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CLJ Bulletin, Issue 2016, Vol 4
28 January 2016


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New This Week

1. Case(s) of the Week

  1. CHIN KOOI NAH (SUING BY HERSELF AND AS NEXT OF KIN TO CHIN JIA NEE, AN INFANT) v.
    PENDAFTAR BESAR KELAHIRAN DAN KEMATIAN, MALAYSIA
     [2016] 1 CLJ 736

2. Latest Cases

  1. Legal Network Series

  2. CLJ 2016 Volume 1 (Part 5)

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

CHIN KOOI NAH (SUING BY HERSELF AND AS NEXT OF KIN TO CHIN JIA NEE, AN INFANT) v.
PENDAFTAR BESAR KELAHIRAN DAN KEMATIAN, MALAYSIA
[2016] 1 CLJ 736
HIGH COURT MALAYA, PULAU PINANG
COLLIN LAWRENCE SEQUERAH JC
[JUDICIAL REVIEW NO: 25-30-03-2014]
9 DECEMBER 2015

CHILDREN AND YOUNG PERSONS: Adoption - Citizenship - Whether adopted child should be registered as citizen of Malaysia - Acquisition of citizenship by operation of law - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution - Whether word 'parents' refer to legal and biological parents of child - Whether child must be born in Federation to biological parents one of whom was at time of birth either citizen or permanently resident in Federation - Whether there was provision in law that an adoption order must have implication on citizenship of adopted child - Whether availability of alternative remedy precludes application from being made - Applicant's failure to exhaust alternative remedy - Effect - Whether premature for applicant to contend child rendered stateless

CHILDREN AND YOUNG PERSONS: Adoption - Adoption order - Effect of - Whether adopted child should be registered as citizen of Malaysia - Whether adoption order has implication on citizenship of adopted child - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution

CONSTITUTIONAL LAW: Citizenship - Operation of law, by - Adoption of child - Birth certificate issued as 'bukan warganegara' - Application for court to review decision of respondent in refusing to register child as citizen of Malaysia - Whether adopted child should be registered as citizen of Malaysia - Acquisition of citizenship by operation of law - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution - Whether word 'parents' refer to legal and biological parents of child - Whether child must be born in Federation to biological parents one of whom was at time of birth either citizen or permanently resident in Federation - Whether there was provision in law that an adoption order must have implication on citizenship of adopted child - Whether availability of alternative remedy precludes application from being made - Applicant's failure to exhaust alternative remedy - Whether premature for applicant to contend child rendered stateless

WORDS & PHRASES: 'Parents' - Definition of - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution - Whether refers to biological and lawful parents


LATEST CASES

Legal Network Series

[2015] 1 LNS 169

PP lwn. MAHMUD SYAHIR ABU BAKAR

PROSEDUR JENAYAH: Rayuan - Rayuan terhadap hukuman - Rayuan oleh pihak pendakwaan - Kesalahan merogol - Rayuan terhadap hukuman penjara yang telah dijatuhkan selama 6 tahun dan 4 kali sebatan - Sama ada hukuman yang telah dijatuhkan adalah memadai dan berpatutan dengan kesalahan - Sama ada faktor kepentingan awam telah diambil kira sebelum hukuman dijatuhkan - Sama ada hukuman 6 tahun penjara dan 4 kali sebatan adalah munasabah apabila mangsa mengalami kecederaan

PROSEDUR JENAYAH: Hukuman - Pesalah muda - Kesalahan merogol - Tertuduh berumur 23 tahun ketika jenayah rogol dilakukan - Sama ada usia tertuduh yang berumur 23 tahun boleh dikatakan terlalu muda untuk melakukan jenayah rogol - Sama ada tertuduh terlalu muda untuk menerima hukuman keatas kesalahan rogol yang telah ditetapkan oleh undang-undang

[2015] 1 LNS 170

PP lwn. SHAHROM AHMAD

PROSEDUR JENAYAH: Rayuan - Rayuan terhadap pembebasan dan pelepasan tertuduh tanpa dipanggil untuk membela diri - Kesalahan pecah amanah jenayah - Penyalahgunaan harta dengan curang dibawah s. 403 Kanun Keseksaan - Sama ada terdapat salah guna harta secara curang - Sama ada kegagalan pegawai syarikat untuk memasukkan wang yang diterima berkenaan urusan syarikat dalam tempoh masa yang singkat boleh disifatkan sebagai penyalahgunaan harta secara curang

[2015] 1 LNS 308

MATRACON HOLDING B V v. SRIBIMA MARITIME TRAINING CENTRE SDN BHD

CIVIL PROCEDURE: Stay of execution - Application for - Stay of execution of ex-parte order of appointment of provisional liquidator - Special circumstances - Full and frank disclosure of material facts - Imminent danger for company subsequent to appointment of provisional liquidator - Whether execution of ex-parte order for appointment of provisional liquidator ought to be stayed due to non-disclosure of material facts during ex-parte hearing

COMPANY LAW: Winding up - Provisional liquidator - Objection to appointment of provisional liquidator - Imminent and real danger to company - Whether appointment of provisional liquidator could jeopardize company

[2015] 1 LNS 311

LIM TEOW YONG & SONS SDN BHD v. INFOLITY SDN BHD & ANOR

COMPANY LAW: Shares - Transfer of shares - Validity of transfer - Contravention of company's articles of association - Restriction on transfer of shares - Transfer of shares to non-members - Whether transfer of shares to non-member complied with procedures in articles of association - Whether transfer of shares from member to non-members permissible under articles of association

CIVIL PROCEDURE: Declaratory judgment - Power of court to make declaratory judgment discretionary - Delay or laches - Application to challenge validity of transfer of shares - Application made after more than 10 years - Absence of explanation for delay - Whether there was inordinate delay - Whether unreasonable delay disentitled a party to declaratory relief

[2015] 1 LNS 318

THIAGARAJAN PAVADAI v. KUMPULAN SEMESTA SDN BHD & ORS

CIVIL PROCEDURE: Striking out - Action - Cause of action for defamation based solely on contents of police report - Absence of reasonable cause of action - Abuse of process of court - Whether a cause of action for defamation could lie on statements in police report - Whether action ought to be struck out for absence of cause of action

TORT: Defamation - Absolute privilege - Police report - Public policy - Whether defence of absolute privilege extended to statements contained in police report

TORT: Defamation - Publication - Libel in police report - Action for defamation in respect of statement contained in police report by a party unnamed in police report - Whether there was publication of defamatory words concerning plaintiff personally


CLJ 2016 Volume 1 (Part 5)

COURT OF APPEAL

Mohd Shamsul Abdul Aziz v. PP & Another Appeal
Tengku Maimun Tuan Mat, Mohd Zawawi Salleh, Abang Iskandar JJCA
(Criminal Law - Penal Code - Section 302 - Whether there was intention to kill since no defensive wounds found - Common intention - Whether established) [2016] 1 CLJ 713 [CA]

HIGH COURT

Ch'ng Cheng Siew v. Pemungut Duti Setem
Vazeer Alam Mydin Meera J
(Land Law; Succession; Words & Phrases - Intestacy - Distribution of estate - Memorandum of transfer - Amount of stamp duty payable - Whether relinquishment of rights by children was gift inter vivos or mere devolution of interests by operation of law) [2016] 1 CLJ 724 [HC]

Chin Kooi Nah (Suing By Herself And As Next Of Kin To Chin Jia Nee, An Infant) v. Pendaftar Besar Kelahiran Dan Kematian, Malaysia
Collin Lawrence Sequerah JC
(Children And Young Persons; Constitutional Law; Words & Phrases - Adoption - Citizenship - Whether there was express provision in legislation that adoption order has implication on citizenship of adopted child - 'Parents' - Definition of) [2016] 1 CLJ 736 [HC]

Govalan Arujuna v. Pengerusi, Lembaga Pencegahan Jenayah & Ors
Mohd Nazlan Ghazali JC
(Administrative Law; Civil Procedure - Judicial review - Certiorari - Interpretation of requirements under Prevention of Crime Act 1959 in making supervision order - Whether supervision order valid) [2016] 1 CLJ 772 [HC]

Jakara Sdn Bhd v. HSBC Bank Malaysia Bhd
Alwi Abdul Wahab JC
(Banking - Banks and banking business - Time deposit - Whether unlawful for bank to uplift and replace time deposit unilaterally - Whether customer instructed bank to transfer proceeds of time deposit into customer's current account - Whether customer received statement of account - Doctrine of laches) [2016] 1 CLJ 797 [HC]

Jambatan Merah Sdn Bhd (In Liquidation) v. Public Bank Bhd
Wong Kian Kheong JC
(Land Law; Contract - Charge - Redemption of - Terms and condition in charge - Whether failure by bank to provide discharge statement amounted to breach - Whether chargor's indebtedness included sums owned by companies related to chargor - Exercise of rights under s. 271(1)(a) of National Land Code - Whether chargee barred from issuing Form 16J - Damages - Whether chargor suffered loss or damages from bank's breach - Whether loss claimable and not too remote) [2016] 1 CLJ 811 [HC]

Wong Thiam Phin v. Labuan Ferry Corporation Sdn Bhd
Stephen Chung J
(Civil Procedure - Amendment - Statement of claim - Procedure and standard practice of making amendments) [2016] 1 CLJ 858 [HC]

Wong Thiam Phin v. Labuan Ferry Corporation Sdn Bhd & Another Case
Stephen Chung J
(Civil Procedure; Contract - Civil Law Act 1956 - Section 3(1) - Doctrine of prime necessity - Whether common law principle of prime necessity applies in Malaysia - Whether defendant under duty to act in public interest to serve public without discrimination - Breach - Performance of contract - Claim for damages) [2016] 1 CLJ 866 [HC]

Zamri Ibrahim lwn. IJM Corporation Bhd
Abu Bakar Katar PK
(Kebankrapan - Notis - Pengetepian - Tuntutan sebahagian jumlah penghakiman dalam notis kebankrapan pertama - Sama ada jumlah yang dituntut dalam notis pertama muktamad) [2016] 1 CLJ 882 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial review - Certiorari - Application for - Application to quash supervision order pursuant to s. 15(1) of Prevention of Crime Act 1959 (PCA) - Interpretation of requirements under PCA in making supervision order - Whether complied with - Whether supervision order valid
Govalan Arujuna v. Pengerusi, Lembaga Pencegahan Jenayah & Ors
(Mohd Nazlan Ghazali JC) [2016] 1 CLJ 772 [HC]

BANKING

Banks and banking business - Time deposit - Placement of proceeds of deposit into new time deposit - Withdrawal of sum - Whether events took place with plaintiff's knowledge and instruction - Whether unlawful for defendant to uplift and replace time deposit unilaterally - Whether there was need to issue new time deposit - Whether explanations provided by defendant acceptable - Whether original time deposit receipt in plaintiff's possession - Whether letter of indemnity executed by plaintiff - Whether plaintiff instructed defendant to transfer proceeds of time deposit into plaintiff's current account - Whether plaintiff received statement of account - Doctrine of laches - Whether plaintiff's action maintainable
Jakara Sdn Bhd v. HSBC Bank Malaysia Bhd
(Alwi Abdul Wahab JC) [2016] 1 CLJ 797 [HC]

CHILDREN AND YOUNG PERSONS

Adoption - Adoption order - Effect of - Whether adopted child should be registered as citizen of Malaysia - Whether adoption order has implication on citizenship of adopted child - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution
Chin Kooi Nah (Suing By Herself And As Next Of Kin To Chin Jia Nee, An Infant) v. Pendaftar Besar Kelahiran Dan Kematian, Malaysia
(Collin Lawrence Sequerah JC) [2016] 1 CLJ 736 [HC]

Adoption - Citizenship - Whether adopted child should be registered as citizen of Malaysia - Acquisition of citizenship by operation of law - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution - Whether word 'parents' refer to legal and biological parents of child - Whether child must be born in Federation to biological parents one of whom was at time of birth either citizen or permanently resident in Federation - Whether there was express provision in legislation that adoption order has implication on citizenship of adopted child - Whether availability of alternative remedy precludes application from being made - Applicant's failure to exhaust alternative remedy to apply for citizenship of child by way of registration pursuant to art. 15A of Federal Constitution - Whether premature for applicant to contend child rendered stateless
Chin Kooi Nah (Suing By Herself And As Next Of Kin To Chin Jia Nee, An Infant) v. Pendaftar Besar Kelahiran Dan Kematian, Malaysia
(Collin Lawrence Sequerah JC) [2016] 1 CLJ 736 [HC]

CIVIL PROCEDURE

Amendment - Statement of claim - Application for - Procedure and standard practice of making amendments - Whether complied with - Whether amendment would cause injustice and prejudice to other party - Whether application bona fide - Whether prejudice caused to other party could be compensated by costs - Whether amendments would turn suit from one character into another suit of inconsistent character - Rules of Court 2012, O. 20 r. 10
Wong Thiam Phin v. Labuan Ferry Corporation Sdn Bhd
(Stephen Chung J) [2016] 1 CLJ 858 [HC]

Certiorari - Application for - Application to quash supervision order pursuant to s. 15(1) of Prevention of Crime Act 1959 (PCA) - Interpretation of requirements under PCA in making supervision order - Whether complied with - Whether supervision order valid
Govalan Arujuna v. Pengerusi, Lembaga Pencegahan Jenayah & Ors
(Mohd Nazlan Ghazali JC) [2016] 1 CLJ 772 [HC]

Civil Law Act 1956 - Section 3(1) - Applicability of common law principle - Doctrine of prime necessity - Plaintiff owned and operated lorries or trailers that transport goods - Defendant provided ferry services - Charges for use of ferry services unilaterally and unlawfully increased by defendant - Plaintiff complained about increase of charges and later denied from ferry services - Plaintiff could not transport goods - Whether defendant abused power as sole operator and sole monopoly of ferry services - Whether common law principle of prime necessity applies in Malaysia - Whether defendant was sole provider of ferry services - Whether defendant required to charge reasonable price for services provided - Whether defendant under duty to act in public interest to serve public without discrimination
Wong Thiam Phin v. Labuan Ferry Corporation Sdn Bhd & Another Case
(Stephen Chung J) [2016] 1 CLJ 866 [HC]

CONSTITUTIONAL LAW

Citizenship - Operation of law, by - Adoption of child - Birth certificate issued as 'bukan warganegara' - Application for court to review decision of respondent in refusing to register child as citizen of Malaysia - Whether adopted child should be registered as citizen of Malaysia - Acquisition of citizenship by operation of law - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution - Whether word 'parents' refer to legal and biological parents of child - Whether child must be born in Federation to biological parents one of whom was at time of birth either citizen or permanently resident in Federation - Whether there was express provision in legislation that adoption order has implication on citizenship of adopted child - Whether availability of alternative remedy precludes application from being made - Applicant's failure to exhaust alternative remedy to apply for citizenship of child by way of registration pursuant to art. 15A of Federal Constitution - Whether premature for applicant to contend child rendered stateless
Chin Kooi Nah (Suing By Herself And As Next Of Kin To Chin Jia Nee, An Infant) v. Pendaftar Besar Kelahiran Dan Kematian, Malaysia
(Collin Lawrence Sequerah JC) [2016] 1 CLJ 736 [HC]

CONTRACT

Breach - Performance of contract - Allegation of inducement by defendant to breach contract between plaintiff and another company - Claim for damages - Plaintiff owned and operated lorries or trailers that transport goods - Third party provided ferry services - Charges for use of ferry services unilaterally and unlawfully increased - Plaintiff complained about increase of charges and later denied from ferry services - Plaintiff could not transport goods - Whether defendant abused power as sole operator and sole monopoly of ferry services - Whether defendant induced breach of contract between plaintiff with goods company
Wong Thiam Phin v. Labuan Ferry Corporation Sdn Bhd & Another Case
(Stephen Chung J) [2016] 1 CLJ 866 [HC]

Damages - Breach - Land charged to bank for banking facilities - Chargor requested for discharge statement from bank - Whether failure by bank to provide discharge statement amounted to breach - Whether chargor suffered loss or damages from bank's breach - Whether loss claimable and not too remote - Whether chargor entitled to damages - Contracts Act 1950, s. 74
Jambatan Merah Sdn Bhd (In Liquidation) v. Public Bank Bhd
(Wong Kian Kheong JC) [2016] 1 CLJ 811 [HC]

CRIMINAL LAW

Penal Code - Section 302 - Murder - Common intention - Whether established - Whether there was direct or circumstantial evidence to link second appellant to act of killing - Whether second appellant knew that first appellant carried a knife - Absence of common intention to commit murder - Whether second appellant ought to be acquitted and discharged - Penal Code, s. 34
Mohd Shamsul Abdul Aziz v. PP & Another Appeal
(Tengku Maimun Tuan Mat, Mohd Zawawi Salleh, Abang Iskandar JJCA)
[2016] 1 CLJ 713 [CA]

Penal Code - Section 302 - Murder - Deceased died of single stab wound - Whether there was intention to kill deceased as there were no defensive wounds - Whether injury inflicted by first appellant most probable cause of death - Whether charge of murder sustained - Whether conviction for murder should be affirmed
Mohd Shamsul Abdul Aziz v. PP & Another Appeal
(Tengku Maimun Tuan Mat, Mohd Zawawi Salleh, Abang Iskandar JJCA) [2016] 1 CLJ 713 [CA]

LAND LAW

Charge - Redemption of - Land charged to bank for banking facilities - Whether charge confined to chargor's indebtedness - Whether chargor's indebtedness included sums owed by companies related to chargor
Jambatan Merah Sdn Bhd (In Liquidation) v. Public Bank Bhd
(Wong Kian Kheong JC) [2016] 1 CLJ 811 [HC]

Charge - Redemption of - Terms and condition in charge - Chargor requested for discharge statement from bank - Whether clauses in charge entitled chargor to be given discharge statement - Whether failure by bank to provide discharge statement amounted to breach - Whether chargor could claim for loss or damage arising from bank's breach
Jambatan Merah Sdn Bhd (In Liquidation) v. Public Bank Bhd
(Wong Kian Kheong JC) [2016] 1 CLJ 811 [HC]

Charge - Remedies of chargee - Exercise of rights under s. 271(1)(a) of National Land Code (NLC) - 'Corresponding form of qualified title' in s. 270(1)(c) NLC - Whether applied to qualified title - Whether qualified title distinct from land office title - Whether chargee barred from issuing Form 16J
Jambatan Merah Sdn Bhd (In Liquidation) v. Public Bank Bhd
(Wong Kian Kheong JC) [2016] 1 CLJ 811 [HC]

Transfer - Memorandum of transfer - Assessment - Amount of stamp duty payable - Deceased died intestate leaving three beneficiaries and two properties - Children renounced beneficial interests and agreed that properties be vested in name of mother as sole beneficiary - Collector of Stamp Duty assessed ad valorem duty on portion released and renounced by children - Whether relinquishment of rights by children was gift inter vivos or mere devolution of interests by operation of law - Whether assessment correct - Probate and Administration Act 1959, s. 60 - Stamp Duty Act 1949, ss. 4(1), 38A, 39
Ch'ng Cheng Siew v. Pemungut Duti Setem
(Vazeer Alam Mydin Meera J) [2016] 1 CLJ 724 [HC]

SUCCESSION

Distribution of estate - Intestacy - Deceased died intestate leaving three beneficiaries and two properties - Children renounced beneficial interests and agreed that properties be vested in name of mother as sole beneficiary - Whether relinquishment of rights by children was gift inter vivos or mere devolution of interests by operation of law - Whether children had any right or title in properties to make gift - Distribution Act 1958, s. 6(1)
Ch'ng Cheng Siew v. Pemungut Duti Setem

(Vazeer Alam Mydin Meera J) [2016] 1 CLJ 724 [HC]

WORDS & PHRASES

Meaning - 'Gift' - Elements of gift inter vivos - Whether renunciation of beneficial interests amounted to gift inter vivos - Whether mere devolution of interest by operation of law
Ch'ng Cheng Siew v. Pemungut Duti Setem
(Vazeer Alam Mydin Meera J) [2016] 1 CLJ 724 [HC]

'Parents' - Definition of - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution - Whether refers to biological and lawful parents
Chin Kooi Nah (Suing By Herself And As Next Of Kin To Chin Jia Nee, An Infant) v. Pendaftar Besar Kelahiran Dan Kematian, Malaysia
(Collin Lawrence Sequerah JC) [2016] 1 CLJ 736 [HC]

INDEKS PERKARA

KEBANKRAPAN

Notis - Pengetepian - Tuntutan sebahagian jumlah penghakiman dalam notis kebankrapan pertama - Permohonan untuk mengetepikan notis kebankrapan kedua - Sama ada jumlah dalam notis kebankrapan dijumlahkan bagi membolehkan penghutang penghakiman mengetahui jumlah yang seharusnya dibayar - Sama ada notis kebankrapan pertama menunjukkan niat menuntut sebahagian jumlah penghakiman sahaja - Kegagalan menyatakan jumlah yang dituntut hanya sebahagian dan baki akan dituntut kemudian - Sama ada jumlah yang dituntut dalam notis pertama muktamad
Zamri Ibrahim lwn. IJM Corporation Bhd
(Abu Bakar Katar PK) [2016] 1 CLJ 882 [HC]


ARTICLES

LNS Article(s)

  1. INCEPTION AND THE ADVOCATE-WITNESS RULE: SHOULD THE ADVOCATE'S SUBCONSCIOUS MATTER?* [Read excerpt]
    by: ALVIN CHEN** [2016] 1 LNS(A) vii

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

    INCEPTION AND THE ADVOCATE-WITNESS RULE:
    SHOULD THE ADVOCATE'S SUBCONSCIOUS MATTER?*

    by
    ALVIN CHEN**

    Introduction

    In director Christopher Nolan’s critically acclaimed 2010 Hollywood alternate reality film Inception, six industrial espionagers invade the dream-world of the heir to a recently deceased energy magnate to implant a certain idea in his subconscious. The film’s main protagonist Cobb (played by Leonardo DiCaprio) called this process “inception” and explained that an idea is the most resilient parasite because once it is planted in the mind, it is impossible to eradicate.

    Like the inception of an idea in the human brain, the personal knowledge of an advocate who acts as a witness in the client’s matter is impossible to remove. Once such knowledge resides in the advocate’s mind, the temptation for an advocate to tailor his evidence to support his client is said to be one of the key reasons why the advocate is prohibited from acting for the client.[1]

    This prohibition, also known as the advocate-witness rule, has been codified in r 64 of the Legal Profession (Professional Conduct) Rules (“PCR”). Rule 64 PCR prohibits an advocate from accepting instructions or continuing to act if he has reason to believe or it becomes apparent to him that he is likely to be a witness on a material question of fact.  In a recent Singapore High Court decision, Then Khek Khoon v. Arjun Permanand Samtani,[2] Justice Quentin Loh observed that the real mischief targeted by r 64 PCR is “the danger of the subconscious shaping of the evidence to suit the solicitor’s interest as against that of his client and the duty to the court”.[3]

    . . .

    * This article was originally published in the (August/2012) 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.

    ** Chief Legal Officer Director, Representation and Law Reform, The Law Society of Singapore. E-mail: alvin@lawsoc.org.sg.


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  3. INTERNAL AUDIT IN PALM OIL PLANTATION INDUSTRY - FROM THE LEGAL REQUIREMENT PERSPECTIVE [Read excerpt]
    by: ROZLINDA MOHAMED FADZIL* [2016] 1 LNS(A) viii

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

    INTERNAL AUDIT IN PALM OIL PLANTATION INDUSTRY -
    FROM THE LEGAL REQUIREMENT PERSPECTIVE

    by
    ROZLINDA MOHAMED FADZIL*

    Plantation is one of the oldest industries in Malaysia. It should be noted that rubber was planted back in 1877[1] in Kuala Kangsar, Perak. In 1972, the Ministry of Plantation Industries and Commodities (MPIC) was established by the Malaysia Government where the ministry was responsible for the development of tin ore and rubber. Later, the responsibility expanded to include palm oil, cocoa, forestry, minerals, pineapple and tobacco which also contributed to Malaysia’s economy.

    The main objective of this paper is to discuss the internal audit and the legal framework surrounding the palm oil plantation industry. The palm oil plantation industry is governed by both international and national laws. In order to manage the expectations and legal requirements imposed on the plantation industry, most corporations[2] have structured the company with competent units and functions to ensure their business operations comply with the legal requirements. One of the functions which most companies have, which will be discussed, is the internal audit.

    Palm oil plantation in Malaysia

    The palm oil plantation in Malaysia is governed by the Malaysian Palm Oil Board (MPOB). MPOB is the government agency under the Ministry of Plantation Industries and Commodities where its main role is to promote and develop national objectives, policies and priorities for the wellbeing of the Malaysian oil palm industry.

    . . .

    * Senior Lecturer, Law Faculty, UKM


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LEGISLATION HIGHLIGHTS

Principal Acts

Number Title In force from Repealing
ACT 773 Finance Act 2015 The Income Tax Act 1967 [Act 53] see s 3; The Petroleum (Income Tax) Act 1967 [Act 543] see s 33; The Real Property Gains Tax Act 1976 [Act 169] see s 39; The Labuan Business Activity Tax Act 1990 [Act 445] see s 44; The Goods and Services Tax Act 2014 [Act 762] see s 47; The Promotion of Investments Act 1986 [Act 327] see s 57 -
ACT 772 Animal Welfare Act 2015 Not Yet In Force -
ACT 771 Malaysian Aviation Commission Act 2015 Not Yet In Force -
ACT 770 Special Measures Against Terrorism In Foreign Countries Act 2015 15 June 2015 [PU(B) 250/2015] -
ACT 769 Prevention of Terrorism Act 2015 1 September 2015 [PU(B) 345/2015] -

Amending Acts

Number Title In force from Principal/Amending Act No
ACT A1503 Supply Act 2016 24 December 2015  
ACT A1502 Development Financial Institutions (Amendment) Act 2015 Not Yet In Force ACT 618
ACT A1501 Electricity Supply (Amendment) Act 2015 1 January 2016 [PU(B) 501/2015] ACT 447
ACT A1500 Anti-Trafficking In Persons and Anti-Smuggling of Migrants (Amendment) Act 2015 18 November 2015 [PU(B) 460/2015] ACT 670
ACT A1499 Capital Markets and Services (Amendment) Act 2015 15 September 2015 [PU(B) 369/2015] ACT 671

PU(A)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(A) 13/2016 Alliance For Financial Inclusion (Privileges and Immunities) Regulations 2016 27 January 2016 27 January 2016 ACT 485
PU(A) 12/2016 Customs (Provisional Anti-Dumping Duties) Order 2016 22 January 2016 25 January 2016 to 23 May 2016 ACT 504; ACT 235
PU(A) 11/2016 Customs (Anti-Dumping Duties) Order 2016 22 January 2016 24 January 2016 to 23 January 2021 ACT 504; ACT 235
PU(A) 10/2016 National Heritage (Declaration of Living Person As A National Heritage) Order 2016 22 January 2016 23 January 2016 ACT 645
PU(A) 9/2016 Veterans (Veterans Registration and Veterans Associations Registration) Regulations 2016 22 January 2016 23 January 2016 ACT 740

PU(B)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(B) 45/2016 Reservation of Land For Public Purpose For Lot 41336 Mukim Petaling 26 January 2016 27 January 2016 ACT 56/1965
PU(B) 44/2016 Reservation of Land For Public Purpose For Lot 38561 Mukim Petaling 26 January 2016 27 January 2016 ACT 56/1965
PU(B) 43/2016 Notice Under Section 70 of The Road Transport Act 1987 22 January 2016 Specified in column (3) of the First Schedule ACT 333
PU(B) 42/2016 Notice of Negative Preliminary Determination of An Anti-Dumping Duty Investigation With Regard To The Imports of Cold Rolled Coils of Alloy and Non-Alloy Steel Originating or Exported From The People's Republic of China, Republic of Korea and Socialist Republic of Viet Nam 22 January 2016 23 January 2016 ACT 504; PU(A) 233/1994
PU(B) 41/2016 Notice of Affirmative Final Determination of An Anti-Dumping Duty Investigation With Regard To The Imports of Prepainted, Painted or Colour Coated Steel Coils Originating or Exported From The People's Republic of China and Socialist Republic of Viet Nam 22 January 2016 24 January 2016 to 23 January 2021 ACT 504; PU(A) 233/1994

Legislation Alert

Updated

Act/Principal No. Title Amended by In force from Section amended
LN 170/1959 Motor Vehicles (Construction and Use) Rules 1959 PU(A) 6/2016 1 July 2017 Third Schedule
ACT 77 Armed Forces Act 1972 ACT A1492 18 January 2016 [PU(B) 13/2016] Section 185
ACT 344 Police Act 1967 (Revised 1988) ACT A1495 18 January 2016 [PU(B) 14/2016] Section 33
ACT 45 Judges' Remuneration Act 1971 ACT A1494 18 January 2016 [PU(B) 10/2016] Section 13
ACT 537 Prison Act 1995 ACT A1474 15 January 2016 [PU(B) 8/2016] Sections 2, 10, 11, 13, Part IVB and First Schedule

 

Revoked

 

Act/Principal No. Title Revoked by In force from
PU(B) 344/2011 Designation Under Paragraph 5(1)(b) PU(B) 33/2016 Specified in column (3) of the Schedule
PU(B) 527/2010 Designation Under Paragraph 5(1)(b) PU(B) 33/2016 Specified in column (3) of the Schedule
PU(B) 568/2009 Designation Under Paragraph 5(1)(b) PU(B) 33/2016 Specified in column (3) of the Schedule
PU(B) 399/2012 Designation Under Paragraph 5(1)(b) PU(B) 33/2016 Specified in column (3) of the Schedule
PU(B) 390/2012 Designation Under Paragraph 5(1)(b) PU(B) 33/2016 Specified in column (3) of the Schedule