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  • CASE(S) HIGHLIGHT

  • CCH & ANOR v. PENDAFTAR BESAR BAGI KELAHIRAN DAN KEMATIAN, MALAYSIA
    FEDERAL COURT, PUTRAJAYA
    TENGKU MAIMUN TUAN MAT CJ
    NALLINI PATHMANATHAN FCJ
    MARY LIM FCJ
    HARMINDAR SINGH DHALIWAL FCJ
    RHODZARIAH BUJANG FCJ [CIVIL APPEAL NO: 01(f)-35-11-2020(W)]
    19 NOVEMBER 2021
    [2021] CLJ JT (16)

    Fundamental rights and provisions must be construed as broadly as possible while provisions which limit those rights must be construed as narrowly as possible. The broadest possible interpretation of the word 'found exposed' in s. 19B of Part III of the Second Schedule of the Federal Constitution ('FC') is to accord it a meaning to include a child abandoned at the place of birth by the birth mother whose identity is unknown. The word 'exposed' must encompass the plight of abandoned new born children. Once it is shown that a new born child is 'found exposed', or abandoned, (i) the child is presumed to have been born to a mother who was permanently resident at the place where the finding was made; and (ii) the date of the finding is taken as the date of the birth. Therefore, a child born at a hospital in Malaysia and later abandoned by his/her birth mother is presumed to be born to a mother permanently resident in the Federation. The child then fulfils the requirement of s. 1(a) of Part II read together with s. 19B of Part III of the Second Schedule of the FC, and is therefore entitled to citizenship by operation of law.

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  • HOBALAN N VELLO v. PP
    HIGH COURT SABAH & SARAWAK, KOTA KINABALU
    AMELATI PARNELL JC
    [CRIMINAL CASE NO: BKI-45B-4-7-2021]
    22 OCTOBER 2021
    [2021] CLJ JT (15)

    In allowing bail in a non-bailable offence under s. 302 of the Penal Code, for which the accused was charged, the court revisited the case of PP v. Dato' Balwant Singh, wherein the court stated, inter alia, that the seriousness of the offence could not be the dominant factor; the court ought to also consider the health condition of the accused person.

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  • CCH & SATU LAGI lwn. PENDAFTAR BESAR KELAHIRAN DAN KEMATIAN, MALAYSIA
    MAHKAMAH RAYUAN, PUTRAJAYA
    KAMARDIN HASHIM HMR; HAS ZANAH MEHAT HMR; AZIZAH NAWAWI HMR
    [RAYUAN SIVIL NO: W-01(A)-390-08-2019]
    12 SEPTEMBER 2021

    Kelayakan untuk memperoleh kewarganegaraan melalui kuat kuasa undang-undang ditentukan semasa kelahiran. Sekiranya kelayakan tidak dipenuhi, mahkamah tiada kuasa menambah, membuang atau menimbangkan kelayakan-kelayakan lain yang tidak diperuntukkan oleh Perlembagaan Persekutuan. Undang-undang tentang kewarganegaraan di Malaysia hanya terdapat dalam Perlembagaan Persekutuan, iaitu undang-undang tertinggi Persekutuan. Oleh itu, hak terhadap kewarganegaraan tidak boleh diberi kecuali dengan peruntukan yang jelas dalam Perlembagaan Persekutuan dan tidak boleh ditambah oleh Akta Parlimen. Peruntukan Perlembagaan Persekutuan, terutama yang berkaitan kewarganegaraan, hendaklah diberi tafsiran ketat dengan menghayati bahawa penggubal berniat untuk melindungi hak istimewa ini kepada orang-orang yang benar-benar layak. (Catitan Editor: Keputusan Mahkamah Persekutuan bagi kes ini boleh diakses melalui [2021] 1 LNS 1759; [2021] CLJ JT (16)).

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  • DELL GLOBAL BUSINESS CENTER SDN BHD v. KETUA PENGARAH HASIL DALAM NEGERI
    HIGH COURT MALAYA, PULAU PINANG
    AMARJEET SINGH SERJIT SINGH JC
    [JUDICIAL REVIEW NO: PA-25-17-03-2021]
    19 AUGUST 2021

    A taxpayer who is dissatisfied with a decision of the Director General of Inland Revenue may not appeal against the decision and at the same time seek a judicial review of the same. Where therefore the DGIR has carried out a tax audit on the applicant here with respect to its trading and manufacturing activities, and decided that the relevant special incentive packages that the applicant was claiming did not make it eligible to any tax exemption under s. 127(3A) of the Income Tax Act 1967, the applicant, having filed an appeal to the Special Commissioners, cannot further or simultaneously seek a judicial review of the decision; such a course of action is inappropriate and constitutes an abuse of process.

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  • JUDICIAL QUOTES

  • "In my judgment, the trading prohibition contained in s. 89E(2) does not create a strict liability offence. That this is so is clear from the plain words of the statute. Under s. 89E(2), a person who is an "insider" is subject to the trading prohibition. Under s. 89E(1), a person is an insider if he is in possession of material non-public information, and if he knew or ought reasonably to know that the information in his possession was not in the public domain - ie that it was not generally available within the meaning of s. 89A. It must therefore be proven that an accused or defendant knew or ought to have known that the information in question was not generally available. This knowledge of the accused or defendant constitutes the mens rea element of the insider trading prohibitions." - per Azizul Azmi Adnan J in Suruhanjaya Sekuriti Malaysia v. Sreesanthan Eliathamby [2021] 7 CLJ 913




  • ARTICLE HIGHLIGHT

    EMPLOYMENT ACT TO BE AMENDED TO COVER E-HAILING DRIVERS

    MALAYSIA
    Employment

    At present, e-hailing drivers are not covered under any labour laws such as the Employment Act 1955 (Act 265)
    The government is amending the Employment Act 1955 (Act 265) to update the definition of employees and employers so that e-hailing drivers will be recognised as workers, said deputy human resources minister Awang Hashim in the Dewan Rakyat today. Responding to a question from Ahmad Jazlan Yaakub (BN-Machang) on steps that will be taken by the government to address the problem of lack of social security for e-hailing riders, Awang said that these employees were not covered under any labour laws such as the Employment Act 1955 (Act 265). “The ministry is in the process of amending the Act to better clarify the employee-employer relations in the gig industry.”

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  • WOW: EMPOWERING WOMEN THROUGH ENTREPRENEURSHIP

    MALAYSIA
    Employment

    “Give a man a fish, you feed him for a day. Teach a man to fish, you feed him for a lifetime.”
    This is the guiding principle of Women of Will (WOW), a non-governmental organisation that aims to empower disadvantaged women. It provides interest-free microcredit and conducts entrepreneurship programmes for women in B40 communities to enable them to start their own small businesses. “Our principle is to teach women how to fish, instead of giving them the fish. We want them to run their own businesses so they can support their families and not rely on handouts,” says WOW founder and president Goh Suet Lan.

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  • INDONESIA COURT ORDERS GOVERNMENT TO REVISE CONTROVERSIAL LABOUR LAW

    ASIA
    Employment

    Indonesia has two years to amend controversial Omnibus Law on Job Creation
    Indonesia's Constitutional Court on Thursday ordered the government to amend parts of a new job creation law within two years, citing procedural flaws in how the controversial legislation was handled. The law, which was passed last year and saw the revision of more than 70 existing laws, sparked protests across Indonesia and complaints that it undermined labour rights and environmental safeguards. Ruling on Thursday in a judicial review brought by unions, chief judge Anwar Usman said if changes were not made in two years, the legislation would be deemed "permanently unconstitutional". The ruling described the way the legislation was handled as procedurally flawed and in some parts, unconstitutional, including changes made after parliamentary approval.

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  • GIG ECONOMY WORKERS NOT INCLUDED UNDER DEFINITION OF WORKERS, SAYS DEPUTY MINISTER

    MALAYSIA
    Employment

    Gig economy workers are individuals who are self-employed and free, and are focused only on the job scope and the duration that has been decided with the payment already agreed upon
    Gig economy workers in the country are not included under the definition of a worker under the Employment Act 1955 (Act 265); Labour Ordinance (Sabah Chapter 67) and the Labour Ordinance (Sarawak Chapter 76), the Dewan Rakyat was told today. Deputy Human Resource Minister Datuk Awang Hashim said that thus far, there was no record or filing of labour cases regarding this group of gig workers that could be used as a benchmark (or a test case) that would allow gig economy workers to enjoy similar benefits as workers as clearly defined under the country’s labour law.

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  • FAIR WORK RULES EVERY FARM WORKER ON EVERY FARM ENTITLED TO TAKE HOME A MINIMUM RATE OF PAY

    AUSTRALIA
    Employment

    Fruit pickers on piece rate guaranteed minimum wage following landmark Fair Work ruling
    The Fair Work Commission has ruled that workers picking fruit on a piece rate must be guaranteed a minimum wage under the Horticulture Award. A piece rate is when a worker is paid according to the amount of produce they harvest, so the more fruit or vegetables harvested the more a worker is paid. The Australian Workers Union (AWU) lodged its claim with the commission in December and argued that every worker should be guaranteed a minimum casual rate, currently $25.41 per hour. In its finding delivered late yesterday, the Fair Work Commission's full bench "expressed the view that the existing pieceworker provisions in the Horticulture Award are not fit for purpose". "They do not provide a fair and relevant minimum safety net as required by the Act," it said.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (01 December 2021)
  • PU(A) 322/2021
    Perintah Jaminan Pinjaman (Pertubuhan Perbadanan) (Peremitan Cukai Dan Duti Setem) (No. 2) 2021
    PU(A) 322/2021
    Loans Guarantee (Bodies Corporate) (Remission of Tax and Stamp Duty) (No. 2) Order 2021
    AKTA 592
    Akta Levi Keuntungan Luar Biasa 1998
    ACT 592
    Windfall Profit Levy Act 1998
  • Latest Revoked (30 November 2021)
  • PU(A) 476/2010
    Stamp Duty (Remission) (No. 4) Order 2010



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