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  • CASE(S) HIGHLIGHT

  • ROVIN JOTY KODEESWARAN v. LEMBAGA PENCEGAHAN JENAYAH & ORS AND OTHER APPEALS
    FEDERAL COURT, PUTRAJAYA
    ABANG ISKANDAR CJ (SABAH AND SARAWAK); NALLINI PATHMANATHAN FCJ; VERNON ONG LAM KIAT FCJ;
    ZABARIAH MOHD YUSOF FCJ; HASNAH MOHAMMED HASHIM FCJ
    [CRIMINAL APPEALS NO: 05(HC)-304-12-2019(B), 05(HC)-308-12-2019(B), 05(HC)-303-12-2019(B),05(HC)-305-12-2019(B),
    05(HC)-307-12-2019(B) & 05(HC)-7-01-2020(W)]
    26 FEBRUARY 2021

    In a challenge against the constitutionality of s. 15B of the Prevention of Crime Act 1959 ('POCA') ie the ouster clause which stipulates that the courts are precluded from judicially reviewing and scrutinising the decision of the Prevention of Crime Board ordering the appellants to be detained under s. 19A(1) of the POCA, Parliament did not encroach into the judicial powers of the court by limiting judicial review to procedural non-compliance by virtue of the said s. 15B as it was within their power to do so. Parliament has the legislative power to enact federal law in relation to preventive detention under art. 149 of the Federal Constitution (FC). Section 15B of the POCA is a federal law, from where the courts derive their power in judicial review under POCA. The exercise of judicial power does not begin until and unless the court is called upon to do so. Therefore, the substratum of laws must first exist before judicial authority comes into being. There was no usurpation of judicial powers by the legislature. Section 15B, which limits judicial review by the courts only on procedural non-compliance, does not suppress the constitutional powers given to the courts as provided under art. 121 of the FC, and neither does it breach the doctrine of separation of powers between the three branches; namely, the executive, legislative and the judiciary, and thus, was not unconstitutional by virtue of art. 4(1) of the FC.

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  • ARTICLE HIGHLIGHT

    US$167,000 for breaching non-compete pact after joining TikTok owner ByteDance

    ASIA
    Technology
    Tencent wins case against ex-employee who breached non-compete agreement
    A former employee of Tencent Holdings has been slapped by a Beijing court with a fine totalling 1.1 million yuan (US$167,000) for breaking a non-compete agreement with the company after he joined TikTok -owner ByteDance , heating up the rivalry between the two Chinese internet giants. The Beijing No 1 Intermediate People’s Court on March 22 issued a ruling against Chen Shuo, who worked as a senior editor in Tencent’s content platform department for two-and-a-half years, for breaking the six-month non-compete clause in his employment contract with the Shenzhen-based company, according to court documents published on the official database China Judgements Online on March 31.

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  • Britain issues £500m sovereign sukuk

    UK
    Islamic finance
    UK issues second Sovereign Sukuk
    The British government has issued £500 million ($686.85 million) worth of Shariah-compliant sovereign bonds — seven years since it made history as the first country outside the Muslim world to issue a sovereign sukuk. The Treasury said on Thursday that “£500 million of sukuk, the Islamic equivalent of a bond, has been sold to investors based in the UK and in the major hubs for Islamic finance in the Middle East and Asia.”

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  • University warden sacked for ‘aggressive’ text messages was unfairly dismissed, tribunal rules

    UK
    Employment
    Warden was unfairly dismissed, compensation cut because of 'blunt' communications
    A lecturer accused of sending “aggressive” messages to colleagues has been awarded £15,000 for unfair dismissal after an employment tribunal ruled there had not been a proper investigation into the allegations made against him. Sitting at the Leicester Hearing Centre, employment judge Adkinson said there had not been so much as the “beginning of an investigation” into a number of allegations made against Dr Binoy Sobnack by his employer, Loughborough University.

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  • Months on from BI ruling, major insurers have paid zero claims

    UK
    Insurance
    Major insurers yet to pay out on pandemic-related BI claims despite SC ruling
    Data from the Financial Conduct Authority (FCA) shows that months on from the UK’s legal ruling on business interruption (BI) claims connected to the pandemic, many major insurers have paid out on only a fraction of claims, with some reporting no payments at all. Last week, the UK regulator reported that around £472 million has been paid out so far for claims related to the BI test case, which it first brought forward in May 2020.

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  • Norton antivirus sued by regulator as part of auto-renewing subscription probe

    UK
    Competition
    CMA takes leading antivirus software firm Norton to court in first action of its kind
    Antivirus software company Norton is being sued by the UK's competition watchdog for refusing to provide information for an investigation into auto-renewing contracts. It is the first time that the Competition and Markets Authority (CMA) has taken a company to court for refusing to comply with legal obligations in a consumer protection case, and forms part of an investigation into the antivirus sector which began in 2018.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (05 April 2021)
  • PU(A) 96/2021
    Peraturan-Peraturan Pencegahan Dan Pengawalan Penyakit Berjangkit (Langkah-Langkah Di Dalam Kawasan Tempatan Jangkitan) (Kawalan Pergerakan) (No. 4) 2021
    PU(A) 96/2021
    Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (Movement Control) (No. 4) Regulations 2021
  • Latest Revoked (08 April 2021)
  • PU(B) 208/2018
    Declaration of Road At Federal Territory of Labuan As Designated Federal Territory Road



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