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CLJ Bulletin, Issue 2016, Vol 41
13 October 2016


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New This Week

1. Case(s) of the Week

  1. YEOH OON THEAM v. PP [2016] 8 CLJ 475

2. Latest Cases

  1. Legal Network Series

  2. CLJ 2016 Volume 8 (Part 4)

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

YEOH OON THEAM v. PP [2016] 8 CLJ 475
COURT OF APPEAL, PUTRAJAYA
TENGKU MAIMUN TUAN MAT JCA, VERNON ONG LAM KIAT JCA, AB KARIM AB JALIL JCA
[CRIMINAL APPEAL NO: P-09-163-05-2015]
28 MARCH 2016

CRIMINAL LAW: Penal Code - Section 199 - False statements made in declaration receivable as evidence - Making false statements in petition and statutory declaration - Whether prima facie case established by prosecution - Whether charges sustainable

EVIDENCE: Statutory declaration - False statements - Penal Code, s. 199 - Making false statements in petition and statutory declaration - Whether statutory declaration met requirements set by Statutory Declarations Act 1960, ss. 2 & 3


LATEST CASES

Legal Network Series

[2014] 1 LNS 1814

MALAYAN BANKING BERHAD lwn. GERFLOR-ZIL FLOORING (M) SDN BHD

UNDANG-UNDANG TANAH: Kaveat - Permohonan untuk - Lanjutan tempoh masa kaveat - Lanjutan tempoh masa kaveat sehingga daftar gadaian tanah oleh peminjam atas nama bank selesai - Sama ada bank mempunyai kepentingan berkaveat keatas tanah

UNDANG-UNDANG TANAH: Gadaian - Pendaftaran - Pendaftaran gadaian atas nama bank sebagai sekuriti kemudahan perbankan yang telah diberikan - Tanggungjawab peminjam untuk mendaftarkan gadaian undang-undang atas nama bank selepas pengeluaran hak milik individu keatas tanah - Kemudahan perbankan telah diberikan sebelum perlaksanaan dokumen sekuriti disempurnakan - Sama ada peminjam masih berhutang kepada bank dan bertanggungjawab untuk mendaftarkan gadaian undang-undang atas nama bank

[2014] 1 LNS 1815

PP lwn. PRABAKARAN RAMAYAH

UNDANG-UNDANG JENAYAH: Dadah berbahaya - Pengedaran - Pertuduhan dibawah s. 39B(1)(a) Akta Dadah Berbahaya 1952 ('ADB') - Dadah dijumpai di dalam kereta - Sama ada intipati kesalahan dibawah s. 39B(1)(a) ADB telah dibuktikan - Sama ada milikan eksklusif atas dadah telah dibuktikan - Sama ada anggapan dibawah s. 37(da) ADB terpakai - Sama ada pengetahuan berkenaan dadah semata-mata mencukupi untuk membuktikan milikan

KETERANGAN: Dengar cakap - Kenyataan yang dibuat oleh seseorang yang tidak dipanggil sebagai saksi - Pengemukaan kenyataan dibawah s. 112 Kanun Prosedur Jenayah ('KPJ') - Saksi gagal dikesan - Sama ada percakapan saksi yang dibuat dibawah s. 112 KPJ boleh dikemukakan melalui pemakaian s. 32(1) Akta Keterangan 1950 - Sama ada pendakwaan telah membuktikan usaha untuk mengesan saksi untuk menghadiri perbicaraan - Sama ada pengiklanan yang dibuat di dalam akhbar tempatan semata-mata memadai untuk membuktikan usaha mengesan saksi

[2015] 1 LNS 655

BANK PERTANIAN MALAYSIA BERHAD v. PSK VEGA SDN BHD & ORS

BANKING: Banks and banking business - Recovery action - Recovery of amount due and owing under banking facility - Recovery of amount disbursed - Action against principal debtor and guarantors - Islamic banking - Al-Bai Bithaman Ajil facility - Facility not fully disbursed and subsequently recalled - Breach of conditions precedent and terms of banking facility by borrower - Breach of warranties given to bank - Representations by borrower discovered to be untrue and inaccurate - Funds utilized for different purposes - Whether banking facility was lawfully terminated - Whether there was breach of conditions precedent and other terms of facility - Whether it was justified for bank to withhold or suspend further disbursement

BANKING: Banks and banking business - Recovery action - Recovery of amount due and owing under banking facility - Action against principal debtor and guarantors - Failure to challenge amount due as stated in statement of account issued - Whether certificate tendered by bank was final and conclusive evidence of indebtedness - Whether amount stated in statement of account deemed to be proven and accepted

BANKING: Banker and customer - Action by customer against banker - Claim for specific performance of banking facility terminated by bank - Claim for disbursement of remaining sum under banking facility and damages for loss suffered - Facility not fully disbursed and subsequently recalled by bank - Breach of conditions precedent and terms of banking facility by borrower - Application for restructuring of facility at borrower's request - Whether there was culpable delay by bank in dealing with application for restructuring of facility - Whether there was any contract subsisting between bank and borrower which was capable of specific performance

[2015] 1 LNS 1017

NGV TECH SDN BHD & ANOR v. RAMSSTECH LTD & ORS

BANKING: Banks and banking business - Loan secured by charges - Floating charge - Crystallization - Automatic crystallization clause in debenture - Ship subject matter of charge - Whether insertion of automatic crystallization clauses in debenture by financial institutions was contrary to public policy

COMPANY LAW: Debenture - Registration - Conclusive evidence - Issuance of Form 40 by SSM - Whether issuance of Form 40 by SSM shall be conclusive evidence of compliance of requirement for a registration of debentures - Companies Act 1956, s. 111(2)

COMPANY LAW: Debenture - Construction - Proper interpretation of debenture - Whether meaning and effect of a 'charge', 'fixed charge' and 'floating charge' as provided in a particular debenture was a question of construction of debenture in question - Whether interpretation of debenture depended on ordinary meaning of actual words used in debenture - Whether label given by parties per se may be conclusive - Whether factual matrix at time of creation of debenture may be considered in construing debenture - Whether conduct of parties at time of creation of debenture and nature and scope of business conducted by parties at time of execution of debenture relevant - Whether it was proper to construe debentures merely on basis of existence or non-existence of fixed charge or floating charge

COMPANY LAW: Debenture - Construction - Creation of charge - Security for repayment of credit facility - Ship subject matter of charge - Ship came into existence after execution of debenture - Whether company had created a charge in bank's favour over all assets of company at time of execution of debenture and in respect of assets which may be acquired by company in future - Whether ship fell within ambit of charge created by debenture even though ship was only completed after execution of debenture - Whether debenture created fixed charge or floating charge over ship

COMPANY LAW: Charges - Floating charge - Crystallization - Validity of automatic crystallization clause in debenture - Effect of crystallization of a floating charge - Whether automatic crystallization clauses in debentures lawful and necessary - Whether crystallization of a floating charge creates a new charge

COMPANY LAW: Charges - Fixed charge - Ship was subject to a fixed charge in bank's favour - Ship was disposed of by borrower without notice to bank - Whether any party could lawfully obtain title or interest in ship without paying debtor's secured debt due to bank

COMPANY LAW: Charges - Priority - Ship subject matter of charge - Ship existed after execution of debenture - Availability of automatic crystallization of charge clause - Bank's failure to register debenture with Registrar of Malaysian Ships - Whether Bank's failure to register debentures could postpone bank's priority to ship - Whether equitable doctrine could apply to resolve priority issue - Whether ship became subject to a fixed charge in favour of bank upon automatic crystallization of floating charge - Whether bank had priority over ship

COMPANY LAW: Winding up - Disposition of property - Validity of disposition of property by wound up company - Disposition of ship which was subject matter of a charge in debenture - Disposition of ship after registration of ship with Registrar of Malaysian Ships and after automatic crystallization of charge had been triggered - Disposition of ship without notice to bank - Disposition of property after receiver and manager appointed - Whether disposition of property by wound up company benefited general body of creditors of company - Whether disposition of property by a wound up company could be validated - Whether there was bona fide purchaser for value

[2015] 1 LNS 1099

CHITRA DANAPALAN v. AUGUSTINE CHARLES RETNASINGAM

FAMILY LAW: Matrimonial property - Delay in transfer of property - Court of Appeal ordered husband to transfer property to wife subject to encumbrances to bank - Husband proceeded to further encumber property with additional financing without giving notice to wife - Whether husband had done everything necessary to effect transfer of property to wife promptly - Whether husband ought to reimburse wife for his portion of additional loan taken

FAMILY LAW: Maintenance - Wife - Recovery of arrears of maintenance - Maintenance outstanding for more than three years - Husband relied on limitation set by s. 86(3) of Law Reform (Marriage and Divorce Act) 1976 ('LRA') - Whether bar to claiming for more than three years as set out in s. 86(3) was in relation to institution of suit - Whether action for recovery of maintenance considered as filing of a suit

FAMILY LAW: Maintenance - Wife - Assessment - Factors to be considered in determining husband's net income - Custody of children given to husband - Whether children's reasonable education fees ought to be excluded - Whether rental income to be taken into account in determining husband's net income

FAMILY LAW: Maintenance - Variation - Application by husband to cease payment of maintenance to wife - Material change in circumstances - Husband retired from employment - Wife started her own business - Whether retirement could be a material change in circumstances - Whether there was sufficient material change in circumstances


CLJ 2016 Volume 8 (Part 4)

COURT OF APPEAL

Nestra Plantations Sdn Bhd v. Fadzillah Abd Rahman & Ors
Abang Iskandar, Varghese George, Nallini Pathmanathan JJCA
(Company Law - Winding up - Change of legal firm representing wound up company - Whether subsequent legal firm obtained sanction of official receiver) [2016] 8 CLJ 453 [CA]

Pembinaan Kota Laksamana (Melaka) Sdn Bhd & Anor v. Damansara Realty Bhd
Aziah Ali FCJ, Mohd Hishamudin Yunus, Lim Yee Lan JJCA
(Civil Procedure; Damages - Interim injunction restraining dealings with property - Undertaking to pay damages caused by grant of injunction) [2016] 8 CLJ 462 [CA]

Yeoh Oon Theam v. PP
Tengku Maimun Tuan Mat, Vernon Ong Lam Kiat, Ab Karim Ab Jalil JJCA
(Criminal Law; Evidence - Penal Code, s. 199 - Making false statements in petition and statutory declaration) [2016] 8 CLJ 475 [CA]

HIGH COURT

Abdul Kashab Hj Hanafi v. Hong Leong Bank Bhd
Mohd Nazlan Ghazali JC
(Hire Purchase - Breach of agreement - Default in payment) [2016] 8 CLJ 487 [HC]

Idaman Pelita Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
Wong Kian Kheong JC
(Revenue Law; Statutory Interpretation - Income tax - Whether High Court can only hear appeal on question of law by way of case stated) [2016] 8 CLJ 503 [HC]

Kuan Chee Jon & Ors v. SSF Construction Sdn Bhd
Hayatul Akmal Abdul Aziz JC
(Contract; Moneylenders - Parties entered into sale and purchase agreement to contra settlement for loan agreement - Whether security for friendly loan cloaked as SPA) [2016] 8 CLJ 521 [HC]

Megat Ajib Abd Hamid & Yang Lain lwn. Quek Han Tiong
Abdul Wahab Mohamed PK
(Prosedur Sivil - Penzahiran - Permohonan - Sama ada pramatang) [2016] 8 CLJ 536 [HC]

OG Marine Sdn Bhd & Anor v. Glenmarie Cove Development Sdn Bhd
Azizah Nawawi J
(Maritime Law; Shipping; Courts - Claims - Damages - Barge collision - Negligence) [2016] 8 CLJ 550 [HC]

Sidambaram Torosamy v. Lok Bee Yeong (As Administrator Of The Estate Of Soma Sundaram Doraiswamy, Deceased)
Chan Jit Li JC
(Land Law - Power of Attorney - Validity of - Non-payment of loans) [2016] 8 CLJ 559 [HC]

Tan Hock Leng v. RHB Bank Bhd
Collin Lawrence Sequerah JC
(Banking; Tort - Banker and customer - Duty of care - Breach of duty - Duty as reasonably skilled banker - Responsibility for ensuring accurate information reported to Bank Negara Malaysia) [2016] 8 CLJ 577 [HC]

SUBJECT INDEX

BANKING

Banker and customer - Duty of care - Breach of duty - Duty as reasonably skilled banker - Responsibility for ensuring accurate information reported to Bank Negara Malaysia - Automated reporting of customer's account as 'Account Under Special Attention' due to system error - Whether bank breached duty of care - Whether bank could rely on exemption clause to negate liability
Tan Hock Leng v. RHB Bank Bhd
(Collin Lawrence Sequerah JC) [2016] 8 CLJ 577 [HC]

CIVIL PROCEDURE

Injunction - Interim injunction restraining dealings with property - Undertaking to pay damages caused by grant of injunction - Application to Senior Assistant Registrar ('SAR') to enforce undertaking after injunction dissolved - Quantum of damages - Whether there was admissible evidence adduced to prove losses suffered - Whether legal and evidential burden discharged - Whether SAR applied correct principles on assessment of damages in awarding damages
Pembinaan Kota Laksamana (Melaka) Sdn Bhd & Anor v. Damansara Realty Bhd
(Aziah Ali FCJ, Mohd Hishamudin Yunus, Lim Yee Lan JJCA) [2016] 8 CLJ 462 [CA]

COMPANY LAW

Winding up - Suit by company - Change of legal firm representing wound up company - Whether subsequent legal firm obtained sanction of official receiver - Whether subsequent legal firm had authority to act for company - Whether consent order obtained by subsequent legal firm without sanction of official receiver - Whether a nullity and ought to be set aside
Nestra Plantations Sdn Bhd v. Fadzillah Abd Rahman & Ors
(Abang Iskandar, Varghese George, Nallini Pathmanathan JJCA) [2016] 8 CLJ 453 [CA]

CONTRACT

Agreement - Loan agreement - Parties entered into sale and purchase agreement ('SPA') to contra settlement for loan agreement - Whether SPA collateral and existed side by side with loan agreement - Whether SPA security for loan agreement - Whether indication of moneylending transaction - Allegation that loan agreement was not signed and not finalised - Whether unsigned loan agreement binding on parties - Whether agreements legal and enforceable - Whether there was unjust enrichment in claim for damages
Kuan Chee Jon & Ors v. SSF Construction Sdn Bhd
(Hayatul Akmal Abdul Aziz JC) [2016] 8 CLJ 521 [HC]

COURTS

Transfer of suit - Application for - Claim for damages due to negligence - Application to transfer suit to admiralty court - Whether claim for damages fell within s. 20(2)(e) of Supreme Court Act 1981 & Practice Direction No 1 of 2012 - Whether seeking damages in sum of RM735,813.12 within jurisdiction of Sessions Court - Whether cases filed in admiralty court involve actions in rem - Defence of limitation under s. 360 of Merchant Shipping Ordinance 1952 - Whether applicable - Whether case should be transferred to admiralty court
OG Marine Sdn Bhd & Anor v. Glenmarie Cove Development Sdn Bhd
(Azizah Nawawi J) [2016] 8 CLJ 550 [HC]

CRIMINAL LAW

Penal Code - Section 199 - False statements made in declaration receivable as evidence - Making false statements in petition and statutory declaration - Whether prima facie case established by prosecution - Whether charges sustainable
Yeoh Oon Theam v. PP
(Tengku Maimun Tuan Mat, Vernon Ong Lam Kiat, Ab Karim Ab Jalil JJCA) [2016] 8 CLJ 475 [CA]

DAMAGES

Assessment - Appeal - Appeal against decision of Senior Assistant Registrar ('SAR') - Interim injunction restraining dealings with property - Undertaking to pay damages caused by grant of injunction - Application to Senior Assistant Registrar ('SAR') to enforce undertaking after injunction dissolved - Quantum of damages - Whether losses suffered proved - Whether legal and evidential burden discharged - Whether SAR applied correct principles on assessment of damages in awarding damages
Pembinaan Kota Laksamana (Melaka) Sdn Bhd & Anor v. Damansara Realty Bhd
(Aziah Ali FCJ, Mohd Hishamudin Yunus, Lim Yee Lan JJCA) [2016] 8 CLJ 462 [CA]

EVIDENCE

Statutory declaration - False statements - Penal Code, s. 199 - Making false statements in petition and statutory declaration - Whether statutory declaration met requirements set by Statutory Declarations Act 1960, ss. 2 & 3
Yeoh Oon Theam v. PP
(Tengku Maimun Tuan Mat, Vernon Ong Lam Kiat, Ab Karim Ab Jalil JJCA) [2016] 8 CLJ 475 [CA]

HIRE PURCHASE

Breach of agreement - Default in payment - Repossession of vehicle - Hirer voluntarily returned car to bank prior to repossession by bank - Valuation on estimated value of car - Car eventually auctioned and sold at lower price - Demand for shortfall payment - Summary judgment application allowed by Sessions Court - Appeal against - Whether bank failed to sell car at higher price - Whether there was tampering during inspection and valuation of car - Whether demand by bank as provided in certificate of indebtedness valid - Whether hirer duly served with requisite notices - Whether triable issues arose - Whether Sessions Court Judge rightly granted summary judgment
Abdul Kashab Hj Hanafi v. Hong Leong Bank Bhd
(Mohd Nazlan Ghazali JC) [2016] 8 CLJ 487 [HC]

LAND LAW

Power of Attorney - Validity of - Non-payment of loans - Deceased granted power of attorney to sell property (bungalow) and secure proceeds of sale as repayment of loans to plaintiff - Property subsequently sold by deceased - Proceeds from sale used to purchase another property (house) - Whether deceased committed fraud in selling bungalow - Whether power of attorney granted revocable - Whether s. 5 of Powers of Attorney Act 1949 must be complied to revoke power of attorney - Whether power of attorney could be impliedly revoked
Sidambaram Torosamy v. Lok Bee Yeong (As Administrator Of The Estate Of Soma Sundaram Doraiswamy, Deceased)
(Chan Jit Li JC) [2016] 8 CLJ 559 [HC]

MARITIME LAW

Jurisdiction - Claims - Damages - Barge collision - Negligence - Application to transfer suit to admiralty court - Whether claim for damages fell within s. 20(2)(e) of Supreme Court Act 1981 & Practice Direction No 1 of 2012 - Whether seeking damages in sum of RM735,813.12 within jurisdiction of Sessions Court - Whether cases filed in admiralty court involve actions in rem - Defence of limitation under s. 360 of Merchant Shipping Ordinance 1952 - Whether applicable - Whether case should be transferred to admiralty court
OG Marine Sdn Bhd & Anor v. Glenmarie Cove Development Sdn Bhd
(Azizah Nawawi J) [2016] 8 CLJ 550 [HC]

MONEYLENDERS

Unlicensed moneylender - Unenforceable contract - Parties entered into sale and purchase agreement ('SPA') to contra settlement for loan agreement - Whether SPA collateral and existed side by side with loan agreement - Whether SPA indication of moneylending transaction - Whether SPA legal and enforceable - Whether security for friendly loan cloaked as SPA
Kuan Chee Jon & Ors v. SSF Construction Sdn Bhd
(Hayatul Akmal Abdul Aziz JC) [2016] 8 CLJ 521 [HC]

REVENUE LAW

Income tax - Case stated - Application to require Special Commissioners of Income Tax ('SCIT') to find further facts and to state supplementary case - Whether SCIT broadly covered area to be dealt with - Whether court could exercise discretion - Income Tax Act 1967, Sch. 5 para. 40(b)
Idaman Pelita Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
(Wong Kian Kheong JC) [2016] 8 CLJ 503 [HC]

Income tax - Special Commissioners of Income Tax ('SCIT') - Production of notes of evidence of appeal to SCIT - Whether High Court can only hear appeal on question of law by way of case stated - Order to produce notes of evidence not expressly prayed for - Whether High Court has discretionary power to order production of notes of evidence - Whether order wholly exceptional and sui generis - Income Tax Act 1967, s. 102(4), Sch. 5 paras. 34 & 39(c)
Idaman Pelita Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
(Wong Kian Kheong JC) [2016] 8 CLJ 503 [HC]

SHIPPING

Jurisdiction - Admiralty jurisdiction - Claim for damages due to negligence - Application to transfer suit to admiralty court - Whether claim for damages fell within s. 20(2)(e) of Supreme Court Act 1981 & Practice Direction No 1 of 2012 - Whether seeking damages in sum of RM735,813.12 within jurisdiction of Sessions Court - Whether cases filed in admiralty court involve actions in rem - Defence of limitation under s. 360 of Merchant Shipping Ordinance 1952 - Whether applicable - Whether case should be transferred to admiralty court
OG Marine Sdn Bhd & Anor v. Glenmarie Cove Development Sdn Bhd
(Azizah Nawawi J) [2016] 8 CLJ 550 [HC]

STATUTORY INTERPRETATON

Canon of construction - Generalia specialibus non derogant - Whether specific statutory provision should override general statutory provision - Income Tax Act 1967, Sch. 5 para. 41 - Courts of Judicature Act 1964, s. 67(1)
Idaman Pelita Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
(Wong Kian Kheong JC) [2016] 8 CLJ 503 [HC]

TORT

Defamation - Libel - Banking - Automated reporting of customer's account as 'Account Under Special Attention' in report to Bank Negara Malaysia - Whether defamatory of customer - Whether information in report available automatically - Whether third party banks had seen report - Whether publication proven
Tan Hock Leng v. RHB Bank Bhd
(Collin Lawrence Sequerah JC) [2016] 8 CLJ 577 [HC]

Negligence - Duty of care - Banker and customer - Duty as reasonably skilled banker - Responsibility for ensuring accurate information reported to Bank Negara Malaysia - Breach of duty - Automated reporting of customer's account as 'Account Under Special Attention' due to system error - Whether bank breached duty of care - Whether bank could rely on exemption clause to negate liability
Tan Hock Leng v. RHB Bank Bhd
(Collin Lawrence Sequerah JC) [2016] 8 CLJ 577 [HC]

INDEKS PERKARA

PROSEDUR SIVIL

Bantahan awal - Penzahiran - Pemeriksaan dokumen - Permohonan - Sama ada tertakluk pada keperluan memberi notis Borang 41 - Sama ada bantahan awal ditolak - Kaedah-Kaedah Mahkamah 2012, A. 24 k. 3 & 10
Megat Ajib Abd Hamid & Yang Lain lwn. Quek Han Tiong
(Abdul Wahab Mohamed PK) [2016] 8 CLJ 536 [HC]

Penzahiran - Pemeriksaan dokumen - Permohonan - Sama ada pramatang - Sama ada plaintif perlu buktikan kesahihan surat ikatan amanah sebelum layak terima dokumen - Sama ada dokumen berada dalam milikan, jagaan dan kuasa defendan - Sama ada dokumen relevan dengan tuntutan plaintif - Sama ada mahkamah boleh memerintahkan mana-mana pihak untuk mengemukakan dokumen - Kaedah-Kaedah Mahkamah 2012, A. 24 k. 11, 12 & 13(1)
Megat Ajib Abd Hamid & Yang Lain lwn. Quek Han Tiong
(Abdul Wahab Mohamed PK) [2016] 8 CLJ 536 [HC]


ARTICLES

LNS Article(s)

  1. THE PARMOOR LECTURE: ACHIEVING CONSISTENCY IN SENTENCING* [Read excerpt]
    by: THE PRESIDENT OF THE QUEEN'S BENCH DIVISION
    SIR BRIAN LEVESON
    [2016] 1 LNS(A) lxxxvi

  2. [2016] 1 LNS(A) lxxxvi
    logo
    UNITED KINGDOM

    THE PARMOOR LECTURE: ACHIEVING CONSISTENCY IN SENTENCING*
    by
    THE PRESIDENT OF THE QUEEN'S BENCH DIVISION
    SIR BRIAN LEVESON

    Introduction

    May I start by thanking you for the invitation to give this, the fifth annual lecture held in memory of Milo Cripps, the fourth Lord Parmoor, a colourful character who clearly lived a wonderfully varied life. While at Oxford and whether to celebrate his birthday or the age of his car, he is said to have filled its radiator with champagne, leaving the University not knowing what he wanted to do. He went on to become a banker, a bookseller dealing in antiquarian books and, most famously a large botanical collector, a traveller and, most important, a staunch supporter of the work of the Howard League for Penal Reform.

    I am delighted to be able to use this opportunity to speak to you about the work of the Sentencing Council of which I have been Chairman since late 2009, which was prior to its legislative birth in April 2010. The Sentencing Council is an independent, non-departmental public body of the Ministry of Justice and replaced the Sentencing Guidelines Council and the Sentencing Advisory Panel: its primary role is to issue guidelines for both magistrates and the Crown Court on sentencing. The Coroners and Justice Act 2009 provides that these guidelines must be followed unless it is in the interests of justice not to do so. We also have statutory responsibilities in relation to research and public confidence and we have taken this remit to launch wide ranging publicity around the process of sentencing.

    . . .

    * The President Of The Queen's Bench Division Sir Brian Leveson (24 October 2013). Published with kind permission of the Judicial Communications Office, Judiciary of England and Wales (https://www.judiciary.gov. uk/wp-content/uploads/ JCO/Documents/Speeches/leveson-parmoor-lecture-20131031.pdf).


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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) 421/2016 Notice of Affirmative Preliminary Determination of An Investigation With Regard To Steel Wire Rods and Deformed Bar In Coils Products Imported Into Malaysia 23 September 2016 24 September 2016 ACT 657; PU(A) 386/2007
PU(B) 420/2016 Notice of Affirmative Preliminary Determination of An Investigation With Regard To Steel Concrete Reinforcing Bar Products Imported Into Malaysia 23 September 2016 24 September 2016 ACT 657; PU(A) 386/2007
PU(B) 419/2016 Notice of Proposed Revocation of Reservation of Land For Public Purpose For Lot36869 Mukim Petaling 22 September 2016 23 September 2016 ACT 56/1965
PU(B) 418/2016 Appointment of Members of The Advisory Board 21 September 2016 22 September 2016 ACT 190; PU(A) 172/1989
PU(B) 417/2016 Notice of Proposed Revocation of Reservation of Land For Public Purpose For Lot 55121 Mukim Kuala Lumpur 21 September 2016 22 September 2016 ACT 56/1965

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