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Issue #21/2019
23 May 2019

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New This Week

  1. Case(s) of the Week

    1. DATO' SRI MOHD NAJIB HJ ABDUL RAZAK v. PP [2019] 5 CLJ 165

  2. Latest Cases

    1. Legal Network Series

    2. CLJ 2019 Volume 5 (Part 2)

  3. Articles

    1. LNS Article(s)

    2. CLJ 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

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


LATEST CASES

Legal Network Series

[2018] 1 LNS 520

WONG LIONG SOON v. MALAYSIAN ANTI-CORRUPTION COMMISSION

CRIMINAL LAW: Corruption - Corruptly offering gratification - Inducement to customs officer not to take action against accused for smuggling liquor and cigarettes - Whether ingredients of offence in charge established - Whether prima facie case established - Malaysian Anti-Corruption Commission Act 2009, s. 17(b)

CRIMINAL PROCEDURE: Appeal - Appeal against conviction - Offence relating to corruption - Case was transferred to different court for trial - Whether court has power to order transfer of a criminal cause or matter where interests of justice so requires pursuant to s. 104 of the Subordinate Courts Act 1948 - Whether charge as framed had sufficiently set out all particulars as required under s. 17(b) of Malaysian Anti-Corruption Commission Act 2009

CRIMINAL PROCEDURE: Appeal - Appeal against sentence - Appellate intervention - Offence relating to corruption under s. 17(b) of Malaysian Anti-Corruption Commission Act 2009 - Accused was sentenced to 4 years imprisonment and fine of RM100,000 in default of 12 months imprisonment - Whether sentence was manifestly excessive - Whether mere fact that an appellate court would have passed a different sentence from that given in the court below provides a ground for interference

  • For the appellant - Voon Lee Shan; M/s Voon & Co Advocates
  • For the respondent - DPP Law Chin How, Deputy Public Prosecutor, MACC

[2018] 1 LNS 408

RRAS BAKTI (M) SDN BHD v. FELCRA PLANTATION SERVICES SDN BHD

CIVIL PROCEDURE: Amendment - Defence - Amendment to statement of defence - Failure to indicate provision of Rules of Court 2012 which form basis of application - Notice of application failed to state grounds of application in body itself - Application was made at a very late stage - Whether failure to cite specific provision of law in notice of application would render an application defective - Whether notice of application was complete and regular - Whether there was reasonable explanation for delay - Whether amendment application should be allowed

  • For the plaintiff - T Revathy; M/s Revathy Thurai & Associates
  • For the defendant - Mohd Fadly Zakariya & Mohd Nadzir Ibrahim; M/s Yazid Baba & Partners

[2018] 1 LNS 464

MOHD SHABUDIN ABU HASSAN, WAKIL DIRI KEPADA AKIF FAHMI MOHD SHABUDIN, SIMATI v. MUHAMMAD SAFWAN ABU BAKAR & ORS

ROAD TRAFFIC: Negligence - Road accident - Collision between motorcycle and car - Ascertaining liability - Parties' voluntarily speeding on highway - Accident occurred in blink of an eye - Plaintiff admit that he was riding at high speed and was unable to stop in time - Whether cause of initial collision could be wholly contributed by rider of motorcycle - Whether principle of volenti non fit injuria was applicable - Whether plaintiff and defendants were equally liable

  • For the appellant - Vinod Kamalanthan; M/s Vinod Kamalanathan & Associates
  • For the 1st respondent - Khairul Aiman Kamar Rozaman; M/s G Dorai & Co
  • For the 2nd and 3rd respondent - Hema Vathani Balakrishnan; M/s SG Lingam & Co

[2018] 1 LNS 117

PP lwn. MOHD NOOR RAMLI

UNDANG-UNDANG JENAYAH: Dadah berbahaya - Pengedaran - Pemilikan - Penyandaran kepada anggapan pengedaran di bawah s. 37(da) Akta Dadah Berbahaya 1952 ('ADB') - Dadah dijumpai di dalam motokar - Motokar telah dihantar ke bengkel pada hari kejadian - Sama ada pemilikan merupakan pra-syarat yang perlu dibuktikan sebelum membangkitkan anggapan di bawah s. 37(da) ADB - Sama ada tertuduh mempunyai jagaan dan kawalan keatas dadah - Sama ada terdapat akses oleh orang lain kepada motokar sebelum tertuduh ditangkap - Sama ada anggapan pengedaran di bawah s. 37(da) ADB boleh digunakan di dalam keadaan pihak pendakwaan gagal membuktikan pemilikan

PROSEDUR JENAYAH: Penyiasatan polis - Pegawai penyiasat - Tugas dan tanggungjawab - Sama ada pegawai penyiasat perlu membuat penyiasatan yang menyeluruh terhadap keadaan yang boleh menyelamatkan tertuduh daripada pertuduhan - Sama ada pegawai penyiasat perlu menanyakan soalan-soalan yang boleh membantu tertuduh di dalam pembelaannya

PROSEDUR JENAYAH: Pendakwaan - Kes prima facie - Pertuduhan pemilikan dan pengedaran dadah berbahaya - Dadah dijumpai di dalam motokar - Motokar telah dihantar ke bengkel pada hari kejadian - Foreman tidak dipanggil untuk memberi keterangan - Sama ada kegagalan memanggil foreman meninggalkan kelompangan di dalam kes pendakwaan - Sama ada elemen pemilikan telah dibuktikan oleh pihak pendakwaan

  • Bagi pihak pendakwaan - Jayanthi Nagapan, Timbalan Pendakwa Raya
  • Bagi pihak tertuduh - Ghazali Ismail; T/n Ghazali Ismail & Co

[2018] 1 LNS 51

PP lwn. KAMRAN ILYAS MUHAMMAD ILYAS

PROSEDUR JENAYAH: Pembelaan - Pembawa ikhlas - Pertuduhan mengedar dadah berbahaya - Dadah dijumpai di dalam beg - Tertuduh mendakwa tidak mempunyai pengetahuan berkenaan kandungan beg - Dakwaan beg diberikan oleh satu personaliti di kawasan karusel secara tiba-tiba - Sama ada anggapan s. 37(d) Akta Dadah Berbahaya 1952 telah dipatahkan - Sama ada pembelaan pembawa ikhlas terpakai - Sama ada wujud tindakan 'wildful blindness' - Sama ada tertuduh dianggap mengetahui kandungan beg yang berisi dadah

  • Bagi pihak perayu - Jasmee Hameeza Jaafar; Timbalan Pendakwa Raya Jabatan Peguam Negara
  • Bagi pihak responden - Rajpal Singh & Tiew Poh Nee; T/n Rajpal, Firah & Vishnu

CLJ 2019 Volume 5 (Part 2)

FEDERAL COURT

Majlis Peguam v. Cecil Wilbert Mohanaraj Abraham
Richard Malanjum CJ, David Wong Dak Wah CJ (Sabah & Sarawak), Ramly Ali, Balia Yusof Wahi, Mohd Zawawi Salleh FCJJ
(Legal Profession - Disciplinary proceedings - Complaint against advocate and solicitor - Complaint by Bar Council to Disciplinary Board against advocate and solicitor for professional misconduct) [2019] 5 CLJ 139 [FC]

COURT OF APPEAL

Dato' Sri Mohd Najib Hj Abdul Razak v. PP
Zabariah Mohd Yusof, Rhodzariah Bujang, Lau Bee Lan JJCA
(Criminal Law; Criminal Procedure; Evidence - 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) [2019] 5 CLJ 165 [CA]

Hazrin Izzuddin Jamaluddin & Yang Lain lwn. PP
Mohtarudin Baki, Zakaria Sam, Ab Karim Ab Jalil HHMR
(Undang-undang Jenayah - Pengubahan wang haram - Penyitaan - Permohonan pembatalan perintah pembekuan dan penyitaan harta) [2019] 5 CLJ 179 [CA]

HIGH COURT

Cheong Voon Han v. Thevan Subramaniam & Anor
Mohamad Shariff Abu Samah JC
(Damages - Personal injuries - Quantum - Appeal against) [2019] 5 CLJ 196 [HC]

Dato' Sri Mohd Najib Hj Abdul Razak v. PP
Mohd Nazlan Ghazali J
(Criminal Law; Criminal Procedure - Prosecution - Conduct of criminal prosecution - Application for production of instrument for appointment of advocate and solicitor) [2019] 5 CLJ 217 [HC]

Insulflex Corporation Sdn Bhd v. Adwize Sdn Bhd & Ors
Mohamed Zaini Mazlan J
(Civil Procedure - Judgment - Consent judgment - Application to set aside consent order) [2019] 5 CLJ 235 [HC]

Nur Hidayah Salahuddin v. Department Of Social Welfare & Anor
Chan Jit Li JC
(Children & Young Persons - Guardianship - Placing child in custody of fit and proper person) [2019] 5 CLJ 244 [HC]

PP lwn. Mohd Idris Mohd Yusof
Asmadi Hussin PK
(Undang-undang Jenayah - Akta Senjata Api (Penalti Lebih Berat) 1971 - Seksyen 7(1) - Kesalahan berdagang senjata api) [2019] 5 CLJ 254 [HC]

SUBJECT INDEX

CHILDREN & YOUNG PERSONS

Guardianship - Placing child in custody of fit and proper person - Mother appealed against decision of Court for Children awarding custody of child to guardian - Whether mother deprived of counsel - Whether there was procedural non-compliance - Whether there was wrongful appreciation of facts - Whether order ought to be in child's interest - Child Act 2001, ss. 18, 19(2), 30(1)(b)
Nur Hidayah Salahuddin v. Department Of Social Welfare & Anor
(Chan Jit Li JC) [2019] 5 CLJ 244 [HC]

CIVIL PROCEDURE

Judgment - Consent judgment - Application to set aside consent order - Clause in consent order deemed to be against public policy - Whether consent judgment ought to be set aside - Whether merely an ancillary clause and not main consideration of consent judgment - Whether parties taken proactive steps to comply with other terms in consent judgment - Whether clause could be severed from consent judgment - Whether objective of consent judgment could still be met
Insulflex Corporation Sdn Bhd v. Adwize Sdn Bhd & Ors
(Mohamed Zaini Mazlan J) [2019] 5 CLJ 235 [HC]

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
Dato' Sri Mohd Najib Hj Abdul Razak v. PP
(Zabariah Mohd Yusof, Rhodzariah Bujang, Lau Bee Lan JJCA) [2019] 5 CLJ 165 [CA]

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 - Application for production of instrument for appointment of advocate and solicitor to conduct criminal prosecution against applicant - Whether application ought to be allowed
Dato' Sri Mohd Najib Hj Abdul Razak v. PP
(Mohd Nazlan Ghazali J) [2019] 5 CLJ 217 [HC]

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
Dato' Sri Mohd Najib Hj Abdul Razak v. PP
(Zabariah Mohd Yusof, Rhodzariah Bujang, Lau Bee Lan JJCA) [2019] 5 CLJ 165 [CA]

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
Dato' Sri Mohd Najib Hj Abdul Razak v. PP
(Zabariah Mohd Yusof, Rhodzariah Bujang, Lau Bee Lan JJCA) [2019] 5 CLJ 165 [CA]

Prosecution - Conduct of criminal prosecution - Application for production of instrument for appointment of advocate - Applicant, former Prime Minister of Malaysia, charged with seven criminal charges - Whether there was clarity in application - Whether applicant challenging appointment of advocate and solicitor or merely seeking production of instrument of appointment
Dato' Sri Mohd Najib Hj Abdul Razak v. PP
(Mohd Nazlan Ghazali J) [2019] 5 CLJ 217 [HC]

Prosecution - Conduct of criminal prosecution - 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 - Applicant sought production of copy of letter of appointment and copies of other authorisation for appointment of advocate and solicitor - Whether written consent or sanction of Public Prosecutor required - Whether application supported by law - Whether application disclosed valid reasons - Whether advocate and solicitor had necessary locus standi to prosecute on behalf of Public Prosecutor - Whether applicant prejudiced by appointment of advocate and solicitor - Whether instrument of appointment had become official secret under Official Secrets Act 1972 thus prohibiting disclosure - Criminal Procedure Code, ss. 51, 129, 377(b)(1) & 379 - Interpretation Acts 1948 and 1967, s. 55
Dato' Sri Mohd Najib Hj Abdul Razak v. PP
(Mohd Nazlan Ghazali J) [2019] 5 CLJ 217 [HC]

DAMAGES

Personal injuries - Quantum - Appeal against - Appellant suffered serious head injuries causing permanent disabilities - Whether lower court judge sufficiently considered all issues raised - Whether misdirection of fact and law by lower court judge - Whether lower court judge correctly calculated appellant's actual income - Whether general damages and special damages increased
Cheong Voon Han v. Thevan Subramaniam & Anor
(Mohamad Shariff Abu Samah JC) [2019] 5 CLJ 196 [HC]

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
Dato' Sri Mohd Najib Hj Abdul Razak v. PP
(Zabariah Mohd Yusof, Rhodzariah Bujang, Lau Bee Lan JJCA) [2019] 5 CLJ 165 [CA]

LEGAL PROFESSION

Disciplinary proceedings - Complaint against advocate and solicitor - Complaint by Bar Council to Disciplinary Board against advocate and solicitor for professional misconduct - Allegation that advocate and solicitor involved in or responsible for drafting of statutory declaration - Whether letter of complaint amounted to complaint envisaged under Legal Profession Act 1976 - Whether evidence met threshold of beyond reasonable doubt test - Whether there was proper appreciation of circumstantial evidence - Whether misconduct proved - Whether disciplinary body acted fairly and judicially - Whether Bar Council proved case against advocate and solicitor - Legal Profession Act 1976, ss. 94(3), 99(1)
Majlis Peguam v. Cecil Wilbert Mohanaraj Abraham
(Richard Malanjum CJ, David Wong Dak Wah CJ (Sabah & Sarawak), Ramly Ali, Balia Yusof Wahi, Mohd Zawawi Salleh FCJJ) [2019] 5 CLJ 139 [FC]

INDEKS PERKARA

UNDANG-UNDANG JENAYAH

Akta Senjata Api (Penalti Lebih Berat) 1971 - Seksyen 7(1) - Kesalahan berdagang senjata api - Dakwaan - Sama ada senapang patah adalah suatu 'senjata api' - Sama ada tertuduh berdagang senjata api tanpa lesen - Sama ada tertuduh berhak mendapat manfaat daripada keraguan akibat dua versi bercanggah - Sama ada saksi participis criminis yang terlibat dengan kesalahan yang dikatakan dilakukan oleh tertuduh - Sama ada saksi kredibel - Kegagalan pihak pendakwaan meminta tertuduh mengemukakan lesen untuk menjual atau memindah milik senjata api - Sama ada meninggalkan lompang dalam kes pendakwaan - Sama ada pendakwaan gagal membuktikan kes prima facie terhadap tertuduh - Akta Senjata Api 1960, s. 9(1)
PP lwn. Mohd Idris Mohd Yusof
(Asmadi Hussin PK) [2019] 5 CLJ 254 [HC]

Pengubahan wang haram - Penyitaan - Permohonan pembatalan perintah pembekuan dan penyitaan harta - Sama ada harta subjek kesalahan jenayah bawah s. 4 Akta Pencegahan Pengubahan Wang Haram, Pencegahan Pembiayaan Keganasan dan Hasil daripada Aktiviti Haram 2001 ('AMLATFAPUA') - Sama ada perintah tamat tempoh - Sama ada pertuduhan bawah AMLATFAPUA dibuat dalam tempoh kuat kuasa - Sama ada mahkamah menerima izin mendakwa daripada Pendakwa Raya - Sama ada mahkamah 'take cognisance' pertuduhan terhadap perayu-perayu - Sama ada permohonan pembatalan perintah wajar dibenarkan - Akta Pencegahan Pengubahan Wang Haram, Pencegahan Pembiayaan Keganasan dan Hasil daripada Aktiviti Haram 2001, ss. 44(5), 52A & 56(1) - Kanun Tatacara Jenayah, ss. 2, 128(1)(a)
Hazrin Izzuddin Jamaluddin & Yang Lain lwn. PP
(Mohtarudin Baki, Zakaria Sam, Ab Karim Ab Jalil HHMR) [2019] 5 CLJ 179 [CA]


ARTICLES

LNS Article(s)

  1. ISMAIL NASARUDDIN BIN ABDUL WAHAB v. MALAYSIAN AIRLINE SYSTEM BERHAD* [Read excerpt]
    by JAMIE GOH MOON HOONG [2019] 1 LNS(A) lxiv

  2. [2019] 1 LNS(A) lxiv
    logo
    MALAYSIA

    ISMAIL NASARUDDIN BIN ABDUL WAHAB v. MALAYSIAN AIRLINE SYSTEM BERHAD*

    by
    JAMIE GOH MOON HOONG

    Facts

    On 8 November 2013, it was brought to Malaysian Airline System Berhad's ("MAS") attention that The Sun newspaper was carrying an article on the National Union of Flight Attendants Malaysia's ("NUFAM") call for the resignation of the Chief Executive Officer of MAS.

    The published article referred to an interview the claimant, Ismail Nasaruddin Bin Abdul Wahab, ("Ismail Nasaruddin"), conducted with Sunbiz where the article also made reference to a press statement issued by NUFAM. The article also raised various other allegations against MAS. At the material time, Ismail Nasaruddin was the President of NUFAM and a member of its Executive Committee.

    . . .

    * Published with kind permission of M/s Shearn Delamore & Co.


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  3. COMMERCIAL ARBITRATION: KEY CONSIDERATIONS [Read excerpt]
    by PHILIP TEOH* [2019] 1 LNS(A) lxvii

  4. [2019] 1 LNS(A) lxvii
    logo
    MALAYSIA

    COMMERCIAL ARBITRATION: KEY CONSIDERATIONS

    by
    PHILIP TEOH*

    Arbitration serves as an immensely beneficial avenue for resolving commercial disputes between two parties. It is the most popular mode of dispute resolution for disputes between commercial parties especially if they are of different nationalities.

    The function of Arbitration as a means of dispute settlement is not always understood. This Article aims to provide an overview of the utility of Commercial Arbitration and how it can function as an essential part of the parties’ contract and dealings.

    . . .

    * Philip heads the Shipping, Insurance and International Trade Practice in Azmi & Associates. He has been in legal practice in Singapore and Malaysia for the past 29 years. He is an Arbitrator and is empaneled with AIAC, SCMA, LMAA, LCIA and other International Arbitral Institutions. He is also the author of key Practitioners Texts e.g. Halsbury's Laws of Malaysia on Equity, Conflict of Laws, Sale of Goods and the Shipping Titles, Annotated Merchant Shipping Laws, Forms and Precedents on Shipping, Chapter on Carriage of Goods in Bullen, Leake & Jacob Malaysia.

    His Profile can be accessed on LinkedIn: https://www.linkedin.com/in/philipteoh


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  5. THE MODERNISATION OF JUSTICE* [Read excerpt]
    by RT HON SIR ERNEST RYDER [2019] 1 LNS(A) lxv

  6. [2019] 1 LNS(A) lxv
    logo
    UNITED KINGDOM

    THE MODERNISATION OF JUSTICE*

    by
    RT HON SIR ERNEST RYDER

    1. Just over a week ago at approximately 12 noon on the opening day of the 1st International Forum of Digital Courts in London, there was a notable event. The President of the Caribbean Court of Justice, The Hon Mr Justice Saunders, and the Rt Hon Sir Dennis Byron, spoke to approximately 200 delegates, judges and justice administrators, from over 25 countries. They did so by embedding a video into a presentation that illustrated their content graphically, supported by an App that the conference delegates and organisers could load for free.

    2. They prepared and delivered the presentation overnight while London slept. What was notable was not just how normal and commonplace it has become for lawyers including Chief Justices to speak across continents (for they remained at home in the Caribbean while we were looking across the City of London from the 8th floor of the conference centre at the figure of 'Lady Justice' who sits blindfolded with her scales and sword atop the Old Bailey.

    . . .

    * Published with kind permission of the Judicial Communications Office, Judiciary of England and Wales (https://www.judiciary.uk/publications/speech-by-senior-president-of-tribunals-the-modernisation-of-justice/).


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  7. UNIVERSAL DECEPTION OF ENVIRONMENTAL DESTRUCTION [Read excerpt]
    by Prof. Abdul-Qadur Zubair* Olagunju-Ibrahim, Ridwan Olawale (Ph.D)** [2019] 1 LNS(A) lxvi

  8. [2019] 1 LNS(A) lxvi
    logo
    NIGERIA

    UNIVERSAL DECEPTION OF ENVIRONMENTAL DESTRUCTION

    by
    Prof. Abdul-Qadur Zubair*
    Olagunju-Ibrahim, Ridwan Olawale (Ph.D)**

    ABSTRACT

    The Quran being a revelation from the Almighty Allah provides for and details all that is needed for man, His creation, to successfully live in a world He himself has created. A part of what that hallowed book provides for is a complete environmental regime. In over 700 verses in the Quran, Allah details how the environment should be treated to avoid havoc being wreaked to it. Since the Quran provides man with a complete environmental regime, it is contended in this paper that the term 'climate change' is a deception as the climate does not change; rather, it is man that destroys the environment through his numerous selfish activities.

    . . .

    * First Professor of Islamic Law in West Africa and former Dean, Faculty of Law, University of Ilorin, Nigeria where he currently remains a lecturer in the Department of Islamic Law.

    ** Lecturer 1, Department of Islamic Law, Faculty of Law, University of Ilorin.


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CLJ Article(s)

  1. THE EVOLUTION OF MALAYSIAN PRIVACY LAW - CUCKOO IN THE NEST? [Read excerpt]
    by BAHARI YEOW, LIM ZHI JIAN & SONALI NITIN NADKARNI* [2019] 5 CLJ(A) xi

  2. [2019] 5 CLJ(A) xi
    logo
    MALAYSIA

    THE EVOLUTION OF MALAYSIAN PRIVACY LAW - CUCKOO IN THE NEST?

    by
    BAHARI YEOW, LIM ZHI JIAN & SONALI NITIN NADKARNI*

    Introduction

    Privacy is an important aspect of human autonomy. This is proven in its recognition as a human right.[1] In the information age, privacy (or a lack thereof) is becoming an increasingly pressing issue. Technological advances in the internet, browser tracking, hidden cameras and CCTVs, sound recorders, and camera-equipped drones further facilitate the availability and dissemination of private information. The recent Facebook-Cambridge Analytica data scandal, where roughly 87 million[2] Facebook users' private data was illicitly harvested, is the perfect illustration of why privacy law must necessarily evolve in order to protect the personal lives of individuals and control the abuse of technology. However, the demand for access to private information is also growing, as it plays an important role in our celebrity - and social media-driven culture, business and marketing schemes which are tailored to the individual, as well as in maintaining transparency and accountability in the political world.

    . . .

    * Advocates & Solicitors; Lee Hishammuddin Allen & Gledhill.


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LEGISLATION HIGHLIGHTS

Principal Acts

Number Title In force from Repealing
ACT 812 Finance Act 2018 The Income Tax Act 1967 [Act 53] see s 3; The Promotion of Investments Act 1986 [Act 327] see s 31; The Stamp Act 1949 [Act 378] see s 63; The Real Property Gains Tax Act 1976 [Act 169] see s 69; The Labuan Business Activity Tax Act 1990 [Act 445] see s 71; The Service Tax Act 2018 [Act 807] see s 83; The Sales Tax Act 2018 [Act 806] see s 91 -
ACT 811 Suruhanjaya Pengangkutan Awam Darat (Dissolution) Act 2018 1 January 2019 [PU(B) 732/2018] -
ACT 810 Subang Golf Course Corporation Act 1968 (Revised 2018) 12 November 2018 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 1 November 2018; First enacted in 1968 as Act of Parliament No 26 of 1968; First Revision - 1993 (Act 509 wef 8 October 1993) -
ACT 809 Pool Betting Act 1967 (Revised 2018) 12 November 2018 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 1 November 2018; First enacted in 1967 as Act of Parliament No 72 of 1967; First Revision - 1989 (Act 384 wef 21 September 1989) -
ACT 808 National Anthem Act 1968 (Revised 2018) 1 November 2018 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 15 October 2018; First enacted in 1968 as Act of Parliament No 20 of 1968; First Revision - 1989 (Act 390 wef 19 October 1989) -

Amending Acts

Number Title In force from Principal/Amending Act No
ACT A1589 Co-Operative College (Incorporation) (Amendment) Act 2019 1 September 2011 - only Part II of this Act ACT A1398; ACT NO. 35 TAHUN 1968; ACT 437
ACT A1588 Street, Drainage And Building (Amendment) Act 2019 Not Yet In Force ACT 133
ACT A1587 Hire-Purchase (Amendment) Act 2019 1 March 2019 [PU(B) 117/2019] ACT 212
ACT A1586 Children And Young Persons (Employment) (Amendment) Act 2019 1 February 2019 [PU(B) 62/2019] ACT 350
ACT A1585 Road Transport (Amendment) Act 2019 1 March 2019 [PU(B) 113/2019] ACT 333

PU(A)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(A) 125/2019 Educational Institutions (Discipline) (Amendment Of First Schedule) Order 2019 6 May 2019 23 May 2018 ACT 174
PU(A) 124/2019 Price Control And Anti-Profiteering (Determination Of Maximum Retail Price For Petrol And Diesel) (No. 14) Order 2019 3 May 2019 4 May 2019 ACT 723
PU(A) 123/2019 Customs (Uniforms) Order 2019 30 April 2019 1 May 2019 ACT 235
PU(A) 122/2019 Fees (Employment Pass, Visit Pass (Temporary Employment) And Work Pass) (Amendment) Order 2019 30 April 2019 30 April 2019 PU(A) 479/1998
PU(A) 121/2019 Road Transport (Prohibition Of Use Of Road) (City Of Kuala Lumpur) (No. 2) Order 2019 30 April 2019 1 May 2019 ACT 333

PU(B)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(B) 206/2019 Appointment Of Members And Alternate Members Of The Board 23 April 2019 24 April 2019 ACT 656
PU(B) 205/2019 Appointment Of Members Of The Advisory Board 23 April 2019 15 January 2019 to 14 January 2021 ACT 190; PU(A) 172/1989
PU(B) 204/2019 Notification Of Values Of Palm Kernel Under Section 12 23 April 2019 1 May 2019 to 31 May 2019 ACT 235
PU(B) 203/2019 Notification Of Values Of Crude Petroleum Oil Under Section 12 23 April 2019 26 April 2019 to 9 May 2019 ACT 235
PU(B) 202/2019 Notification Of Application For Registration Of New Plant Variety And Grant Of Breeder's Right 22 April 2019 23 April 2019 ACT 634

Legislation Alert

Updated

Act/Principal No. Title Amended by In force from Section amended
ACT 174 Educational Institutions (Discipline) Act 1976 PU(A) 125/2019 23 May 2018 First Schedule
PU(A) 479/1998 Fees (Employment Pass, Visit Pass (Temporary Employment) and Work Pass) Order 1998 PU(A) 122/2019 30 April 2019 Schedule IA
PU(A) 303/1983 Farmers' Organization Regulations 1983 PU(A) 115/2019 1 May 2019 Regulations 35 and 44
ACT 366 Poisons Act 1952 (Revised 1989) PU(A) 112/2019 19 April 2019 Third Schedule
ACT 225 Malaysian Examinations Council Act 1980 PU(A) 110/2019 16 April 2019 First Schedule

Revoked

Act/Principal No. Title Revoked by In force from
PU(A) 1/1989 Factories and Machinery (Noise Exposure) Regulation 1989 PU(A) 59/2019 1 June 2019
PU(A) 284/2016 Excise Duties (Labuan) Order 2016 PU(A) 89/2019 27 March 2019
PU(A) 283/2016 Excise Duties (Langkawi) Order 2016 PU(A) 88/2019 27 March 2019
PU(A) 286/2016 Customs Duties (Labuan) Order 2016 PU(A) 87/2019 27 March 2019
LN 225/1958 Births and Deaths Registration Rules 1958 PU(A) 54/2019 1 March 2019