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Issue #21/2018
24 May 2018

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New This Week

  1. Case(s) of the Week

    1. CIMB BANK BHD v. SEBANG GEMILANG SDN BHD & ANOR [2018] 5 CLJ 129

  2. Latest Cases

    1. Legal Network Series

    2. CLJ 2018 Volume 5 (Part 2)

  3. Articles

    1. LNS Article(s)

  4. Legislation Highlights

    1. Principal Acts

    2. Amending Acts

    3. PU(A)

    4. PU(B)

    5. Legislation Alert

CASE(S) OF THE WEEK

CIMB BANK BHD v. SEBANG GEMILANG SDN BHD & ANOR [2018] 5 CLJ 129
FEDERAL COURT, PUTRAJAYA
AHMAD MAAROP CJ (MALAYA), HASAN LAH FCJ, ABU SAMAH NORDIN FCJ, ZAHARAH IBRAHIM FCJ, BALIA YUSOF WAHI FCJ
[CIVIL APPEAL NO: 02(f)-2-01-2015(C)]
08 FEBRUARY 2018

CONTRACT: Assignment – Deed of assignment – Failure to give notice in writing pursuant to s. 4(3) of Civil Law Act 1956 – Whether assignee of debt prevented from proceeding with action – Whether there was valid equitable assignment – Liability of debtor to assignee of debt – Whether debtor liable to assignee for debt under assignment – Whether debtor liable to third party for debt where debtor made payment to customer – Whether debtor merely acted in accordance with normal banker-customer relationship – Whether payment of monies to customer done dishonestly – Whether debtor dishonest based on ordinary standards


LATEST CASES

Legal Network Series

[2017] 1 LNS 797

GEOFFERY LADU & ORS v. PERKS PRESTIGE SDN BHD & ORS

CIVIL PROCEDURE: Striking out - Writ and statement of claim - Infringement of right due to alienation - Whether 6 year time limit started to run from date of issuance of provisional lease - Whether right to sue accrues on date of alienation - Whether it was plain and obvious that plaintiffs' action is caught by limitation under the provisions of Item 97 of the Schedule to Limitation Ordinance of Sarawak - Whether there was continuing injury or damage - Whether a party guilty of delay to extent that such conduct would defeat an action filed in court was a mixed question of fact and law - Whether there were triable issues

CIVIL PROCEDURE: Striking out - Writ and statement of claim - Whether s. 2(a) of Public Authorities Protection Act 1948 ('PAPA') was available to persons acting in execution of statutory or other public duty - Whether issue of limitation under s. 2(a) of PAPA applicable when parties are of view that action should go for trial

For the plaintiff - Abun Sui; Abun Sui Anyit & Co
For the 1st defendant - Sim Hui Chuang; Reddi & Co

[2017] 1 LNS 816

LAM SIEW LEONG v. KRISHNA KUMAR R K KRISHNAN

ADMINISTRATIVE LAW: Exercise of judicial functions - Domestic tribunal - Judicial review - Action to quash decision of Stipendiary Stewards and Racing Stewards to disqualify a jockey - Whether proceedings before Stipendiary Stewards and Racing Stewards were in accordance with rules of natural justice - Whether Stipendiary Stewards are empowered to assume role of an investigator and adjudicator - Whether jockey was deprived of his right to a fair hearing - Whether jockey was afforded reasonable opportunity to defend himself - Whether appeal hearing before Racing Stewards was in accordance with rules of natural justice - Whether Stipendiary Stewards could appear in hearing of appeal before Racing Stewards

UNINCORPORATED ASSOCIATIONS: Societies - Malaysian Racing Association ('MRA') - Jockey failed to allow horse to run on its merits - Whether jockey had acted in contravention of r. 44(8) of MRA Rules

For the plaintiff - Ravee Ponusamy, P Ravee & Co
For the defendant - Mahendran Ponniah @ Mahendran Chelliah; M/s RR Chelliah Brothers

[2017] 1 LNS 831

KALIDASS SUPRAMANIAM lwn. PENGERUSI, LEMBAGA PENCEGAHAN JENAYAH & YANG LAIN

PENAHANAN PENCEGAHAN: Perintah tahanan - Permohonan untuk habeas corpus - Perintah tahanan di bawah s. 19A Akta Pencegahan Jenayah 1959 ('APJ') - Pertikaian berkenaan perlantikan keahlian Lembaga Pencegahan Jenayah ('LPJ') yang bersidang - Sama ada tedapat ketidakpatuhan s. 7B(1) APJ - Sama ada persidangan LPJ perlu dihadiri oleh timbalan pengerusi - Sama ada pengerusi dan ahli-ahli LPJ telah dilantik secara sah mengikut peruntukan s. 7B(1) APJ - Sama ada pegawai siasatan telah dilantik mengikut peruntukan s. 8 APJ

Bagi pihak pemohon - Saravanan Veeran; T/n Edmund, Saravanan & Babu
Bagi pihak responden-responden - Adilah Roslan, Peguam Kanan Persekutuan; Pejabat Penasihat Undang-Undang Kementerian Dalam Negeri

[2017] 1 LNS 850

CHEAH AI TEE v. KHOR CHIEW KHEE

FAMILY LAW: Divorce - Decree nisi - Application to vary decree nisi - Custodial order and payment of maintenance to child - Petitioner wife was earlier given custody of children while respondent husband was given access rights and further required to pay monthly maintenance - Children later choosing to live with respondent husband - Whether custody of children should be given to respondent husband and reasonable access to petitioner wife - Whether respondent husband should be allowed to cease payment of monthly maintenance of children with effect from date that children commence living with him

FAMILY LAW: Divorce - Decree nisi - Application to vary decree nisi - Maintenance to wife - Material change in respondent husband's circumstances - Husband in dire financial straits - Husband's business running at a loss - Material change in wife's fortune - Whether there was evidence of a material change of husband's circumstances between date of order of decree nisi and date of application - Whether there was deterioration of financial standing and a material increase in financial obligations

For the petitioner - Siti Hanida Abdul Kadir; Kedah Legal Aid Department
For the respondent - Loo Yook Khin; M/s YK Loo & Co

[2017] 1 LNS 1838

PP v. KHEE THUAN GIAP

CRIMINAL LAW: Dangerous Drugs Act 1952 - Offence of trafficking in dangerous drugs - Custody and control of impugned drugs - Whether accused had knowledge of dangerous drugs - Whether knowledge may be inferred

CRIMINAL PROCEDURE: Trial - Prima facie - Whether established - Whether credible evidence adduced - Whether evidence incredible enough not to be believed - Credibility of witness - 'Maximum evaluation' - Meaning of - Judicial appreciation of evidence - Criminal Procedure Code s. 180

CRIMINAL PROCEDURE: Disclosure of information - Exhibits - Failure to disclose photographs earlier to defence - Whether defence prejudiced - Interpretation of 'shall' in s. 51A Criminal Procedure Code - Whether 'shall' indicates mandatory requirement

EVIDENCE: Burden of proof - Criminal case - Beyond reasonable doubt - Whether established - Whether accused had cast reasonable doubt - Whether there was break in chain of evidence - Meaning of 'reasonable doubt' - Approach in evaluating evidence of defence - Criminal Procedure Code s. 182A

EVIDENCE: Relevancy - Conduct of accused - Shocked and running away - Whether explanation provided for such conduct - Evidence Act 1950, ss. 8 & 9

WORDS AND PHRASES: 'Shall' - Criminal Procedure Code, s. 51A - Delivery of certain documents - Failure to disclose photographs earlier to defence - Whether defence prejudiced - Defence to inspect photographs - Whether mandatory requirement

For the prosecution - Naidatul Athirah Azman, Deputy Public Prosecutor
For the accused - N Sivanathan; M/s Sivanathan

[2017] 5 LNS 29

NG TAI HENG lwn. AHMAD MAT AHIR & ANOR

LALULINTAS JALAN: Tuntutan - Kemalangan jalan raya - Isu - Liabiliti - Kuantum - Imbangan kebarangkalian - Gantirugi am dan khas - Gantirugi kecederaan - Kos prosthesis - Akta Keterangan 1950, s. 101(1), (2)

Bagi pihak plaintif - Inderpal Singh & Balwinder Singh; Saleem Gill & Partners
 Bagi pihak defendan-defendan - Gan, Ho & Razlan Hadri


CLJ 2018 Volume 5 (Part 2)

FEDERAL COURT

CIMB Bank Bhd v. Sebang Gemilang Sdn Bhd & Anor
Ahmad Maarop CJ (Malaya), Hasan Lah, Abu Samah Nordin, Zaharah Ibrahim, Balia Yusof Wahi FCJJ
(Contract - Deed of assignment - Failure to give notice in writing pursuant to s. 4(3) of Civil Law Act 1956) [2018] 5 CLJ 129 [FC]

 For the appellant - K Shanti Mogan & Hee Hui Ting; M/s Shearn Delamore & Co
 For the 1st respondent - R Kamalanathan & Vinod R Kamalanathan; M/s Vinod Kamalanathan & Assocs 

Rokiah Mhd Noor v. Menteri Perdagangan Dalam Negeri Koperasi & Kepenggunaan Malaysia & Ors
Ahmad Maarop CJ (Malaya), Richard Malanjum CJ (Sabah & Sarawak), Zaharah Ibrahim, Aziah Ali, Jeffrey Tan FCJJ
(Administrative Law; Labour Law - Employment - Public officer - Disciplinary action against Deputy CEO of Companies Commission of Malaysia - Whether Minister had actual or delegated power to dismiss) [2018] 5 CLJ 162 [FC]

 For the appellant - Khoo Guan Huat & Alyshea Low; M/s Skrine
 For the 1st, 3rd & 4th respondents - Suzana Atan & Natrah Idris; SFCs
 For the 2nd respondent - Steven Thiru & Gregory Das; M/s Shook Lin & Bok 

COURT OF APPEAL

Mewah-Oils Sdn Bhd v. Lushing Traders Pte Ltd
David Wong Dak Wah, Mary Lim, Harmindar Singh Dhaliwal JJCA
(Tort; Civil Procedure - Res judicata - Claim for tort of conversion - Multiple tortfeasors) [2018] 5 CLJ 185 [CA]

 For the appellant - Muhammad Shafee Abdullah, Sara Ann Chay Sue May; M/s Shafee & Co
 For the respondent - Philip Teoh; M/s Azmi & Assocs 

Ratnawati Hasbi Mohamad Suleiman v. Superintendent Of Land & Survey Department, Kuching Divisional Office & Anor
Mohd Zawawi Salleh, Ahmadi Asnawi, Kamardin Hashim JJCA
(Land Law; Constitutional Law - Land Acquisition - Resumption of land to State - Whether resulted in finality of award and resumption - Fundamental rights - Right to property) [2018] 5 CLJ 202 [CA]

 For the appellant/defendant - William Ding; M/s William Ding & Co Advocs
 For the respondents - JC Fong & Evy Liana Atang; State Legal Officers, Sarawak 

Tenaga Nasional Bhd v. Asia Knight Bhd
Rohana Yusuf, Vernon Ong Lam Kiat, Hasnah Mohammed Hashim JJCA
(Utilities - Electricity - Tampering - Claim for loss of revenue and expenses) [2018] 5 CLJ 227 [CA]

 For the appellant - Raja Ahmad Mohzanuddin Shah Raja Mohzan & Nur Fardhiah Mohd Nawawi; M/s Azmi & Assocs
 For the respondent - Dinesh Nair & CM Lai; M/s Bahari Choy & Nongchik 

HIGH COURT

R Ramani M Ramalingam & Ors v. Deluxe Exclusive Lounge Sdn Bhd & Another Case
Wong Kian Kheong JC
(Civil Procedure - Transfer of suits - Application to transfer suits from Intellectual Property High Court in Kuala Lumpur to High Court Johor Bahru) [2018] 5 CLJ 236 [HC]

 For the plaintiffs - Su Siew Ling & Khon Chee Peng; M/s Zaid Ibrahim & Co
 For the defendant - Mohd Fairuz Mahmood; M/s Mohd Akhir & Partners 

Ratnawati Hasbi Mohamad Suleiman v. Superintendent Of Land And Survey Department, Kuching Divisional Office & Anor
Alwi Abdul Wahab JC
(Land Law - Acquisition of land - Award of compensation - Inquiry pursuant to Memorandum of Declaration of Resumption of Land) [2018] 5 CLJ 250 [HC]

 For the plaintiff - William Ding; M/s William Ding & Co, Advocs
 For both defendants - JC Fong & Evy Liana; State Attorney General's Chambers, Sarawak 

Sulaiman & Taye v. Borneo Synergy (M) Sdn Bhd
Nordin Hassan J
(Contract; Legal Profession - Oral agreement - Proof of - Costs - Suing for costs - Agreed lump sum legal fees - Whether oral agreement enforceable) [2018] 5 CLJ 259 [HC]

 For the plaintiff - Godfrey D'Cruz; M/s Godfrey D'Cruz & Co
 For the defendant - Jasvinjit Singh; M/s Jasvinjit & Co 

SUBJECT INDEX

ADMINISTRATIVE LAW

Public officer - Disciplinary action - Disciplinary Committee ('DC') - Disciplinary action against Deputy CEO of Companies Commission of Malaysia - Recommendation by DC to Minister for revocation and dismissal from service - Appointment as Deputy CEO by Minister - Whether Minister's power limited to revoking appointment - Whether Minister had actual or delegated power to dismiss - Whether only DC could dismiss Deputy CEO - Whether dismissal void - Companies Commission of Malaysia Act 2001, ss. 6, 7, 8(4) & 11 - Statutory Bodies (Discipline and Surcharge) Act 2000, Second Schedule, regs. 3(2)(d), (g), 39
Rokiah Mhd Noor v. Menteri Perdagangan Dalam Negeri Koperasi & Kepenggunaan Malaysia & Ors
(Ahmad Maarop CJ (Malaya), Richard Malanjum CJ (Sabah & Sarawak), Zaharah Ibrahim, Aziah Ali, Jeffrey Tan FCJJ) [2018] 5 CLJ 162 [FC]

CIVIL PROCEDURE

Court - Transfer of suits - Infringement of copyright - Application to transfer suits from Intellectual Property High Court in Kuala Lumpur to High Court Johor Bahru - Allegation that facts on which suits were based occurred in Johor Bahru - Witnesses resided in Johor Bahru - Whether it was in interest of justice to transfer suits from Kuala Lumpur to Johor Bahru - Whether transfer of suits would defeat purpose of having Intellectual Property Court - Proper forum to try suits - Courts of Judicature Act 1964, s. 23(1)(a), (b) & (c) - Rules of Court 2012, O. 57 r. 1(4)(A), (B) & (C)
R Ramani M Ramalingam & Ors v. Deluxe Exclusive Lounge Sdn Bhd & Another Case
(Wong Kian Kheong JC) [2018] 5 CLJ 236 [HC]

Res judicata - Claim for tort of conversion - Multiple tortfeasors - Claimant commenced civil suit for damages in Singapore High Court - Final judgment in default of appearance entered - Whether claimant barred from instituting claim of same basis in Malaysia - Whether fact that there were two actions for conversion of same goods against different entities fatal - Whether principles of merger and res judicata applied
Mewah-Oils Sdn Bhd v. Lushing Traders Pte Ltd
(David Wong Dak Wah, Mary Lim, Harmindar Singh Dhaliwal JJCA) [2018] 5 CLJ 185 [CA]

CONSTITUTIONAL LAW

Fundamental rights - Right to property - Whether constitutionally guaranteed fundamental right - Acquisition of land by State Government of Sarawak - Inquiry - Notices to land owner - Failure of services in breach of requirement under s. 49 of Land Code (Sarawak) (Cap 81) - Land owner absent during inquiry - Whether amounted to violation of fundamental rights under art. 13 of Federal Constitution - Whether notices under s. 49 void - Whether resumption process rendered void - Land Code (Sarawak) (Cap 81), ss. 51, 52, 53 & 54
Ratnawati Hasbi Mohamad Suleiman v. Superintendent Of Land & Survey Department, Kuching Divisional Office & Anor
(Mohd Zawawi Salleh, Ahmadi Asnawi, Kamardin Hashim JJCA) [2018] 5 CLJ 202 [CA]

CONTRACT

Assignment - Deed of assignment - Failure to give notice in writing pursuant to s. 4(3) of Civil Law Act 1956 - Whether assignee of debt prevented from proceeding with action - Whether there was valid equitable assignment - Liability of debtor to assignee of debt - Whether debtor liable to assignee for debt under assignment - Whether debtor liable to third party for debt where debtor made payment to customer - Whether debtor merely acted in accordance with normal banker-customer relationship - Whether payment of monies to customer done dishonestly - Whether debtor dishonest based on ordinary standards
CIMB Bank Bhd v. Sebang Gemilang Sdn Bhd & Anor
(Ahmad Maarop CJ (Malaya), Hasan Lah, Abu Samah Nordin, Zaharah Ibrahim, Balia Yusof Wahi FCJJ) [2018] 5 CLJ 129 [FC]

Oral agreement - Proof of - Agreed lump sum legal fees - Whether agreement as to costs must be in writing and signed by parties - Agreement 'may' be made in writing under s. 116 of Legal Profession Act 1976 - Whether permissive and not mandatory - Whether oral agreement established - Whether work done proportionate with agreed legal fees - Whether oral agreement enforceable - Contracts Act 1950, ss. 9 & 10
Sulaiman & Taye v. Borneo Synergy (M) Sdn Bhd
(Nordin Hassan J) [2018] 5 CLJ 259 [HC]

LABOUR LAW

Employment - Public servant - Public officer - Disciplinary Committee ('DC') - Disciplinary action against Deputy CEO of Companies Commission of Malaysia - Recommendation by DC to Minister for revocation and dismissal from service - Appointment as Deputy CEO by Minister - Whether Minister has power only to revoke appointment - Whether only DC could dismiss Deputy CEO - Whether Minister had actual or delegated power to dismiss - Whether dismissal void - Companies Commission of Malaysia Act 2001, ss. 6, 7, 8(4) & 11 - Statutory Bodies (Discipline and Surcharge) Act 2000, Second Schedule, regs. 3(2)(d), (g), 39
Rokiah Mhd Noor v. Menteri Perdagangan Dalam Negeri Koperasi & Kepenggunaan Malaysia & Ors
(Ahmad Maarop CJ (Malaya), Richard Malanjum CJ
(Sabah & Sarawak), Zaharah Ibrahim, Aziah Ali, Jeffrey Tan FCJJ) [2018] 5 CLJ 162 [FC]

LAND LAW

Acquisition of land - Award of compensation - Land purchased by land owner with notice of Minister's declaration under s. 48 of Land Code (Sarawak) (Cap 81) - Whether compensation to be based on market value of land as at date of publication of s. 48 declaration - Failure to notify land owner of first inquiry and award of compensation - First inquiry conducted in absence of land owner - Whether second inquiry without revoking first resumption process created duplicity - Whether land owner suffered loss and damages
Ratnawati Hasbi Mohamad Suleiman v. Superintendent Of Land And Survey Department, Kuching Divisional Office & Anor
(Alwi Abdul Wahab JC) [2018] 5 CLJ 250 [HC]

Acquisition of land - Inquiry - Inquiry pursuant to Memorandum of Declaration of Resumption of Land - Land subject to Minister's declaration under s. 48 of Land Code (Sarawak) (Cap 81) - Failure by land authority to notify land owner of inquiry - First inquiry conducted in absence of land owner - Whether s. 48 declaration lapsed and extinguished upon completion of first resumption process - Whether fresh s. 49 notice based on earlier s. 48 declaration could be issued to carry out second resumption process
Ratnawati Hasbi Mohamad Suleiman v. Superintendent Of Land And Survey Department, Kuching Divisional Office & Anor
(Alwi Abdul Wahab JC) [2018] 5 CLJ 250 [HC]

Acquisition of land - Inquiry - Notice of resumption of land to State - Issuance of notice under s. 49 of Land Code (Sarawak) (Cap 81) - Failure of service to land owner - First inquiry conducted and compensation awarded in absence of land owner - Resumption of land to State - Whether resulted in finality of award and resumption - Issuance of second notice of inquiry without re-alienation to land owner - Whether second notice of inquiry was of no effect as land vested in State - Land Code (Sarawak) (Cap 81), s. 13 & 15A
Ratnawati Hasbi Mohamad Suleiman v. Superintendent Of Land & Survey Department, Kuching Divisional Office & Anor
(Mohd Zawawi Salleh, Ahmadi Asnawi, Kamardin Hashim JJCA) [2018] 5 CLJ 202 [CA]

Land Acquisition - Inquiry - Inquiry pursuant to Memorandum of Declaration of Resumption of Land - Notices to land owner - Requirement under s. 49 of Land Code (Sarawak) (Cap 81) - Whether proper service effected - Notices sent to wrong address - Whether amounted to complete failure of service - Land owner absent during inquiry - Whether land owner denied access to procedural fairness to appeal in inquiry - Whether notices under s. 49 void - Whether resumption process rendered void - Land Code (Sarawak) (Cap 81), ss. 51, 52, 53 & 54
Ratnawati Hasbi Mohamad Suleiman v. Superintendent Of Land & Survey Department, Kuching Divisional Office & Anor
(Mohd Zawawi Salleh, Ahmadi Asnawi, Kamardin Hashim JJCA) [2018] 5 CLJ 202 [CA]

LEGAL PROFESSION

Costs - Suing for costs - Agreed lump sum legal fees - Whether agreement as to costs must be in writing and signed by parties - Agreement 'may' be made in writing under s. 116 of Legal Profession Act 1976 - Whether permissive and not mandatory - Whether oral agreement established - Whether work done proportionate with agreed legal fees - Whether oral agreement enforceable - Contracts Act 1950, ss. 9 & 10
Sulaiman & Taye v. Borneo Synergy (M) Sdn Bhd
(Nordin Hassan J) [2018] 5 CLJ 259 [HC]

TORT

Conversion - Damages - Claim for - Shipment of crude palm oil without cargo owner's knowledge or consent - Actual owner of cargo of crude palm oil carried by vessel - Right to immediate possession of cargo carried on board of vessel and/or held under original bill of lading - Whether crude palm oil wrongfully received, handled, stored and dealt with - Whether there was conversion
Mewah-Oils Sdn Bhd v. Lushing Traders Pte Ltd
(David Wong Dak Wah, Mary Lim, Harmindar Singh Dhaliwal JJCA) [2018] 5 CLJ 185 [CA]

UTILITIES

Electricity - Consumption and usage - Claim for loss of revenue and expenses - Whether quantum of damages proved on balance of probabilities - Whether method of calculation for loss of revenue correct - Whether claimant established prima facie case of claim for expenses - Whether rebutted by customer - Electricity Act 1990, s. 38(1), (3) & (4)
Tenaga Nasional Bhd v. Asia Knight Bhd
(Rohana Yusuf, Vernon Ong Lam Kiat, Hasnah Mohammed Hashim JJCA) [2018] 5 CLJ 227 [CA]

Electricity - Consumption and usage - Tampering - Allegation of - Claim for loss of revenue and expenses - Whether there was meter-tampering - Whether liability proved on balance of probabilities - Whether there was statutory requirement that claimant must prove customer had access to meter installation before claim for loss of revenue could be made - Whether claimant required to show evidence of meter-tampering from recording of consumption of electricity by customer - Electricity Act 1990, s. 38(1), (3) & (4)
Tenaga Nasional Bhd v. Asia Knight Bhd
(Rohana Yusuf, Vernon Ong Lam Kiat, Hasnah Mohammed Hashim JJCA) [2018] 5 CLJ 227 [CA]


ARTICLES

LNS Article(s)

  1. THE HISTORY OF THE JUDICIAL AND LEGAL SYSTEM IN MALAYSIA [Read excerpt]
    Sheila Ramalingam* [2018] 1 LNS(A) xliii

  2. [2018] 1 LNS(A) xliii
    logo
    MALAYSIA

    THE HISTORY OF THE JUDICIAL AND LEGAL SYSTEM IN MALAYSIA

    Sheila Ramalingam*

    THE HISTORY OF MALAYSIA

    (i) Malaya

    Before the Japanese occupation, the States and Settlements of the Federation of Malaya was divided into three distinct political groups, which were the Crown Colony known as the Straits Settlements which included the Settlements of Singapore, Malacca and Penang, the Federated Malay States comprising the States of Negeri Sembilan, Pahang, Perak and Selangor which were protectorates, and the Unfederated Malay States comprising the States of Johore, Kedah, Kelantan, Perlis and Terengganu which were also protectorates.[1] After the Japanese occupation, the Malayan Union was set up in 1946 under an Order-in-Council which was in operation from 1946 to 1948.[2] However, the Malayan Union was never fully implemented because of strong Malay opposition.[3]

    . . .

    *PhD research article undertaken at Faculty of Law, University of Malaya under the supervision and guidance of Associate Professor Dr. Johan Shamsuddin bin Hj Sabaruddin and Dr. Saroja a/p Dhanapal.


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  3. TREATY ON PRINCIPLES GOVERNING THE ACTIVITIES OF STATES IN THE EXPLORATION AND USE OF OUTER SPACE, INCLUDING THE MOON AND OTHER CELESTIAL BODIES 1967 (1967 OUTER SPACE TREATY) [Read excerpt]
    TUNKU INTAN MAINURA* [2018] 1 LNS(A) xliv

  4. [2018] 1 LNS(A) xliv
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    MALAYSIA

    TREATY ON PRINCIPLES GOVERNING THE ACTIVITIES OF STATES IN THE EXPLORATION AND
    USE OF OUTER SPACE, INCLUDING THE MOON AND OTHER CELESTIAL BODIES 1967
    (1967 OUTER SPACE TREATY)


    TUNKU INTAN MAINURA*

    The purpose of this article is to offer a legal analysis to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies 1967 (1967 Outer Space Treaty)[1] in order to examine the nature of obligations that are imposed by it in terms of content and applicability. The conclusions to this paper will include a summary of the key obligations States must fulfil.

    Introduction

    The 1967 Outer Space Treaty has been regarded as the 'Magna Carta' of space law.[2] This Treaty which contains 17 articles revolves around the notion that the exploration and use of outer space will be for the benefit of all mankind and provides the general principles relating to the activities of States in the exploration and use of outer space, including the moon and other celestial bodies.[3]

    . . .

    * Faculty of Law, Universiti Teknologi MARA, 40450 Shah Alam, Selangor, Malaysia (tunkuintan@yahoo.co.uk)


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  5. THE LAW AS A SOCIAL CHANGE IN THE PLIGHT OF WIDOWS: A CASE STUDY OF SOUTH EAST NIGERIA [Read excerpt]
    Ganiat Mobolaji Olatokun* Rusniah Ahmad** [2018] 1 LNS(A) xlii

  6. [2018] 1 LNS(A) xlii
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    NIGERIA

    THE LAW AS A SOCIAL CHANGE IN THE PLIGHT OF WIDOWS:
    A CASE STUDY OF SOUTH EAST NIGERIA


    Ganiat Mobolaji Olatokun*
    Rusniah Ahmad**

    ABSTRACT

    Nigerian feminism is not reactive; it is proactive. It has a life of its own rooted in the Nigerian environment. Nigerian feminism should be defined on its own terms, not by western feminists' terms, and like women everywhere, Nigerian women have problems and they are the only ones who can set their priorities and agenda. Traditional and cultural expectations of widows in South-East Nigeria are disheartening and sorrowful. Widowhood practise in this region is generally traumatic. Vexatious cultural rites are expected of the widow in order that she is cleansed. Hence, this present study is set to challenge the traditional status quo ascribed to widowhood rites in South-East Nigeria by carrying out a case study of selected participants comprising of widows, NGOs as well as certain social actors are asking questions relating to: How relevant is the cultural widow's rite in this 21st Century and how can the law be made relevant in this present state of affairs? At the end of the study, it was revealed that women in this region have virtually resigned themselves to fate and in other words, felt that the status quo cannot be tilted. It is however, the belief of this study that apart from law being an instrument of social change, this study will further enrich the already existing literatures both in the field of law and humanities.

    . . .

    * PhD, Senior Lecturer, Private and Property Law Department, University of Ilorin. Kwara State. Nigeria. +2347038098724 kazgan2000@yahoo.com (Corresponding author).

    ** PhD, Associate Professor, College of Law, Government and International Studies (COLGIS), Universiti Utara Malaysia.


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LEGISLATION HIGHLIGHTS

Principal Acts

Number Title In force from Repealing
ACT 803 Anti-Fake News Act 2018 11 April 2018 [PU(B) 174/2018] -
ACT 802 Private Aged Healthcare Facilities and Services Act 2018 Not Yet In Force -
ACT 801 Finance (No. 2) Act 2017 As provided in the Act except s 20 - 23; 1 January 2018 [PU(B) 610/2017] - s 20, 21 and 23; 1 October 2018 [PU(B) 610/2017] - s 22 -
ACT 800 Employment Insurance System Act 2017 1 January 2018 [PU(B) 606/2017] -
ACT 799 Malaysian Border Security Agency Act 2017 29 December 2017 [PU(B) 595/2017] -

Amending Acts

Number Title In force from Principal/Amending Act No
ACT A1569 Arbitration (Amendment) (No. 2) Act 2018 8 May 2018 [PU(B) 265/2018] ACT 646
ACT A1568 Fire Services (Amendment) Act 2018 Not Yet In Force ACT 341
ACT A1567 Malaysian Anti-Corruption Commission (Amendment) Act 2018 Not Yet In Force ACT 694
ACT A1566 Limitation (Amendment) Act 2018 Not Yet In Force ACT 254
ACT A1565 Supplementary Supply (2017) Act 2018 10 April 2018  

PU(A)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(A) 125/2018 Ministers of The Federal Government Order 2018 22 May 2018 10 May 2018 ACT 2
PU(A) 124/2018 Co-Operative Societies (Assumption of Control) (Reappointment) Order 2018 18 May 2018 19 May 2018 ACT 502
PU(A) 123/2018 Goods and Services Tax (Imposition of Tax For Supplies In Respect of Designated Areas) (Revocation) Order 2018 16 May 2018 1 June 2018 ACT 762
PU(A) 122/2018 Goods and Services Tax (Application To Government) (Revocation) Order 2018 16 May 2018 1 June 2018 ACT 762
PU(A) 121/2018 Goods and Services Tax (Imposition of Tax For Supplies In Respect of Free Zones) (Revocation) Order 2018 16 May 2018 1 June 2018 ACT 762

PU(B)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(B) 265/2018 Appointment of Date of Coming Into Operation 7 May 2018 8 May 2018 ACT A1569
PU(B) 264/2018 Notice of Contested Election State Legislative Assembly For Selangor - Corrigendum 4 May 2018   PU(B) 255/2018
PU(B) 263/2018 Notice of Contested Election Parliament For Selangor - Corrigendum 4 May 2018   PU(B) 239/2018
PU(B) 262/2018 Notice Under Subregulation 11(5A) - Corrigendum 4 May 2018   PU(B) 188/2018
PU(B) 261/2018 Notification of Alteration of The Boundary of Mukim Kuala Lumpur 4 May 2018 5 May 2018 ACT 56/1965

Legislation Alert

Updated

Act/Principal No. Title Amended by In force from Section amended
PU(A) 184/2014 Goods and Services Tax (Rate of Tax) Order 2014 PU(A) 118/2018 1 June 2018 Paragraph 2
ACT 50 Medical Act 1971 PU(A) 117/2018 17 May 2018 Second Schedule
ACT 646 Arbitration Act 2005 ACT A1569 8 May 2018 [PU(B) 265/2018] Sections 2, 3A, 4, 9, 11, 19, 19A - 19J, 30, 33, 41A, 41B, 42 and 43
PU(A) 36/2014 Water Services Industry (Water Reticulation and Plumbing) Rules 2014 PU(A) 101/2018 14 April 2018 except the provisions specified in subrule 1(3); 1 January 2020 - subrule 1(3) First Schedule
F.M.S CAP. 142 Malay Reservations Enactment [As Applicable to the Federal Territory of Kuala Lumpur] PU(A) 103/2018 17 April 2018 - Federal Territory of Kuala Lumpur only Third Schedule

Revoked

Act/Principal No. Title Revoked by In force from
PU(A) 184/2013 Ministers of the Federal Government (No. 2) Order 2013 PU(A) 125/2018 10 May 2018
PU(A) 187/2014 Goods and Services Tax (Imposition of Tax For Supplies in Respect of Designated Areas) Order 2014 PU(A) 123/2018 1 June 2018
PU(A) 185/2014 Goods and Services Tax (Application to Government) Order 2014 PU(A) 122/2018 1 June 2018
PU(A) 373/2016 Goods and Services Tax (Imposition of Tax For Supplies in Respect of Free Zones) Order 2016 PU(A) 121/2018 1 June 2018
PU(A) 273/2014 Goods and Services Tax (Relief) Order 2014 PU(A) 120/2018 1 June 2018