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CLJ Bulletin, Issue 2016, Vol 44
03 November 2016


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New This Week

1. Case(s) of the Week

  1. PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BHD [2016] 9 CLJ 1

2. Latest Cases

  1. Legal Network Series

  2. CLJ 2016 Volume 9 (Part 1)

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

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BHD [2016] 9 CLJ 1
FEDERAL COURT, PUTRAJAYA
AHMAD MAAROP FCJ, ZAINUN ALI FCJ, RAMLY ALI FCJ, AZAHAR MOHAMED FCJ, ZAHARAH IBRAHIM FCJ
[CIVIL APPEAL NO: 02(I)-27-04-2015(W)]
15 AUGUST 2016

ARBITRATION: Arbitrator - Jurisdiction - Challenge as to jurisdiction - Whether must be made during arbitration proceedings - Whether arbitrator has jurisdiction to deal with all matters specified in plaintiff's claim - Whether issue of amount or quantum of indemnity within arbitrator's jurisdiction

ARBITRATION: Jurisdiction - Stay of proceedings - Application under s. 10(1) of Arbitration Act 2005 - Requirements - Whether there was binding arbitration agreement between parties

ARBITRATION: Stay of proceedings - Principles applicable - Application under s. 10(1) of Arbitration Act 2005 - Requirements - Whether there was binding arbitration agreement between parties - Whether stay mandatory if all requirements under s. 10(1) fulfilled - Whether reference to document containing arbitration clause shall constitute an arbitration agreement - Whether dispute fell within arbitration clause

CIVIL PROCEDURE: Stay of proceedings - Arbitration - Principles applicable - Application under s. 10(1) of Arbitration Act 2005 - Whether there was binding arbitration agreement between parties - Whether stay mandatory if all requirements under s. 10(1) fulfilled - Whether reference to document containing arbitration clause shall constitute an arbitration agreement - Whether dispute fell within arbitration clause - Whether stay ought to be granted


LATEST CASES

Legal Network Series

[2014] 1 LNS 1363

PP lwn. EGEONU AUSTINE CHIDERA & YANG LAIN

UNDANG-UNDANG JENAYAH: Dadah berbahaya - Pengedaran - Dadah jenis methamphetamine seberat 877.1g - Pendakwaan menggunapakai anggapan pengedaran dibawah s. 37 Akta Dadah Berbahaya 1952 ('ADB') - Sama ada pihak pendakwaan telah membuktikan kes prima facie terhadap tertuduh dibawah s. 39B(1)(a) ADB - Sama ada milikan keatas dadah telah dibuktikan

PROSEDUR JENAYAH: Mens rea - Pengetahuan - Pengedaran dadah berbahaya - Pengetahuan berkenaan dadah - Kewujudan cap jari tertuduh pada barang kes - Tertuduh diberi bungkusan tanpa mengetahui kandungan bungkusan tersebut mengandungi dadah - Sama ada pengetahuan tertuduh berkenaan barang kes telah dibuktikan

PROSEDUR JENAYAH: Mens rea - Kesimpulan daripada kelakuan - Pengedaran dadah berbahaya - Kelakuan tertuduh-tertuduh selepas dadah dijumpai - Pertengkaran sesama tertuduh-tertuduh selepas dadah dijumpai - Salah seorang tertuduh jatuh terkejut - Sama ada kelakuan tertuduh-tertuduh sedemikian memberi inferen bahawa tertuduh-tertuduh mempunyai pengetahuan berkenaan dadah

[2014] 1 LNS 1850

TAN BEE GEOK lwn. TEE KWEE HONG & SATU LAGI

KONTRAK: Saham, penjualan - Perjanjian jualan yang bertentangan dengan statut - Transaksi pemindahan saham untuk menipu percukaian - Sama ada tuntutan plaintif bertentangan dengan dasar awam - Sama ada perjanjian yang dimasuki terbatal kerana melanggar peruntukan Akta Penggalakan Pelaburan 1986 - Akta Kontrak 1950, s. 24

[2015] 1 LNS 1208

PP v. MOHD RIHAN HAQQI ROZALI & ANOR

CRIMINAL PROCEDURE: Appeal - Appeal against conviction and sentence - Offence of possession of dangerous drugs and poison - Proof of common intention - Accused persons' denial of knowledge and custody of seized drugs and poison - Incriminating items found in hotel room of accused persons - Prosecution's failure to prove existence of common intention - Whether common intention was an essential element in charges preferred against accused persons - Whether failure to prove element of common intention was fatal to prosecution's case

CRIMINAL LAW: Common intention - Participation in criminal act - Offence of possession of dangerous drugs and poison - Incriminating items found in hotel room of accused persons - Whether room records could prove that room was booked in furtherance of accused person's common intention - Whether mere fact that both accused person were inside hotel room at time of police raid could show existence of common intention

[2015] 1 LNS 1215

TALAM CORPORATION BERHAD & ANOR v. BANGKOK BANK BERHAD & ANOR

BANKING: Banker and customer - Duty of care - Proximity of relationship - Charge - Chargor's holding company claiming interest in charged property - Chargor's holding company not privy to charge and financial agreement entered between chargor and chargee bank - Chargor's holding company commenced action against chargee bank for alleged loss suffered from foreclosure action - Whether chargee bank owed any duty of care to chargor's holding company

CIVIL PROCEDURE: Res judicata - Fresh action on charge - Filing of fresh action by chargor against chargee despite having participated earlier in foreclosure action commenced by chargee - Chargor's action in personam for breach of charge - Chargor's claim for loss from successful sale by a charge action - Whether chargor's claim was barred by doctrine of res judicata

CIVIL PROCEDURE: Parties - Proper plaintiffs - Action in personam based on charge - Claim for loss from successful sale by a charge action - Action taken by parent company in respect of loss of a subsidiary company - Whether parent company had necessary standing to commence an action for loss of its subsidiary - Whether proper plaintiff should be subsidiary suffering personal loss

COMPANY LAW: Separate legal entity - Holding and subsidiary companies - Interest in assets - Whether a holding company could claim rights over assets of subsidiary company - Whether holding company had any beneficial interest over property of its subsidiary company

EVIDENCE: Documentary evidence - Admissibility of - Admissibility of unmarked ID document - Existence of numerous purported originals - Discrepancy in document - Whether ID document could be considered as primary evidence - Whether document fulfilled criteria of admissibility of documentary evidence under s. 73A(1) of Evidence Act 1950

[2015] 1 LNS 1265

GLOBAL CARGO SOLUTION SDN BHD v. CHONG LEE YEN & ORS

COMPANY LAW: Directors - Fiduciary duties - Breach of fiduciary duties - Directors incorporated rival company whilst still directors of plaintiff company - Company carrying out freight forwarding services - Directors resigned after incorporation of rival company - Allegation of loss of customers after incorporation of rival company - Whether plaintiff were able to prove defendants used rival company to poach plaintiff's clients - Whether plaintiff had proprietary rights to its clients

COMPANY LAW: Suit by company - Suit against operation manager - Breach of confidence - Allegation that operation manager had divulged and disclosed confidential information belonging to plaintiff company to rival company whilst still holding position - Mere reliance on several phone calls to rival company - Whether it was safe to rely on telephone records to conclude that operation manager was obtaining confidential information on behalf of rival company


CLJ 2016 Volume 9 (Part 1)

FEDERAL COURT

Press Metal Sarawak Sdn Bhd v. Etiqa Takaful Bhd
Ahmad Maarop, Zainun Ali, Ramly Ali, Azahar Mohamed, Zaharah Ibrahim FCJJ
(Arbitration; Civil Procedure - Challenge to jurisdiction - Whether must be made during arbitration proceedings - Application for stay of proceedings under s. 10(1) of Arbitration Act 2005 - Whether requirements complied with) [2016] 9 CLJ 1 [FC]

COURT OF APPEAL

Philip Bell Booth & Anor v. Navaratnam Narayanan
Mohd Hishamudin Yunus, David Wong Dak Wah, Umi Kalthum Abdul Majid JJCA
(Contract - Agreement - Breach - Whether there was consensus ad idem to form concluded contract) [2016] 9 CLJ 37 [CA]

RS & L Marine Sdn Bhd v. Bras Ventures Bhd & Anor
Mohd Zawawi Salleh, Vernon Ong Lam Kiat, Abdul Rahman Sebli JJCA
(Contract - Subcontract agreement - Whether consensus ad idem on terms of payment of contract price reached) [2016] 9 CLJ 56 [CA]

Small Medium Enterprise Development Bank Malaysia v. Lim Woon Katt
Hamid Sultan Abu Backer, Umi Kalthum Abdul Majid, Varghese George JJCA
(Civil Procedure - Notice of demand - Failure to respond) [2016] 9 CLJ 73 [CA]

HIGH COURT

Ketua Pengarah Hasil Dalam Negeri v. Latex Manufacturing Sdn Bhd
Asmabi Mohamad JCA
(Revenue Law - Tax - Assessment - Pioneer certificate - Whether Director General of Inland Revenue vested with proper authority to disregard company's pioneer certificate and status - Breach of pioneer certificate) [2016] 9 CLJ 86 [HC]

Subramaniam Manickam lwn. Supramaniam Kasia Pillai
Rosilah Yop H
(Profesyen Guaman; Tort - Kegagalan peguam memfailkan notis rayuan dalam masa yang ditetapkan menyebabkan rayuan ditolak - Sama ada peguam melanggar kewajipan berhati-hati) [2016] 9 CLJ 105 [HC]

The Director General Of Customs Malaysia And The Director Of Customs, Sarawak & Ors v. Chong Yin Kim Trading Sdn Bhd & Ors And Another Appeal
Rhodzariah Bujang J
(Customs And Excise - Seizure of goods - Failure to initiate prosecution within one month) [2016] 9 CLJ 130 [HC]

TMF Trustees Malaysia Bhd v. Offshore Works Sdn Bhd & Ors
Noorin Badaruddin JC
(Contract; Civil Procedure - Deed of assignment - Conditions for affecting absolute legal assignments - Whether fulfilled - Whether plaintiff as ultimate assignee has legal right to debt or chose in action) [2016] 9 CLJ 137 [HC]

SUBJECT INDEX

ARBITRATION

Arbitrator - Jurisdiction - Challenge as to jurisdiction - Whether must be made during arbitration proceedings - Whether arbitrator has jurisdiction to deal with all matters specified in plaintiff's claim - Whether issue of amount or quantum of indemnity within arbitrator's jurisdiction
Press Metal Sarawak Sdn Bhd v. Etiqa Takaful Bhd
(Ahmad Maarop, Zainun Ali, Ramly Ali, Azahar Mohamed, Zaharah Ibrahim FCJJ) [2016] 9 CLJ 1 [FC]

Jurisdiction - Stay of proceedings - Application under s. 10(1) of Arbitration Act 2005 - Requirements - Whether there was binding arbitration agreement between parties
Press Metal Sarawak Sdn Bhd v. Etiqa Takaful Bhd
(Ahmad Maarop, Zainun Ali, Ramly Ali, Azahar Mohamed, Zaharah Ibrahim FCJJ) [2016] 9 CLJ 1 [FC]

Stay of proceedings - Principles applicable - Application under s. 10(1) of Arbitration Act 2005 - Requirements - Whether there was binding arbitration agreement between parties - Whether stay mandatory if all requirements under s. 10(1) fulfilled - Whether reference to document containing arbitration clause shall constitute an arbitration agreement - Whether dispute fell within arbitration clause
Press Metal Sarawak Sdn Bhd v. Etiqa Takaful Bhd
(Ahmad Maarop, Zainun Ali, Ramly Ali, Azahar Mohamed, Zaharah Ibrahim FCJJ) [2016] 9 CLJ 1 [FC]

CIVIL PROCEDURE

Action - Recovery for moneys due and owing - Validity of guarantee - Whether guarantee related security to facilities in facility agreement and a condition precedent to availability of facility - Assignment of rights - Whether had any effect on conditions precedent to availability of facility - Whether lender had capacity to enter into guarantee - Third defendant acted upon guarantee being a condition to facilities benefited by company - Whether third defendant could question enforceability of guarantee - Disbursement of facilities - Whether third defendant obtained full benefits of facilities - Whether third defendant could avoid liability under guarantee - Whether plaintiff as ultimate assignee has legal right to debt or chose in action by virtue of s. 4(3) of Civil Law Act 1956
TMF Trustees Malaysia Bhd v. Offshore Works Sdn Bhd & Ors
(Noorin Badaruddin JC) [2016] 9 CLJ 137 [HC]

Notice of demand - Failure to respond - Whether all demand notices must be responded to - Whether failure to respond equated to admission under s. 17 of Evidence Act 1950 - Whether failure to respond related to conduct under s. 8 of Evidence Act 1950 - Whether relevant for court to give probative force to case - Whether notice of demand must be responded to in commercial cases
Small Medium Enterprise Development Bank Malaysia v. Lim Woon Katt
(Hamid Sultan Abu Backer, Umi Kalthum Abdul Majid, Varghese George JJCA) [2016] 9 CLJ 73 [CA]

Stay of proceedings - Arbitration - Principles applicable - Application under s. 10(1) of Arbitration Act 2005 - Whether there was binding arbitration agreement between parties - Whether stay mandatory if all requirements under s. 10(1) fulfilled - Whether reference to document containing arbitration clause shall constitute an arbitration agreement - Whether dispute fell within arbitration clause - Whether stay ought to be granted
Press Metal Sarawak Sdn Bhd v. Etiqa Takaful Bhd
(Ahmad Maarop, Zainun Ali, Ramly Ali, Azahar Mohamed, Zaharah Ibrahim FCJJ) [2016] 9 CLJ 1 [FC]

CONTRACT

Agreement - Breach - Allegation of - Whether there was valid contract between parties - Whether there was consensus ad idem to form concluded contract - Correspondence between parties showed counter offers and rejection of offers - Whether there was conclusion to any offer or acceptance - Elements to prove existence of contract - Whether fulfilled by parties - Whether there was binding contract - Contracts Act 1950, s. 2(a)
Philip Bell Booth & Anor v. Navaratnam Narayanan
(Mohd Hishamudin Yunus, David Wong Dak Wah, Umi Kalthum Abdul Majid JJCA) [2016] 9 CLJ 37 [CA]

Agreement - Concluded contract - Whether there was consensus ad idem - Whether there was valid contract between parties - Correspondence between parties showed counter offers and rejection of offers - Whether there was conclusion to any offer or acceptance - Elements to prove existence of contract - Whether fulfilled by parties - Whether there was binding contract - Contracts Act 1950, s. 2(a)
Philip Bell Booth & Anor v. Navaratnam Narayanan
(Mohd Hishamudin Yunus, David Wong Dak Wah, Umi Kalthum Abdul Majid JJCA) [2016] 9 CLJ 37 [CA]

Assignment - Deed of assignment - Conditions precedent - Conditions for affecting absolute legal assignments - Civil Law Act 1956, s. 4(3) - Whether fulfilled - Whether absolute assignment of right impacts continued operation of conditions precedent clause in facilities agreement - Whether guarantee related security to facilities - Whether lender retained right to obtain guarantee and entitled to enter into guarantee - Whether third defendant could question enforceability of guarantee - Disbursement of facilities - Whether third defendant obtained full benefits of facilities - Whether third defendant could avoid liability under guarantee - Whether plaintiff as ultimate assignee has legal right to debt or chose in action
TMF Trustees Malaysia Bhd v. Offshore Works Sdn Bhd & Ors
(Noorin Badaruddin JC) [2016] 9 CLJ 137 [HC]

Formation - Concluded contract - Subcontract agreement - Terms of payment of contract price - Negotiations - Whether there was a binding subcontract between parties - Whether there was intention to create legal relationship between parties - Whether consensus ad idem on terms of payment of contract price reached - Whether there was concluded bargain
RS & L Marine Sdn Bhd v. Bras Ventures Bhd & Anor
(Mohd Zawawi Salleh, Vernon Ong Lam Kiat, Abdul Rahman Sebli JJCA) [2016] 9 CLJ 56 [CA]

Guarantee - Validity - Recovery of money due and owing - Whether guarantee related security to facilities in facility agreement and a condition precedent to availability of facility - Assignment of rights - Whether had any effect on conditions precedent to availability of facility - Whether lender had capacity to enter into guarantee - Third defendant acted upon guarantee being a condition to facilities benefited by company - Whether third defendant could question enforceability of guarantee - Disbursement of facilities - Whether third defendant obtained full benefits of facilities - Whether third defendant could avoid liability under guarantee - Whether plaintiff as ultimate assignee has legal right to debt or chose in action by virtue of s. 4(3) of Civil Law Act 1956
TMF Trustees Malaysia Bhd v. Offshore Works Sdn Bhd & Ors
(Noorin Badaruddin JC) [2016] 9 CLJ 137 [HC]

CUSTOMS AND EXCISE

Seizure - Seizure of goods - Failure to initiate prosecution within one month - Sessions Court Judge allowed application for release of goods seized - Whether order for release of goods wrong in law - Customs Act 1967, ss. 114, 115, 128 & 129
The Director General Of Customs Malaysia And The Director Of Customs, Sarawak & Ors v. Chong Yin Kim Trading Sdn Bhd & Ors And Another Appeal
(Rhodzariah Bujang J) [2016] 9 CLJ 130 [HC]

REVENUE LAW

Tax - Assessment - Company issued with pioneer certificate - Pioneer certificate contained condition that company must directly export production - Failure to comply with condition - Computed tax for company made without any incentive - Company imposed with penalties under s. 113(2) of Income Tax Act 1967 at rate of 45% - Whether Director General of Inland Revenue vested with proper authority to disregard company's pioneer certificate and status - Whether penalty of 45% could be imposed - Whether s. 9 of Promotion of Investments Act 1986 complied with - Whether there was breach of pioneer certificate
Ketua Pengarah Hasil Dalam Negeri v. Latex Manufacturing Sdn Bhd
(Asmabi Mohamad JCA) [2016] 9 CLJ 86 [HC]

INDEKS PERKARA

PROFESYEN GUAMAN

Kewajipan berhati-hati - Kecuaian profesional - Peguam memasukkan pengakuan salah laku anak guam dalam ikatan dokumen bersama - Tuntutan ditolak oleh mahkamah - Kegagalan peguam memfailkan notis rayuan dalam masa yang ditetapkan menyebabkan rayuan ditolak - Sama ada satu tort kecuaian profesional - Sama ada peguam melanggar kewajipan berhati-hati terhadap anak guam
Subramaniam Manickam lwn. Supramaniam Kasia Pillai
(Rosilah Yop H) [2016] 9 CLJ 105 [HC]

TORT

Kecuaian - Kecuaian profesional - Profesyen guaman - Kewajipan berjaga-jaga peguam terhadap anak guam - Peguam memasukkan pengakuan salah laku anak guam dalam ikatan dokumen bersama - Tuntutan ditolak oleh mahkamah - Kegagalan peguam memfailkan notis rayuan dalam masa yang ditetapkan menyebabkan rayuan ditolak - Sama ada satu tort kecuaian profesional - Sama ada kecuaian peguam menyebabkan kerugian terhadap anak guam - Sama ada peguam melanggar kewajipan berjaga-jaga terhadap anak guam - Sama ada anak guam berhak menuntut ganti rugi
Subramaniam Manickam lwn. Supramaniam Kasia Pillai
(Rosilah Yop H) [2016] 9 CLJ 105 [HC]

Representasi palsu - Perdayaan - Peguam gagal memfailkan notis rayuan dalam masa yang ditetapkan - Rayuan ditolak tetapi peguam tidak memaklumkan anak guam - Peguam memberi representasi bahawa rayuan sempurna dan hanya menunggu tarikh bicara - Sama ada satu tort perdayaan - Sama ada representasi palsu
Subramaniam Manickam lwn. Supramaniam Kasia Pillai
(Rosilah Yop H) [2016] 9 CLJ 105 [HC]


ARTICLES

LNS Article(s)

  1. HARMONISATION OF DOCTRINE OF REPUDIATION AND ITS EFFECT ON THE DETERMINATION OF A CONTRACT* [Read excerpt]
    by: JONATHAN CHOO**
    SHAUN LEE***
    [2016] 1 LNS(A) xc

  2. [2016] 1 LNS(A) xc
    logo
    SINGAPORE

    HARMONISATION OF DOCTRINE OF REPUDIATION AND
    ITS EFFECT ON THE DETERMINATION OF A CONTRACT*

    by
    JONATHAN CHOO**
    SHAUN LEE***

    The UK Supreme Court has by a majority decision (Lord Sumption dissenting) in Societe Generale, London Branch v. Geys [2012] UKSC 63 put to bed the so-called automatic theory of repudiation in contracts of employment. Instead, the Supreme Court affirmed the elective doctrine of repudiation in which the innocent party may elect to either accept the repudiation or affirm the contract. So long as the employment contract is affirmed, the contract subsists and has not been terminated. This is consistent with other types of contracts.

    In this particular case, the date of the termination mattered as it affected the amount due to Mr Geys as contractual termination payment in the order of several million euros (see paras [2], [6] and [110]).

    The Facts

    On 29 November 2007, Mr Geys was called to a meeting and given a letter informing him that Societe Generale (“Soc Gen”) had decided to terminate his employment with immediate effect and that the “appropriate termination documentation” would follow (see para [9]). Mr Geys then consulted with his solicitors who wrote to Soc Gen on 7 December 2007 to obtain further information on the amounts that Mr Geys was to be paid as well as to reserve his position.

    . . .

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

    ** Partner & Head of Arbitration & Dispute Resolution Olswang Asia LLP (E-mail: jonathan.choo@olswang.com)

    *** Associate, Arbitration & Dispute Resolution Olswang Asia LLP (E-mail: shaun.lee@olswang.com)


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  3. ADVOCACY IN THE COMMERCIAL COURT* [Read excerpt]
    by: THE HON. MR JUSTICE TEARE [2016] 1 LNS(A) xci

  4. [2016] 1 LNS(A) xci
    logo
    UNITED KINGDOM

    ADVOCACY IN THE COMMERCIAL COURT*
    by
    THE HON. MR JUSTICE TEARE

    Last week was a normal week in the Commercial Court. I received a 100 page skeleton argument in support of continuing an injunction and opposing a challenge to the jurisdiction, in another application challenging the jurisdiction I had received skeleton arguments amounting in total to over 110 pages from one side and 117 pages from the other side. And for the closing written submissions in an action, I received 156 pages for one side and 175 for the other side, the latter being complemented by 980 footnotes.

    An impartial observer might well conclude from that, that oral advocacy has a very limited role in the modern Commercial Court.

    But despite the production of such lengthy examples of written advocacy the tradition of oral advocacy in the Commercial Court, as indeed in all our courts, remains strong. But the advocate requires skill at both oral and written advocacy and so I shall say something about both.

    The skeleton argument is the first piece of advocacy to which the Judge is exposed in a case.

    . . .

    * The Hon. Mr Justice Teare, Combar The Commercial Bar Association Professional Education Series Lectures (27 March 2012). Published with kind permission of the Judicial Communications Office, Judiciary of England and Wales (https://www.judiciary.gov.uk/wp-content/uploads/ 2014/09/teare-talk.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) 289/2016 Malaysian Aviation Commission (Aviation Services Charges) (Amendment) Regulations 2016 1 November 2016 1 January 2017 PU(A) 100/2016
PU(A) 288/2016 Customs Duties (Tioman) (Amendment) Order 2016 31 October 2016 1 November 2016 PU(A) 239/2004
PU(A) 287/2016 Customs Duties (Langkawi) (Amendment) Order 2016 31 October 2016 1 November 2016 PU(A) 489/1986
PU(A) 286/2016 Customs Duties (Labuan) Order 2016 31 October 2016 1 November 2016 ACT 235
PU(A) 285/2016 Excise Duties (Tioman) (Amendment) Order 2016 31 October 2016 1 November 2016 PU(A) 242/2004

PU(B)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(B) 460/2016 Notice of Proposed Revocation of Reservation of Land For Public Purpose For Lot 36840 Mukim Petaling 1 November 2016 2 November 2016 ACT 56/1965
PU(B) 459/2016 Appointment of Director General of The Board 31 October 2016 4 July 2016 ACT 582
PU(B) 458/2016 Notice To Third Parties 25 October 2016 26 October 2016 ACT 613
PU(B) 457/2016 Notification of Values of Palm Kernel Under Section 12 25 October 2016 1 November 2016 to 30 November 2016 ACT 235
PU(B) 456/2016 Notification of Values of Crude Petroleum Oil Under Section 12 25 October 2016 27 October 2016 to 9 November 2016 ACT 235

Legislation Alert

Updated

Act/Principal No. Title Amended by In force from Section amended
PU(A) 196/2016 Road Transport (Provision of Parking Places) Federal Territory of Kuala Lumpur Order 2016 PU(A) 277/2016 1 November 2016 Schedule
PU(A) 187/2014 Goods and Services Tax (Imposition of Tax For Supplies in Respect of Designated Areas) Order 2014 PU(A) 278/2016 1 November 2016 Paragraph 2
PU(A) 272/2014 Goods and Services Tax (Zero-Rated Supply) Order 2014 PU(A) 279/2016 1 November 2016 First Schedule
PU(A) 273/2014 Goods and Services Tax (Relief) Order 2014 PU(A) 280/2016 1 November 2016 First Schedule and Second Schedule
PU(A) 379/2013 Excise Duties (Exemption) Order 2013 PU(A) 282/2016 1 November 2016 Schedule

 

Revoked

 

Act/Principal No. Title Revoked by In force from
PU(A) 79/2002 Communications and Multimedia (Rates) Rules 2002 PU(A) 185/2016 1 July 2016
PU(A) 196/2003 Market (Federal Territory of Putrajaya) By-Laws 2003 PU(A) 254/2016 11 October 2016
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