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CLJ Bulletin, Issue 2016, Vol 46
17 November 2016


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New This Week

1. Case(s) of the Week

  1. PENDAFTAR HAKMILIK, PEJABAT PENDAFTARAN WILAYAH PERSEKUTUAN KUALA LUMPUR & ANOR
    v. POH YANG HONG
     [2016] 9 CLJ 297 [FC]

  2. CONSISTENT PATTERN SDN BHD lwn. TENAGA NASIONAL BHD [2016] 2 SMC 1

  3. JEGATHEES NAGULAN & ORS v. SURESH BALAKRISHNAN & ANOR [2016] 6 CLJ 253

2. Latest Cases

  1. Legal Network Series

  2. CLJ 2016 Volume 9 (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

PENDAFTAR HAKMILIK, PEJABAT PENDAFTARAN WILAYAH PERSEKUTUAN KUALA LUMPUR & ANOR
v. POH YANG HONG
[2016] 9 CLJ 297 [FC]
FEDERAL COURT, PUTRAJAYA
ZULKEFLI AHMAD MAKINUDIN CJ (MALAYA), SURIYADI HALIM OMAR FCJ, HASAN LAH FCJ, RAMLY ALI FCJ, BALIA YUSOF WAHI FCJ
[CIVIL APPEAL NO: 01(f)-59-12-2015(W)]
11 OCTOBER 2016

LAND LAW: Registrar of Titles - Statutory duties - Whether to maintain proper register of all lands caused to be registered at Registry - Whether to ensure that records and particulars in Register of Titles correct and accurate - Registering same land under two different title numbers and two different owners - Whether in breach of statutory duty - Whether guilty of negligence at common law - National Land Code, ss. 22, 384, 385, 386

LAND LAW: Registrar of Titles - Statutory duties - Breach - Maintenance of records in Registrar of Titles - Inaccurate records - Incorrect and inaccurate records relied upon by purchaser in purchase of land resulting in losses - Whether Registrar of Titles owed duty of care to purchaser - Whether guilty of negligence at common law - Whether liable in damages - Whether only liable in damages if purchaser made and relied on `an official search' as against `a private search' - National Land Code, ss. 22, 384, 385, 386

TORT: Negligence - Breach of statutory duty - Damages - Whether common law duty of care could arise in performance of statutory function 


CONSISTENT PATTERN SDN BHD lwn. TENAGA NASIONAL BHD [2016] 2 SMC 1
MAHKAMAH SESYEN, SUNGAI PETANI
ZAMAN MOHD NOOR HS
[KES SIVIL NO: B52NCVC-01-03-2015]
14 JUN 2015

UTILITI-UTILITI: Elektrik - Usikan pada meter elektrik - Pemotongan bekalan elektrik - Permohonan injunksi supaya bekalan elektrik disambung semula - Pembetulan pada meter elektrik - Sama ada bekalan elektrik boleh diputuskan secara berterusan walaupun pembetulan terhadap meter telah dilakukan - Sama ada fakta material disembunyikan - Sama ada bercanggah dengan kehendak A. 29 k. 1(2A) Kaedah- Kaedah Mahkamah 2012 - Sama ada terdapat isu serius untuk dibicarakan - Sama ada keadilan kes memihak kepada plaintif supaya bekalan elektrik disambung semula

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JUDICIAL QUOTES

JEGATHEES NAGULAN & ORS v. SURESH BALAKRISHNAN & ANOR [2016] 6 CLJ 253

[1] Issue: Whether the Sessions Court has the power or jurisdiction to make an order under s. 11 of the Public Trust Corporation Act 1995, and consequently, in this case, whether it could appoint Amanah Raya Berhad as administrator for a judgment sum (for nursing care) which the court has awarded to the minor plaintiff in the case.

“The plaintiffs’ submission merits consideration because (under s. 11) the power of appointment of trustee, executor, administrator, guardian, next-of-kin, agent, attorney, receiver and manager or liquidator is only given to the High Court. In this case, the appointment of Amanah Raya Berhad should have been made by the High Court instead of the Sessions Court”.

“Section 2 of the Act defines the word ‘court’ as the High Court or a judge of such court and includes the Registrar, Deputy Registrars, Senior Assistant Registrars and Assistant Registrars of the High Court. Nowhere in s. 2 (is there) appearing the words Sessions Court or a judge of Sessions Court. Therefore, it is very clear that the Sessions Court has overstepped its jurisdiction in allowing the money to be deposited in the name of the plaintiff to be administered by Amanah Raya Berhad” – per Kamaludin Md Said J in Jegathees Nagulan & Ors v. Suresh Balakrishnan & Anor [2016] 6 CLJ 253.

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LATEST CASES

Legal Network Series

[2015] 1 LNS 633

ABU HASSAN MOHAMED lwn. PP

PROSEDUR JENAYAH: Rayuan - Rayuan terhadap sabitan dan hukuman - Rayuan oleh tertuduh - Pertuduhan merogol - Hakim bicara bersandar semata-mata atas kepercayaan keterangan mangsa - Kegagalan hakim bicara membuat catatan berhubung tingkah laku mangsa ketika memberi keterangan - Kegagalan hakim bicara untuk meneliti pengakuan mangsa berkenaan pembohongan kepada doktor yang memeriksa mangsa dan kelewatan membuat laporan polis - Sama ada isu pembohongan wajar diketepikan oleh hakim bicara - Sama ada hakim bicara telah melakukan penilaian maksima - Sama ada sabitan wajar dikekalkan

[2015] 1 LNS 678

PP lwn. SASIKUMAR SILVA DORAI

PROSEDUR JENAYAH: Rayuan - Rayuan terhadap hukuman - Pihak pendakwaan merayu terhadap hukuman penjara 12 tahun bagi kesalahan dibawah s. 304(a) Kanun Keseksaan - Faktor peringanan - Kesalahan pertama - Pengakuan salah tertuduh - Usia muda tertuduh - Sama ada pengakuan salah tertuduh merupakan faktor peringanan untuk dipertimbangkan dalam menjatuhkan hukuman - Sama ada tempoh 12 tahun pemenjaraan adalah terlalu ringan

[2016] 1 LNS 22

MALAYSIAN AIRLINE SYSTEM BERHAD v. MAHKAMAH PERUSAHAAN MALAYSIA & ORS

ADMINISTRATIVE LAW: Judicial review - Certiorari - Application to quash award of Industrial Court - Nominal damages awarded to employees following complaint against employer on non-compliance with terms of collective agreement - Non-compliance relating to work hours and remuneration for work carried out in excess of normal work hours - Industrial Court finding there was contravention of terms of collective agreement and that rights of complainants had been infringed - Nominal compensation awarded due to insufficient evidence to compute actual loss for each complainant - Whether Industrial Court correct in proceeding to award nominal damages - Whether Industrial Court properly exercised its discretion in determining quantum of nominal damages

ADMINISTRATIVE LAW: Judicial review - Certiorari - Application to quash award of Industrial Court - Allegation of lack of material evidence - Industrial Court had given award in favour of claimants - Existence of 63 claimants but only two claimants gave testimony - Witness authorized to testify on behalf of other claimants - Whether there was absence of material evidence before Industrial Court - Whether Industrial Court committed an error of law

ADMINISTRATIVE LAW: Judicial review - Certiorari - Application to quash award of Industrial Court - Industrial Court ruled that certain term of collective agreement was void - Whether Industrial Court committed an error of law in declaring certain term of collective agreement void - Whether Industrial Court may refuse cognizance to a collective agreement

LABOUR LAW: Industrial Court - Powers - Power of Industrial Court to refuse cognizance to a collective agreement - Whether Industrial Court may refuse cognizance if it is of opinion that collective agreement does not comply with requirements of s. 14 of Industrial Relations Act 1967 - Whether Industrial Court that has granted cognizance to a collective agreement could be precluded from exercising its powers to set aside or declare void any terms of a collective agreement that contravenes any provision of written laws

[2016] 1 LNS 40

HIMODA ONLINE SDN BHD v. TANG CHOY YUEN & ANOR

CIVIL PROCEDURE: Contempt of court - Committal proceedings - Breach of injunction order - Procedures and principle - Standard of proof - Absence of a specific time for compliance - Whether incumbent upon plaintiff to prove beyond a reasonable doubt that defendants had willfully disobeyed injunction order - Whether ambiguity in court order alleged to have been violated is to be resolved in favour of alleged contemnor - Whether an order could be enforced by committal if its terms are ambiguous - Whether there had been breach of obligation by defendant - Whether failure to specify time for compliance of injunction order was fatal to application for an order of committal

[2016] 1 LNS 41

GOMATHY GOVINDASAMY v. TANG KOON HWA

DAMAGES: Fatal accident - Dependency claim - Dependency claim brought by mother of deceased - Evidence given stating that deceased would give all his salary to his mother and his mother would give money to deceased as required - Defendant alleged money given by deceased to his mother not solely used by his mother as a dependent - Defendant failed to put his allegations to plaintiff's witness during cross-examination - Whether defendant's allegations were mere speculation - Whether dependency claim should be allowed

ROAD TRAFFIC: Negligence - Road accident - Ascertaining liability - Collision between motorcycle and motorcar - Conflicting testimony - Absence of any independent eye witnesses - Vehicles traveling in same direction - Defendant's motorcar intended to turn left at intersection - Damage to motorcar was only to left side view mirror - Existence of skid marks caused by plaintiff's motorcycle - Signal was given at a short distance by defendant - Whether it was reasonable to conclude that defendant had yet to make turn to left - Whether plaintiff was at rear of defendant's motorcar - Whether act of giving a signal at a short distance was itself negligent - Whether plaintiff was traveling too fast to take any evasive action - Whether apportionment of liability for negligence on an equal basis was justified


CLJ 2016 Volume 9 (Part 3)

FEDERAL COURT

Pendaftar Hakmilik, Pejabat Pendaftaran Wilayah Persekutuan Kuala Lumpur & Anor v. Poh Yang Hong
Zulkefli Ahmad Makinudin CJ (Malaya), Suriyadi Halim Omar, Hasan Lah, Ramly Ali, Balia Yusof Wahi FCJJ
(Land Law; Tort - Registrar of Titles - Statutory duties - Breach) [2016] 9 CLJ 297 [FC]

COURT OF APPEAL

Al Baik Fast Food Distribution Co SAE v. El Baik Food Systems Co SA & Another Appeal
Hamid Sultan Abu Backer, Prasad Sandosham Abraham, Asmabi Mohamad JJCA
(Intellectual Property - Trade marks - Registered trade mark - Expungement and removal of) [2016] 9 CLJ 310 [CA]

Hasran Mohmed Yusof (As Administrator Of The Estate Of Zakaria Abdul Raof, Deceased) v. Tian Siang Orchard Sdn Bhd
Abang Iskandar, Varghese George, Nallini Pathmanathan JJCA
(Land Law - Malay reservations - Dealings in land) [2016] 9 CLJ 361 [CA]

Mohd Iftitah Ismail (As Administrator Of The Estate Of Ismail Barliar, Deceased) v. Dato' Hasan Malek
Hamid Sultan Abu Backer, Umi Kalthum Abdul Majid, Badariah Sahamid JJCA
(Trusts - Resulting trust - Purchase of land in name of another) [2016] 9 CLJ 379 [CA]

Tetuan Abdul Aziz & Associates v. Sunshine Haven Sdn Bhd
Vernon Ong Lam Kiat, Abdul Rahman Sebli, Ab Karim Ab Jalil JJCA
(Legal Profession; Tort - Duty of care - Professional negligence) [2016] 9 CLJ 385 [CA]

HIGH COURT

Crane Port Systems Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
Asmabi Mohamad JCA
(Revenue Law; Civil Procedure - Income tax - Assessment - Appeal against) [2016] 9 CLJ 401 [HC]

Mohd Roslan Muhammad v. Timbalan Menteri Dalam Negeri, Malaysia & Ors
Mohd Firuz Jaffril JC
(Criminal Procedure - Habeas corpus - Detention) [2016] 9 CLJ 411 [HC]

Persekutuan Pengakap Malaysia & Satu Lagi lwn. Ikatan Asas Sdn Bhd & Yang Lain
Che Mohd Ruzima Ghazali H
(Undang-undang Tanah - Pindah milik - Penipuan) [2016] 9 CLJ 422 [HC]

PP v. Nazariman Bujang & Anor
Ismail Brahim JC
(Criminal Law; Evidence - Penal Code - Section 395 - Committing gang robbery) [2016] 9 CLJ 437 [HC]

SUBJECT INDEX

CIVIL PROCEDURE

Jurisdiction - High Court - Application to High Court for permission to appeal against deciding order of Special Commissioners of Income Tax - Whether jurisdiction limited to questions of law - Whether application an abuse of court process
Crane Port Systems Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
(Asmabi Mohamad JCA) [2016] 9 CLJ 401 [HC]

CRIMINAL LAW

Penal Code - Section 395 - Committing gang robbery - Identification parade - Conduct of - Whether identification of suspects done under difficult conditions - Small number of participants arranged for parade - Whether accused persons prejudiced - Whether requirements in PP v. Jamal Sahmad complied with - Circumstantial evidence - Components of stolen motorcycle found near accused persons' premises - Whether sufficient to hold accused persons in possession of stolen components - Whether there was lack of crucial information and evidence to link accused to discovery - Evidence Act 1950, s. 114(a)
PP v. Nazariman Bujang & Anor
(Ismail Brahim JC) [2016] 9 CLJ 437 [HC]

CRIMINAL PROCEDURE

Habeas corpus - Detention - Applicant detained pursuant to s. 6 of Dangerous Drugs (Special Preventive Measures) Act 1985 - Whether procedure for detention regular and in order - Whether there was proper service of detention order - Whether applicant understood reasons behind detention - Whether relevant laws, regulations and procedures complied with - Whether writ of habeas corpus ought to be issued
Mohd Roslan Muhammad v. Timbalan Menteri Dalam Negeri, Malaysia & Ors
(Mohd Firuz Jaffril JC) [2016] 9 CLJ 411 [HC]

EVIDENCE

Identification of parade - Conduct of - Whether identification of suspects done under difficult conditions - Small number of participants arranged for parade - Whether accused persons prejudiced - Whether requirements in PP v. Jamal Sahmad complied with
PP v. Nazariman Bujang & Anor
(Ismail Brahim JC) [2016] 9 CLJ 437 [HC]

Circumstantial evidence - Gang robbery - Components of stolen motorcycle found near accused persons' premises - Whether sufficient to hold accused persons in possession of stolen components - Whether there was lack of crucial information and evidence to link accused to discovery - Evidence Act 1950, s. 114(a)
PP v. Nazariman Bujang & Anor
(Ismail Brahim JC) [2016] 9 CLJ 437 [HC]

INTELLECTUAL PROPERTY

Trade marks - Registered trade mark - Expungement and removal of - Application for - Rightful owner of trade mark - Whether established - Non-use of trade mark by Saudi company - Saudi company had never operated business in Malaysia in relation to trade marks while Egyptian company operating business in Malaysia using said trade mark - Whether Egyptian company acquired distinctive goodwill and reputation - McLaren's test - Whether threshold requirement of aggrieved person satisfied - Saudi company failed to show it had genuine and present intention to use marks in course of trade in Malaysia - Whether Saudi company's trade mark ought to be expunged or removed - Trade Marks Act 1976, ss. 45 & 46
Al Baik Fast Food Distribution Co SAE v. El Baik Food Systems Co SA & Another Appeal
(Hamid Sultan Abu Backer, Prasad Sandosham Abraham, Asmabi Mohamad JJCA) [2016] 9 CLJ 310 [CA]

LAND LAW

Agreement - Validity of - Whether valid and binding on plaintiff - Dealings in land - Defendant's right to occupy and use land - Whether land a Malay Reserve Land - Whether transaction with intention to divest ownership of Malay Reserve Land to non-Malay void - Whether trial judge erred in relying on records of witness from official department to conclude on status of land - Whether there was evidence that land had been duly gazetted as Malay Reserve Land - Malay Reservation Enactment (FMS Cap 142), s. 3 - Whether defendant established equitable right to occupy and use land - Whether plaintiff estopped from denying defendant's right to occupy and use land
Hasran Mohmed Yusof (As Administrator Of The Estate Of Zakaria Abdul Raof, Deceased) v. Tian Siang Orchard Sdn Bhd
(Abang Iskandar, Varghese George, Nallini Pathmanathan JJCA) [2016] 9 CLJ 361 [CA]

Malay reservations - Dealings in land - Transaction with intention to divest ownership of Malay Reserve Land to non-Malay - Whether void - Whether land a Malay Reserve Land - Whether trial judge erred in relying on records of witness from official department to conclude on status of land - Whether there was evidence that land had been duly gazetted as Malay Reserve Land - Malay Reservation Enactment (FMS Cap 142), s. 3 - Whether defendant established equitable right to occupy and use land - Whether plaintiff estopped from denying defendant's right to occupy and use land
Hasran Mohmed Yusof (As Administrator Of The Estate Of Zakaria Abdul Raof, Deceased) v. Tian Siang Orchard Sdn Bhd
(Abang Iskandar, Varghese George, Nallini Pathmanathan JJCA) [2016] 9 CLJ 361 [CA]

Registrar of Titles - Statutory duties - Breach - Maintenance of records in Registrar of Titles - Inaccurate records - Incorrect and inaccurate records relied upon by purchaser in purchase of land resulting in losses - Whether Registrar of Titles owed duty of care to purchaser - Whether guilty of negligence at common law - Whether liable in damages - Whether only liable in damages if purchaser made and relied on 'an official search' as against 'a private search' - National Land Code, ss. 22, 384, 385, 386
Pendaftar Hakmilik, Pejabat Pendaftaran Wilayah Persekutuan Kuala Lumpur & Anor v. Poh Yang Hong
(Zulkefli Ahmad Makinudin CJ (Malaya), Suriyadi Halim Omar, Hasan Lah, Ramly Ali, Balia Yusof Wahi FCJJ) [2016] 9 CLJ 297 [FC]

Registrar of Titles - Statutory duties - Whether to maintain proper register of all lands caused to be registered at Registry - Whether to ensure that records and particulars in Register of Titles correct and accurate - Registering same land under two different title numbers and two different owners - Whether in breach of statutory duty - Whether guilty of negligence at common law - National Land Code, ss. 22, 384, 385, 386
Pendaftar Hakmilik, Pejabat Pendaftaran Wilayah Persekutuan Kuala Lumpur & Anor v. Poh Yang Hong
(Zulkefli Ahmad Makinudin CJ (Malaya), Suriyadi Halim Omar, Hasan Lah, Ramly Ali, Balia Yusof Wahi FCJJ) [2016] 9 CLJ 297 [FC]

LEGAL PROFESSION

Duty of care - Professional negligence - Solicitors acting in transaction for sale and purchase of land - Solicitors continued to act for vendor although subsequently not retained - Whether actions of solicitors fell far short of accepted standards of good conveyancing practice - Whether purchaser within solicitor's contemplation likely to be injured by acts or omissions - Whether there was sufficient proximity for duty of care
Tetuan Abdul Aziz & Associates v. Sunshine Haven Sdn Bhd
(Vernon Ong Lam Kiat, Abdul Rahman Sebli, Ab Karim Ab Jalil JJCA) [2016] 9 CLJ 385 [CA]

REVENUE LAW

Income tax - Assessment - Appeal against - Non-attendance on date fixed for mention of case - Dismissal of appeal on grounds of non-attendance by Special Commissioners of Income Tax (SCIT) - Application to High Court for permission to appeal against deciding order of Special Commissioners of Income Tax - High Court's jurisdiction in income tax cases - Whether limited to questions of law - Whether application an abuse of court process - Income Tax Act 1967, Sch 5 para 39
Crane Port Systems Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
(Asmabi Mohamad JCA) [2016] 9 CLJ 401 [HC]

TORT

Negligence - Breach of statutory duty - Damages - Whether common law duty of care could arise in performance of statutory function
Pendaftar Hakmilik, Pejabat Pendaftaran Wilayah Persekutuan Kuala Lumpur & Anor v. Poh Yang Hong
(Zulkefli Ahmad Makinudin CJ (Malaya), Suriyadi Halim Omar, Hasan Lah, Ramly Ali, Balia Yusof Wahi FCJJ) [2016] 9 CLJ 297 [FC]

Negligence - Professional negligence - Solicitors acting in transaction for sale and purchase of land - Solicitors continued to act for vendor although subsequently not retained - Whether actions of solicitors fell far short of accepted standards of good conveyancing practice - Whether purchaser within solicitor's contemplation to be likely injured by acts or omissions - Whether there was sufficient proximity for duty of care
Tetuan Abdul Aziz & Associates v. Sunshine Haven Sdn Bhd
(Vernon Ong Lam Kiat, Abdul Rahman Sebli, Ab Karim Ab Jalil JJCA) [2016] 9 CLJ 385 [CA]

TRUSTS

Resulting trust - Purchase of land in name of another - Land purchased using monies from several sources - Whether there was sufficient evidence to establish intention to create resulting trust
Mohd Iftitah Ismail (As Administrator Of The Estate Of Ismail Barliar, Deceased) v. Dato' Hasan Malek
(Hamid Sultan Abu Backer, Umi Kalthum Abdul Majid, Badariah Sahamid JJCA) [2016] 9 CLJ 379 [CA]

INDEKS PERKARA

UNDANG-UNDANG TANAH

Pindah milik - Penipuan - Tiga transaksi pindah milik tanah berlaku dalam dua minggu tanpa pengetahuan pemilik tanah - Sama ada tandatangan dan sijil setem pada dokumen pindah milik sah - Sama ada tanda tangan dan sijil setem dipalsukan - Sama ada transaksi pindah milik sah - Sama ada pembeli terakhir boleh berlindung di bawah s. 340 Kanun Tanah Negara - Sama ada pembeli terakhir mempunyai hak milik tidak boleh disangkal
Persekutuan Pengakap Malaysia & Satu Lagi lwn. Ikatan Asas Sdn Bhd & Yang Lain
(Che Mohd Ruzima Ghazali H) [2016] 9 CLJ 422 [HC]


ARTICLES

LNS Article(s)

  1. THE UNITY OF LAW - OR THE DANGERS OF OVER-SPECIALISATION* [Read excerpt]
    by: SIR RABINDER SINGH [2016] 1 LNS(A) xciv

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

    THE UNITY OF LAW - OR THE DANGERS OF OVER-SPECIALISATION*
    by
    SIR RABINDER SINGH

    I am honoured to be invited to deliver this year’s Centenary lecture. At the start of my career I was briefly an academic lawyer and was a member of the Society of Public Teachers of Law, as this society was then known. So it is a particular pleasure to be here this evening.

    Many of you will know the story, said to originate in India, about the three blind men who were asked to describe an elephant. The first man was able to touch only the side of the elephant and said that an elephant is shaped like a wall. The second man could only touch a leg and said that an elephant was like a pillar. The third man could only handle the tail and said that an elephant was like a rope. Each was doing his best and none was inaccurate about what he could describe.

    This brings me to the theme of my lecture, which is to suggest that we need as lawyers to be able to see the bigger picture, to keep any eye on the overall unity of law, a bird’s eye view as it were. One of the ways in which we can do that is to integrate so far as possible the academic discipline of law and legal practice.

    . . .

    * Sir Rabinder Singh, Judge of the High Court of Justice, Queens’ Bench Division, Society Of Legal Scholars Centenary Lecture At The University Of Birmingham (28 November 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/sir-rabinder-singh-speech-society-legal-scholars-centenary-lecture-28112013.pdf).


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  3. MALAYSIA AND THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA: 20 YEARS IN THE MAKING [Read excerpt]
    by: SHAUN KANG* [2016] 1 LNS(A) xcv

  4. [2016] 1 LNS(A) xcv
    logo
    MALAYSIA

    MALAYSIA AND THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA:
    20 YEARS IN THE MAKING

    by
    SHAUN KANG*

    The United Nations Convention on the Law of the Sea (“UNCLOS”) is heralded as the “Constitution for the Oceans”. Its significance to all States and users of the sea is clear and indisputable. To date, 168 States Parties have ratified the Convention, signifying its global acceptance. Malaysia ratified the Convention over twenty years ago and operates within the legal framework established by UNCLOS. One of the hallmark provisions of UNCLOS is its dispute settlement mechanism which had been relied upon by Malaysia to resolve a dispute with Singapore. This article will briefly introduce UNCLOS and discuss its significance, with a focus on its dispute settlement mechanism. In so doing, the article will recall the 2003 Land Reclamation Case involving Malaysia and Singapore. The paper concludes with a belief that UNCLOS will continue to be relevant to Malaysia in safeguarding its interest and rights through the many years to come.

    I.      Introduction

    International law establishes an international legal order derived in part from the litany of multilateral and bilateral treaties concluded by states.[1] These instruments, treaties, and conventions set out rules that govern the conduct of sovereign states in areas including trade, intellectual property, defence, security, shipping, and other matters relating to the oceans. International law also provides for the “principles and modalities governing the peaceful settlement of disputes between states”.[2]

    . . .

    * Shaun Kang LL.M. (Singapore), LL.B. ( Reading), CLP is Research Associate at the Centre for International Law, National University of Singapore (NUS).


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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) 294/2016 Customs (Amendment) (No. 5) Regulations 2016 16 November 2016 17 November 2016 PU(A) 162/1977
PU(A) 293/2016 Communications and Multimedia (Numbering) Regulations 2016 - Corrigendum 15 November 2016 16 November 2016 PU(A) 236/2016
PU(A) 292/2016 Customs Duties (Exemption) (Amendment) (No. 5) Order 2016 9 November 2016 10 November 2016 PU(A) 371/2013
PU(A) 291/2016 Audit (Amendment of First Schedule) Order 2016 9 November 2016 1 July 2016 ACT 62
PU(A) 290/2016 Local Speed Limit (Federal Roads) (West Malaysia) (Amendment) Order 2016 9 November 2016 10 November 2016 PU(A) 462/1991

PU(B)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(B) 472/2016 Appointment and Revocation of Appointment of Director General of The Authority 16 November 2016 30 June 2016 ACT 85
PU(B) 471/2016 Notice of New Valuation List 2017 For The Federal Territory of Putrajaya 16 November 2016 17 November 2016 ACT 171
PU(B) 470/2016 Appointment of Deputy Public Prosecutor 15 November 2016 18 July 2016 ACT 593
PU(B) 469/2016 Notice Under Section 70 Road Transport Act 1987 15 November 2016 16 November 2016 ACT 333
PU(B) 468/2016 Notice Under Section 70 Road Transport Act 1987 15 November 2016 16 November 2016 ACT 333

Legislation Alert

Updated

Act/Principal No. Title Amended by In force from Section amended
PU(A) 412/1993 Malaysia-Thailand Joint Authority (Terms and Conditions of Appointment of Co-Chairman and Other Members of the Authority) Regulations 1993 PU(A) 268/2016 1 July 2016 Schedule
ACT 62 Audit Act 1957 (Revised 1972) PU(A) 291/2016 1 July 2016 First Schedule
PU(A) 371/2013 Customs Duties (Exemption) Order 2013 PU(A) 292/2016 10 November 2016 Schedule
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

 

Revoked

 

Act/Principal No. Title Revoked by In force from
PU(B) 27/2015 Appointment and Revocation of Appointment of Registrar of Credit Reporting Agencies PU(B) 463/2016 16 March 2016
PU(A) 61/2010 Federal Roads (Private Management) (Collection of Tolls) (Kajang-Seremban Highway) Order 2010 PU(A) 264/2016 19 October 2016
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