff was a male - Whether right to life encompassed plaintiff's right to live with dignity as male - Whether to be legally accorded judicial recognition as male - Federal Constitution, art. 5(1)
Tan Pooi Yee v. Ketua Pengarah Jabatan Pendaftaran Negara
(S Nantha Balan J) [2016] 8 CLJ [2016] 8 CLJ 427 [HC]

CONTRACT

Agreement - Joint venture agreement - Validity - Whether defendant as administrator and legal representative of estate has capacity to enter into agreement - Whether consent of other beneficiaries of estate obtained - Plaintiff complied with all terms stipulated in agreement - Whether defendant benefited from efforts made by plaintiff - Doctrine of estoppel - Whether applicable - Whether defendant obligated to transfer titles to plaintiff - Whether parties bound by terms of agreement - Contracts Act 1950, s. 38
Anuar Abu Bakar v. Samsuri Booyman
(Abang Iskandar, Nallini Pathmanathan, Zamani A Rahim JJCA) [2016] 8 CLJ 317 [CA]

Agreement - Terms - Subscription agreement and bond conditions secured by charge of lease - Default in repayment - Whether respondent entitled to exercise right under charge - Whether conditional upon reference to arbitration - Whether 'dispute' pursuant to agreements established - Whether terms breached - Whether action premature - Arbitration Act 2005, s. 10
Akay Holdings Sdn Bhd v. Arch Reinsurance Ltd
(David Wong Dak Wah, Umi Kalthum Abdul Majid, Zamani A Rahim JJCA) [2016] 8 CLJ 305 [CA]

JURISDICTION

Court of Appeal - Powers and jurisdiction - Whether could consider new points not expressly taken in memorandum of appeal - Whether exercise of power subject to overriding discretion to do justice - Whether subject to paramount rule that parties were bound by their pleadings - Courts of Judicature Act 1964, s. 69(4) - Rules of the Court of Appeal 1994, r. 18(2)
Dato' Tan Chin Woh v. Dato' Yalumallai V Muthusamy
(Arifin Zakaria CJ, Zulkefli Ahmad Makinudin CJ (Malaya), Richard Malanjum CJ (Sabah & Sarawak), Suriyadi Halim Omar, Abu Samah Nordin FCJJ) [2016] 8 CLJ 293 [FC]

POLICE

Arrest - Peaceful assembly - Arrest and detention of participants - Assault - Whether arrest unlawful - Whether police acted within authority - Whether facts and circumstances of case warranted police interference - Claimant suffered injuries whilst under police custody - Whether subjected to inhumane beatings and assault - Aggravated damages - Criminal Procedure Code, s. 23
Kerajaan Malaysia v. Ambiga Sreenevasan & Ors
(Rohana Yusuf, Varghese George, Mary Lim JJCA) [2016] 8 CLJ 330 [CA]

STATUTORY INTERPRETATION

Construction of statutes - Government proceedings - Suit against organisers of peaceful assembly - Government incurred loss due to conduct of assembly - Whether Peaceful Assembly Act 2012 conferred right on Government to sue and claim for damages - Section 3 Government Proceedings Act 1956 - Whether to be read subject to s. 39
Kerajaan Malaysia v. Ambiga Sreenevasan & Ors
(Rohana Yusuf, Varghese George, Mary Lim JJCA) [2016] 8 CLJ 330 [CA]

Construction of statutes - Section 6(2)(g) Peaceful Assembly Act 2012 - Organisers of peaceful assembly - Whether under duty to ensure that assembly would not cause damage to property - Responsibilities provided under Act - Whether legally binding on organisers
Kerajaan Malaysia v. Ambiga Sreenevasan & Ors
(Rohana Yusuf, Varghese George, Mary Lim JJCA) [2016] 8 CLJ 330 [CA]

TORT

Damages - Unlawful arrest and detention - Assault by police - Peaceful assembly - Whether police authorised to arrest and detain a person for purpose of preserving peace and tranquility - Whether police acted within authority - Whether arrest lawful - Claimant suffered injuries whilst under police custody - Whether subjected to inhumane beatings and assault - Aggravated damages - Criminal Procedure Code, s. 23
Kerajaan Malaysia v. Ambiga Sreenevasan & Ors
(Rohana Yusuf, Varghese George, Mary Lim JJCA) [2016] 8 CLJ 330 [CA]

Defamation - Absolute privilege - Land developer and landowner entered into agreement to develop land - Payment advanced by land developer to discharge charge on land but landowner defaulted in repayment - Land developer lodged caveats against several units of houses that landowner was entitled to - Caveats removed and landowner ordered to pay damages for wrongful lodgement - Parties entered into consent order that assessment of damages should proceed but payment of amount assessed should be stayed - Landowner obtained prohibitory order against parcels of lands - Whether prohibitory order obtained in good faith - Whether issuance of prohibitory order gave rise to twin actions of defamation and abuse of court process
Hock Peng Realty Sdn Bhd v. Ting Sie Chung
(Rhodzariah Bujang J) [2016] 8 CLJ 393 [HC]

Negligence - Medical negligence - Surgical procedure - Treatment in private hospital - Claim for medical expenses paid by insurer - Whether payment made by insurer under contract of insurance - Whether contractual agreement between claimant and insurance company independent of negligent medical act - Whether unjust enrichment - Whether claimant entitled to claim - Civil Law Act 1956, s. 28A(1)(a)
Soo Cheng Lin v. Dr Kok Choong Seng & Anor And Another Appeal
(David Wong Dak Wah, Umi Kalthum Abdul Majid, Hasnah Mohammed Hashim JJCA) [2016] 8 CLJ 368 [CA]

Negligence - Vicarious liability - Medical negligence - Surgical procedure - Treatment in private hospital - Whether claimant a patient dependent on protection of hospital against risk of injury - Whether hospital owed a non-delegable duty of care to claimant
Soo Cheng Lin v. Dr Kok Choong Seng & Anor And Another Appeal
(David Wong Dak Wah, Umi Kalthum Abdul Majid, Hasnah Mohammed Hashim JJCA) [2016] 8 CLJ 368 [CA]

WORDS & PHRASES

'ensure' - Peaceful Assembly Act 2012, s. 6(2)(g) - Meaning - Whether connoting imperative obligation - Whether only indicating preference
Kerajaan Malaysia v. Ambiga Sreenevasan & Ors
(Rohana Yusuf, Varghese George, Mary Lim JJCA) [2016] 8 CLJ 330 [CA]

INDEKS PERKARA

GANTI RUGI

Kemalangan - Kuantum - Rayuan - Penunggang motosikal cedera di kepala akibat dilanggar motokar - Sama ada kecederaan berlaku akibat kegagalan penunggang motosikal memakai topi keledar - Sama ada award yang diberi munasabah - Sama ada hakim mempertimbangkan semua keterangan dalam memberi award
Sidek Ibrahim & Satu Lagi lwn. Ibnu Asyakir Mohd Ghazali & Satu Lagi
(Hassan Abdul Ghani PK) [2016] 8 CLJ 406 [HC]

Kemalangan - Liabiliti - Versi berbeza antara pihak-pihak - Kedudukan kenderaan pihak-pihak - Keadaan tempat kejadian dan kerosakan pada kenderaan pihak-pihak - Versi yang lebih berkemungkinan - Sama ada bayaran saman satu pengakuan salah - Sama ada bayaran saman satu keterangan konklusif bagi menentukan darjah kecuaian - Darjah kecuaian pihak-pihak
Sidek Ibrahim & Satu Lagi lwn. Ibnu Asyakir Mohd Ghazali & Satu Lagi
(Hassan Abdul Ghani PK) [2016] 8 CLJ 406 [HC]


ARTICLES

LNS Article(s)

  1. A RE-LOOK AT THE LAWS ON RETRENCHMENT* [Read excerpt]
    by: WONG KIAN JUN [2016] 1 LNS(A) lxxxiii

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

    A RE-LOOK AT THE LAWS ON RETRENCHMENT*
    by
    WONG KIAN JUN

    IN THIS ARTICLE, WONG KIAN JUN CONSIDERS THE LAWS OF RETRENCHMENT IN MALAYSIA.

    Introduction

    During uncertain times and shrinking profits, organisations may decide to reorganise their business structure in order to create a leaner workforce thereby reducing their operating costs to weather the impact of a slowing economy. Inevitably, the reorganisation would result in the retrenchment of its employees who are considered surplus to the needs of the organisation. With news of retrenchment exercises carried out in the financial, manufacturing and airline industries, we think it useful to restate the current position of the law in relation to retrenchment.

    The right to reorganise the business left unquestioned

    In a claim of unfair dismissal at the Industrial Court, the first hurdle the employer would need to overcome would be to show the basis of the reorganisation which led to the retrenchment exercise. Many reasons have been put forward and accepted by the Industrial Court such as losses, reduced profits, mechanisation, partial or full closure of business, outsourcing and many more, as a reason for the reorganisation. The fundamental principle that remains is that the law recognises the employer's right to reorganise the business in the way that it considers best as long as it is done in a bona fide manner.

    . . .

    * Published with kind permission of M/s Shearn Delamore & Co.


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  3. CAUSATION, REMOTENESS, SCOPE OF DUTY AND THE RUBENSTEIN DECISION* [Read excerpt]
    by: LOW KEE YANG** [2016] 1 LNS(A) lxxxiv

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

    CAUSATION, REMOTENESS, SCOPE OF DUTY AND THE RUBENSTEIN DECISION*
    by
    LOW KEE YANG**

    Introduction

    Oftentimes, based on the facts of a case, what justice requires is reasonably clear; yet, when the clever arguments of the defendant's lawyers have to be dealt with, the Judge faces difficult, even insurmountable obstacles as he seeks the legal justification for the result which he knows (or feels) is the correct one. Rubenstein v. HSBC[1] is such a case.

    The Rubenstein judgment is not easy to digest, for several reasons. First, the claims traversed statutory duty, tort of negligence and contract and, along with that, the perennial vexed question of whether different paths should lead to the same result. Second, the core of the decision involves related arguments and issues of causation, remoteness, foreseeability and scope of duty. Third, the reader would have been much assisted if the appeal Judge had been more systematic by segregating the discussion of the law from its application to the facts.

    Facts

    The facts of the case are quite straightforward. Rubenstein ("R") and his wife had sold their home and were waiting to buy another and, in the meantime, wanted to put the money (£1.25m) into a safe investment with a better yield than a fixed deposit. The time frame for the investment was a year.[2]

    . . .

    * This article was originally published in the (February/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.

    ** Associate Professor of Law, Singapore Management University. (In writing this case comment, I benefitted from discussions with Professor George Wei and Nicholas Liu, for which I am grateful. Deficiencies and errors are mine alone.)


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LEGISLATION HIGHLIGHTS

Principal Acts

Number Title In force from Repealing
ACT 782 Forest Research Institute Malaysia Act 2016 1 October 2016 -
ACT 781 Redemptorist Fathers (Incorporation) Act 1962 (Revised 2016) 15 September 2016 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 1 September 2016; First enacted in 1962 as Act of Parliament No 16 of 1962 -
ACT 780 Bernama Act 1967 (Revised 2016) 15 September 2016 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 1 September 2016; First enacted in 1967 as Act of Parliament No 19 of 1967; First Revision - 1990 (Act 449 wef 26 October 1990) -
ACT 779 Legislature of Sarawak (Application of Monies Borrowed From The Federation) Act 1968 (Revised 2016) 15 September 2016 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 1 September 2016; First enacted in 1968 as Act of Parliament No 16 of 1968 -
ACT 778 Interest Schemes Act 2016 Not Yet In Force -

Amending Acts

Number Title In force from Principal/Amending Act No
ACT A1518 Strata Titles (Amendment) Act 2016 Not Yet In Force ACT 318
ACT A1517 Land Acquisition (Amendment) Act 2016 Not Yet In Force ACT 486
ACT A1516 National Land Code (Amendment) Act 2016 Not Yet In Force ACT 56/1965
ACT A1515 Gas Supply (Amendment) Act 2016 Not Yet In Force ACT 501
ACT A1514 National Anti-Drugs Agency (Amendment) Act 2016 18 August 2016 ACT 638

PU(A)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(A) 240/2016 Employment (Exemption) Order 2016 19 September 2016 1 September 2015 ACT 265
PU(A) 239/2016 Customs (Anti-Dumping Duties) (Administrative Review) Order 2016 14 September 2016 14 September 2016 to 29 March 2019 ACT 504; ACT 235
PU(A) 238/2016 Road Transport (Prohibition of Use of Road) (City of Kuala Lumpur) (No. 3) Order 2016 9 September 2016 15 September 2016 ACT 333
PU(A) 237/2016 Civil Aviation (Amendment) Regulations 2016 9 September 2016 12 September 2016 PU(A) 97/2016
PU(A) 236/2016 Communications and Multimedia (Numbering) Regulations 2016 9 September 2016 10 September 2016 ACT 588

PU(B)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(B) 410/2016 Notice of Proposed Recommendations For The Federal and State Constituencies In The States of Malaya As Reviewed By The Election Commission In 2016 15 September 2016 16 September 2016 ACT 000
PU(B) 409/2016 Prescription Under Section 6 15 September 2016 16 September 2016 ACT 32
PU(B) 408/2016 Prescription Under Section 6 15 September 2016 16 September 2016 ACT 32
PU(B) 407/2016 Notification of Values of Crude Petroleum Oil Under Section 12 13 September 2016 15 September 2016 to 28 September 2016 ACT 235
PU(B) 406/2016 Notification of Symbol and Representation of The Energy Commission 9 September 2016 10 September 2016 ACT 610

Legislation Alert

Updated

Act/Principal No. Title Amended by In force from Section amended
PU(A) 97/2016 Civil Aviation Regulations 2016 PU(A) 237/2016 12 September 2016 Regulations 2, 8, 35, 57A, 60A, 99, 157, 165 and 183; Part XXVI; Third Schedule
PU(A) 482/2012 Capital Markets and Services (Capital Market Compensation Fund) (Contribution) Regulations 2012 PU(A) 235/2016 7 September 2016 Schedule 1
PU(A) 93/2014 Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (Declaration of Specified Entities and Reporting Requirements) Order 2014 PU(A) 234/2016 6 September 2016 First Schedule
PU(A) 437/2010 Capital Markets and Services (Dispute Resolution) Regulations 2010 PU(A) 233/2016 5 September 2016 Regulations 2, 3, 4, 5, 6, 7, 8, 9, 10, 13A, 14 and 15; Schedule 2
PU(A) 184/2013 Ministers of the Federal Government (No. 2) Order 2013 PU(A) 228/2016 28 June 2016 Schedule

 

Revoked

 

Act/Principal No. Title Revoked by In force from
PU(B) 99/2014 Notice of Affirmative Final Determination of An Anti-Dumping Duty Investigation With Respect to Imports of Cellulose Fibre Reinforced Cement Flat and Pattern Sheets Originating Or Exported From the Kingdom of Thailand PU(B) 401/2016 8 September 2016
PU(B) 538/2010 Malaysian Code on Take-Overs and Mergers 2010 PU(B) 356/2016 15 August 2016
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