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CLJ Bulletin, Issue 2016, Vol 47
24 November 2016


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New This Week

1. Case(s) of the Week

  1. DAMIEN THANAM DIVEAN v. CSC MALAYSIA SDN BHD [2016] 9 CLJ 539

  2. PP lwn. ABD HALIL HAMZAH [2016] 2 SMC 45

2. Latest Cases

  1. Legal Network Series

  2. CLJ 2016 Volume 9 (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

DAMIEN THANAM DIVEAN v. CSC MALAYSIA SDN BHD [2016] 9 CLJ 539
HIGH COURT MALAYA, KUALA LUMPUR
SU GEOK YIAM J
[JUDICIAL REVIEW NO: 25-35-02-2015]
20 MAY 2016

ADMINISTRATIVE LAW: Judicial review - Certiorari - Application to quash award of Industrial Court - Chain of events leading to dismissal of employee -  Issuance of warning letters after employee chaired union meeting - Change in employee's designation - Whether done with ulterior motive - Whether employee's dismissal from employment done with just cause and excuse - Whether proper case warranting judicial review intervention

LABOUR LAW: Dismissal - Misconduct - Chain of events leading to dismissal of employee - Issuance of warning letters after employee chaired union meeting - Change in employee's designation - Whether done with ulterior motive -  Whether employee's dismissal from employment done with just cause and excuse -  Whether proper case warranting judicial review intervention


PP lwn. ABD HALIL HAMZAH [2016] 2 SMC 45
MAHKAMAH MAJISTRET, SEREMBAN
SITI KHAIRIAH ABDUL RAZAK Mj
[KES NO: 82D-17-12-14]
29 FEBRUARI 2016

UNDANG-UNDANG JENAYAH: Akta Dadah Berbahaya 1952 - Seksyen 15(1)(a) - Memberikan kepada diri sendiri dadah berbahaya jenis methamphetamine - Prosedur yang diikuti semasa ujian saringan air kencing dibuat - Sama ada mematuhi kehendak peruntukan undang-undang sedia ada - Sama ada ubat-ubatan tertuduh mengandungi dadah berbahaya - Sama ada pembelaan tertuduh suatu fikiran kemudian - Sama ada pembelaan tertuduh disokong oleh keterangan lain - Sama ada keterangan saksi pendakwaan konsisten - Sama ada anggapan di bawah s. 37(k) berjaya dipatahkan - Sama ada keraguan munasabah terhadap kes pendakwaan berjaya dibangkitkan - Hukuman - Sama ada hukuman berbentuk denda maksimum adalah berpatutan dan munasabah

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LATEST CASES

Legal Network Series

[2015] 1 LNS 683

PACHIAPPAN RENGASAMY & YANG LAIN lwn. JAIYA ABU & YANG LAIN; SIVANESAN RAMIAH & YANG LAIN (PIHAK KETIGA)

PROSEDUR SIVIL: Penghinaan mahkamah - Kemungkiran perintah mahkamah - Perintah dikomitkan ke penjara - Kegagalan menunaikan janji setelah diberi banyak masa dan peluang - Kegagalan menghadiri tunjuk sebab - Kegagalan menghadiri mahkamah selepas amaran terakhir - Ketidakmampuan membayar denda - Sama ada terdapat pengingkaran perintah mahkamah - Sama ada pengingkaran terhadap perintah mahkamah merupakan suatu kesalahan penghinaan mahkamah - Sama ada hukuman penjara adalah wajar dan memadai apabila hukuman denda tidak mampu dibayar - Kaedah-Kaedah Mahkamah 2012, A. 52 k. 2B

[2015] 1 LNS 759

RUSLAN ALI lwn. RASHID ALI

UNDANG-UNDANG TANAH: Kaveat - Pembatalan - Pembatalan kaveat persendirian - Kepentingan berkaveat - Kedudukan defendan sebagai waris - Kaveat dimasukkan oleh waris keatas hartanah simati - Pindah milik hartanah keatas nama plaintif telah terbukti dilakukan tanpa kerelaan simati - Sama ada waris kepada harta simati mempunyai kepentingan berkaveat keatas hartanah

UNDANG-UNDANG TANAH: Pindah milik - Kesahihan - Dakwaan tanah dipindah milik keatas nama satu waris secara hibah - Pertikaian berkenaan transaksi pindah milik - Pemilik berdaftar telah meninggal dunia - Kewujudan arahan pemilik berdaftar untuk memasukkan kaveat keatas geran tanah sebelum meninggal dunia - Sama ada pindah milik tanah telah dibuat secara sukarela oleh pemilik berdaftar - Sama ada pindah milik tanah sah

[2016] 1 LNS 44

MUHAMAD SYAFIQ ROZAIDI v. MOHD RASHIDDIN JOHARI

DAMAGES: Appeal - Appeal against award made - Special damages - Partial loss of future earnings - Assessment of damages - Loss of earnings awarded despite absence of evidence on plaintiff's net income - Witness called had no personal knowledge of plaintiff's earning - Whether a claim for loss of earnings must be pleaded and specifically proved - Whether a party seeking recovery of loss of earnings must provide adequate proof - Whether trial judge was right in assessing multiplicand - Whether multiplicand assessed by trial judge was excessive

[2016] 1 LNS 72

RE: KHOR BOON HOCH; EX-PARTE: TONG BENG HAN

BANKRUPTCY: Setting aside - Application to set aside - Setting aside of bankruptcy notice and creditor's petition - Bankruptcy proceeding premised upon a judgment - Judgment debtor alleged a settlement agreement existed between parties that precluded judgment creditor from proceeding with bankruptcy action - Absence of concluded settlement agreement between parties - Whether judgment creditor was precluded from relying on judgment

BANKRUPTCY: Notice - Setting aside - Setting aside on ground of defective service of bankruptcy notice - Judgment creditor's affidavit of service not challenged - Whether there was breach of rr. 97, 109, & 111 of Bankruptcy Rules 1969 concerning service of bankruptcy notice - Whether judgment debtor's allegation was a mere bare denial

BANKRUPTCY: Notice - Setting aside - Setting aside of bankruptcy notice on ground of lack of authority by judgment creditor to initiate bankruptcy proceeding - Capacity of judgment creditor as executor of an estate - Whether executor of an estate could initiate bankruptcy proceedings to recover debt due to deceased

BANKRUPTCY: Notice - Setting aside - Procedures and principle - Application to set aside through an affidavit - Ground for setting aside premised on allegation of excessive sum demanded in bankruptcy notice - Judgment debtor's affidavit not served within stipulated seven days - Whether an affidavit could operate as an application to set aside a bankruptcy notice - Whether judgment debtor's affidavit revealed that judgment debtor had a counterclaim, set off or cross demand against judgment creditor which equaled or exceeded amount of judgment debt

[2016] 1 LNS 75

PP v. BASIL AZUBUEZE OKAFOR

CRIMINAL LAW: Dangerous drugs - Trafficking - Methamphetamine weighing 528.2g - Accused was arrested at arrival hall - Drugs were concealed in abdomen of accused - Dangerous drugs contained in capsules lodged inside body of accused - Whether accused had necessary knowledge that what was in his body was dangerous drugs - Whether accused had physical custody and control of drugs that he swallowed - Whether there was actual possession of dangerous drugs - Whether presumption of trafficking under s. 37(da)(xvi) of Dangerous Drugs Act 1952 established

CRIMINAL PROCEDURE: Prosecution - Prosecution's case - Allegation of break in chain of exhibits - Markings on exhibits faded - Tear in envelope after completion of drug analysis - Contents of search list not translated in simple English - Whether exhibits had been tampered with - Whether there was break in chain of exhibits - Whether any doubt that exhibits produced in court were different from exhibits seized from accused - Whether difference in weight of drugs ipso facto could cast doubt as to identity of exhibits - Whether there was obligation to explain meaning and contents in search list to accused - Whether non-production of x-rays in court was fatal to prosecution's case

CRIMINAL PROCEDURE: Defence - Denial - Offence of trafficking dangerous drugs - Drugs found inside abdomen of accused - Allegation that accused did not know capsules swallowed by him contained drugs - Accused voluntarily swallowed capsules after being told that capsules were sports enhancing medicine - Wilful blindness - Accused failed to take further step to find out nature of substance swallowed - Whether act of voluntarily swallowing capsules would entitle court to make fair inference that accused had knowledge that what he ingested were dangerous drugs - Whether wilful blindness on part of accused could entitle court to make finding that accused had knowledge of nature of substance and therefore was in possession of drugs - Whether accused raised a reasonable doubt in prosecution's case


CLJ 2016 Volume 9 (Part 4)

COURT OF APPEAL

Cheah Swee Huat & Anor v. Hun Meng Development Sdn Bhd
Mohd Zawawi Salleh, Varghese George, Badariah Sahamid JJCA
(Contract - Development of lands - Refusal of land owner to surrender title deed to developer for subdivision of land - Whether a condition to be complied with before construction works could commence - Whether amounted to breach of contract) [2016] 9 CLJ 449 [CA]

NZ New Image Sdn Bhd v. Loh Yok Liang
Mohd Hishamudin Yunus, Umi Kalthum Abdul Majid, Idrus Harun JJCA
(Contract - Sale and purchase of shares - Whether appellant had knowledge that company had been wound up - Whether appellant entitled to rely on omnibus prayer for further reliefs) [2016] 9 CLJ 474 [CA]

The State Government Of Sabah & Anor v. Ab Rauf Mahajud & Other Appeals
Ramly Ali FCJ, Anantham Kasinather, Abdul Aziz Abdul Rahim JJCA)
(Land Law; Native Law And Custom - Authority to occupy land - Right to collect turtle eggs - Declaration of Island as protected area - Whether extinguished NCR over land) [2016] 9 CLJ 493 [CA]

Wawasan Dengkil Properties Sdn Bhd & Ors v. Khoo Peng Lai & Ors
Rohana Yusuf, Idrus Harun, Mary Lim JJCA
(Civil Procedure - Amended order - Setting aside) [2016] 9 CLJ 517 [CA]

HIGH COURT

Damien Thanam Divean v. CSC Malaysia Sdn Bhd
Su Geok Yiam J
(Administrative Law; Labour Law - Chain of events leading to dismissal of employee - Whether done with ulterior motive - Whether proper case warranting judicial review intervention)[2016] 9 CLJ 539 [HC]

Kraft Foods Schweiz Holding GmbH v. Pendaftar Cap Dagangan
Wong Kian Kheong JC
(Limitation - Application to register trade mark refused by Registrar of Trade Marks ('Registrar') - Application to Registrar for extension of time to appeal to High Court pending Registrar's refusal - Originating summons filed out of time) [2016] 9 CLJ 558 [HC]

PP v. Hassan Ali Abdul Razak
Zulkifli Bakar J
(Criminal Procedure - Possession of dangerous weapon without lawful excuse - Adequacy of sentence) [2016] 9 CLJ 584 [HC]

Re Liew Choo; Ex p Chuah Teng Heng
Mohd Nazlan Ghazali JC
(Bankruptcy - Notice - Dispute as to amount claimed in bankruptcy notice) [2016] 9 CLJ 598 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial review - Certiorari - Application to quash award of Industrial Court - Chain of events leading to dismissal of employee - Issuance of warning letters after employee chaired union meeting - Change in employee's designation - Whether done with ulterior motive - Whether employee's dismissal from employment done with just cause and excuse - Whether proper case warranting judicial review intervention
Damien Thanam Divean v. CSC Malaysia Sdn Bhd
(Su Geok Yiam J) [2016] 9 CLJ 539 [HC]

BANKRUPTCY

Notice - Setting aside - Dispute as to amount claimed in bankruptcy notice - Application to set aside bankruptcy notice after seven days by way of summons in chambers - Whether defective - Whether compliance with 3(2)(ii) of Bankruptcy Act 1967 mandatory - Whether defect curable by s. 131 of Bankruptcy Act
Re Liew Choo; Ex p Chuah Teng Heng
(Mohd Nazlan Ghazali JC) [2016] 9 CLJ 598 [HC]

Notice - Setting aside - Dispute as to amount claimed in bankruptcy notice - Bankruptcy notice founded on single judgment and five orders on costs - Whether bankruptcy notice violated r. 91(2) and (3) of Bankruptcy Rules 1969
Re Liew Choo; Ex p Chuah Teng Heng
(Mohd Nazlan Ghazali JC) [2016] 9 CLJ 598 [HC]

CIVIL PROCEDURE

Judgments and orders - Amended order - Setting aside - Terms and effect of amended order extended to appellants - Whether amendments sought applicable to appellants - Res Judicata - Whether applicable - Rule in Turquand's case - Whether appellants allowed to rely on public company documents as representing truth of ownership of company - Whether there was violation of rules of natural justice as appellants were not heard before order was made - Whether parties must be available at time of making of any order - Whether amended order made under erroneous conditions - Whether appellants prejudiced by lack of fair play - Whether fit case for setting aside - Whether impeachment of amended order made out under principles laid down in Badiaddin Mohd Mahidin & Anor v. Arab Malaysian Finance Bhd
Wawasan Dengkil Properties Sdn Bhd & Ors v. Khoo Peng Lai & Ors
(Rohana Yusuf, Idrus Harun, Mary Lim JJCA) [2016] 9 CLJ 517 [CA]

CONTRACT

Agreement - Breach - Allegation of - Development of lands - Refusal of land owner to surrender title deed to developer for subdivision of land - Whether a condition to be complied with before construction works could commence - Whether condition for performance of contract duly satisfied - Whether agreement valid and binding - Whether land owner obliged to hand over title deed as directed by land authorities - Whether land owner's refusal to surrender title deed justified - Whether there was enforceable contract in existence - Whether there was breach of contract
Cheah Swee Huat & Anor v. Hun Meng Development Sdn Bhd
(Mohd Zawawi Salleh, Varghese George, Badariah Sahamid JJCA) [2016] 9 CLJ 449 [CA]

Agreement - Breach - Damages - Claim for - Quantum of damages - Assessment and mitigation - Development of lands - Forseeable loss - Whether remote and did not arise from breach of contract - Whether plaintiff entitled to compensation with respect to likely abandonment of project - Whether anticipated gain from development project fell within losses under breached agreement - Whether expenses recoverable subject to proper and sufficient proof of loss - Contracts Act 1950, s. 74(1) & (2)
Cheah Swee Huat & Anor v. Hun Meng Development Sdn Bhd
(Mohd Zawawi Salleh, Varghese George, Badariah Sahamid JJCA) [2016] 9 CLJ 449 [CA]

Specific performance - Agreement - Sale and purchase of shares - Whether transaction void - Whether appellant had knowledge that company had been wound up - Whether appellant should have applied for leave of winding up court before proceeding with action to transfer shares - Whether transfer of shares sanctioned by court - Whether transfer of shares prohibited under s. 223 of Companies Act 1965 - Whether order of specific performance granted - Failure to seek alternative remedy for damages - Whether appellant entitled to rely on omnibus prayer for further reliefs - Specific Relief Act 1950, s. 18
NZ New Image Sdn Bhd v. Loh Yok Liang
(Mohd Hishamudin Yunus, Umi Kalthum Abdul Majid, Idrus Harun JJCA) [2016] 9 CLJ 474 [CA]

CRIMINAL PROCEDURE

Sentence - Adequacy - Possession of dangerous weapon without lawful excuse - Pleading guilty - Imposition of fine sentence - Whether inadequate and improper - Whether additionally deserving custodial sentence - Corrosive and Explosive Substances and Offensive Weapons Act 1958, s. 6(1)
PP v. Hassan Ali Abdul Razak
(Zulkifli Bakar J) [2016] 9 CLJ 584 [HC]

LABOUR LAW

Dismissal - Misconduct - Chain of events leading to dismissal of employee - Issuance of warning letters after employee chaired union meeting - Change in employee's designation - Whether done with ulterior motive - Whether employee's dismissal from employment done with just cause and excuse - Whether proper case warranting judicial review intervention
Damien Thanam Divean v. CSC Malaysia Sdn Bhd
(Su Geok Yiam J) [2016] 9 CLJ 539 [HC]

LAND LAW

Native customary rights ('NCR') - Right to collect turtle eggs - Whether NCR under Sabah Land Ordinance - Activity of seasonal nature - Whether justified claim of continuous occupation - Declaration of Island as protected area - Whether extinguished NCR over land
The State Government Of Sabah & Anor v. Ab Rauf Mahajud & Other Appeals
(Ramly Ali FCJ, Anantham Kasinather, Abdul Aziz Abdul Rahim JJCA) [2016] 9 CLJ 493 [CA]

NATIVE LAW AND CUSTOM

Native customary right ('NCR') - Authority to occupy land - Right to collect turtle eggs - Whether NCR under Sabah Land Ordinance - Activity of seasonal nature - Whether justified claim of continuous occupation - Declaration of Island as protected area - Whether extinguished NCR over land
The State Government Of Sabah & Anor v. Ab Rauf Mahajud & Other Appeal
(Ramly Ali FCJ, Anantham Kasinather, Abdul Aziz Abdul Rahim JJCA) [2016] 9 CLJ 493 [CA]

LIMITATION

Expiry of period - Extension - Application to register trade mark refused by Registrar of Trade Marks ('Registrar') - Application to Registrar for extension of time to appeal to High Court pending Registrar's refusal - Registrar gave two-month extension of time - Originating summons filed out of time - Rules of Court 2012, O. 87 r. 3
Kraft Foods Schweiz Holding GmbH v. Pendaftar Cap Dagangan
(Wong Kian Kheong JC) [2016] 9 CLJ 558 [HC]


ARTICLES

LNS Article(s)

  1. ARBITRATION CLAUSE IN ISLAMIC FINANCE FACILITIES* [Read excerpt]
    by: JUSTICE DATUK DR. HAJI HAMID SULTAN BIN ABU BACKER** [2016] 1 LNS(A) xcvii

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

    ARBITRATION CLAUSE IN ISLAMIC FINANCE FACILITIES*
    by
    JUSTICE DATUK DR. HAJI HAMID SULTAN BIN ABU BACKER**

    Assalamualaikum Warrahmatullahi Wabarakatuh

    Honourable jurists, students, ladies and gentlemen,

    My greetings to everyone. I thank you for your presence today. It is a pleasure and honour for me to be invited to share my thoughts with you on the theme ‘Arbitration Clause in Islamic Finance Facilities’.[1]

    It is beyond doubt that Islamic Finance Facilities in the last few decades are progressing in leaps and bounds globally, not in arithmetical but geometrical progression.[2] There are no shortages of literature to say that the products offered by Islamic financial institutions in regulated markets are vetted by the Sharīʿah Committee to ensure it is Sharīʿah compliant.[3] This is a commendable effort of the Sharīʿah scholars which we must all applaud but it appears there is more to be done to fully integrate the Islamic finance industry into the global financial system.

    The question which I would like to pose here is whether Islamic finance facilities are truly Sharīʿah compliant when arbitration as a mode of dispute resolution is not set out in the facilities, particularly when the facilities are issued in countries where Sharīʿah is not the governing law of the country.[4]

    . . .

    * Paper presented on 18-10-2016 at Doha Centre for Islamic Economics and Finance, Qatar Faculty of Islamic Studies, Hamad bin Khalifa University and dedicated to its faculty members and students and also the students and faculty members of DSNLU. Copyright @ Hamid Sultan bin Abu Backer with consent to all to publish this paper. And a note of thanks to Advocates Nizam Bashir, Arunachalam Kasi, Thayananthan Baskaran and jurist Dr. Umar A. Oseni for their suggestions.

    This paper must be read together with my paper titled "Malaysia As A Choice Jurisdiction For Dispute Resolution in the Global Islamic Finance Industry" delivered at the - The Learning Conference: International Islamic Banking & Finance Law 2016 — 27th April 2016, Kuala Lumpur which was reviewed by Dr. Umar A. Oseni; repeated as 5th Chapter in my book titled "International Arbitration: With a Commentary to Malaysian Arbitration Act 2005 - (2016).

    **Judge of the Court of Appeal Malaysia. He is an Honorary Visiting Professor of Damodaran Sanjivayya National Law University, Visakhapatnam, India; a barrister and a fellow of the Chartered Institute of Arbitrators. He is a graduate in Economics and also an honours and master degree holder from University of London in Insurance, Shipping and Sharīʿah Law. He also holds post graduate diplomas in Islamic Banking and Finance and also in Sharīʿah Law and Practice from International Islamic University Malaysia. He was a member of the Malaysian Bar Council for more than 6 years and has served as Chairman in various committees. He has been invited as a visiting Scholar of University of Sheffield in United Kingdom, and had spoken on Enforcement of Foreign Arbitral Awards in England at Chartered Institute of Arbitrators, City University of London, Attorney General Chambers Sri Lanka, Chennai Ambedkar University and DSLNU Visakhapatnam, India; and also participates in various other activities of Universities such as examiner of PhD thesis, external examiner, Guest Speaker, etc. He has written on various subjects, inclusive of Civil Procedure, Criminal Procedure, Evidence, Conveyancing, Islamic Banking, International and Domestic Arbitration and many more areas on commercial law. His books grace the libraries of law firms and the chamber of judges. His books are not only used as text books in all institutions of higher learning offering law, but also used by all who are involved in the practice and administration of law in Malaysia. His doctorate thesis was on Civil Procedure and Justice. He has written about one thousand judgments which cover most areas of the law.


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  3. MALAYSIA AS A CHOICE JURISDICTION FOR DISPUTE RESOLUTION IN THE GLOBAL ISLAMIC FINANCE INDUSTRY* [Read excerpt]
    by: JUSTICE DATUK DR. HAJI HAMID SULTAN BIN ABU BACKER** [2016] 1 LNS(A) xcviii

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

    MALAYSIA AS A CHOICE JURISDICTION FOR DISPUTE RESOLUTION
    IN THE GLOBAL ISLAMIC FINANCE INDUSTRY*

    by
    JUSTICE DATUK DR. HAJI HAMID SULTAN BIN ABU BACKER**

    Assalamualaikum warrahmatullahi wabarakatuh

    Honourable jurists, ladies and gentlemen,

    My greetings to everyone. I thank you for your presence today. It is a pleasure and honour for me to be invited to share my thoughts with you on the theme “Malaysia as a Choice Jurisdiction for Dispute Resolution in the Global Islamic Finance Industry”.

    Introduction

    In this paper, I will deal specifically with the feasibility of International and Domestic Islamic Arbitration based on Syariah Law within the framework of the Model Law 1985;[1] and propose laws to be amended for compulsory arbitration for agreements relating to Islamic Finance inclusive of Sukuk.

    It must be emphasised here that compulsory arbitration and/or conciliation in Syariah family matters is already in place in the Syariah Courts in Malaysia.[2]

    Facts and figures show that Malaysia is becoming a choice jurisdiction for dispute resolution in the field of International Arbitration after the Malaysian Arbitration Act 2005 (AA 2005) came into force with the excellent support service provided by the Kuala Lumpur Regional Centre for Arbitration (KLRCA) under the leadership of Prof. Datuk Dr. Sundra Rajoo, the Director of KLRCA, and also in consequence of arbitration-friendly courts in Malaysia. International and Domestic arbitration in Malaysia is growing not in arithmetical but in geometrical progression.[3]

    . . .

    * Paper presented at The Learning Conference: International Islamic Banking & Finance Law (IIBFL) 2016 on 26 and 27 April 2016 at St Giles, The Garden Grand Hotel & Residences, Kuala Lumpur. Paper dedicated to the learning of International and Domestic Islamic Arbitration. Copyright @ Hamid Sultan bin Abu Backer with consent to be published in law and arbitration related journals. The author wishes to thank advocates, Thaya Baskaran, Nizam Bashir, Arun Kasi, Raj Kumar and Court Registrars, Tuan Ahmad Izuddin Fajri (Islamic Scholar and Hafiz), Tuan Arun Noval Dass and Tuan Mohd Noor for their support and assistance in writing this paper.

    ** Judge of Court of Appeal Malaysia. He is an Honorary Visiting Professor of Damodaran Sanjivayya National Law University, Visakhapatnam, India; a barrister and a fellow of the Chartered Institute of Arbitrators. He is a graduate in Economics and also an honours and master degree holder from University of London in Insurance, Shipping and Syariah Law. He also holds post graduate diplomas in Islamic Banking and Finance and also in Syariah Law and Practice from International Islamic University Malaysia. He was a member of the Malaysian Bar Council for more than 6 years and has served as Chairman in various committees. He has been invited as a visiting Scholar of University of Sheffield in United Kingdom, and had spoken on Enforcement of Foreign Arbitral Awards in England at Chartered Institute of Arbitration, London as well as City University of London; and also participates in various other activities of Universities such as examiner of PhD thesis, external examiner, Guest Speaker, etc. He has written on various subjects, inclusive of Civil Procedure, Criminal Procedure, Evidence, Conveyancing, Islamic Banking, International and Domestic Arbitration and many more areas on commercial law. His books grace the libraries of law firms and the chamber of judges. His books are not only used as text books in all institutions of higher learning offering law, but also used by all who are involved in the practice and administration of law in Malaysia. His doctorate thesis was on Civil Procedure and Justice. He has written about one thousand judgments which covers most areas of the law and includes not less than 50 judgments on arbitration.


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LEGISLATION HIGHLIGHTS

Principal Acts

Number Title In force from Repealing
ACT 784 Scouts Association of Malaysia (Incorporation) Act 1968 (Revised 2016) 17 November 2016 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 1 November 2016; First enacted in 1968 as Act of Parliament No 38 of 1968; First Revision - 1989 (Act 409 wef 14 December 1989) -
ACT 783 Statutory Declarations Act 1960 (Revised 1960) 17 November 2016 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 1 November 2016; First enacted in 1960 as Act No 20 of 1960; First Revision - 1969 (Act No 13 wef 14 April 1970) -
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) -

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) 296/2016 Industrial Relations (Industrial Court Fees) Regulations 2016 18 November 2016 1 December 2016 ACT 177
PU(A) 295/2016 Income Tax (Deduction For Expenses In Relation To National Greenhouse Gas Reporting Programme) Rules 2016 17 November 2016 Year of assessment 2015 until the year of assessment 2017 ACT 53
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(B)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(B) 494/2016 Notification of Values of Palm Kernel Under Section 12 23 November 2016 24 November 2016 to 7 December 2016 ACT 235
PU(B) 493/2016 Notification of Values of Crude Petroleum Oil Under Section 12 23 November 2016 24 November 2016 to 7 December 2016 ACT 235
PU(B) 492/2016 Notice of Proposed Recommendations For Federal and State Constituencies In The State of Sabah As Reviewed By The Election Commission In 2016 22 November 2016 23 November 2016 ACT 000
PU(B) 491/2016 Notification of Values of Crude Palm Oil Under Section 12 21 November 2016 1 December 2016 to 31 December 2016 ACT 235
PU(B) 490/2016 Appointment of Deputy Public Prosecutor 21 November 2016 17 October 2016 ACT 593

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