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Issue #49/2017
07 December 2017

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New This Week

  1. Case(s) of the Week

    1. DATO' PREM KRISHNA SAHGAL v. MUNIANDY NADASAN & ORS [2017] 10 CLJ 385

    2. FAHMI ZAINOL & ORS v. JAWATANKUASA TATATERTIB PELAJAR, UNIVERSITI MALAYA & ORS [2017] 10 CLJ 304

  2. Latest Cases

    1. Legal Network Series

    2. CLJ 2017 Volume 10 (Part 3)

    3. CLJ 2017 Volume 10 (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

DATO' PREM KRISHNA SAHGAL v. MUNIANDY NADASAN & ORS [2017] 10 CLJ 385
FEDERAL COURT, PUTRAJAYA
RICHARD MALANJUM CJ (SABAH & SARAWAK), SURIYADI HALIM OMAR FCJ, HASAN LAH FCJ, AZIAH ALI FCJ, JEFFREY TAN FCJ
[CIVIL APPEAL NO: 02(f)-53-08-2016(W)]
14 SEPTEMBER 2017

COMPANY LAW: Fraudulent trading - Intent to defraud - Allegation of - Claim for outstanding debt due and owing to employees of company - Whether managing director of company had intention to cheat or deceive employees - Whether an employee who makes a claim of statutory emolument and contribution entitled to make claim as creditor - Whether monies claimed by employees valid debt under the law - Whether employees creditors of company - Whether a single act to defraud a creditor sufficient to trigger action for compensation against errant person - Whether managing director of company liable to employees - Elements of s. 304 of the Companies Act 1965 - Whether proved - Right of employee to claim for outstanding wages and salaries - Companies Act 1965, s. 292(1)(b), (c) and (e)

WORDS & PHRASES: 'creditor' - Companies Act 1965, s. 304 - Whether includes 'contingent or prospective creditor' - Whether 'prospective creditor' refers to creditor whose claim for debt or right to enforce such claim expected or likely to happen in future - Companies Act 1965, s. 217(b) 


FAHMI ZAINOL & ORS v.
JAWATANKUASA TATATERTIB PELAJAR, UNIVERSITI MALAYA & ORS
[2017] 10 CLJ 304
HIGH COURT MALAYA, SHAH ALAM
MOHD YAZID MUSTAFA J
[APPLICATION FOR JUDICIAL REVIEW: 25-17-05-2015]
21 APRIL 2017

ADMINISTRATIVE LAW: Judicial review - Grounds for - Offences under University of Malaya (Discipline of Students) Rules 1999 ('UM Rules') - Applicants found guilty and sentenced by disciplinary committee of University Malaya - Whether decision-making and sentencing of applicants in compliance with UM Rules - Whether procedure adopted tainted with procedural impropriety - Whether in breach of rules of natural justice


LATEST CASES

Legal Network Series

[2016] 1 LNS 1725

PP lwn. RAJU DAKASHINA MURTAY

UNDANG-UNDANG JENAYAH: Bunuh - Seksyen 302 Kanun Keseksaan - Keterangan ikut keadaan - Kewujudan kesan tetakan pada mangsa dan tangan putus - Si mati meninggal dunia akibat luka tetak berganda - Tertuduh membuat pengakuan bunuh kepada isteri - Tertuduh dilihat memegang parang dan wujud darah pada badan tertuduh - Pembelaan gagal mencabar keterangan penting saksi pendakwaan - Sama ada keterangan ikut keadaan menjurus kepada kesimpulan bahawa tertuduh telah melakukan kecederaan yang menyebabkan kematian si mati - Sama ada kes pendakwaan boleh bertahan berdasarkan keterangan ikut keadaan - Sama ada pertuduhan dibawah s. 302 Kanun Keseksaan telah dibuktikan

[2017] 1 LNS 62

SUGI SINAR SDN BHD v. BANK MUAMALAT MALAYSIA BERHAD; SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD (THIRD PARTY)

CIVIL PROCEDURE: Pleadings - Statement of defence - Purpose of statement of defence - Statement of defence brought to focus matters not pleaded by plaintiff - Defendant went on his own frolic - Whether statement of defence could raise new cause of action - Whether sole purpose of statement of defence was to reply to allegations and claim made by plaintiff

TORT: Negligence - Banks - Bank honoring and making payments for a number of cheques signed by unauthorized signatories - Whether signatories of cheques were authorized - Whether bank was negligent in making payments of cheques issued from plaintiff's account

[2017] 1 LNS 151

KARONG LIBAU (F) & ORS v. BBC ESTATE V SDN BHD & ORS

CIVIL PROCEDURE: Striking out - Action - Res judicata - Time barred - Claim for native customary rights or adverse temuda claim over land - Rights or liabilities of parties finally determined and adjudicated in previous representative actions - Subject matter of claim overlapped with previous actions - Whether doctrine of res judicata applicable - Whether action was time barred pursuant to item 97 of Schedule to Sarawak Limitation Ordinance - Whether action maintainable

LAND LAW: Indefeasibility of title and interests - Registered owner - Absence of fraud - Whether titles, rights and interests of registered proprietors are indefeasible - Whether court had power to remove name of defendant as registered proprietor in absence of fraud - Whether titles of registered proprietor was subjected to collateral attack - Sarawak Land Code (Cap 81), ss. 131, 132(1)

[2017] 1 LNS 170

TENGKU AZIZ KU JUSOH & ANOR v. PP

CRIMINAL LAW: Corruption - Corruptly receiving and accepting gratification - Anti Corruption Act 1997, ss. 10(a)(aa), 11(a) - Trap money was not produced in court as evidence - Prosecution merely relied on oral testimony of witnesses - Proof of acceptance - Accused was merely an ordinary citizen - Allegation of acceptance of gratification in order to release offenders - Whether prosecution adduced coherent and credible evidence in respect of acceptance of money by accused - Whether it was incumbent upon prosecution to prove bribe money was accepted by accused before invoking presumption under s. 42(1) of Act 1997 - Whether actual proof of acceptance was necessary

[2017] 1 LNS 228

NOORALINA MOHD SHAH & ANOR v. PP

COURTS: High Court - Jurisdiction - Determination of - Constitutional issues - Constitutional issue being referred to High Court by subordinate court - Constitutionality of s. 89E(4) of the Securities Industry Act 1983 ('Act 1983') - Existence of two different punishments for same offence - Lack of clearness and certainty of definition under s. 89(g) of Act 1983 - Whether High Court could decide on constitutional issue by virtue of s. 30(1) of Courts of Judicature Act 1964 ('CJA') - Whether questions posed involve Art 8(1) and Art 5 of Federal Constitution - Whether decision of Federal Court was necessary for determination of proceeding - Whether questions ought to be referred to Federal Court pursuant to s. 84 of CJA


CLJ 2017 Volume 10 (Part 3)

COURT OF APPEAL

Elitprop Sdn Bhd v. Yeo Ping Tieng & Ors And Another Appeal
Hamid Sultan Abu Backer, Abdul Rahman Sebli, Asmabi Mohamad JJCA
(Land Law - Indefeasibility of title and interests - Sale and purchase of property) [2017] 10 CLJ 257 [CA]

Hameed Jagubar Syed Ahmad v. Pacific & Orient Insurance Co Bhd
Lim Yee Lan, Badariah Sahamid, Harmindar Singh Dhaliwal JJCA
(Insurance - Policy - Construction of policy - Motorcycle accident) [2017] 10 CLJ 278 [CA]

Redang Paradise Vacation Sdn Bhd v. Yap Chuan Bin & Other Appeals
David Wong Dak Wah, Hamid Sultan Abu Backer, Umi Kalthum Abdul Majid JJCA
(Civil Procedure - Appeal - Notice of appeal - Service of) [2017] 10 CLJ 296 [CA]

HIGH COURT

Fahmi Zainol & Ors v. Jawatankuasa Tatatertib Pelajar, Universiti Malaya & Ors
Mohd Yazid Mustafa J
(Administrative Law - Judicial review - Grounds for - Offences under University of Malaya (Discipline of Students) Rules 1999) [2017] 10 CLJ 304 [HC]

Hamawangsa Kredit Sdn Bhd v. AmGeneral Insurance Bhd
Khadijah Idris JC
(Insurance - Claim - Motor insurance - Indemnity) [2017] 10 CLJ 318 [HC]

Philip Morris Brands Sarl v. Goodness For Import And Export & Ors
Wong Kian Kheong JC
(Intellectual Property - Trade marks - Registered trade mark - Infringement of) [2017] 10 CLJ 337 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial review - Grounds for - Offences under University of Malaya (Discipline of Students) Rules 1999 ('UM Rules') - Applicants found guilty and sentenced by disciplinary committee of University Malaya - Whether decision-making and sentencing of applicants in compliance with UM Rules - Whether procedure adopted tainted with procedural impropriety - Whether in breach of rules of natural justice
Fahmi Zainol & Ors v. Jawatankuasa Tatatertib Pelajar, Universiti Malaya & Ors
(Mohd Yazid Mustafa J) [2017] 10 CLJ 304 [HC]

CIVIL PROCEDURE

Appeal - Notice of appeal - Service of - Procedure - Whether Rules of Court 2012 require service of duplicate copy within 14 days of date of decision - Whether endorsement or seal of court to be placed on notice of appeal - Rules of Court 2012, O. 55 r. 3(4) - Whether complied with - Whether courts could strike out a matter for non-compliance of ROC - Rules of Court 2012, O. 1A & O. 2
Redang Paradise Vacation Sdn Bhd v. Yap Chuan Bin & Other Appeals
(David Wong Dak Wah, Hamid Sultan Abu Backer, Umi Kalthum Abdul Majid JJCA) [2017] 10 CLJ 296 [CA]

INSURANCE

Claim - Motor insurance - Indemnity - Company bought insurance policy for motor trade plate - Vehicle stolen during test-drive - Motor trade plate not displayed on vehicle - Company's claim under policy for losses due to theft rejected by insurer - Whether insurer's liability under policy subject to motor trade plate being displayed on stolen vehicle - Whether theft due to company's negligence - Whether insurer liable to indemnify company - Whether insurer entitled to repudiate policy - Motor Vehicle Rules 1959, r. 21
Hamawangsa Kredit Sdn Bhd v. AmGeneral Insurance Bhd
(Khadijah Idris JC) [2017] 10 CLJ 318 [HC]

Policy - Construction of policy - Motorcycle accident - Motorcyclist bought insurance policy after accident occurred - Insurance policy only specified date but did not specify time - Whether insurance policy which did not exist at time of accident valid and enforceable - Whether terms covered date of accident - Date of period of insurance - When policy coverage commenced - Road Transport Act 1987, ss. 96(1) & (3)
Hameed Jagubar Syed Ahmad v. Pacific & Orient Insurance Co Bhd
(Lim Yee Lan, Badariah Sahamid, Harmindar Singh Dhaliwal JJCA) [2017] 10 CLJ 278 [CA]

INTELLECTUAL PROPERTY

Trade marks - Registered trade mark - Injunction - Transhipment of goods - MALIMBO brand of cigarettes found in containers belonging to first defendant at Klang Port - Whether identical or resembled MARLBORO trade marks - Whether likely to deceive or cause confusion to public - Whether substantial damage caused to plaintiff's property in MARLBORO goodwill by reason of first defendant's transhipment of MALIMBO cigarettes which closely resembled MARLBORO cigarettes as was likely to deceive and/or confuse consumers and traders in cigarettes - Whether court had discretion to grant mandatory injunction to order Royal Malaysian Customs Department to destroy MALIMBO cigarettes - Whether a prohibitory injunction granted to restrain first defendant from infringing MARLBORO trade marks and to pass off MALIMBO cigarettes as MARLBORO cigarettes - Trade Marks Act 1976, s. 38(1)(a), 48(1) - Specific Relief Act 1950, s. 53
Philip Morris Brands Sarl v. Goodness For Import And Export & Ors
(Wong Kian Kheong JC) [2017] 10 CLJ 337 [HC]

Trade marks - Registered trade mark - Infringement of - Whether elements of infringement proven - Transhipment of goods - MALIMBO brand of cigarettes found in containers belonging to first defendant at Klang Port - Whether identical or resembled MARLBORO trade marks - Whether likely to deceive or cause confusion to the public - Whether MALIMBO had incorporated 'distinguishing' or 'essential' features of the MARLBORO mark - Whether first defendant had used MALIMBO mark 'in the course of trade' - Whether misrepresentation calculated to injure plaintiff's business and goodwill - Whether MALIMBO cigarettes deemed imported goods under Customs Act 1967 - Whether substantial damage caused to plaintiff's property in MARLBORO goodwill by reason of first defendant's transhipment of MALIMBO cigarettes which closely resembled MARLBORO cigarettes as was likely to deceive and/or confuse consumers and traders in cigarettes - Whether transhipment of MALIMBO cigarettes infringed MARLBORO trade marks - Trade Marks Act 1976, s. 38(1)(a)
Philip Morris Brands Sarl v. Goodness For Import And Export & Ors
(Wong Kian Kheong JC) [2017] 10 CLJ 337 [HC]

Trade marks - Registered trade mark - Passing off - Whether elements of passing off proven - Transhipment of goods - MALIMBO brand of cigarettes found in containers belonging to first defendant at Klang Port - Whether identical or resembled MARLBORO trade marks - Whether likely to deceive or cause confusion to public - Whether misrepresentation calculated to injure plaintiff's business and goodwill - Whether plaintiff could lose sales of MARLBORO cigarettes and the exclusive use of MARLBORO get up and trade name - Whether substantial damage caused to plaintiff's property in MARLBORO goodwill by reason of first defendant's transhipment of MALIMBO cigarettes which closely resembled MARLBORO cigarettes as was likely to deceive and/or confuse consumers and traders in cigarettes - Trade Marks Act 1976, s. 38(1)(a), 48(1) - Customs Act 1967, ss. 2(1), 45
Philip Morris Brands Sarl v. Goodness For Import And Export & Ors
(Wong Kian Kheong JC) [2017] 10 CLJ 337 [HC]

LAND LAW

Indefeasibility of title and interests - Sale and purchase of property - Sale of beneficial interest in property by housing developer to plaintiff without knowledge of registered proprietor - Whether plaintiff failed to show nature of beneficial interest in property - Whether plaintiff had right in rem or right in personam on title - Whether only registered proprietor could create beneficial interest out of his title - Registered proprietor not party to sale and purchase agreement - Property transferred to defendant by registered owner - Whether defendant obtained good title from registered proprietor which was indefeasible under s. 340 of National Land Code
Elitprop Sdn Bhd v. Yeo Ping Tieng & Ors And Another Appeal
(Hamid Sultan Abu Backer, Abdul Rahman Sebli, Asmabi Mohamad JJCA) [2017] 10 CLJ 257 [CA]


CLJ 2017 Volume 10 (Part 4)

FEDERAL COURT

Dato' Prem Krishna Sahgal v. Muniandy Nadasan & Ors
Richard Malanjum CJ (Sabah & Sarawak), Suriyadi Halim Omar, Hasan Lah, Aziah Ali, Jeffrey Tan FCJJ
(Company Law; Word & Phrases - Fraudulent trading - Claim for outstanding debt due and owing to employees of company - 'creditor' - Companies Act 1965, s. 304 - Whether includes 'contingent or prospective creditor') [2017] 10 CLJ 385 [FC]

COURT OF APPEAL

Iszam Kamal Ismail v. Prestij Bestari Sdn Bhd; Majlis Peguam Malaysia (Intervener)
David Wong Dak Wah, Hamid Sultan Abu Backer, Umi Kalthum Abdul Majid JJCA
(Legal Profession - Misconduct - Striking off advocate and solicitor from Rolls of Advocates & Solicitors) [2017] 10 CLJ 417 [CA]

HIGH COURT

Bandar Teknik Sdn Bhd & Ors v. Desa Samudera Sdn Bhd
Lee Swee Seng J
(Civil Procedure - Interest - Application to strike out claim for post judgment interest on judgment debt) [2017] 10 CLJ 444 [HC]

Messrs K Sila Dass & Partners v. Tune Insurance Malaysia Bhd & Anor
Mohd Nazlan Ghazali JC
(Arbitration - Award - Question of law - Reference under s. 42 of Arbitration Act 2005) [2017] 10 CLJ 475 [HC]

Tony Pua Kiam Wee v. Dato' Seri Mohd Najib Tun Hj Abdul Razak & Anor
Faizah Jamaludin JC
(Civil Procedure; Company Law; Tort; Words & Phrases - Striking out - Tort of misfeasance in public office - Allegations of financial improprieties against Prime Minister - 'Public office' - Whether 'Companies', 'Parliament' and 'Prime Minister' come within definition of 'public office' - Whether Prime Minister 'public officer') [2017] 10 CLJ 503 [HC]

SUBJECT INDEX

ARBITRATION

Award - Question of law - Reference under s. 42 of Arbitration Act 2005 - Malaysian Bar Professional Indemnity Insurance Scheme - Master Policy and Certificate of Insurance - Various act of fraud or embezzlement committed by same perpetrator on different parties - Interpretation of 'one claim' clause in Certificate of Insurance - Findings by arbitrator that each claim ought to be accepted as separate claim - Appeal against - High Court ruled that claims should be treated as 'one claim' - Court of Appeal ordered case to be remitted to arbitral tribunal for reconsideration pursuant to s. 42(4)(c) of Arbitration Act 2005 - Whether arbitrator bound by determination of High Court - Whether High Court correctly construed definition of 'one claim' in Certificate of Insurance
Messrs K Sila Dass & Partners v. Tune Insurance Malaysia Bhd & Anor
(Mohd Nazlan Ghazali JC) [2017] 10 CLJ 475 [HC]

CIVIL PROCEDURE

Interest - Judgment debt - Whether claim for post judgment interest arose upon default of payment of judgment debt - Stay of execution agreement pending outcome of appeal - Whether parties agreed to reserve right to post judgment interest - Whether contingent upon outcome of appeal - Whether successful party on appeal entitled to post judgment interest under O. 42 r. 12 of Rules of High Court 1980
Bandar Teknik Sdn Bhd & Ors v. Desa Samudera Sdn Bhd
(Lee Swee Seng J) [2017] 10 CLJ 444 [HC]

Striking out - Application for - Application to strike out claim for post judgment interest on judgment debt - Whether pleadings disclosed cause of action or some question fit to be decided by judge - Whether mere fact that case is weak and unlikely to succeed at trial could be ground for striking out - Whether issue on post judgment interest decided upon earlier - Whether there was serious conflict on material facts and conflict of evidence - Rules of Court 2012, O. 18 r. 19(1)(a), (b) & (c)
Bandar Teknik Sdn Bhd & Ors v. Desa Samudera Sdn Bhd
(Lee Swee Seng J) [2017] 10 CLJ 444 [HC]

Striking out - Writ and statement of claim - Tort of misfeasance in public office - Allegations of financial improprieties against Prime Minister - Whether claimant, in capacity as private citizen and taxpayer, had locus standi to bring proceedings against Prime Minister - Whether statement of claim pleaded relevant and material particulars of loss resulting directly from Prime Minister's alleged misfeasance - Whether Prime Minister 'public officer' - Whether claim was in the public interest - Whether claim should have been brought by way of relator action by Attorney General - Whether action ought to be struck out - Rules of Court 2012 O. 18 r. 19(1)(a), (b), (c) & (d)
Tony Pua Kiam Wee v. Dato' Seri Mohd Najib Tun Hj Abdul Razak & Anor
(Faizah Jamaludin JC) [2017] 10 CLJ 503 [HC]

COMPANY LAW

Fraudulent trading - Intent to defraud - Allegation of - Claim for outstanding debt due and owing to employees of company - Whether managing director of company had intention to cheat or deceive employees - Whether an employee who makes a claim of statutory emolument and contribution entitled to make claim as creditor - Whether monies claimed by employees valid debt under the law - Whether employees creditors of company - Whether a single act to defraud a creditor sufficient to trigger action for compensation against errant person - Whether managing director of company liable to employees - Elements of s. 304 of the Companies Act 1965 - Whether proved - Right of employee to claim for outstanding wages and salaries - Companies Act 1965, s. 292(1)(b), (c) and (e)
Dato' Prem Krishna Sahgal v. Muniandy Nadasan & Ors
(Richard Malanjum CJ (Sabah & Sarawak), Suriyadi Halim Omar, Hasan Lah, Aziah Ali, Jeffrey Tan FCJJ) [2017] 10 CLJ 385 [FC]

Separate legal entity - Limited liability company incorporated under Companies Act 1965 - Allegations of financial improprieties against Prime Minister cum Minister of Finance - 1MDB shares wholly-owned by Minister of Finance - Whether company was separate entity distinct from its shareholders - Whether Minister of Finance, as shareholder, had any legal or equitable interest to properties owned by 1MDB - Whether claimant, as taxpayer, had any legal rights or interests to properties of 1MDB
Tony Pua Kiam Wee v. Dato' Seri Mohd Najib Tun Hj Abdul Razak & Anor
(Faizah Jamaludin JC) [2017] 10 CLJ 503 [HC]

LEGAL PROFESSION

Advocates and solicitors - Misconduct - Striking off advocate and solicitor from Rolls of Advocates & Solicitors ('Rolls') - Advocate and solicitor paid out stake holding monies to third party - Disciplinary Committee ('DC') recommended advocate and solicitor be suspended and be fined - Disciplinary Board ('DB') elected to order advocate and solicitor be struck off from Rolls - High Court affirmed findings of DB - Appeal against decision - Whether there was element of personal dishonesty on part of advocate and solicitor - Whether DB erred in considering other pending complaints against advocate and solicitor - Whether DB disregarded issue of proportionality - Whether decision of DB and High Court ought to be set aside
Iszam Kamal Ismail v. Prestij Bestari Sdn Bhd; Majlis Peguam Malaysia (Intervener)
(David Wong Dak Wah, Hamid Sultan Abu Backer, Umi Kalthum Abdul Majid JJCA) [2017] 10 CLJ 417 [CA]

TORT

Misfeasance in public office - Claim by taxpayer against Prime Minister - Allegations of financial improprieties by Prime Minister - Ingredients and proof - Whether allegations made against Prime Minister substantiated - Whether Prime Minister 'public officer' within meaning under Interpretation Acts 1948 and 1967 - Whether claimant had sufficient antecedent legal rights or interest to sue Prime Minister for alleged misfeasance in public office - Whether Prime Minister acted with specific purpose of injuring claimant or with knowledge that his act would probably injure claimant - Whether Prime Minister's alleged act caused claimant loss and damage - Whether loss and damage recoverable
Tony Pua Kiam Wee v. Dato' Seri Mohd Najib Tun Hj Abdul Razak & Anor
(Faizah Jamaludin JC) [2017] 10 CLJ 503 [HC]

WORDS & PHRASES

'creditor' - Companies Act 1965, s. 304 - Whether includes 'contingent or prospective creditor' - Whether 'prospective creditor' refers to creditor whose claim for debt or right to enforce such claim expected or likely to happen in future - Companies Act 1965, s. 217(b)
Dato' Prem Krishna Sahgal v. Muniandy Nadasan & Ors
(Richard Malanjum CJ (Sabah & Sarawak), Suriyadi Halim Omar, Hasan Lah, Aziah Ali, Jeffrey Tan FCJJ) [2017] 10 CLJ 385 [FC]

'Public office' - Whether 'Companies', 'Parliament' and 'Prime Minister' come within definition of 'public office' - Whether Prime Minister 'public officer' - Interpretation Acts 1948 and 1967
Tony Pua Kiam Wee v. Dato' Seri Mohd Najib Tun Hj Abdul Razak & Anor
(Faizah Jamaludin JC) [2017] 10 CLJ 503 [HC]


ARTICLES

LNS Article(s)

  1. MANAGEMENT OF RISK IN THE MH17 INCIDENT: A LEGAL PERSPECTIVE [Read excerpt]
    by: HABIBUN NISA MOHAMED AJMAL* [2017] 1 LNS(A) ciii

  2. [2017] 1 LNS(A) ciii
    logo
    MALAYSIA

    MANAGEMENT OF RISK IN THE MH17 INCIDENT: A LEGAL PERSPECTIVE
    by
    HABIBUN NISA MOHAMED AJMAL*

    1.0. Introduction

    In the wake of the MH17 crash that occurred on 17 July 2014, families of victims have begun to institute legal proceedings against parties accused of being responsible for the tragedy.[1] The target of lawsuits ranged from the airlines to the perpetrators of the crime including the premiere of Russia and Ukraine at the European Court of Human Rights. Another lawsuit targeted the government of Ukraine for not closing its airspace when it knew that there was an open warfare going on.[2] A common theme appears in all these suits; the failure of risk management. This paper will discuss the tragedy of MH17 from the legal perspective of risk governance. Part 2 will briefly look at the current regulation on civil aviation while Part 3 will explain the existing regulation dealing with the management of risk in Malaysia. The pertinent facts relating to the crash will be described in Part 4 and the legal perspective in Part 5. Part 6 will consider the findings of the official report on the crash in relation to risk governance and the conclusion will be presented in Part 7.

    . . .

    * Lecturer, Faculty of Law, University Technology MARA (UiTM) LLB (Hons), LLM (Cardiff University, Wales).


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  3. LESSONS FROM A TRAILBLAZER MODEL [Read excerpt]
    by: JOHN AITKEN* [2017] 1 LNS(A) cv

  4. [2017] 1 LNS(A) cv
    logo
    UNITED KINGDOM

    LESSONS FROM A TRAILBLAZER MODEL
    by
    JOHN AITKEN*

    The beginnings of justice systems always speak of the parties entering the presence of the person (often a royal figure) to whom an appeal for justice is made, and explaining the case, the judge then gives an ex tempore judgment; almost unknown is talk of case management and adjournment. Despite this lack of case management, the decision is still often held up as an example to us all as to how proceedings should work and justice be done.

    We now have technology to assist us, but too often that is viewed as a hindrance to justice rather than an effective aid. In the Social Security and Child Support (SSCS) Tribunal jurisdiction we hope, by looking at what is required at a fundamental level and building upon that, rather than taking our present paper-and-post based system and trying to run that in a more efficient way, to get closer to the ideal of good decisions without unreasonable waiting time.

    . . .

    * John Aitken, President of the First-tier Tribunal (Social Entitlement Chamber) (Tribunals, Autumn 2016). Published with kind permission of the Judicial Communications Office, Judiciary of England and Wales (https://www.judiciary.gov.uk/wp-content/uploads/2017/03/aitken-lessons-from-a-trailblazer-model-autumn-2016.pdf).


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LEGISLATION HIGHLIGHTS

Principal Acts

Number Title In force from Repealing
ACT 799 Malaysian Border Security Agency Act 2017 Not Yet In Force -
ACT 798 Local Authorities (Conditions of Service) Act 1964 (Revised 2017) 15 November 2017 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 1 November 2017; First enacted in 1968 as Act of Parliament No 9 of 1964 -
ACT 797 Sabah Ports Authority (Consequential Provisions) Act 1968 (Revised 2017) 15 November 2017 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 1 November 2017; First enacted in 1968 as Act No 25 of 1968 -
ACT 796 Employment (Restriction) Act 1968 (Revised 2017) 15 November 2017 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 1 November 2017; First enacted in 1968 as Act of Parliament No 36 of 1968; First Revision - 1988 (Act 353 wef 3 November 1988) -
ACT 795 Access To Biological Resources and Benefit Sharing Act 2017 Not Yet In Force -

Amending Acts

Number Title In force from Principal/Amending Act No
ACT A1550 Valuers, Appraisers and Estate Agents (Amendment) Act 2017 Not Yet In Force ACT 242
ACT A1549 Prevention of Crime (Amendment) Act 2017 Not Yet In Force ACT 297
ACT A1548 Legal Aid (Amendment) Act 2017 1 December 2017 [PU(B) 562/2017] ACT 26
ACT A1547 Tabung Angkatan Tentera (Amendment) Act 2017 1 November 2017 [PU(B) 521/2017] ACT 101
ACT A1546 Law Reform (Marriage and Divorce) (Amendment) Act 2017 Not Yet In Force ACT 164

PU(A)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(A) 363/2017 Private Higher Educational Institutions (Conducting Courses of Study) (Amendment) Regulations 2017 27 November 2017 28 November 2017 PU(A) 546/1997
PU(A) 362/2017 Private Higher Educational Institutions (Change or Alteration In Respect of Company) Regulations 2017 27 November 2017 28 November 2017 ACT 555
PU(A) 361/2017 Private Higher Educational Institutions (Compounding of Offences) (Amendment) Regulations 2017 27 November 2017 28 November 2017 PU(A) 548/1997
PU(A) 360/2017 Private Higher Educational Institutions (Permit To Teach) (Amendment) Regulations 2017 27 November 2017 28 November 2017 PU(A) 547/1997
PU(A) 359/2017 Federal Roads (West Malaysia) (Amendment) (No. 7) Order 2017 24 November 2017 27 November 2017 PU(A) 401/1989

PU(B)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(B) 564/2017 Appointment of Date of Coming Into Operation 30 November 2017 1 December 2017 ACT A1517
PU(B) 562/2017 Appointment of Date of Coming Into Operation 30 November 2017 1 December 2017 ACT A1548
PU(B) 561/2017 Appointment of Date of Coming Into Operation 29 November 2017 30 November 2017 ACT A1518
PU(B) 560/2017 Appointment of Date of Coming Into Operation 29 November 2017 30 November 2017 ACT A1518
PU(B) 548/2017 Appointment of Date of Coming Into Operation 24 November 2017 25 November 2017 ACT A1535

Legislation Alert

Updated

Act/Principal No. Title Amended by In force from Section amended
ACT 26 Legal Aid Act 1971 ACT A1548 1 December 2017 [PU(B) 562/2017] Section 2, 2A, 2B, 15, 16, 16B, 18, 29, 29G, 29H, 29I, 32 and Fifth Schedule
PU(A) 548/1997 Private Higher Educational Institutions (Compounding of Offences) Regulations 1997 PU(A) 361/2017 28 November 2017 Regulation 4; First, Second and Third Schedules
PU(A) 546/1997 Private Higher Educational Institutions (Conducting Courses of Study) Regulations 1997 PU(A) 363/2017 28 November 2017 Regulations 3, 4, 5, 6, 6A, 7, 8 and 8A; First Schedule and Second Schedule
ACT 555 Private Higher Educational Institutions Act 1996 ACT A1535 28 November 2017 [PU(B) 548/2017] Sections 2, 12, 14, 15, 19, 24, 26, 28, 30, 31, 33A, 36, 38, 40, 40A, 42, 43, 44, 46, 51, 54, 61, 62, 75A, 76, 77, 78, 79, 82, 83 and 85
ACT 318 Strata Titles Act 1985 ACT A1518 1 January 2017 (Federal Territory of Kuala Lumpur, the Federal Territory of Putrajaya and the Federal Territory of Labuan except s. 29) [PU(B) 528/2016]; 1 January 2017 (for States of Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu except s. 29) [PU(B) 532/2016]; 1 January 2018 - s. 29 (for States of Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu) [PU(B) 560/2017]; 1 January 2018 - s. 29 (Federal Territory of Kuala Lumpur, the Federal Territory of Putrajaya and the Federal Territory of Labuan) [PU(B) 561/2017] Fifth Schedule

Revoked

Act/Principal No. Title Revoked by In force from
PU(A) 161/2017 Co-operative Societies (Assumption of Control) (Appointment) Order 2017 PU(A) 331/2017 19 June 2017
PU(A) 408/2001 Electricity Supply (Compounding of Offences) Regulations 2001 PU(A) 327/2017 25 October 2017
PU(A) 89/2012 Consumer Protection (Credit Sale) Regulations 2012 PU(A) 322/2017 1 January 2018
PU(A) 199/1969 Bankruptcy Rules 1969 PU(A) 305/2017 6 October 2017
PU(B) 472/2016 Appointment and Revocation of Appointment of Director General of the Authority PU(B) 438/2017 22 March 2017