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    CASE(S) OF THE WEEK

  • HOW CHEE HONG v. CHONG JOO TIAN & ORS [2019] 9 CLJ 383
    HIGH COURT MALAYA, KUALA LUMPUR
    NORDIN HASSAN J
    [ORIGINATING SUMMONS NO: WA-17D-26-09-2017]
    28 FEBRUARY 2019

    Abstract: The Disciplinary Committee in an inquiry under the Legal Profession Act 1976 cannot order the production of privileged documents by a solicitor without the express consent of the solicitor's client; an aggrieved solicitor may seek recourse against such an order to the High Court without the need to first appeal to the Disciplinary Board.

    CIVIL PROCEDURE: Mode of commencement - Originating summons - Complainant complained against solicitor for making false representation - Complainant entered into sham transaction following solicitor's advice - Disciplinary Committee ('DC') ordered solicitor to produce documents relevant to transaction - Solicitor filed originating summons seeking declarations that documents protected by solicitor-client privilege - Whether correct mode of commencement - Whether should be by way of judicial review application - Whether matter concerned public or private laws - Whether solicitor exhausted remedy to appeal to Disciplinary Board against DC's order before seeking reliefs at court

    LEGAL PROFESSION: Privilege - Solicitor-client privilege - Complainant complained against solicitor for making false representation - Complainant entered into sham transaction following solicitor's advice - Disciplinary Committee ('DC') ordered solicitor to produce documents relevant to transaction - Whether documents protected by solicitor-client privilege - Whether there was express consent by client - Whether solicitor barred from producing documents - Whether DC bound by solicitor-client privilege - Whether DC seized with jurisdiction to order production of documents - Legal Profession Act 1976, s. 103B(2) - Evidence Act 1950, s. 126(1)

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  • ARTICLE HIGHLIGHT

    Ministry moots raising maternity leave to 98 days, introducing three-day paternity leave

    Employment
    Ministry proposing to increase maternity leave to 98 days
    The Human Resources Ministry plans to suggest changes to employment laws that include increasing private sector maternity leave from 60 days to 98 days and introducing three days’ paternity leave. The Human Resources Ministry reportedly said it was proposing to increase the maternity leave to 98 days or equivalent to 14 weeks under the Employment Act.

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  • Sports Illustrated to cut staff as new owner takes over

    US
    Media
    Sports Illustrated employees latest victims of downsizing affecting digital and print media
    The owner of Sports Illustrated, the iconic sports magazine that has suffered a steep decline in recent years along with the broader magazine industry, announced Thursday that it would be laying off a portion of its staff. The company declined to detail how many employees were dismissed, but The Wall Street Journal reported that 40 people at the magazine had lost their jobs.

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  • Facebook can be forced to remove content worldwide after landmark EU court ruling

    EUROPE
    Technology
    Top court rules Facebook can be ordered to police and remove illegal content worldwide
    Facebook can be ordered to police and remove illegal content worldwide, Europe’s top court said on Thursday, in a landmark ruling that rights activists say raises concerns some countries could use it to silence critics. The judgment means social platforms can be forced to seek out hateful content deemed illegal by a national court in the 28-country bloc rather than wait for requests to remove posts as it currently does under EU rules.

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  • Maximum 24 months in back wages for sacked employees, court rules

    Employment
    Sacked employees only entitled to maximum 24 months in back wages
    The High Court today ruled that sacked employees are only entitled to a maximum 24 months of back wages. “Back wages cannot exceed 24 months, irrespective of whether the employee is given back his job,” judge Mariana Yahya said in allowing a judicial review application by Novartis Corporation (M) Sdn Bhd. The company took its complaint to the High Court to quash an Industrial Court award after it was ordered to pay full back wages to its chief financial officer, Leong Chee Kong.

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  • London court allows mass claim against Google over iPhone data

    UK 
    Privacy 
    Court of Appeal overturns HC ruling that blocked any route to legal redress against Google
    London’s Court of Appeal gave the go-ahead for action against Google (GOOGL.O) over claims it collected data from more than 4 million iPhone users, overturning a ruling in 2018 that in effect blocked any route to legal redress. The claimants said Google, a unit of Alphabet Inc., had illegally accessed details of Apple (AAPL.O) iPhone users’ internet browsing data by bypassing privacy settings on the Safari browser between June 2011 and February 2012.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (08 October 2019)
  • ACT 50
    Medical Act 1971
    PU(A) 153/2019
    Speed Limit (West Coast Expressway (Taiping-Banting)) Order 2019
  • Latest Revoked (30 August 2019)
  • PU(A) 248/2014
    Customs Duties (Goods Under the Framework Agreement on Comprehensive Economic Co-Operation Between Asean and China) (Asean Harmonised Tariff Nomenclature) Order 2014




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