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    CASE(S) OF THE WEEK

  • DATO' SRI MOHD NAJIB HJ ABDUL RAZAK v. PP [2019] 5 CLJ 165
    COURT OF APPEAL, PUTRAJAYA
    ZABARIAH MOHD YUSOF JCA, RHODZARIAH BUJANG JCA, LAU BEE LAN JCA
    [CRIMINAL APPEAL NO: W-05-2-01-2019]
    25 MARCH 2019

    CRIMINAL LAW: Charges – Criminal charges – Applicant, former Prime Minister of Malaysia, charged with seven criminal charges relating to offences under Penal Code, Malaysian Anti-Corruption Commission Act 2009 and Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 – Appeal against decision of High Court in dismissing application for production of instrument for appointment of advocate and solicitor to conduct criminal prosecution against applicant – Whether appeal ought to be allowed

    CRIMINAL PROCEDURE: Prosecution – Conduct of criminal prosecution – Appeal against decision of High Court – High Court dismissed application for production of instrument for appointment of advocate and solicitor – Applicant, former Prime Minister of Malaysia, charged with seven criminal charges – Attorney General appointed advocate and solicitor to conduct criminal prosecution against applicant – Whether written consent or sanction of Public Prosecutor required – Whether applicant prejudiced by appointment of advocate and solicitor – Criminal Procedure Code, ss. 51, 129, 333, & 379 – Interpretation Acts 1948 and 1967, s. 55

    CRIMINAL PROCEDURE: Appeal – Appeal against decision of High Court – High Court dismissed application for production of instrument for appointment of advocate and solicitor – Applicant, former Prime Minister of Malaysia, charged with seven criminal charges – Attorney General appointed advocate and solicitor to conduct criminal prosecution against applicant – Whether written consent or sanction of Public Prosecutor required – Whether application disclosed valid reasons or basis – Whether announcement of appointment of advocate and solicitor in media release satisfied Attorney General’s duty to applicant – Whether appeal ought to be allowed – Criminal Procedure Code, ss. 51, 129, 333, & 379 – Interpretation Acts 1948 and 1967, s. 55

    EVIDENCE: Privilege – Solicitor-client privilege – Applicant, former Prime Minister of Malaysia, charged with seven criminal charges – Attorney General appointed advocate and solicitor to conduct criminal prosecution against applicant – High Court dismissed applicant’s application for production of instrument for appointment of advocate and solicitor – Whether sight of letter of appointment warranted – Whether there was solicitor-client privilege between Attorney General and advocate – Evidence Act 1950, s. 126

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  • ARTICLE HIGHLIGHT

    Cafe ordered to pay $1,676 after deal with Instagram influencer ends in tears

    AUSTRALIA
    Social media
    Café ordered to pay Instagram influencer A$1,600
    Businesses are being advised to draw up iron-clad contracts with Instagram influencers after a Melbourne-based cafe was ordered to pay $1,676 over a social media stoush. In a case of our times, last week the Victorian Civil and Administrative Tribunal (VCAT) heard a dispute between Melbourne-based cafe Legacy and Instagram influencer Chloe Roberts over social media advertising.

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  • Uber drivers are contractors, not employees, U.S. labor agency says

    US
    EMPLOYMENT
    Uber drivers not employees under federal labour law
    Drivers for ride-hailing company Uber Technologies Inc are independent contractors and not employees, the general counsel of a U.S. labor agency has concluded, in an advisory memo that is likely to carry significant weight in a pending case against the company and could prevent drivers from joining a union.

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  • In landmark case, Brazil sues top tobacco firms to recover public health costs

    SOUTH AMERICA
    Health
    Brazil sues British American Tobacco, Philip Morris and subsidiaries in landmark case
    Brazil is suing the world’s largest cigarette makers, British American Tobacco Plc and Philip Morris International, in a landmark case aimed at recovering the public health treatment costs of tobacco-related diseases over the last five years. Health News May 23, 2019 / 2:00 AM / 4 days ago In landmark case, Brazil sues top tobacco firms to recover public health costs 3 Min Read BRASILIA (Reuters) - Brazil is suing the world’s largest cigarette makers, British American Tobacco Plc and Philip Morris International, in a landmark case aimed at recovering the public health treatment costs of tobacco-related diseases over the last five years.

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  • Sawmill worker who was sacked for refusing to give his fingerprints to his boss WINS landmark unfair dismissal case

    AUSTRALIA
    Employment
    Worker sacked for not giving fingerprints as part of new work sign-in wins landmark case
    A man who was fired after he refused to give his fingerprints to his boss as part of a new sign-in system has won a landmark unfair dismissal case. Jeremy Lee was sacked from Queensland sawmill company Superior Wood in February last year, after refusing to provide his employers with the data. 'It's my biometric data. It's not appropriate for them to have it,' he told RN's The Law Report. Mr Lee went on to win the first unfair dismissal decision of its kind in Australia, after representing himself before the Fair Work Commission, the ABC reported.

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  • Swiss court declares Uber driver 'employee not contractor

    EUROPE 
    Employment 
    Former Uber driver held to be employee in potentially landmark decision
    The ruling by the labour court in Lausanne, which has not been made public, is the first of its kind in Switzerland, labour lawyer Remy Wyler told the AFP news agency. Between April 2015 and December 2016 the driver was logged in to the UberPop app for more than 5,600 hours and completed more than 9,000 trips.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (23 May 2019)
  • ACT 174
    Educational Institutions (Discipline) Act 1976
  • Latest Revoked (11 April 2019)
  • PU(A) 1/1989
    Factories and Machinery (Noise Exposure) Regulation 1989




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