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CASE(S) HIGHLIGHT
TETUAN KHANA & CO v. SALING LAU BEE CHIANG & ORS AND OTHER APPEALS; MALAYAN BANKING BHD (INTERVENER)
COURT OF APPEAL, PUTRAJAYA
IDRUS HARUN JCA; HASNAH MOHAMMED HASHIM JCA;
YEOH WEE SIAM JCA
[CIVIL APPEALS NO: J-02(W)-219-02-2017, J-02(W)-220-02-2017, J-02(W)-221-02-2017, J-02(W)-224-02-2017, J-02(W)-225-02-2017, J-02(W)-226-02-2017, J-02(W)-227-02-2017 & J-02(W)-228-02-2017]
22 JANUARY 2019
(Trusts; Civil Procedure - Duties - Fiduciary duty - Breach by trustees - Failure by trustees to account for losses - Whether trustees liable for losses suffered by Trust - Receiver and manager - Whether empowered to institute any legal proceedings - Judgments - Grounds of judgment - Whether decision based on evidence adequately found and on law - Application to impugn judgment by intervener - Whether judgment concerned intervener - Whether exemplary damages unconnected with substance of appeal - Whether fatally flawed)
Judgment
See also:
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TETUAN KHANA & CO v. SALING LAU BEE CHIANG & OTHER APPEALS [2019] 3 CLJ 1
- TETUAN KHANA & CO v. SALING LAU BEE CHIANG & ORS AND OTHER APPEALS [2019] 1 CLJ 501
CASE(S) OF THE WEEK
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JUSNINAWATI ABDUL GHANI v. PP
[2019] 10 CLJ 589
FEDERAL COURT, PUTRAJAYA
ALIZATUL KHAIR OSMAN FCJ; ROHANA YUSUF FCJ; MOHD ZAWAWI SALLEH FCJ;
TENGKU MAIMUN TUAN MAT FCJ; IDRUS HARUN FCJ
[CRIMINAL APPEAL NO: 05-275-11-2017(W)]
18 OCTOBER 2019
Abstract: The prosecution of an accused under s. 130M of the Penal Code for failing to report the possible commission of an offence under s. 130JA of the Code is misconceived and unsustainable in law, if such offence was alleged to have been committed on a date prior to 23 December 2016. The old s. 13(1)(a) of the Criminal Procedure Code, which was amended by Act A1521 on 23 December 2016, while imposing a duty on every person who is aware of the commission of the offence enumerated in that section to give information to the nearest police station or penghulu, does not refer to the offence of travelling to a foreign country to commit terrorist acts under s. 130 JA. It follows that such an accused was not obliged to report the information concerned and was indeed charged for an offence not known to law.
CRIMINAL LAW: Penal Code - Section 130JA - Offence of travelling to, through or from Malaysia for commission of terrorist acts in foreign country - Accused person, a police corporal, failed to disclose information on possible terrorist act to superior officers - Whether obliged and legally bound to report information to superior officers - Whether omission to disclose information illegal - Whether possible terrorist act fell under offences prescribed under s. 13(1)(a) of Criminal Procedure Code requiring disclosure
CRIMINAL PROCEDURE: Appeal - Appeal against conviction and sentence - Accused person a police corporal - Accused convicted for omitting to disclose information on possible terrorist act - Accused person sentenced to seven years' imprisonment - Whether accused person obliged and legally bound to report information to superior officers - Whether omission to disclose information illegal - Whether possible terrorist act fell under offences prescribed under s. 13(1)(a) of Criminal Procedure Code requiring disclosure - Whether s. 13(1)(a) of Criminal Procedure Code or s. 13(1)(a) of Criminal Procedure Code (Amendment) Act 2016 applied to appellant's case - Penal Code, s. 130JA
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