JULDEC

For Malaysian Bar circulation only

CHRONICLE OF THE MALAYSIAN BAR www.malaysianbar.org.my

PAGE 17

PAGE 34
THE TRAN
TRANSBOUNDARY HAZE CRISIS IN MALAYSIA:
A CLEAR TRANSGRESSION OF INTERNATIONAL
ENVIRONMENTAL LAW

PAGE 41
In collaboration with
PETER MOONEY:
MOO
MORE THAN A MEMBER OF THE BAR
 CONTENTS

17
EDITORS NOTE
PRESIDENTS MESSAGE
PRESS RELEASES FROM THE BAR
FEATURES/ARTICLES
17 The Oce of the Attorney General Part I: A Constitutional Conundrum
19 The Oce of the Attorney General Part II: The Constitutional Validity
of the Termination of the Services of Tan Sri Abdul Gani B Patail as the
Attorney General
23 Constitutional Patriotism: Towards Civic Nationalism vs Ethnic
Nationalism
26 The Special Position of Sabah and Sarawak in Our Federal Set-Up
31 Sedition Act An Assault on Freedom of Speech and Expression
34 The Transboundary Haze Crisis in Malaysia: A Clear Transgression of

31
International Environmental Law
36 The Malaysian Environmental Court: The Need to Extend its Reach to
Civil Liability
39 The Role of the Malaysian Bar in Environmental Law
41 Peter Mooney: More than a Member of the Bar
EVENTS
44 Upcoming Events
46 Extraordinary General Meeting of the Malaysian Bar (12 Sept 2015)
LIFESTYLE
57 Paving the Way for a Crime-Free Malaysia
CASE NOTES HIGHLIGHTS FROM THE FEDERAL
COURT
STATE BAR NEWS
41 NEW APPOINTMENTS
NEWS
CONTINUING PROFESSIONAL DEVELOPMENT
BAR UPDATES/NOTICES
79 New Admissions to the Malaysian Bar
80 List of Departed Members
80 Notice Regarding Bar Circulars and E-Blasts
80 Summary of Circulars
81 General Information on Matters Discussed at Bar Council Meetings
82 Library Update
87 Notice Regarding Documents in Bar Council's Custody: Legal Firms in
which Bar Council has Intervened

46
87 List Of Struck O Members Wherein Appeal/Reinstatement Allowed
87 Disciplinary Orders

JUL-DEC 2015 | PRAXIS 1

 COVER STORY

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MEMBERS OF THE BAR COUNCIL PUBLICATIONS COMMITTEE 2014/2015

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EDITORIAL BOARD COVER STORY

Bar Council
Raphael Tay Editor-in-Chief
Baizura Abd Razak, Joane Sharmila Editors
Nishta Jiwa, Sangheetha Kuppusamy Marketing & Advertising
This issue of Praxis covers the ever-relevant topic of constitutional law
LexisNexis as well as the environment. Even as Malaysia sees and experiences
Amitabh Srivastava Commercial Director, Southeast Asia
Annie Yeoh Managing Editor, Southeast Asia wave after wave of attempts to undermine the Constitution of
Jasmine Halili Senior Legal Editor
Mohd Khairil Johari Design & Production Malaysia, a bulwark of defence arises to the fore, to clarify the abuse
of the Constitution. While the most pressing matter with regard to
the environment is the haze issue, which seems to be spiralling out of
LexisNexis Malaysia Sdn Bhd
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Seksyen 13, 46100 Petaling Jaya
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Tel: (603) 7882 3500, Fax: (603) 7882 3506

Praxis is the official publication of Bar Council Malaysia, published quarterly in collaboration
with LexisNexis Malaysia Sdn Bhd, for circulation to Members of the Malaysian Bar. The Constitutional Validity of the Termination of the Services
Bar Council Malaysia, and its authorised authors and designers of Praxis, accept no liability
for any loss arising from the use of, or reliance on, Praxis. Bar Council Malaysia does not of Tan Sri Abdul Gani b Patail as the Attorney General questions
warrant the accuracy of the contents thereof or any statement made by the contributors,
writers or advertisers herein, and does not accept responsibility or liability in relation thereto. the constitutional validity of the removal of Tan Sri Abdul Gani as the
Statements of contributors, writers or advertisers herein represent their personal views
and do not necessarily reflect the views of Bar Council or the Malaysian Bar. All users are
permitted to view the content of Praxis, without prejudice to the intellectual property rights
Attorney General. Each point is presented succinctly and tersely, so
belonging to Bar Council Malaysia. However, any unauthorised reproduction, duplication,
transmission or alteration, in any form or by any means, whether in part or in whole, of Praxis, there is no question of obscurity.
is strictly prohibited. Bar Council Malaysia also prohibits the use of Praxis and all or any of its
contents herein, for commercial and/or personal gain, profit or sale.

2015 All rights reserved

The Transboundary Haze Crisis in Malaysia: A Clear Transgression
Enquiries on advertising:
Kajendran Arumugam kajendran.arumugam@lexisnexis.com of International Environmental Law thrashes out the issues and
Nishta Jiwa nishta@malaysianbar.org.my

Article contribution:
questions in respect of the haze crisis enveloping the Southeast Asian
Bar Council Malaysia welcomes letters, articles, views and news (including photographs) for
possible inclusion in Praxis. However, Bar Council Malaysia reserves the right not to publish region.
or to edit those published for content, clarity, style and space considerations. Contributions
and enquiries may be directed to praxis@malaysianbar.org.my.

Circulation: 17,500 On a lighter note, Peter Mooney: More than a Member of the Bar is
Printed in Malaysia by Atlas Cetak (M) Sdn Bhd (97608-X)
Wisma Atlas, No.2, Persiaran Industri a tribute to the man himself, who had a wealth of experience serving
Bandar Sri Damansara, 52200
Kuala Lumpur, Malaysia as Crown Counsel in Sarawak, and later in the Peninsula. He passed
Tel: (603) 6273 3333, Fax: (603) 6073 3833
away on 27 Apr 2015.

Read these and more in this issue of Praxis.

2 PRAXIS | JUL-DEC 2015

 EDITORS NOTE

From the Editors Keyboard

the deep unease and feeling of disquiet On a related matter, the dismissal of
of the legal fraternity as to how these former Attorney General, Tan Sri Abdul
investigations have been handled. It is Gani b Patail (Tan Sri Gani) is also
ironic that during the same period when highlighted in this issue of Praxis to
the media carried reports of conviction discuss the legal position of Tan Sri
and sentencing of government ocials Ganis removal with clarity and with
for bribery, that the elephant in the room incisive analysis.
of the so-called donation is set aside
by the government of the day. By now, it should be common
knowledge that corruption defiles
The legal literature on corruption democracy. As a result of corruption,
distinguishes between petty and grand parliamentary democracy is diminished
corruption. Grand corruption involves and is substituted by a system which
two major activities: (i) bribery and defies the rule of law. In order for
embezzlement; and (ii) abuse of power. parliamentary democracy to thrive and
Asif Zadari, husband of the late Benazir to work eectively, corruption must be
Bhutto and former President of Pakistan stamped out and one of the ways to do so
The Importance of Impartial himself, was convicted in Pakistan for is to vigorously adhere to the principles
and Effective Enforcement taking secret commissions from power of separation of powers. According
Institutions stations and pipeline projects, airlines, to Australias Parliamentary Education
rice deals and defence contracts. The Oce, the separation of powers works

T his bumper issue of Praxis highlights late President Sani Abacha of Nigeria together with another principle known
two critical issues firstly, a misappropriated state assets taking as responsible government, to guide the
major lacuna in our Constitutional and huge kickbacks from state contracts, way law is made and managed.
regulatory framework in relation to the siphoning hundreds of millions from
Oce of the Public Prosecutor and sales of Nigerian crude oil, a sad Lord Bingham, in his book titled The
secondly, the ever-pressing subject of example of grand corruption. Rule of Law, quoted Professor A V Dicey,
our environment. the Vinerian Professor of English Law at
Within the common law tradition, which Oxford, who coined the expression rule
With regard to the first matter, it is trite finds its way to our penal code and also of law in his book An Introduction to
that if a holder of high political oce who anti-corruption laws, grave oence is the Study of the Law of the Constitution
wields vast influence and power is under taken against those who abuse the (1885). Lord Bingham clarified that the
investigation, and can eect a removal powers entrusted to them by the people. expression means that if anyone you
of key personnel within investigative or I is to be penalised it must not be
bodies, it is the nation that will become The great judge Lord Mansfields for breaking some rule dreamt up by an
the primary victim when high crimes are magisterial ruling rings true still through ingenious minister or ocial in order to
alleged to have been committed. the annals of history: convict us.

The controversies arising from The duty of the defendant is obvious; Another hallmark of democracy in
the investigations of 1Malaysia he was a trustee for the public and any country is the fourth estate the
Development Berhad (1MDB) and the paymaster, for making every media. Scottish philosopher Thomas
the purported donation in the sum of charge and every allowance he Carlyle said in his book On Heroes,
around USD700 million (RM2.6 billion) knew of; If the defendant knew of Hero-Worship, and The Heroic in
that is held in the personal account the omission and if he concealed History (1841): Burke [Edmund Burke,
of the Prime Minister, is well known. it, his motive must have been Anglo-Irish statesman] said there were
Therefore, these controversies will not corrupt. That he did know was fully Three Estates in Parliament; but, in the
be repeated in this editorial. Instead, proved, and he was guilty therefore, Reporters Gallery yonder, there sat a
this editorial will calibrate its focus on not of an omission or neglect, but Fourth Estate more important than they
institutions and the weaknesses they of a gross deceit. The object could all are.
face. only have been to defraud the
public of the whole, or of part of The fourth estate plays an important role
In conjunction with the Extraordinary the interest. A man accepting an and in this respect, we salute the brave
General Meeting (EGM) of the oce of trust concerning the public, editors, newsmen, and journalists of The
Malaysian Bar held on 12 Sept 2015, especially if attended with profit, is Edge and other national newspapers
Praxis supports the motions proposed answerable criminally to the King and media agencies that despite facing
by Steven Thiru, President of the for misbehaviour in his oce; this is numerous limitations, are trying their
Malaysian Bar and Chairman of the true, by whomever and in whatever best to uphold their responsibilities. We
Bar Council, and the resolutions which way the ocer is appointed. are heartened to hear of the High Courts
were passed at the said EGM. The (R v Bembridge (1783) 3 Doug 327) order to review the decision that sets a
resolutions serve as public records of three-month suspension order against

JUL-DEC 2015 | PRAXIS 3

 EDITORS NOTE
The Edge Financial Daily and The Edge by, for example, prosecuting these the next year? At the end of the day, as
Weekly and to reject the stay application companies, as the large-scale burning we have often highlighted in this editorial
by the Home Ministry to stay the same. takes places in its jurisdiction. After page, this country especially, sorely
all, isnt Indonesia suering the most? needs upright leaders and leadership
The second core matter which, this issue Arent Indonesian lives being sacrificed with integrity. Otherwise this nation will
of Praxis highlights is environmental for the sake of profit? It surprises me continually be in decline.
matters the perennial haze problem, that in Indonesia, where the haze has
the Malaysian Environmental Court, as the highest air pollution index (API), What this country needs above all, are
well as the role of the Malaysian Bar in even hitting a ridiculous level of between leaders with genuine love for the nation,
environmental law. 1,000 and 2,000 API in Kalimantan, its who do the best for the nation, not for
Government has not demonstrated themselves. Nelson Mandela had this to
I believe I speak for all Malaysians when serious eorts to resolve this cyclical say about leadership in April 1998, real
I say that I am fed up with the haze problem. In the meantime, it is the leaders must be ready to sacrifice all for
problem. Although I will not deny that hapless citizens who suer, the most the freedom of their people.
the blame falls on oil palm plantations vulnerable being the infirm, pregnant
owned by Malaysian and Singaporean women, and young children. We do have people of character who can
companies, besides Indonesian rise to the top and maturely address the
companies (according to Wall Street What does the recent fiasco bode for concerns beleaguering the country. For
Journals blog at http://blogs.wsj.com/ Malaysia? Economically, our ringgit them to be given a chance to do so, we
briefly/2015/09/25/5-things-to-know- has shrunk, with some countries even must first fix the endemic weaknesses
about-the-haze-shrouding-southeast- refusing to accept the Malaysian ringgit. aecting our core institutions.
asia/, those companies earned about Will our leaders wait till the ship has
$18.4 billion in revenue in 2014), finally sunk, before trying to bring it back Raphael Tay
and that this years haze is the worst to shore? Or with regard to the haze, Editor-in-Chief
because of severe drought caused by do ASEAN leaders wait till the situation
El Nino, Indonesia ought to do more in abates, and leave everything as status
strengthening enforcement measures quo, until this same occurrence repeats

4 PRAXIS | JUL-DEC 2015

 PRESIDENTS MESSAGE

The Untimely Demise of a

Doyen of the Malaysian Bar,
Karpal Singh s/o Ram Singh
(19402014)*

Dengan izin, Yang Arif-Yang Arif. We are saddened. As it is in your lives, His early education was at St. Xaviers
Karpal has also left a large void and Institution, here in Penang. He excelled
Nama saya adalah Steven Thiru dan saya vacuum in the legal profession that will in English and History, which are the
mewakili Bar Malaysia. Rakan-rakan not be easily or quickly filled. Karpal seeds of knowledge for anyone who
bijaksana saya, Dato K Kumaraendran, once said that even if he were gone, pursues the law as a vocation.2 His
mewakili keluarga mendiang Karpal there would be hundreds of Karpals to parents wanted him to take up medicine
Singh, Puan Shyama Nair, mewakili take his place. We can only wish that but it was always clear that his calling
Jawatankuasa Peguam Pulau Pinang, this will come true as he was indeed a was elsewhere. As a young man, he had
dan Tuan Zaharuddin Mohd Isa, mewakili special and rare breed amongst us, a a reputation for speaking his mind3, a
Peguam Negara Malaysia. man of unshakeable principles. trait that defined him both at the Bar and
later in the thrust and parry of politics.
Saya memohon kebenaran Yang Arif- My Lords, inasmuch as I am both
Yang Arif untuk meneruskan ucapan humbled and singularly honoured to Karpal read law at the University of
saya dalam Bahasa Inggeris. speak in these proceedings, my task Singapore in 1961, and was in the first
today is quite daunting. How does one batch of law students at the University.
May I begin by thanking your Lordships compress and portray justly a successful He was a resident at Dunearn Road
for agreeing to this reference and making life in the law that has spanned more Hostel and became President of the
time to preside over it. This is a solemn than four decades? My burden is made Hostel. Karpal was active in University
and meaningful occasion that is unique slightly lighter by the comprehensive politics and later rose to be President
to the legal profession. It is a time when and eloquent speech of my learned of the Student Union Council. He was
the Bar recognises, as a matter of formal friend, Dato K Kumaraendran, who well-known for his ragging4 skills,
record, one of our very own who is no knew Karpal better than most of us which was then part of the traditional
longer with us. here today, and who has done immense induction or indoctrination to University
justice to his memory. I gratefully life. Few of our judges may have
In the finest traditions of the Bar, associate myself with his speech. had special cause to remember their
we gather to pay tribute and record introduction to University life by Karpal
for posterity the achievements of a On my part, I wish to focus on some of through ragging, such that perhaps
learned friend and colleague at the Bar Karpals enduring qualities at dierent later when he appeared before them,
that should be emulated and forever stages of the passage of his life, which not all marginal decisions went his way.5
cherished. Karpal Singh was an eminent will honour him, and which I hope will
and distinguished Member of the Bar, serve as a lesson and guide for the rest Karpal took his time seven years to
and one of our foremost and leading of us at the Bar as we continue in our finish his law degree. There is a story
advocates. journey in this noble and honourable that Professor Tommy Koh, Karpals
calling in the law. law lecturer and later Dean of the Law
Your Lordships would permit me at Faculty, once asked Karpal, Look here,
the outset to tender the Malaysian Karpal was born in Penang on 28 June Karpal, dont you want to go home?,
Bars heartfelt condolences to Karpals 1940, to Ram Singh Deo and Kartar Kaur. to which Karpal responded Well, if you
immediate family, Madam Gurmit Kaur, Despite the dicult and debilitating fellows will not let me go home, what
Jagdeep Singh Deo, Gobind Singh Deo, wartime conditions, his parents imbued can I do about it? 6 We are glad today
Ramkarpal Singh Deo, Sangeet Kaur in him an incorrigible and adventurous that Professor Koh took it upon himself
Deo and Mankarpal Singh Deo, and his spirit.1 He inherited tenacity and to ensure that Karpal came home to
loved ones. We can only imagine their courage from his parents, which became Malaysia. He made him sit in the front
deep loss, for Karpal was a giant of a some of the most enduring qualities that of the class and according to Karpal, I
man, a devoted husband, father and Karpal exuded as a lawyer. could not play the fool anymore.7 He
grandfather, and a towering Malaysian. graduated with an LLB Honours degree
in 1968.
JUL-DEC 2015 | PRAXIS 5
 PRESIDENTS MESSAGE
Karpal was called to the Bar in 1969 and His other landmark cases included: in State of Mauritius v Khoyratty,19
set up his legal firm, Karpal Singh & Co, where Lord Mance observed
in 1970. He rapidly established himself Johnson Tan Heng Seng v Public that new constitutions based on
as formidable litigator, with an expertise Prosecutor,14 where Karpal the Westminster model would
in criminal law, constitutional law and raised Article 8(1) of the Federal not usually contain any express
administrative law. He was renowned as Constitution to challenge the provision incorporating the doctrine
a firm and fair lawyer, with a reputation Attorney Generals power to of separation of powers but that
for presenting arguments that had the discriminate in the way he preferred the doctrine was nevertheless an
merit of brevity, force and focus. His charges and prosecuted accused integral part of such a constitution.20
strong conviction for equality for all, persons under dierent provisions
particularly justice for the downtrodden of the law. A whole host of other leading
was evident from the very beginning of criminal cases, including his
his practice. He has been called the Teh Cheng Poh v Public defence in the recently concluded
peoples lawyer8. He was also our own Prosecutor,15 which was one of Dato Seri Anwar bin Ibrahim case.
Attorney for the damned9, which was several cases Karpal argued before
a distinctive honour conferred on the the Privy Council. It clarified the Karpal was also an uncompromising
legendary early 20th-century US lawyer, reversion of powers to Parliament and dogged defender of the Federal
Clarence Darrow. post-Emergency, and the Constitution against those who have
availability of judicial review in the tried to misconstrue or change its
Karpal enjoyed tremendous respect from form of mandamus against Cabinet fundamental provisions and structure. In
the Bench. Immediately after his earliest decisions. particular, he was a steadfast advocate
appearance before Tun Mohamed against attempts to change the original
Suan Hashim, (who subsequently Arulpragasam v PP,16 where a and fundamental secular structure of the
became Lord President), His Lordship full bench of the Supreme Court Constitution. He felt strongly about civil
remarked that Karpal was a lawyer to decided that the prosecution in liberties, independence of the Judiciary,
watch as a person destined for legal criminal cases was obliged to prove freedom of belief and religion, and about
pre-eminence.10 Later, Dato Mahadev the guilt of an accused person being true to the founding principles
Shankar, a former Judge of the Court of beyond a shadow of a doubt at the underpinning the Constitution.21
Appeal, described Karpal as follows: close of the prosecutions case,
before defence is to be called. In this regard, it was also Justice
To say that the man had charisma Shankar who observed in his tribute to
would be a gross understatement. Ng Chuan Hock v Tan Sri Musa bin Karpal:
From start to finish, he left nothing Dato Hj Hassan,17 one of the many
to speculation. He had the unique cases in which Karpal appeared and Good and responsible judges
ability of penetrating the faade argued for a member of the public appreciate courageous lawyers
and get into the core of the material service that he had not received who undertake unpopular causes
issues without beating about the procedural fairness in the hands of even at the risk of courting ocial
bush. What stood out was his the disciplinary authority. disapproval. Such persons are as
transparent honesty together with much ocers of the court as they
his powerful voice and command More recently, in PP v Kok Wah are defenders of the interests of their
of the language, never faltering Kuan,18 where Karpal argued that clients. They are an instrument in
as he moved like a juggernaut to the power vested by the Child Act the search for truth and justice and a
the inexorable conclusion of his 2001 in the Yang di-Pertuan Agong, bulwark against bias, prejudice and
submission. Indeed he was a to detain at his pleasure a child perjury not to mention manipulators
colossus who was greater than the convicted of an oence carrying the of the justice system and vested
sum of his parts.11 death penalty, violated the doctrine interests. 22
of separation of powers. He argued
Karpal was involved in a number of that as the power to determine guilt The same sentiments were expressed
landmark cases, and over 600 of his and the measure of punishment is by my learned friend, Gobind Singh
cases have been reported. He was a a judicial power, the vesting of a Deo, Karpals second son:
pioneer in drug tracking cases and a sentencing power in the Head of
staunch opponent of the death penalty. State constituted a violation of the He was a man who always defended
Among his early high-profile death doctrine of separation of powers. the Federal Constitution. Towards
penalty cases were those involving The Federal Court rejected that the end, he paid a heavy price
the Australian Kevin Barlow, and later argument and held that as there for speaking up in defence of the
the New Zealanders Lorraine and was no specific provision in the Federal Constitution. But this didnt
Aaron Cohen. In Public Prosecutor v Constitution incorporating the discourage him from soldering on.
Lau Kee Hoo,12 Karpal argued that the doctrine of separation of powers, He would help anyone who needed
imposition of the death penalty was it was not unconstitutional for help and throughout his years, he
unconstitutional. The challenge failed Parliament to vest sentencing power touched the hearts of many. 23
but the case remains a leading authority in the Executive. However, Karpals
on the constitutional approach to the argument was later vindicated by My Lords, Karpal was also committed
death penalty. 13 the decision of the Privy Council to the activities and functions of the

6 PRAXIS | JUL-DEC 2015

 PRESIDENTS MESSAGE
Bar, and supported the work of the Bar The Malaysian Bar today fondly 8 Lawyers Rights Watch Canada,
Council. He was a leading opponent remembers Karpal Singh, a legend of Canadian Lawyers Defend the
of the Governments proposal for the the Bar in our time. Karpals name will Independence of the Bar in Malaysia,
19 March 2002 (http://www.lrwc.org/
Essential (Security Cases) Regulations be mentioned over and over again for canadian-lawyers-malaysia/).
1975 (ESCAR), which amended the generations to come for the times
9 Darrow, Clarence, Attorney for the
law for the trial of oences against when we need encouragement and Damned: Clarence Darrow In The
national security. Prominent amongst for the times when we need to draw Courtroom, University of Chicago Press,
the proposals were changes in the basic strength to do what we must. He may 1989.
rules of evidence and the removal of the no longer be with us but he will never 10 Shanker, Mahadev, A Man who Touched
Judges discretion in passing sentences be forgotten by the Malaysian Bar. As Many Minds and Many Hearts, The
in such cases. At the Extraordinary Thomas Carlyle said, No great man Commonwealth Lawyer, Journal of the
General Meeting convened by the Bar, lives in vain. The history of the world is Commonwealth Lawyers Association,
Karpal and Datuk R Rajasingam, also of but the biography of great men. Vol 23 No 2 (August 2014), p. 29.
the Penang Bar, moved a resolution to 11 Ibid, p. 30.
condemn the attempts by the executive My Lords, may I now respectfully move 12 [1983] 1 MLJ 157.
to diminish the rule of law and to for the record of these proceedings to 13 Sri Ram, Chandra, A Tiger at Rest The
interfere with the independence of the be preserved in the archives Commonwealth Lawyer, Journal of the
Judiciary in sentencing.24 We see today of this honourable court, and for a copy Commonwealth Lawyers Association,
vestiges or manifestations of ESCAR in to be extended to the family of the late Vol 23 No 2 (August 2014), p. 22.
the Prevention of Crime Act 2013 and Karpal Singh. 14 [1977] 2 MLJ 66.
the Prevention of Terrorism Act 2015. 15 [1979] 1 MLJ 50.
Karpal would have been with the Bar in I am obliged to your Lordships. 16 [1997] 1 MLJ 1.
our opposition to these repugnant and 17 [2013] 3 MLJ 805.
abhorrent laws. Steven Thiru
18 [2008] 1 MLJ 1.
President
19 [2006] 2 WLA 1330.
I do not wish to dwell too much on Malaysian Bar
Karpals incarceration under the Internal 20 Sri Ram, Chandra, A Tiger at Rest, The
Commonwealth Lawyer, Journal of the
Security Act 1960 (in October 1987), * This speech was delivered by Steven
Commonwealth Lawyers Association,
the charges under the Sedition Act Thiru, President of the Malaysian Bar, Vol 23 No 2 (August 2014). p. 22-23.
1948 and the serious spinal injuries at the Reference Proceeding for Karpal
21 Christopher Leong, The Presidents
he suered that left him wheelchair- Singh s/o Ram Singh at the Penang Court Tribute to Karpal Singh s/o Ram Singh,
bound. But I wish to say that in all Complex, Penang on 4 Sept 2015. Praxis, April June 2014, p. 4.
these challenges, his indomitable 22 Shankar, Mahadev, A Man who touched
spirit, in the face of adversity, never Notes Many Minds and Many Hearts, The
flagged. His commitment to justice, 1 Tim Donoghue, Karpal Singh: Tiger of Commonwealth Lawyer, Journal of the
freedom and, above all, the rule of law, Jelutong, Marshall Cavendish, 2013, p. 6. Commonwealth Lawyers Association,
remained unabated, and his passion for 2 Ibid, p. 15. Vol 23 No 2 (August 2014), p. 30.
the law and the well-being of his fellow 3 Ibid, p. 16. 23 Gobind Singh Deo, The Man, My
citizens has inspired many generations Father, Praxis, April June 2014, p. 11.
4 Ibid, p. 20.
of Malaysians. Karpal personified the 5 Ibid, p. 20.
24 Bar Council Malaysia, Justice Through
immortal words of Sir Winston Churchill, Law, 1997, p. 61.
6 Ibid, p. 27.
All great things are simple, and many
can be expressed in a single word; 7 Shanker, Mahadev, A Man who Touched
Many Minds and Many Hearts, The
freedom, justice, honor, duty, mercy, Commonwealth Lawyer, Journal of the
hope. Commonwealth Lawyers Association,
Vol 23 No 2 (August 2014), p. 29.

JUL-DEC 2015 | PRAXIS 7

 PRESS RELEASES FROM THE BAR
Respect the Rights and discrimination as regards the non- our shores and the discovery of mass
and Dignity of Asylum payment of wages, long working hours, graves as well as death camps at the
and harsh working conditions. Perlis-Thailand border.5 This was an
Seekers and Refugees, unmitigated tragedy of human suering
and Eliminate Human The Malaysian Bar renews its call to and loss of lives. It has brought into sharp
Trafficking and Migrant the Government to ratify the 1951 focus Malaysias approach towards
Convention and the 1967 Protocol; asylum seekers, refugees, as well as
Smuggling to put in place a suitable legal and the perpetrators and victims of human
The Malaysian Bar acknowledges the administrative framework for dealing tracking and migrant smuggling. It is
indomitable spirit and courage of all with refugees and asylum seekers; a timely reminder to the Government to
refugees on World Refugee Day 2015. and to work closely with stakeholders respect the rights and dignity of asylum
such as UNHCR Malaysia, civil society seekers and refugees.
The United Nations High Commissioner organisations, and the Bar towards
for Refugees (UNHCR) in Malaysia achieving holistic and humane solutions Steven Thiru
reported that as at July 2014 there were for them. President
47,352 asylum seekers (pending cases), Malaysian Bar
98,207 refugees, 40,000 stateless The Malaysian Bar also calls on the
persons, and 80,000 individuals who government to ensure that a proper 20 June 2015
do not fall into any of these other recruitment and monitoring system
under the Ministry of Human Resources Notes
categories, residing in Malaysia. This
is put in place to ensure that asylum 1 2015 UNHCR subregional operations
brings the population of concern to a profile South-East Asia, UNHCR: The
staggering total of 265,559.1 seekers and refugees are accorded
UN Refugee Agency (accessed on 17
basic employment rights in respect of June 2015).
Unlike economic migrants, asylum wages, fair working hours, o-days,
seekers and refugees in Malaysia medical benefits, and workplace health 2 Immigration Act 1959/1963 [Act 155]
and safety protection. In this regard, the section 55E(7).
are often victims of various forms
of persecution, oppression and various measures and recommendations 3 Bar Council Malaysia Memorandum on
deprivation. They are subjected to contained in the proposal entitled Developing a Comprehensive Policy
harassment, extortion, physical abuse Developing a Comprehensive Policy Framework for Refugees and Asylum-
Framework for Refugees and Asylum Seekers in Malaysia dated 20 June
or assault and ill treatment. These 2011, developed at the Roundtable on
persons live in an environment of fear, Seekers, which was prepared by
Developing a Comprehensive Policy
and insecurity. the Malaysian Bar in 2011, should Framework for Refugees and Asylum-
be immediately implemented.3 This Seekers organised by the Bar Council
Our laws do not accord asylum seekers will lead to an overall improvement in on 23 June 2009.
and refugees due recognition, care and the treatment of asylum seekers and
4 Prime Minister Tony Abbott dodges
protection. They are treated as illegal refugees.
questions on people-smuggler payment
immigrants under the Immigration Act claims, Sydney Morning Herald, 14
1959/1963.2 Thus, they are exposed The Malaysian Bar also wishes to June 2015 (accessed on 18 June 2015);
to arrest, detention, whipping and highlight the importance of a regional People smuggler cash: Stacks police
approach in dealing with concerns say were paid to send asylum seekers
deportation. This unacceptable state on a suicide mission, Sydney Morning
of aairs is compounded by Malaysia's regarding asylum seekers and refugees.
Herald, 16 June 2015 (accessed on 19
obdurate reticence to ratify the 1951 In this connection, a deeply worrying June 2015).
Convention Relating to the Status of aspect of the problem is that of human
tracking and migrant smuggling. All 5 Rohingya and Bangladeshi Boat
Refugees (the 1951 Convention) People Humanitarian Crisis: Prompt and
and the 1967 Protocol Relating (the nations in this region share a common
Concrete Measures Needed, Malaysian
1967 Protocol) to the Status of responsibility to confront and deal Bar, 19 May 2015 (accessed on 15
Refugees, both which are instruments with this scourge. The recent reported June 2015); Malaysian Government
encapsulating customary international allegation that the Government of Must Bring the Death Camps Human
Australia paid human trackers to return Trackers and Migrant Smugglers to
law in relation to the recognition of the Justice, Malaysian Bar, 28 May 2015
socio-economic rights of refugees and 65 asylum seekers to Indonesia is very
(accessed on 15 June 2015); Eradicate
the provision of humanitarian assistance shocking.4 Such irresponsible conduct, Rampant Corruption, and Stem the Loss
and social integration. if proven, deserves condemnation and of Lives, Malaysian Bar, 8 June 2015
must attract criminal prosecution. It (accessed on 15 June 2015).
Thus, asylum seekers and refugees certainly militates against the fight to
are prohibited from seeking lawful eradicate human tracking and migrant
employment. They are therefore forced smuggling in this region.
to support themselves on a casual
engagement basis without any lawfully World Refugee Day assumes particular
binding employment contract. This significance to Malaysia this year due
makes them vulnerable to exploitation to the recent boat-people saga o

8 PRAXIS | JUL-DEC 2015

 PRESS RELEASES FROM THE BAR
At the Crossroads It is noteworthy that the Malaysian a prosecution of those responsible for
Government had announced, in April his death. Notwithstanding the Court of
of the Rule of Law: 2011, a Cabinet decision to join the Appeal decision that Teoh did not commit
Malaysia Must ICC. This has not been acted upon. 123 suicide[5] and a financial settlement
Confront Challenges Member States of the United Nations by the Malaysian Government and the
have joined the ICC. The apparent Malaysian Anti-Corruption Commission
to International and refusal to join the ICC signals a worrying with his family[6], the seeming lack of
Domestic Justice Now u-turn on the part of our Government. interest and urgency in pursuing the
criminal investigation and prosecution is
Tomorrow, 17 July 2015, marks the The Malaysian Bar is also surprised by extremely alarming.
Day of International Criminal Justice, the reports that Malaysia has refused
which commemorates the anniversary to entertain a formal request by the As a non-permanent member of the United
of the adoption of the Rome Statute Australian Attorney-Generals oce Nations Security Council and current
on 17 July 1998, the founding treaty of for information relating to the alleged chair of the Association of Southeast
the International Criminal Court (ICC). corruption scandal surrounding the Asian Nations, Malaysia must do more in
The Rome Statute seeks to protect award of a contract to print Malaysian establishing exemplary credentials as an
people from genocide, crimes against polymer banknotes. Victorias Supreme upholder and respecter of justice, both
humanity, war crimes and the crime of Court recently revoked a suppression internationally and domestically. If we are
aggression, and the ICC has proven itself order that had prevented the publication to take our place as a strong, trustworthy
to be an eective mechanism to address of any information aired in the ongoing and dependable regional pillar, we need
international crimes. Australian Reserve Bank bribery court to rearm our commitment to the rule of
proceedings.[2] The request was made law and reinforce our foundations of law
In this regard, the first-year anniversary of pursuant to the Mutual Cooperation in and order.
the shooting down of MH17 on 17 July Criminal Matters arrangements between
2014 serves to focus eorts to bring the Malaysia and Australia. It has been Steven Thiru
perpetrators of an international crime to reported that the Malaysian Government President
justice. It also raises the question of how, has declined to cooperate. Malaysian Bar
and where, they are to be prosecuted
once they are apprehended. The Governments vacillating stand on 16 July 2015
cooperating with friendly countries in
Eorts are ongoing this week at the United the quest for cross-border justice is Notes
Nations Security Council in New York to quite inexplicable. It does not bode [1] Najib reiterates push for international
gather support for Malaysias proposal well for our standing in the international tribunal to seek justice for MH17 crash,
to establish an international tribunal community in an area that requires close The Malaysian Insider, 16 July 2015.
to prosecute those responsible for the cross-border cooperation. Moreover, [2] Bribery scandal linked to Malaysian
downing of MH17 over eastern Ukraine Malaysia has already been wrong-footed Prime Minister Najib Razak, Sydney
last year.[1] This will see the participation with the recent discovery of the death Morning Herald, 14 July 2015.
of the Netherlands, Australia, Britain and camps at our border with Thailand, [3] Horrors unearthed at 28 sites used by
the Ukraine, who are all members of the where the remains of many victims of human trackers, The Star Online, 26
Joint Investigation Team. human tracking have been unearthed. May 2015.
[3] This is yet another reminder that we [4] Six years on, family of slain Teoh Beng
The Malaysian Bar supports the principle cannot turn a blind eye to international Hock travels to Sabah in pursuit of
that the perpetrators of this heinous act criminal activities. justice, Malay Mail Online, 9 July 2015.
must be brought to justice. However, [5] Court overturns open verdict on Beng
the government has not explained why It should not be forgotten that today, 16 Hock, Malaysiakini, 5 September 2014.
it has chosen the route of an ad hoc July 2015, marks the 6th anniversary of [6] MACC to pay RM660k for Teoh Beng
international tribunal instead of the well- the death of Teoh Beng Hock.[4] Six Hock death, Malaysiakini, 12 May 2015.
established ICC system. years on, we are not even close to seeing

Interference into In this regard, the Malaysian Bar is the Attorney Generals services were
astounded by the news reports today terminated on 27 July 2015 on health
1MDB Investigations regarding the Governments removal reasons and that he will remain as a
Shields Wrongdoers and of the Attorney General, Tan Sri Abdul Judicial and Legal Services ocer until
Conceals Wrongdoing Gani Patail, who is a key member of his retirement on 5 October 2015. It
the Special Task Force investigating would seem unprecedented for a senior
Many burning questions in respect of the 1MDB matter. This lends to the civil servant, let alone one with the rank
allegations of financial impropriety in perception of interference by parties of the Attorney General, to be removed
1MDB remain unanswered. There are with vested interests such as the so close to his ocial retirement.
also serious concerns that the evidence Executive, or even the Prime Minister
or statements of critical witnesses or himself in the work of the Special Task Moreover, his removal and reduction in
suspects, including the Prime Minister, Force. rank are unconstitutional, inasmuch as
have apparently not been recorded, and there appears to be non-compliance
that relevant documents have not been The abrupt removal, and the manner with Articles 135(2) and 145(5) of the
promptly (or at all) secured. of removal, of the Attorney General are Federal Constitution, which include the
shocking. It has been reported that requirement for reasonable opportunity

JUL-DEC 2015 | PRAXIS 9

 PRESS RELEASES FROM THE BAR
to be heard. The position of the Attorney the Sarawak Report website, due national leaders. These grounds
General is constitutionally mandated, to perceived threats to national are irrational, as the public alarm is
and any removal must comply with security. Sarawak Report has been in fact due to the failure to answer
stringent standards of due process. one of the sources of allegations satisfactorily the allegations and
of wrongdoing involving 1MDB, the reports in the publications. The
Further, the Bar Council has frequent which has also implicated the Prime suspension order stifles freedom
and direct engagement with the Minister. Naturally, the common of expression, and can easily be
Attorney General and, to the best of our perception would therefore be perceived as a blatant attempt to
knowledge, his recent health has not that the order is an attempt to silence a contrary voice on a matter
hindered the performance of his duties. suppress the flow of, and access to, of grave public interest.
The reason given for his removal is information on the allegations.
therefore questionable. The resort to such administrative orders
(2) The administrative orders imposed fuels the growing perception that critics
The unwarranted termination of the by the Director General of in the 1MDB matter are being victimised
Attorney Generals services is in sequel Immigration, under the Immigration and muzzled, whilst their allegations are
to a series of administrative orders that Act 1959/63, on Tony Pua (Member being ignored and the persons against
have impeded and undermined the of Parliament for Petaling Jaya whom the allegations have been levelled
investigations into 1MDB. The latter Utara), Mohd Rafizi Ramli (Member are not being investigated fully.
seriously curtails fundamental rights of Parliament for Pandan) and Datuk
such as the freedom of information, Tong Kooi Ong (owner of The Edge The Malaysian Bar condemns the
movement and expression. Media Group), which ban overseas ostensible interference, through
travel without any reasons. The unconstitutional and unlawful conduct,
Administrative orders are made by the freedom of movement of these with the ongoing investigations in
Government and its agencies pursuant persons has been infringed, and the 1MDB matter. There must be no
to discretionary statutory powers. The they seem to have been targeted meddling with the Special Task Force,
exercise of this governmental discretion because of their strident criticism particularly the work of the MACC, since
is subject to overarching principles of 1MDB or the expos of alleged the nature of the allegations largely
of fairness and natural justice. It wrongdoings concerning 1MDB. involves corruption.
would be a stark abuse of power if Ironically, the very persons who
administrative orders were exercised in have been implicated in these The acid test of the integrity and
a biased manner or for ulterior purposes, allegations such as the Prime credibility of any investigation is how
including to shield wrongdoers or to Minister and some of the ocers allegations against persons in high
conceal wrongdoing. of 1MDB have not been similarly oce are dealt with. The abuse of
barred from travel. administrative powers, and now the
The recent actions by the authorities removal of a key member of the Special
appear to demonstrate a pattern of (3) The three-month administrative Task Force, threaten to cripple the
abuse of power to impose dubious suspension order imposed by the investigations into 1MDB and render the
administrative orders. Instances include Ministry of Home Aairs, under the entire exercise a meaningless charade.
the following: Printing Presses and Publications
Act 1984, on The Edge Weekly and Steven Thiru
(1) The Malaysian Communications The Edge Financial Daily, on grounds President
and Multimedia Commissions of possible public alarm over the Malaysian Bar
decision to issue an administrative publication of reports concerning
order under the Communications 1MDB and allegations in them that 28 July 2015
and Multimedia Act 1998 to block implicate the Government and

Comprehensive Reform comprehensively address and deal with control and influence of the
corruption. Executive;
to the MACC Needed
to Strengthen the Fight We hold the view that MACCs limited (2) to ensure the independence
success in its attempts to eradicate of Commissioners serving the
Against Corruption in corruption in Malaysia is a result of commission; and
Malaysia corruption not having been addressed in
a comprehensive and consistent manner. (3) to ensure security of tenure for the
The Malaysian Bar, in collaboration Thus, our reform proposals are aimed Chairman and Commissioners.
with the Institute for Democracy and at ensuring a holistic treatment of the
Economic Aairs (IDEAS), the Centre scourge of corruption through a viable We also take the position that
to Combat Corruption and Cronyism constitutional and legislative framework. consequential amendments will be
(C4), Citizens Network for a Better needed to the following legislation:
Malaysia (CNBM), and Transparency The reform proposals are:
International Malaysia (TI-M), (1) Malaysian Anti-Corruption
submitted a joint memorandum to the (1) to create an Independent Anti- Commission Act 2009;
Malaysian Anti-Corruption Commission Corruption Commission (IACC), (2) Ocial Secrets Act 1972;
(MACC) on 28 July 2015 setting out our a constitutionally mandated (3) Whistleblower Protection Act 2010;
proposals to reform the MACC, for it to commission, beyond the scope, and

10 PRAXIS | JUL-DEC 2015

 PRESS RELEASES FROM THE BAR
(4) Witness Protection Act 2009. would be composed of independent Wan Saiful Wan Jan
commissioners to be voted in by Chief Executive Ocer
We propose the establishment of a Parliament, and with at least 40% of Institute for Democracy and
constitutionally mandated IACC in the them coming from civil society. Economic Aairs (IDEAS)
mould of the Election Commission,
but with a unique structure, and the Further, as part of the structural Cynthia Gabriel
substance befitting its position as an reforms, we propose that the statutorily Director
institution with sucient powers of established MACC be renamed the Anti- Centre to Combat Corruption &
oversight and accountability. This Corruption Agency (ACA), to avoid Cronyism (C4)
would involve amendments to the confusion. The ACA will be responsible
Federal Constitution in the form of the for operational matters involving Dr Loi Kheng Min
introduction of a standalone provision to detection and investigation of corrupt Deputy President
cater for the new body. practices or activities. Transparency International
Malaysia (TI-M)
The IACC is to have full autonomy and The fight against corruption must be
power over anti-corruption policies, addressed in a comprehensive manner Dr Ho Chai Yee
practices and directives; recruitment and through these reforms, in order to make Chairman
discipline of ocers; as well as powers genuine progress towards a corruption- Special Interest Group on Anti-
of oversight and supervision. The IACC free Malaysia. Corruption and Good Governance
would be headed by a constitutionally Citizens Network for a Better
recognised and mandated Chairman Steven Thiru Malaysia (CNBM)
with security of tenure and security President
from dismissal, akin to a Judge of the Malaysian Bar 31 July 2015
Federal Court. Additionally, the IACC

Parliament Must Not The Speaker of the Dewan Rakyat has can still proceed to meet so long as
Countenance Any Delay misconstrued the Standing Orders. they elect a Chairman from among their
Standing Order 82(1) states that any number to preside over the Committees
or Interference in PACs Select Committee (such as the PAC) meeting. Therefore, there is no necessity
Investigation into 1MDB shall, so far as practicable, reflect for the Chairman of the PAC himself or
the balance between the parties within herself to be present at a PAC meeting
The Malaysian Bar is disturbed by the Dewan Rakyat. Thus, the provision in order for it to proceed. If the Vice-
the media statement by the Speaker clearly does not prohibit a Select Chairman is present, he or she is fully
of the Dewan Rakyat, Tan Sri Datuk Committee, which is not reflective of able to act as Chairman of the meeting,
Seri Panglima Pandikar Amin Haji the composition of the Dewan Rakyat, and the quorum requirement would be
Mulia, of 30 July 2015, stating that the from functioning. The PAC still has satisfied.
proceedings of the Public Accounts nine members, four from the Barisan
Committee (PAC) must be postponed. Nasional, and five from the Opposition. It is also to be noted that Standing
The fact that the PAC is still composed Order 83(7) states that in the event of
The Speakers reasoning was that the of members from both sides of the aisle the death or unavoidable absence of
PAC can only meet after a new Chairman is sucient to allow it to continue. a member of the Select Committee,
has been appointed. His statement the Committee of Selection of the
came after four members of the PAC, Further, Standing Order 77(3) states Dewan Rakyat maynominate another
including the Chairman, had been that a Select Committee cannot meet member of the [Dewan Rakyat] to fill
appointed to government positions in in the absence of the Chairman or that vacancy, and that this nomination
the recent Cabinet reshue announced Vice-Chairman due to illness or for shall be announced to the Dewan Rakyat
by the Prime Minister on 28 July 2015. any other reason whatsoever. In the at its next meeting. Again, the Standing
present case, while there is no longer a Order does not suggest that the work
According to Standing Order 77(4) of Chairman of the PAC, a Vice-Chairman of the Select Committee should cease
the Dewan Rakyat, a Minister (which remains. Therefore, Standing Order pending that vacancy being filled.
includes a Deputy Minister) cannot 77(3) is not contravened, and the PAC
be the Chairman or a member of the can still function. It is therefore the spirit underlying
PAC. As such, Datuk Nur Jazlan bin the Standing Orders, that a Select
Mohamed, the Chairman, is ineligible Standing Order 83(3) states that the Committee should be able to continue
by virtue of his recent appointment as quorum for a Select Committee to meet is to function, notwithstanding any
Deputy Minister of Home Aairs; so too three members, including the Chairman. vacancies. It cannot be that the
are Datuk Wilfred Madius Tangau (now However, the reference to Chairman important work of Parliament could be
the Minister of Science, Technology in this Standing Order must refer to brought to a grinding halt whenever
and Innovation), Datuk Mas Ermieyati a Chairman of the meeting, and not there is a vacancy. If this were the case,
Samsudin (now the Deputy Minister of necessarily the Chairman of the Select the work of Parliament could easily be
Tourism and Culture), and Dato Seri Committee himself or herself. This is frustrated by merely engineering one or
Reezal Merican Naina Merican (now the because Standing Order 77(3) states more vacancies in any Select Committee
Deputy Minister of Foreign Aairs), who that in the absence of the Chairman or in order to prevent it from functioning.
were members of the PAC. Vice-Chairman, the remaining members

JUL-DEC 2015 | PRAXIS 11

 PRESS RELEASES FROM THE BAR
The proceedings of the PAC which A number of incidents this past week commercial banks will be called in to
have already been scheduled for this lend further credence to the perception assist in investigations.
coming week starting on 4 August, of interference into the probe being
as well as later this month and in conducted by the Special Task Force, The Dewan Rakyat, as its name reflects, is
September 2015 to hear from both particularly the abrupt termination of the forum where elected representatives
past and present 1MDB executives, the services of the former Attorney of the people convene. The Government
auditors and other persons connected General, and the arrest by the police must be held accountable to Parliament
with this aair, must therefore proceed, of two individuals an ocer from for its conduct. It is therefore critical
and any absence by the summoned the Attorney Generals Chambers, and that Parliament, and particularly the
witnesses from these proceedings a Deputy Public Prosecutor (DPP) PAC, must not countenance any delay
would be contempt of Parliament. seconded to the Malaysian Anti- or interference in their investigation into
Corruption Commission (MACC) 1MDB. The proceedings of the PAC
The imbroglio surrounding 1MDB is a as well as the reported raid by the must proceed expeditiously.
serious matter. There is already much police on the DPPs home and oce
public disquiet that the investigations in the MACC, and the alleged removal Steven Thiru
by the Special Task Force are being of documentary evidence relating to President
hindered or impaired, including by MACCs investigations into 1MDB. Malaysian Bar
various actions directed at members of In addition, the Inspector General of
the Special Task Force. Police is reported to have said that 2 August 2015
ocials from Bank Negara Malaysia and

Let the MACC They reportedly arrested two ocers hajat session to pray for MACC
one of whom was the investigator sta, their families, their community
Investigate Without looking into SRC International Sdn Bhd and for a corruption-free country;
Impediment, and Allow who were subsequently released. In
the Truth to Emerge addition, the police raided the MACCs (5) Datuk Hj Mustafar Ali (MACC Deputy
Special Operations Division and Chief Commissioner (Prevention))
The Malaysian Bar denounces the reportedly removed documents which has been reported to have said on
current unrelenting onslaught against the may well consist of crucial evidence, 5 August 2015 that when action
Malaysian Anti-Corruption Commission particularly concerning the investigation is taken on an investigating ocer
(MACC) in connection with its into SRC International Sdn Bhd from [during an ongoing investigation],
investigation into the flow of funds from the possession of MACC personnel. it somewhat jeopardises the
SRC International Sdn Bhd (a former investigation;
subsidiary of 1MDB), as well as funds of Other recent developments include the
RM2.6 billion, into the Prime Ministers following: (6) Senator Datuk Paul Low, Minister in
private bank accounts. the Prime Ministers Department in
(1) In an unprecedented move, all five charge of governance and integrity,
It cannot be denied that, since 28 July panels that have oversight over the reportedly stated yesterday that
2015, MACC personnel have been MACC issued a joint press statement the police are showing high-
the focus of a police investigation into on 29 July 2015 appealing for the handedness, and that it is
allegations of leaking of confidential MACC to be allowed to undertake important that [MACC] do what they
information and involvement in a its work as part of the Special Task need to do; and
supposed conspiracy to overthrow the Force without any interference or
Government, purportedly in violation of pressure from third parties; (7) Also yesterday, Tan Sri Johan Jaafar
Section 124B of the Penal Code. (Chairman of MACCs Consultation
(2) On 30 July 2015, MACC issued and Corruption Prevention Panel)
In particular, we have seen in recent days another press statement reportedly reportedly expressed dismay over
the arrest and questioning of Tan Sri denying that its ocers were the spate of raids and arrests by the
Rashpal Singh, a former adviser to the involved in a conspiracy to topple police, and reiterated the need for
MACC, and Ahmad Sazilee Abdul Khairi, the Government, and were instead the agency to be allowed to execute
a Deputy Public Prosecutor seconded to only carrying out their duties without its duties unhindered.
the MACC, before they were released. fear and favour, in spite of anyone
The latters oce and home were involved; It is quite telling, and extremely
raided, and documents were reportedly disconcerting, that the beleaguered
removed. (3) MACC Special Operations Division MACC as well as a Minister in the
Director Dato Hj Bahri Mohamad Prime Ministers Department has had
The police have also questioned senior Zain has been reported as saying he to make these statements and express
MACC ocers, including Dato Hj was baed by the arrest of Deputy indignation, as well as hold special
Bahri Mohamad Zain (Director, Special Public Prosecutor Ahmad Sazilee prayers. It compounds the commonly
Operations Division), Datuk Tan Kang Abdul Khairi, and raised the ominous held fear that the MACCs investigation
Sai (Deputy Director, Special Operations spectre of hidden hands at work; is being seriously derailed, and that there
Division), Datuk IG Chandran (Director, are strong forces at work to curtail the
Forensic Division), and Tuan Roslan Tuan (4) On 4 August 2015, it was reported MACCs eorts. Astoundingly, at this
Mat (Ocer, Special Operations Division). that the MACC held a special solat critical time, MACC Chief Commissioner
Tan Sri Abu Kassim Mohamed is on leave.

12 PRAXIS | JUL-DEC 2015

 PRESS RELEASES FROM THE BAR
The investigation being conducted by for the police to intrude into, and interfere accepting gratification by an agent), read
MACC was part of the work of a Special with, the MACCs investigation, and/or with section 50 (regarding a presumption
Task Force that had been set up to look to remove or compromise vital evidence in certain oences) of the MACC Act
into allegations of financial impropriety collated by MACC. It must be borne in 2009.
involving 1MDB. It is thus shocking mind that interfering with or obstructing
to learn that the Attorney General has an ongoing MACC investigation is in It is therefore still imperative that the
reportedly advised that the Special Task itself an oence under Section 48 of the MACC identify the purpose, if any, of
Force should be disbanded. MACC Act 2009. the donation, the conduct and activity
of the recipient in relation to the use of
The reported incidents are wholly Thus, the announcement by the MACC that donation, and the reason why the
inconsistent with the Governments on 3 August 2015 that the RM2.6 billion donation was deposited into a private
publicly declared aim to uncover the allegedly deposited into the personal account of the recipient. Donations
unvarnished truth behind the alleged bank accounts of the Prime Minister did of this nature are seldom made for
deposit of funds into the personal bank not comprise monies from 1MDB but charitable purposes.
accounts of the Prime Minister, and was instead a donation, raises more
to unearth dishonest dealings, if any, questions than provides answers. The The Malaysian Bar demands that
associated with that deposit, and other events preceding as well as following the MACC to be allowed to conduct
irregularities concerning 1MDB. The it, as set out above, give rise to the its investigation independently and
actions by the police, which have the inference that the announcement was comprehensively, without any external
appearance of an assault on the MACC, a result of external interference, or was threat, pressure or influence. The flagrant
have seemingly caused irreparable harm made to relieve the pressure faced by the level of intimidation inflicted on, and the
to the standing of MACC as an agency to MACC. climate of fear foisted upon, the MACC
combat corruption. must stop. The role and responsibility
The MACC Act 2009 provides that even if of the MACC must not, and cannot
The launch of the investigation into the the alleged deposit into the personal bank be, perverted to excuse or exculpate
MACC, and the allegation of a plot to accounts of the Prime Minister may have anyone including politicians from
overthrow the Government, could be been a donation, it does not necessarily allegations of corruption.
seen as a thinly-disguised attempt to mean that no corrupt act had occurred.
block the truth from emerging. Moreover, The term gratification in section 3 of the Steven Thiru
the investigation into allegations of MACC Act 2009 includes a donation, and President
leaking of confidential information and does not exclude a political donation. Malaysian Bar
the purported breach of Section 124B MACC should also look into section
of the Penal Code are not carte blanche 17 (regarding the oence of giving or 7 August 2015

Section 124B of the Penal When Section 124B was tabled in democracy is only applicable in countries
Parliament in 2012 as an amendment to where the Parliament is supreme, such as
Code Must Not Be Used the Penal Code, the Government declared the United Kingdom.
to Curb Freedom of that it would be used to deal with violent
Assembly oences such as the assassination of a Thus, Section 124B purports to cover
head of state, a coup dtat, an armed a subject matter parliamentary
The Malaysian Bar deplores the arrest insurgency, or guerrilla warfare, and supremacy that is unknown to our
and detention on 25 August 2015 of 17 breaches of constitutional provisions.1 constitutional scheme. It further oends
persons 16 of whom are reportedly There was no intention to inhibit political two cardinal principles: criminal law
university students for participating in dissent or peaceful assembly, and a must be clear and precise, and the
a peaceful sit-in outside the Parliament. Member of Parliament had observed, subject matter of criminal sanction must
They were remanded overnight and the Kalau nak buat perhimpunan aman be known. The uncertainty in Section
police subsequently sought a seven-day atau bersih pun, itu tidak detrimental to 124B is exacerbated by the oppressive
extension of the remand. The Magistrate Parliamentary Democracy.2 penal sentence for the oence, which is
granted a remand of three days. The imprisonment for a term that could extend
revision application was heard by the High The resort to Section 124B against the 17 to 20 years.
Court yesterday, and the remand period persons, who had assembled peaceably,
for 16 of the detainees was reduced to is therefore unjustifiable. This provision Moreover, it is unacceptable for the
two days. cannot be misused to erode or dilute the police to have sought remand orders
constitutional right enshrined in Article of one week. The duration sought was
It has been reported that the detainees are 10(1)(b), read with 10(2)(b), of the Federal excessive, and lends to the widely held
being investigated, inter alia, for an activity Constitution to assemble peaceably perception that the police are freely
detrimental to parliamentary democracy, and without arms. Further, it would be a seeking remand orders to punish persons
under Section 124B of the Penal Code gross abuse of Section 124B if it were to involved in peaceful assemblies, even
(Section 124B). The phrase activity be used to cause fear or anxiety among before any finding of guilt by a court of
detrimental to parliamentary democracy members of the public. law, as well as to further intimidate others
is defined in Section 130A(a) of the Penal who may wish to participate in any public
Code as an activity carried out by a In any event, the constitutional validity of assembly.
person or a group of persons designed Section 124B is questionable. Malaysia
to overthrow or undermine parliamentary is a constitutional democracy, where the The Malaysian Bar strongly urges the
democracy by violent or unconstitutional Federal Constitution is the supreme law of police to cease misusing Section 124B,
means. the land.3 The concept of parliamentary and to respect the right of all Malaysians

JUL-DEC 2015 | PRAXIS 13

 PRESS RELEASES FROM THE BAR
to assemble peaceably. Democracy The monitoring team will look out for, and (2) The name, IC number and telephone
is strengthened not threatened document, possible violations of human number of the arrested person; and
when Malaysians who wish to assemble rights by any individual or group during (3) The police station to which the arrested
in peace may do so without threats of the event. person has been taken (if known).
reprisal or unjustified arrest. In addition, a team of lawyers from the Bar The urgent arrest team will try to contact
Council Legal Aid Centre (Kuala Lumpur), the arrested person and to arrange legal
Steven Thiru known as the urgent arrest team, will assistance as quickly as possible.
President provide legal assistance in the event of
Malaysian Bar arrests. The team can be contacted by SMS
at the following telephone numbers: 1 Penyata Rasmi Parlimen Dewan Rakyat,
17 April 2012, page 120, quoting the
28 August 2015 (1) 018-321 1506 then-de facto Law Minister Dato Seri
(2) 011-1214 0877 Mohamed Nazri Abdul Aziz.
Notes 2 Ibid., page 73, quoting the Member of
Members of the public can send a SMS to Parliament for Rembau, Tuan Khairy
Bar Council will send a monitoring team one of these numbers, with the following
to observe the BERSIH 4 rally, which is Jamaluddin.
information:
scheduled to take place in Kuala Lumpur on 3 Article 4(1) of the Federal Constitution.
29 and 30 Aug 2015 (Saturday and Sunday). (1) Name of sender;

The Police Must Not himself for questioning by the police thus 16. Governments shall ensure that
far. His arrest is an absolute misuse of lawyers (a) are able to perform all of
Misuse SOSMA, and the power of arrest and detention under their professional functions without
Must Not Ignore Section 4 of SOSMA. intimidation, hindrance, harassment
the Solicitor-Client or improper interference; (b) are
The Malaysian Bar expressed reservations able to travel and to consult with
Relationship over the use of SOSMA on Dato Sri their clients freely both within their
Khairuddin in our press release dated 2 own country and abroad; and (c)
The Malaysian Bar is outraged over the October 2015.2 These same concerns shall not suer, or be threatened
detention of Matthias Chang a Member apply to Matthias Chang. SOSMA was with, prosecution or administrative,
of the Malaysian Bar and one of the legislated to address terrorism threats economic or other sanctions for
lawyers representing Dato Sri Khairuddin and violent conduct. SOSMA must not any action taken in accordance
Abu Hassan (Dato Sri Khairuddin), a be misused as a replacement for the with recognized professional duties,
politician and vocal critic of 1Malaysia repealed Internal Security Act 1960 standards and ethics.
Development Berhad (1MDB) (ISA). The manner in which the police
under the Security Oences (Special have resorted to SOSMA against Dato
Measures) Act 2012 (SOSMA). The Sri Khairuddin and Matthias Chang is
detention is reportedly for investigations disquieting, as it appears that SOSMA is 18. Lawyers shall not be identified
into allegations of having committed becoming the new ISA. with their clients or their clients
oences under Sections 124K (sabotage) causes as a result of discharging
and Section 124L (attempt to commit The Malaysian Bar denounces the their functions.
sabotage), both under the Penal Code. intimidation, harassment, arrest or
detention of any Member of the Malaysian The Malaysian Bar further condemns
Matthias Chang was arrested by the Bar in the discharge of his or her duties any attempt to transgress or erode the
police yesterday after visiting his client, or obligations for and on behalf of any principle of legal professional privilege or
who is currently being detained at the client. Every Member of the Malaysian solicitor-client privilege, in the guise of a
Dang Wangi District Police Station. It Bar is obliged to, and must be allowed to, purported investigation of a lawyer. The
has been reported that Matthias Chang act without fear or favour in the clients rationale underpinning the principle of
is now to be detained for up to 28 days. interest, with due regard to the rule of law legal professional privilege is that:
and the administration of justice.
It had been earlier reported that Matthias (a) it is of fundamental importance,
Chang and his client had both been The Chief Justice of Malaysia, The for the proper administration of
barred from travelling outside Malaysia Right Honourable Tun Arifin Zakaria, justice, that clients should enjoy
on 18 September 2015, and that they has observed that the lawyer does absolute confidence in respect of all
were about to travel to New York for not merely carry out the duties he is communications with their lawyers
the purpose of meeting with the Federal professionally trained for, but assumes a for the provision of legal advice and/
Bureau of Investigation in relation to special role in safeguarding the sanctity or representation;
allegations of financial impropriety of the legal system and more importantly
concerning 1MDB.1 Subsequently, to uphold the rule of law.3 (b) the principle promotes the
Matthias Chang was questioned by the public interest, because it assists
police on 28 September 2015 and 2 It is also important to note that Articles 16 and enhances the administration
October 2015, as a witness in respect of and 18 of the Basic Principles on the Role of justice by facilitating the
the allegations levelled against his client. of Lawyers, adopted by the Eighth United representation of clients by their
Nations Congress on the Prevention of legal advisors; and
It is inexplicable that the police have now Crime and the Treatment of Oenders in
detained Matthias Chang under SOSMA, 1990, state that: (c) the system of administration of
as he has been cooperative in presenting justice depends for its vitality on

14 PRAXIS | JUL-DEC 2015

 PRESS RELEASES FROM THE BAR
full, free and frank communication crime or fraud has been committed since performing his duties to his client.
between those who need legal the commencement of his employment.
advice and those who are best able Steven Thiru
to provide it. The police must scrupulously adhere to President
this salutary principle well-entrenched Malaysian Bar
The principle of legal professional privilege in both statute and common law of
must remain inviolate and absolute, as legal professional privilege, and must not 9 October 2015
it protects all information provided by a seek to obtain from Matthias Chang any
client to the lawyer for the purposes of information given to him by his client, 1 Malaysia Blocks Critic of Prime Minister
legal advice or representation, whereby Dato Sri Khairuddin, by ignoring or From Taking Case to U.S. , New York
the information cannot be divulged by breaching this long-standing principle. Times, 18 September 2015.
the lawyer to anyone, unless the client Any interference with the principle is 2 Press release by the Malaysian Bar
waives the privilege. This principle is wholly abhorrent, and obverse to the entitled SOSMA Must Not be Misused
codified in Section 126 of the Evidence administration of justice. to Silence Critics of 1MDB, 2 October
Act 1950, with two limited exceptions 2015.
that render the privilege inapplicable, The Malaysian Bar demands that the 3 Opening Address by The Right
namely, where there is (a) any such police recognise and respect the role Honourable Tun Arifin Zakaria, Chief
communication made in furtherance of and responsibilities of Matthias Chang Justice of Malaysia at the International
Malaysia Law Conference 2014 (24
any illegal purpose; (b) any fact observed as a lawyer, release him immediately,
September 2014).
by any advocate in the course of his and refrain from any action that is likely
employment as such showing that any to harass, impede or obstruct him from

Respect the Rule of sentenced for up to 15 years in jail. Both international cooperation is necessary
men have applied to the High Court to in combatting corruption, terrorism and
Law and Release Dato challenge the prosecution against them. other international crimes. It has also
Sri Khairuddin and launched numerous national initiatives
Matthias Chang Section 124L of the Penal Code is within calling on individuals to partner in the
Part VI of the Penal Code. Under SOSMA, eort to end corruption.
The Malaysian Bar deplores the misuse all oences under Part VI and Part VIA of
of the Penal Code and the Security the Penal Code are considered security As such, it beggars belief that when
Oences (Special Measures) Act 2012 oences, triable in the High Court. a person exercises his own personal
(SOSMA) by the authorities in the recent initiative to ask overseas law enforcement
arrest, detention and prosecution of It is therefore inexplicable that both agencies to investigate possible corrupt
Dato Sri Khairuddin Abu Hassan (Dato men were charged in the Magistrates practices at the highest levels of the
Sri Khairuddin), and his lawyer, Matthias Court. Further, it is disconcerting that Government, it is seen by the authorities
Chang, a Member of the Malaysian Bar. the prosecution then sought a further as an attempt to sabotage the banking
period of detention of 30 days pending and financial system of Malaysia.
Dato Sri Khairuddin and Matthias an application to transfer their cases to
Chang were arrested and detained under the High Court. The Magistrate allowed In this borderless world, transboundary
SOSMA on 18 September 2015 and 8 a detention of 14 days. corruption is a major scourge that requires
October 2015, respectively. It is reported global partnership and worldwide
that they were being investigated under Detention of an accused person eorts. Malaysia regularly asks law
Section 124K (sabotage) and Section subsequent to charge pending the enforcement agencies from foreign
124L (attempt to commit sabotage) of the prosecutions transfer application is countries for assistance. Here is a case
Penal Code. Dato Sri Khairuddin filed a unjust and unlawful. In this case, it of a Malaysian citizen seeking help
habeas corpus application, which was appears to be an undisguised attempt to from law enforcement agencies in foreign
fixed for hearing on 13 October 2015. It detain both men for an additional period countries to address alleged cross-
was reported that Matthias Chang was not sanctioned by law. border corruption. Some of the parties
about to file a habeas corpus application allegedly involved in this nefarious web of
as well. In any event, it is perplexing that the transactions operate in the jurisdictions
prosecution would see this case as in which reports were lodged.
However, both men were charged on 12 involving a security oence. Part VIA
October 2015 in the Magistrates Court, of the Penal Code was introduced to We are already witnessing cross-
for the oence of attempting to commit combat security oences arising out of currents between the Attorney Generals
sabotage under Section 124L of the Penal acts of terrorism. An action to expose Chambers and Bank Negara Malaysia
Code. It has been alleged that the act of possible corruption within the corridors about whether or not 1Malaysia
sabotage is in relation to the lodging of of government cannot, by any stretch of Development Berhad (1MDB) had
reports about possible corrupt practices, the imagination, fall under Part VIA of the violated Malaysian law in terms of
with law enforcement agencies in five Penal Code, and neither is it a security exchange control permission for overseas
foreign countries France, the United oence under international law. investments. We saw similar attempts
Kingdom, Switzerland, Hong Kong to interfere with the Malaysian Anti-
and Singapore that was purportedly The international law element cannot Corruption Commission in its attempts
intended to be a conspiracy to cause be ignored. Malaysia has signed the to investigate the transfer of MYR2.6
harm to the banking and financial system United Nations Convention against billion and MYR42 million into the Prime
of Malaysia. If convicted, they could be Corruption. It therefore recognises that Ministers private bank accounts.

JUL-DEC 2015 | PRAXIS 15

 PRESS RELEASES FROM THE BAR
When credible concerns are raised sought to be achieved by the authorities Matthias Chang) was indeed an attempt
about whether our own mechanisms is to discourage lawyers from acting for to sabotage the banking and financial
to investigate corruption have been known critics of the Government. system of Malaysia.
crippled or compromised, it is
understandable that recourse is had to Moreover, the decision to charge both The conduct of the authorities in Dato Sri
overseas law enforcement agencies. men on the eve of Dato Sri Khairuddins Khairuddins and Matthias Changs case
The Governments response is therefore habeas corpus application (and before leaves much to be desired. The misuse
highly questionable. Matthias Changs intended habeas of SOSMA and criminal procedures for
corpus application) could easily be the purposes of alleged Penal Code
The charge against Matthias Chang construed as an attempt to avoid judicial oences is unacceptable. The Malaysian
attracts additional opprobrium because scrutiny into the merits of the cases Bar demands that the rule of law be
he has consistently stated that his actions against them. It would appear that the respected, and urges that the prosecution
were in his capacity as an advocate and prosecution was suciently concerned against both men be withdrawn and they
solicitor advising his client. His arrest, that the habeas corpus applications be released forthwith.
detention and prosecution are therefore in would be allowed by the court, such that
clear violation of the United Nations Basic it took steps to pre-empt them. In this Steven Thiru
Principles on the Role of Lawyers, which regard, it would be pertinent to know President
mandates that lawyers not be identified whether Bank Negara Malaysia filed Malaysian Bar
with their clients or their clients causes any adavit in Dato Sri Khairuddins
simply by the act of representing them. habeas corpus application confirming 15 October 2015
It would appear that the chilling eect that the purported conduct by him (and

Press Statements (December 2014 October 2015)*

Title Date
Respect the Rights and Dignity of Asylum Seekers and Refugees, and Eliminate Human Tracking and
(1) 20 June 2015
Migrant Smuggling
(2) Harmony and Unity in Our Schools Cannot be Achieved by the Curtailment of Rights 24 June 2015

(3) Rein In Overzealous Dress Code Enforcement and Reject Clothing or Moral Policing 4 July 2015
Conduct Independent Investigation into Disclosures Relating to 1MDB Comprehensively and with
(4) 9 July 2015
Integrity
At the Crossroads of the Rule of Law: Malaysia Must Confront Challenges to International and Domestic
(5) 16 July 2015
Justice Now
Untimely and Unwarranted Upgrade in the Tracking in Persons Report Compromises the Fight
(6) 22 July 2015
Against Human Tracking
(7) Interference into 1MDB Investigations Shields Wrongdoers and Conceals Wrongdoing 28 July 2015

(8) Appointment of New Attorney General of Malaysia 29 July 2015

(9) Comprehensive Reform to the MACC Needed to Strengthen the Fight Against Corruption in Malaysia 31 July 2015

(10) Parliament Must Not Countenance Any Delay or Interference in PACs Investigation into 1MDB 2 Aug 2015

(11) Let the MACC Investigate Without Impediment, and Allow the Truth to Emerge 7 Aug 2015

(12) Respect and Facilitate and Not Deter the Right to Assemble Peaceably and Without Arms 22 Aug 2015

(13) Section 124B of the Penal Code Must Not Be Used to Curb Freedom of Assembly 28 Aug 2015
Malaysian Bar Expresses its Condolences on the Untimely Demise of Anthony Kevin Morais, and Calls
(14) 17 Sept 2015
for a Full Investigation
(15) Reject the Racism and Violence that Occurred on 16 September 2015 21 Sept 2015

(16) SOSMA Must Not be Misused to Silence Critics of 1MDB 2 Oct 2015

(17) The Police Must Not Misuse SOSMA, and Must Not Ignore the Solicitor-Client Relationship 9 Oct 2015

(18) Respect the Rule of Law and Release Dato Sri Khairuddin and Matthias Chang 15 Oct 2015
*Only highlighted press statements are reproduced in full.

For more press releases, please visit http://www.malaysianbar.org.my/press_statements/

16 PRAXIS | JUL-DEC 2015

 FEATURES/ARTICLES

The Office of the Attorney General

Part I: A Constitutional any person appearing before, disingenuous. In fact, the Attorney-
Conundrum1 any court or tribunal in the General, when he is acting in political
Federation (see Article 145 (3)). matters, is a highly political animal
Article 145 of the Federal Constitution entitled to engage in contentious
sets out the Oce of the Attorney The hybrid nature of the AG as politics. I suppose the only thing
General (AG). Constitutional Officer one can say is that some Attorney-
Generals are more contentious than
He is an appointee of the Yang di- The historical antecedents of the AGs others as politicians. But the basic
Pertuan Agong (YDPA) who acts upon oce have been charted out by various requirement of our constitution is
the advice of the Prime Minister (PM). commentators. The dual roles of the AG that however much a political animal
The Attorney Generals oce must be in Malaysia owed its origin from English he may be when he is dealing with
held by a person who is qualified to be practice. As Sir Elwyn Jones described political matters, he must not allow
judge of the Federal Court. it since 1900, the position in England is political considerations to aect his
that,2 now the outstanding function and actions in those matters in which he
His duties as conferred by the the main duty of the Attorney-General is has to act in an impartial and even
Constitution is twofold: (A) that of a to be legal adviser of the Government quasi-judicial way.
constitutional ocer vested with legal as a whole, and of various government
advisory role to the YDPA, the Cabinet departments. In one recent Canadian Supreme Court
of the day, and any Minister for legal decision, it was observed tersely,6
matters and performance of duties of Professor S A de Smith puts it
legal character; and (B) that of Public succinctly,3 It is a constitutional principle
Prosecutor: that the Attorneys General of this
Under the British constitution country must act independently of
(i) As legal adviser to the Government, the Attorney-General occupies a partisan concerns when exercising
the AGs duties are as set forth peculiarly delicate position. Himself their delegated sovereign authority
under Article 145 (2) in the following a politician, he must divest himself to initiate, continue or terminate
terms: of political partisanship in carrying prosecutions.
out a number of important functions
(a) To advise the YDPA, the in appearing as guardian of the The vulnerability of the AGs decision-
Cabinet, or any Minister upon public interests at a judicial tribunal making power to prosecute is now
such legal matters; of inquiry, in deciding whether to demonstrated by recent events that
give leave or instructions for certain led to the termination of Tan Sri Abdul
(b) To perform such other duties classes of prosecutions nolle Gani b Patail, the AG who had served
of a legal character, as may prosecui to be instituted, in deciding 13 years in oce. The government has
from time to time be referred or whether to enter a nolle prosecui to stated that the early termination of Tan
assigned to him by the YDPA or stop a trial on indictment. Sri Gani as AG is for health reasons.7
the Cabinet; and;
In English practice, the role is bifurcated The events that led to the termination
(c) To discharge the functions and occupied by two individuals whilst in is now shrouded by denials and
conferred on him by or under Malaysia, it is vested in a single person.4 announcements that appear to obscure
this Constitution or any other The dilemmas of decision-making rather than illuminate. Was it that the
written law. to prosecute or not to prosecute is former AG was taking steps to exercise
therefore heightened in Malaysia. his Public Prosecutorial powers that
(ii) As Public Prosecutor, Article 145 (3) he was taken out8? If so, who made
lays down that: The hybrid nature of the Malaysian AGs that decision which would constitute as
oce is constitutionally demarcated serious abuse of powers of public oce
(a) the AG shall have power, under Article 145. He is not normally ie the removal of a Public Prosecutor
exercisable at his discretion, to a member of the Cabinet and therefore who was vested with clear constitutional
institute, conduct or discontinue the discharge of oce is expected to powers which have been judicially
any proceedings for an oence, be non-partisan politically. However recognised as unfettered in a host of
other than proceedings before realistically politics is pervasive and cases. The circumstances that led to
the Syariah Court, a native inescapable, Sir Elywn Jones, a former the AGs unceremonious termination
court or a court martial; and Attorney General of the United Kingdom is a serious matter which merits
puts it well,5 investigation, and the disquietude that
(b) in the performance of his attends to its aftermath cannot be
duties, the AG is the first legal You may think that the Attorney quelled as it involves questions of grave
ocer of the Federation and he General is some sort of detached national import. Urgent restoration of
has the right of audience in, creature who has nothing to do with the protection of the oce tenure as
and shall take precedence over politics. But that would be highly equivalent to a judges tenure is called

JUL-DEC 2015 | PRAXIS 17

 FEATURES/ARTICLES
for and clear answers as to why and 3 See SA de Smith, The New Alberta, Supreme Court Law Review
what happened to the former AG is the Commonwealth and Its Constitutions (2003), 20 SCLR (2d), pp 169195.
sine qua non to restore legitimacy to the (1964) (Stevens & Sons) at 7 See the arguments in the article entitled
p 143. The Constitutional Validity of the
public governance of the nation.
4 See English practice in John LL J Termination of the Services of Tan Sri
Edwards, The Attorney General, Politics Abdul Gani b Patail as the Attorney
Philip Koh Tong Ngee and Public Interest. The American General in this issue of Praxis that give
Advocate & Solicitor experience where the AGs oce is the rise to serious issues of dismissal of a
Co-editor, Sheridan & Groves, principal legal adviser to the President public servant without adherence to
The Constitution of Malaysia and the Executive branch is ably natural justice.
(5th edition) (2004) (LexisNexis) highlighted in Chapter 3. 8 An interview with Datuk Abdul Rahman
5 (1969) Cambridge Law Journal, 27 (1) Dahlan, the newly-appointed Barisan
Notes: April 1969, p 50. Nasionals Strategic Communications
1 Sir Elwyn Jones citing Patrick Hastings 6 Krieger v Law Society of Alberta [2002] Director, who alluded to pre-emptive
in The Oce of the Attorney General, SCC 65; see article discussing the case steps which resulted in the untimely
Cambridge Law Journal, 27 (1) April by Lori Sterling and Heather Mackay, removal of the former AG, in The Star,
1969, pp 4353, characterises the AG's Constitutional Recognition of the titled Swimming against the tide to get
Oce as being "... from hell". Role of Attorney General in Criminal to the truth, dated 16 Aug 2015.
2 Infra, p 46. Prosecutions: Krieger v. Law Society of

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18 PRAXIS | JUL-DEC 2015

 FEATURES/ARTICLES

The Office of the Attorney General

Part II: The Constitutional 132. Public services Accordingly, a member of the public
Validity of the Termination services, or a public servant, listed in
of the Services of Tan Sri (1) For the purposes of this paragraphs (b) to (h) in Article 132(1) in
Abdul Gani b Patail as the Constitution, the public services Part X, cannot be dismissed or reduced
Attorney General are in rank without first being accorded a
(a) the armed forces; reasonable opportunity of being heard.
On the 28th of July 2015, the Chief (b) the judicial and legal Article 135(2) therefore clearly requires
Secretary of the Government, Tan Sri service; that any action to dismiss and/or reduce
Dr. Ali Hamsa, announced that the (c) the general public service in rank a public servant must be eected
services of Tan Sri Abdul Gani b Patail of the Federation; in accordance with the principle of
(Tan Sri Gani) as the Attorney General (d) the police force; procedural fairness or natural justice.
of Malaysia had been terminated on (e) (Repealed); This entrenched right to due process
medical grounds with eect from the (f) the joint public services has been recognised by our courts on
27th of July 2015. It was also announced mentioned in Article 133; numerous occasions.5
that Tan Sri Gani would remain in service (g) the public service of each
as a Judicial Services Ocer until his State; and However, there are constitutional
retirement on the 6th of October 2015.1 (h) the education service. limitations to the concept of procedural
fairness in Article 135(2). This is
The sudden decision to terminate reflected in Article 132(4)(b) which reads
the services of Tan Sri Gani, a central (2a) Except as expressly provided as follows:
member of the Special Task Force that by this Constitution, every
was investigating the allegations of person who is a member of (4) References in this Part, except
financial impropriety related to 1Malaysia any of the services mentioned in Articles 136 and 147, to
Development Berhad (1MDB) and the in paragraphs (a), (b), (c), (d),(f) persons in the public service or
deposition of funds related or otherwise and (h) of Clause (1) holds oce to members of any of the public
into the Prime Ministers private bank during the pleasure of the Yang services shall not apply to
accounts, has caused much public di-Pertuan Agong, and, except
disquiet. Tan Sri Gani was also about as expressly provided by the (b) the Attorney General or, if
66 days away from his retirement. Constitution of the State, every provisions for the manner
person who is a member of the of his appointment and
The Malaysian Bar2 and several other public service of a State holds removal from oce is
parties3 have taken the position that oce during the pleasure of the specifically included in
Tan Sri Ganis removal as the Attorney Ruler or Yang di-Pertua Negeri. the Constitution of the
General was unconstitutional. However, State, or if he is appointed
the new Attorney General has argued Thus, members of the judicial and legal otherwise than from
that the removal was constitutional.4 services are part of the public services among the members of the
of the country. They are public servants. judicial and legal service
This article proposes to briefly examine or of the public service of
the constitutionality of Tan Sri Ganis Next, Articles 135(1) and (2) in Part X the State, the legal adviser
removal as the Attorney General. stipulate that; of any State;(emphasis
added)
Article 135(2) of the Federal 135. Restriction on dismissal and
Constitution and the reduction in rank The eect of the exclusionary provision
Requirement for Procedural in Article 132(4)(b) would very much
Fairness (1) No member of any of the services depend on the occupational background
mentioned in paragraphs (b) to of the person appointed as the Attorney
Tan Sri Gani was a member of the (h) of Clause (1) of Article 132 General.
judicial and legal services when he shall be dismissed or reduced in
was removed as the Attorney General. rank It is to be noted that since independence
This is confirmed by the decision of the in 1957 we have had three classes of
Government that he is to remain as a (2) No member of such a service as persons who have been appointed as
member of the judicial and legal services aforesaid shall be dismissed or the Attorney General. First, there have
until the date of his retirement. reduced in rank without being been Attorneys General who were
given a reasonable opportunity members of the Cabinet or Members
Articles 132(1) and (2A) in Part X of the of being heard: of Parliament,6 secondly, there have
Federal Constitution provide that; been those who were appointed under
Provided that this clause shall contract,7 and, thirdly, there have been
not apply to the following appointees from the judicial and legal
cases: (not applicable) services.8

JUL-DEC 2015 | PRAXIS 19

 FEATURES/ARTICLES
In this respect, the following table sets out the backgrounds of the past Attorneys General:

Attorney General Tenure of Position prior to appointment as Attorney General

service
Thomas Vernor Alexander Brodie 19551959 Legal department in Kuala Lumpur as legal draftsman
Tan Sri Dato Cecil M Sheridan 19591963 Solicitor General
Tan Sri Datuk Haji Abdul Kadir b 19631977 Solicitor General
Yusof
Tan Sri Datuk Haji Hamzah b Datuk 19771980 Minister of Commerce and Industry
Abu Samah
Tan Sri Datuk Abu Talib b Othman 19801993 Solicitor General
Tan Sri Dato Seri Mohtar b Abdullah 19942000 High Court Judge
Tan Sri Dato Seri Ainum bt 2001 Deputy Chief Executive of the Securities Commission, Malaysia
Mohamed Saaid
Tan Sri Abdul Gani Patail 20022015 Head of the Prosecution Division, Attorney Generals Chambers

Now, pursuant to Article 145(5) read with appointed from the judicial and legal The Constitutionally-
Article 132(4)(b), Attorneys General who service, such as Tan Sri Gani. This Guaranteed Right to Procedural
have been appointed from the Cabinet arises from a plain interpretation of the Fairness
or who are Members of Parliament, hold phrase appointed otherwise than from
the oce during the pleasure of the among the members of the judicial and In any event, it is important to note
Yang di-Pertuan Agong and may at any legal service in Article 132(4)(b). that the concept of procedural fairness
time resign his oce.9 Further, it is and natural justice is not solely and
open to debate whether Article 145(6) In other words, the exclusion of exclusively contained within Article
requires the requisition of a tribunal (of procedural fairness in Article 132(4)(b) 135(2).
the kind contemplated under Articles would only be applicable to Attorneys
125(3) and (4)) for the removal of an General who were appointed to the Rather, the concept originates from,
Attorney General with such a ministerial oce from their position as a member and is firmly entrenched within, Articles
and/or parliamentary background. The of the Cabinet, or as a Member of 5(1) (Right to life) read with 8(1) (Equality
doubt arises because it would then Parliament or, alternatively, as an before the law) in Part II of the Federal
seem that latter Attorneys General external appointment (ie by contract).11 Constitution.
enjoy less protection of tenure than the
transitional Attorney General.10 By virtue of Article 132(4)(b), such In fact, Articles 5(1) and 8(1) have been
appointments (of appointees from such accorded a wide interpretation to require
However, Attorneys General who are backgrounds) would not carry with them that all forms of state action must be
appointed by a contract of service the procedural safeguards enshrined eected with the requisite levels of
have tenure that operate on a fixed- within Article 135(2) as such appointees fairness and justice (most prominently
term basis. In this regard, a termination are not from the judicial and legal procedural fairness). The following
of service for such Attorneys General services. authorities are particularly instructive on
may be eected in accordance with this point:
the termination clauses in the said Therefore, in view of his pre-appointment
contracts. position within the judicial and legal (1) The Federal Court in Lee Kwan Woh
services, it is indisputable that the v Public Prosecutor [2009] 5 MLJ
However, and critically, Tan Sri Gani exclusionary provisions under Article 301:
was appointed as the Attorney General 132(4)(b) would not apply to an Attorney It is clear from this passage that the
from the judicial and legal services. In General of Tan Sri Ganis professional rules of natural justice, which is the
this connection, he held the position of background. procedural aspect of the rule of law,
Head of the Prosecution Division within is an integral part of Articles 5(1) and
the Attorney Generals Chambers prior Accordingly, the requirements of 8(1). In short, procedural fairness is
to his appointment as the Attorney procedural fairness within Article 135(2) incorporated in these two Articles.
General. He continued as a member of would still apply to the termination of (emphasis added)
the judicial and legal services throughout the services of Tan Sri Gani and his
his tenure as Attorney General. simultaneous reduction in rank. (2) The Court of Appeal in Hong Leong
Equipment Sdn. Bhd. v Liew Fook
It is clear as a matter of ordinary Chuan & Anor [1996] 1 MLJ 481:
interpretation that the exclusion in I have made these observations in
Article 132(4)(b) would not apply to order to emphasize the existence
Attorneys General who have been in the Federal Constitution of
provisions, such as arts 5(1) and

20 PRAXIS | JUL-DEC 2015

 FEATURES/ARTICLES
8(1), which are of wide import servant are subject to the pleasure of In view of the principles set out above, it
and contain principles that are the Yang di-Pertuan Agong. The Yang is clear that Articles 135(2), 5(1) and 8(1)
capable of meeting any issue of di-Pertuan Agong as a constitutional and the inherent procedural safeguards
public law that arises for decision. monarch acts (except in certain defined therein apply to Article 145(5).
The combined eect of these two circumstances) at all times on the advice
articles is to require all state action of the Cabinet.13 As an executive act, Further, Article 145(5) cannot be read as
to be fair and just; and they strike at it has nevertheless to comply with giving the Executive an unfettered power
arbitrariness even in the discharge of constitutional safeguards. The following of termination. It must be noted that there
administrative functions. Procedural judicial observations of high authority is a dierence between the doctrine of
fairness is accordingly part of our are important on this point: pleasure of yesteryears and the doctrine
law, not by reason of the application of pleasure in a democracy governed
of English cases, but because of (1) The Privy Council in Mahan Singh by the rule of law where arbitrariness in
the terms of arts 5(1) and 8(1). See v Government of Malaysia [1978] 2 any form is eschewed. In any country
Raja Abdul Malek Muzaar Shah v MLJ 133: where the rule of law prevails, unfettered
Setiausaha Suruhanjaya Pasukan discretion does not exist. This was the
Polis [1995] 1 MLJ 308; Tan Tek By Article 132(2A) of the position adopted recently by the Indian
Seng v Suruhanjaya Perkhidmatan Constitution, which applies to the Supreme Court in Narula v Union of India
Pendidikan & Anor [1996] 1 MLJ appellant, it is provided [2015] 1 LRC 355 where it was held that
261. (emphasis added) provisions akin to Article 145(5) ought to
Except as expressly provided by be read subject to the fundamentals of
(3) The Court of Appeal in Tan Tek this Constitution, every person who constitutionalism.14
Seng v Suruhanjaya Perkhidmatan is a member of any of the services
Pendidikan [1996] 1 MLJ 261: mentioned in paragraphs of On this point, it is also important to note
As I have earlier said, the Clause (1) holds oce during the the following oft-quoted observation of
expression law which appears pleasure of the Yang di-Pertuan Raja Azlan Shah CJ in the Sri Lempah
in arts 5(1) and 8(1) of the Federal Agong Enterprise Sdn. Bhd. case [1979] 1 MLJ
Constitution includes procedural 135 on the non-existence of the concept
law, and in particular, any procedure So prima facie, the Yang di-Pertuan of the unfettered discretion of power in
prescribed by written law. If a Agong, and during the emergency Malaysian jurisprudence:
particular procedure prescribed by the Director of Operations under his
written law is found to be arbitrary or delegated powers, can terminate Unfettered discretion is a
unfair or the procedure adopted in a the employment of any public contradiction in terms. Every
given case is held to be unfair, then, servant without notice and at any legal power must have legal limits,
generally speaking, it must be struck time he pleases; but this right is otherwise there is dictatorship.
down as oending art 5(1) read with subject to the express provision of In particular, it is a stringent
art 8(1). (emphasis added) the Constitution contained in Article requirement that a discretion should
135(2) that a public servant may not be exercised for a proper purpose,
Therefore, Articles 132(4)(b) and/or be dismissed without being given and that it should not be exercised
145(5) would be subject to the overriding a reasonable opportunity of being unreasonably. In other words, every
application of Articles 5(1) and 8(1) heard.(emphasis added) discretion cannot be free from
and the embedded rule of procedural legal restraint; where it is wrongly
fairness. (2) The Federal Court in Pengarah exercised, it becomes the duty of
Pelajaran Wilayah Persekutuan v the courts to intervene. The courts
Further, it is significant that Articles Loot Ting Yee [1982] 1 MLJ 68: are the only defence of the liberty
5(1) and 8(1) in Part II have not been of the subject against departmental
excluded by any provision in Part X, and In our view, as a civil servant holds aggression.(emphasis added)
therefore remained as a safeguard in the oce during pleasure, not only the
present situation. length of his service is subject to Further, and in any event, it should
pleasure but the place and time of be noted that the termination of
The Doctrine of Pleasure his service is also similarly subject to the Attorney Generals services was
pleasure. The only dierence is that eected for a stated reason or cause
It has been contended that the Attorney as regards dismissal and reduction (ie on grounds of health). This ex facie
Generals services were terminated in rank, procedural safeguards is inimical to invoking the termination at
under Article 145(5).12 contained in Article 135 must be pleasure doctrine.
observed, whereas in cases of
Article 145(5) provides, amongst others, transfer and other matters no such In this regard, it is must be noted that a
that the Attorney General holds his safeguards need be followed. termination and/or dismissal pursuant to
oce during the pleasure of the Yang the doctrine of pleasure is understood to
di-Pertuan Agong However, as observed in the judicial be a termination and/or dismissal that is
statements above, the doctrine eected without cause (see Lord Reid in
Now, the doctrine of pleasure has been of pleasure is subject to certain Ridge v Baldwin [1963] 2 All ER 66).
defined to mean that the tenure and the constitutional limitations such as the
conditions of employment of a public principles of natural justice.

JUL-DEC 2015 | PRAXIS 21

 FEATURES/ARTICLES
It would follow that in these In the result, questions abound whether 6 Such as Tan Sri Datuk Haji Hamzah b
circumstances (where a cause has the termination of the services of Datuk Abu Samah.
been provided for the termination of Tan Sri Gani as the Attorney General 7 Such as Tan Sri Dato Seri Ainum bt
services), the concept of procedural and, further, his reduction in rank, was Mohamed Saaid and the present Attorney
General, Tan Sri Dato Sri Haji Mohamed
fairness or due process (in Articles 5(1) unconstitutional. Apandi bin Haji Ali.
read with 8(1) of Part II) would remain 8 Such as Thomas Vernor Alexander
to be applicable to the termination and Gregory Das Brodie, Tan Sri Dato Cecil M Sheridan,
reduction in rank of the former Attorney Advocate & Solicitor Tan Sri Datuk Haji Abdul Kadir b Yusof,
General. Messrs Shook Lin & Bok Tan Sri Datuk Abu Talib b Othman, Tan Sri
Dato Seri Mohtar b Abdullah, and Tan Sri
The Adherence to the Medical Notes: Abdul Gani Patail.
Boarding-Out Procedures 1 See Kenyataan Akhbar: Jabatan Perdana 9 See Article 145(5) of the Federal
Menteri Malaysia, Pusat Pentadbiran Constitution.
Kerajaan Persekutuan, Putrajaya titled 10 The term transitional Attorney General
As the cause relied on to terminate Tan
Pelantikan Peguam Negara Malaysia, here is used in reference to the Attorney
Sri Ganis services was predicated on dated 27 July 2015. General specifically referred to in Article
the grounds of health, it is pertinent to 2 See the Press Release of the Malaysian 145(6) as The person holding the oce
note that procedural fairness or due Bar President, Steven Thiru dated 28 July of Attorney General immediately prior
process requires compliance with the 2015 entitled Interference into 1MDB to the coming into operation of this
medical boarding-out procedures for Investigations Shields Wrongdoers and Article
persons engaged in the public services. Conceals Wrongdoing. 11 However, it is to be noted that the pre-
3 See the Press Release of Lawyers for amendment version of Article 145(1)
Liberty dated 28 July 2015 entitled Gani required the Yang di-Pertuan Agong to,
These procedures can be found in, for
Patails removal as AG reckless and after consultation with the Judicial and
example, the Pekeliling Perkhidmatan Legal Service Commission, appoint
unconstitutional; the Legal Bureau Chief
Bilangan 10 Tahun 1995: Prosedur of the Democratic Action Party (DAP), an Attorney General from among the
Membersarakan Pegawai Atas Sebab Gobind Singh Deo, was reported to members of the judicial and legal service.
Kesihatan dated 10 Nov 1995 (issued have said that Tan Sri Ganis removal The rationale behind this version of Article
pursuant to section 10(5) of the Pensions may be unconstitutional (http://www. 145(1) was to ensure that the oce of the
Act 1980). themalaysianinsider.com/malaysia/ Attorney General was of a non-political
article/ganis-removal-as-a-g-may-be- character (see the Federation of Malaya
unconstitutional-says-dap); several other Constitutional Proposals, p 17, para 52
The said procedures require the (Government Printer, 1957) and The
lawyers were reported to have held the view
establishment of a Medical Board to, that the removal was unconstitutional Oce of Attorney General, Malaysia
amongst others, receive representations (http://www.themalaymailonline.com/ [1977] 2 MLJ xvi by Tan Sri Datuk Haji
as to the health of the public servant in malaysia/article/ags-sudden-removal- Abdul Kadir b Yusof.
question to enable a determination to be unconstitutional-lawyers-suggest). 12 See the Press Release of the newly-
made as to whether the public servant is 4 See the Press Release of the newly- installed Attorney General dated 29 July
able to discharge the functions required installed Attorney General dated 2015.
of his/her position. 29 July 2015: http://www.agc. 13 See the Federal Court in Abdul Ghani bin
gov.my/pdf/L atest%20Info/press/ Ali v PP [2001] 3 MLJ 561.
TERMINATION%20OF%20THE%20 14 See also the Indian Supreme Court case
The medical boarding-out procedures APPOINTMENT%20OF%20TAN%20 of BP Singhal v Union of India [2010] 6
were not invoked in respect of the SRI%20ABDUL%20GANI%20 SCC 331. The cases of Narula and BP
removal of Tan Sri Gani and he was PATAIL%20AS%20ATTORNEY%20 Singhal relate to the doctrine of pleasure
therefore deprived of the right to GENERAL.pdf as contained in Article 156(1) of the
disabuse the contention that he was 5 See the Federal Court decisions of Yusof Constitution of India which provides that
medically inept to continue in the oce bin Sudin v Suruhanjaya Perkhidmatan the Governor of each State in India shall
of Attorney General. Polis [2011] 5 MLJ 465 and Abdul Aziz hold oce during the pleasure of the
bin Mohd Alias v Timbalan Ketua Polis President.
Negara [2010] 4 MLJ 1.

22 PRAXIS | JUL-DEC 2015

 FEATURES/ARTICLES

Constitutional Patriotism: Towards Civic

Nationalism vs Ethnic Nationalism1
A patriot is one who cares for her nation. overcoming.5 This notion is best trends of refusal of accommodation to
The Oxford English Dictionary puts it placed to overcome the fragilities of the foundations of a constitutional polity.
succinctly as one who defends or is post-colonial nation states that are but
zealous for his countrys prosperity, imagined communities and subject to A nations Constitution is not just the
freedom, or rights. its social fabric being torn by primordial textual proposition found within the
sentiments of blood, kinship and tribes.6 printed page. It must inform, instruct
Patriotism as a concept is highly and instigate adherence and compliance
bastardised. It has been said that the When independence was declared by by both citizenry and those who wield
cry of patriotism is the last refuge of Tunku Abdul Rahman, he articulated authority. It is not malleable at the
scoundrels. clearly that the birthing of the Federation whims and dictates of political actors
is one founded which with Gods who cynically negate its meaning on
Its retrieval in a constitutional version blessing shall be for ever a sovereign grounds of expediency and power play.
is the object of this introductory essay. democratic and independent State
That far from being scounderalism2, founded upon the principle of liberty Statements by groups of concerned
the constitutional version exemplifies and justice and ever seeking the citizenry lamenting the erosion of
a defence of virtues of honourable welfare and happiness of its people constitutional norms have now elicited
citizenry and may be (with hope) be a (Proclamation of Independence, 31 Aug much support and contestations. This
bulwark against unethical behaviour that 1957). is a sign of health as democracy is
damages the body politic. not just about the ballot box but also
Tunkus vision of peoplehood united what happens within the practices of
Of late there has been an outpouring under one sovereign democratic nation institutions and public discourse.
of voices of groups representing the taking her place amongst the comity of
broken middle of Malaysia who showed nation is a laudable one.7 It is a continuous struggle to remind
they care. ourselves that our political system will
No less when Sabah and Sarawak adhere to the substance and strength of
The institutions of post-Merdeka Malaya became part of the nation in 1963 and the Merdeka cry of a sovereign people.
and 1963 Malaysia have been besieged Malaysia was formed. And that our nations birthing is based
by ambitious political actors. The civil upon principles of liberty and justice9. As
service appears to be hapless against What are the norms and values of Tunku articulated it with the objective of
the sheer use of power that cynically constitutional patriotism? Of late there ever seeking the welfare and happiness
negates the rule of law.3 has been much contestation in the of its people and the maintenance of a
public sphere. The acute problem of just peace among all nations.
These voices go beyond the categories minority identities being subjugated
of ethno-identities that tend to divide by the majority has been accentuated So first of all, we became a nation state
and estrange a nations citizenry. There by problematic construction by judicial composed of equal citizenship and not
are passionate yearnings for a fresh and law enforcement authorities. The pendatangs or merely people from
approach that transcends our communal Executive has often chosen the path diaspora.10 We are not just a pastiche
discourse. Diering solutions are being of ignoring the Constitutional norms of tribal groups, ethnic or religious
proered. But the idea of constitutional that conduce to promoting democratic communities. This nation states
patriotism is worthy to be pursued and governance in its desire to hold power foundational document is the Merdeka
defended. or to deny accountability. Constitution which was reinstated
with the formation of Malaysia. Being
Who then is a constitutional patriot? Race and Religion and competing a foundational text, it operates as
The idea of constitutional patriotism sovereignties are paraded out to trump supreme law which must govern the
designates the idea that political the plain meaning of the text and the aairs, administration of laws and the
attachment ought to centre on the structure of the Constitution. executive, legislative and judicial powers
norms, values and procedures of a of a nation. Its liberal secular nature was
liberal democratic constitution.4 Ocers at government and law emphasised when Sabah and Sarawak
enforcement agencies refuse to subject were admitted into our polity. In all
Jan-Werner Mller has articulated and themselves to the bar of public reason8 the founding documents (the Reid and
defended this concept well. In the and rule of law. Seizures of religious Cobbold Commission and together with
words of a reviewer, Constitutional materials, prohibition of usage of the twenty-point agreement, with the
patriotism finds its distinctive voice terminology declaring the same as being Borneo States) this reassurance was
not in relation to the state and its the monopoly of one community, abuse reiterated.
veneration but in civil society and its of executive discretion in circumscribing
protean capacities for transparency, freedom of expression and movement The Federal Constitution sets out the
engagement, contestation, and self- by suspending The Edge are disturbing parameters of our nations governance

JUL-DEC 2015 | PRAXIS 23

 FEATURES/ARTICLES
and delineates the equilibrium of histories and problematic of identities 4 Jan-Werner Mller, Constitutional
Federal-State power and also minority but cleaving to the aspiration of a Patriotism (2007), Princeton University
rights in relationship of the majority. more inclusivist agenda. We need Press.
Construction has now been placed to set forth to build a constitutional 5 Steven Johnston, Political Theory,
upon the constitution that completely culture centred on Universalist liberal- (December 2008), Vol 6, No 4, pp 827-
828.
defies the logic and grammar of the democratic norms and values, refracted
text extrapolating upon it ideological and interpreted through particular 6 See Benedict Anderson, The Spectre of
Comparisons (1998) (Verso); and Cliord
elements that trump its basic structure. historical experiences.11 Joseph M
Geertz, The Interpretation of Cultures
Fernando has argued that the legitimacy (1973) (Basic Books).
Our Constitution has now been defiled of the constitutional structure from its
7 See also notion of peoplehood defended
and defaced. beginnings is based on civic and not by John Rawls in his Law of Peoples
ethnic nor religious nationalism. Only (1999), Cambridge, Mass: Harvard
The unceremonious termination of the if our patriotism is based on this sound University Press.
Attorney-General on spurious grounds and wise foundation will it continue to 8 The notion of public reason has been
of medical condition (without due be the conscience of the nation. 12 best articulated by John Rawls in his Law
process), the dismantling of the Task of Peoples, ibid; see also Rex Martin and
Force that was investigating the 1MDB Philip Koh Tong Ngee David A Reidy, Rawlss Law of Peoples:
controversies and alleged financial Co-editor, Sheridan & Groves, A Realistic Utopia (Blackwell) (2006).
improprieties, and the neutralising of the The Constitution of Malaysia 9 For a magisterial statement of what
Malaysian Anti-Corruption Commission (5th Edition) (2004) (LexisNexis) liberty and justice can mean in a polity,
see John Rawls, Justice as Fairness:
(MACC) and its ocers are naked A Restatement (2001) (Harvard) which
examples of negation of constitutional Notes
refines Rawls classic work, A Theory of
governance. 1 These distinctions and models of Justice (1971).
nationalism as stated by Anthony D
10 A new phrase being wielded by certain
Will you be a Constitutional Patriot to Smith, National Identity (1991) (Penguin),
groups (eg race-based NGO, Perkasa)
was appropriated with historical finesse
restore the fundamental norms of our in the wake of the Low Yat incident
and care to the Federal Constitution by
polity as a healthy democratic nation where strident polemic of radical ethnic-
Joseph M Fernando, The Making of the
giving recognition of equality to all and religious sentiments was expressed
Malayan Constitution (2002) (MBRAS)
ruling with fairness and equity for all? to provide an irrational apologetic to a
Monograph No 31 Chapter 6.
theft.
2 See the witty but insightful essay of
Will we reject wholly attempts at 11 Jan-Werner Mller at p 136 cited in
being a scoundrel by CS Lewis, The
Christopher J Hilsons Towards a
usurpation of power by the Executive Inner Ring, at http://www.lewissociety.
Thicker Constitutional Patriotism?,
whose concern is the holding on to org/innerring.php.
The Review of Politics, Vol 71, No 1
power and position? 3 See Rais Yatim, Freedom under (winter 2009), pp 159-162. See also
Executive Power in Malaysia: A Patchen Markell, Making Aect Safe
The wider ramifications of Constitutional Study of Executive Supremacy (1995) for Democracy? On Constitutional
(Endowment); the learned author wrote Patriotism, Political Theory, Vol 28, No
patriotism must be teased out to address
this treatise when out of political power. 1 (Feb 2000), pp 38-63.
the legitimacy and constitutional deficit See also Amanda Whiting, Emerging
that now besets Malaysia. It urges 12 See Joseph M Fernando, The Making
from emergency rule? Malaysia Law
of the Malayan Constitution (2002)
loyalty and sense of belonging to all Reform 2011-2013, Australian Journal
(MBRAS) Monograph No 31, concluding
communities, not ignoring shared of Asian Law (2013), Vol 14, No 2, Art
Chapter 7.
9:1-55.

24 PRAXIS | JUL-DEC 2015

 FEATURES/ARTICLES

RakyatGuides

TheRakyatGuides, totalling nine in a series, are produced by the Bar Council Constitutional Law Committee. First launched
in 2009, theRakyatGuidesare aimed at introducing to the public in simple terms, the essence of the Constitution of Malaysia.

The Rakyat Guides simplify the main themes of the Constitution and are written in a non-legalistic style, to enable any
layperson to understand the content of the Constitution.

The content of theRakyatGuidesis drafted carefully and meticulously by a panel of highly-qualified lawyers and academics.

The Rakyat Guides comprise the following:

1. What is the Federal Constitution

2. Constitutional Institutions & the Separation of Powers
3. Federal-State Relations
4. Parliament
5. The Executive
6. The Judiciary
7. Sabah & Sarawak
8. Fundamental Liberties & Citizenship
9. Elections & Democracy

The Rakyat Guides are available in English, Bahasa Malaysia, and most recently, Mandarin. They are sold as a set for RM6.40
(inclusive of 6% GST). You may obtain your copies of the Rakyat Guides from:

Bar Council
No 15 Leboh Pasar Besar
50050 Kuala Lumpur
Tel: 03-2050 2050

You may also download copies of the Rakyat Guides from the Malaysian Bar website, at
http://www.malaysianbar.org.my/. Scroll down to the bottom of the page, and you will see icons of
the Rakyat Guides, in English, Bahasa Malaysia, and Mandarin, at the bottom right-hand side.

JUL-DEC 2015 | PRAXIS 25

 FEATURES/ARTICLES

The Special Position of Sabah and Sarawak in

Our Federal Set-Up

When Malaya re-constituted into and legal factors. Among them are the Kingdom, North Borneo, Sarawak,
Malaysia, Sabah and Sarawak were following: and Singapore had international
constitutionally oered many special participation. Therefore there
terms. The special provisions for Sabah and Sarawaks special is international law basis to the
them were based on a number of position in our federal set-up is not guarantees for Sabah and Sarawak.
historical events, among them the Inter- unique to world federations. To
Governmental Committee Report and accommodate diversity, the State ALLOCATION OF LEGISLATIVE
the Malaysia Agreement. of Kashmir in India and Quebec in POWER
Canada have similar unique rights;
The sanctity of the Inter-Governmental The Legislative List
Committee Report and the Malaysia Sabah and Sarawak have cultural The legislative powers of the federal
Agreement has been reiterated by our and religious distinctiveness from parliament and the State legislative
apex court in Pihak Berkuasa Negeri Peninsular Malaysia; assemblies are specified in five
Sabah v Sugumar Balakrishnan [2002] legislative lists in the Ninth Schedule
3 MLJ 72; Datuk Hj Mohammad Tufail v They contribute huge territories and of the Constitution of Malaysia. Under
Dato Ting Check Sii [2009] 4 MLJ 165; massive resources to the federation. Articles 95B to 95E, there is special
and by the High Court in Robert Linggi Their combined area is 198,069 provision for the States of Sabah and
v Government of Malaysia [2011] 2 MLJ sq km, exceeding Peninsular Sarawak relating to the distribution of
741. Malaysias 131,681 sq km. The legislative power.
coastline of the two States is 2,607
Fifty-two years down the road, the km compared to the peninsulas Sabah and Sarawak have a
conviction remains strong in our East 2,068 km; Supplementary State List and a
Malaysian states that due to their Supplementary Concurrent List
cultural, religious, linguistic and ethnic There are problems of poverty and conferring on them many legislative
diversity, Sabah and Sarawak should underdevelopment in these two powers not allocated to the peninsular
continue to enjoy greater autonomy than states; and states.
the Peninsular Malaysian states. This is
seen as justifiable due to a number of The 1963 pact between the The Supplementary State List for Sabah
socio-political, economic, geographical Federation of Malaya, United and Sarawak confers additional powers

26 PRAXIS | JUL-DEC 2015

 FEATURES/ARTICLES
on these States in seven matters JUDICIAL POWERS
including native law and custom, ports
Parliament
Native Courts
and harbours and, in Sabah, the Sabah
Railway.
may legislate In Sabah and Sarawak, besides the

The Supplementary Concurrent List

on state matters Syariah Courts, there is a system of
native law and native courts.
for Sabah and Sarawak extends the like land and High Court for Sabah and Sarawak
legislative competence of these states
to cover nine matters including shipping local government The federal High Court has two wings
under 15 tonnes, charities and theatres. one in Malaya and the other in the
for the purpose States of Sabah and Sarawak: Courts
of udicature Act 196 (Act 91). The
Uniformity of Laws
Parliament may legislate on state
of promoting appointment of the Chief udge of the
matters like land and local government
for the purpose of promoting uniformity
uniformity of Sabah and Sarawak High Court re uires
consultation with the Chief Minister of
of laws of two or more states: Article laws However, these States: Article 122B( ).
76(1)(b). However, this power of the
federal Parliament is not applicable this power of the REPRESENTATION IN
to Sabah and Sarawak: Article 95D. PARLIAMENT
Land, agriculture, forestry and local federal Parliament
government remain exclusive to Sabah Dewan Negara (Senate)
and Sarawak.
is not applicable The initial safeguard built into the ederal
Constitution of 1957 was that State
International Treaties
to Sabah and Senators outnumbered the federally
Under Article 76(1)(a), Parliament may
make laws with respect to any matter
Sarawak: Article appointed Senators by a margin of 22:16.
This proportion gave some semblance
enumerated in the State List for the 95D. Land, of a restraining safeguard against
constitutional amendments. But with
purpose of implementing any treaty with
a foreign nation, or any decision of an agriculture, subse uent constitutional modi cations
international organisation. If the law in 196 , 196 , 1965, 197 , 197 , 19
aects Islamic law, or the custom of forestry and local and 2 1 which were necessitated due
to the enlargement of the territories
the Malays, or native law and custom in
Sabah and Sarawak, then there is a duty
government remain of the federation, the separation of
to consult with the States concerned:
Article 76(2). But the duty to consult
exclusive to Sabah Singapore and the creation of the
ederal Territories of uala Lumpur,
does not impose a duty to obey. and Sarawak. Labuan and Putra aya,the proportion of
elected Senators to appointed Senators
POWER TO AMEND FEDERAL However, the power of amending the now stands at 26: .
CONSTITUTION Constitution which belongs to the
federal Parliament is not as extensive Dewan Rakyat (House of
The power of amending the Constitution in relation to Sabah and Sarawak as Representatives)
belongs largely to the federal Parliament, it is in relation to the est Malaysian Sabah has 25 Members of Parliament
which can exercise this power sub ect States: Article 161E(2). The consent of (MPs) Sarawak 1. Together, Sabah
to procedures provided in Articles 2(b), the over nors of Sabah and Sarawak is and Sarawak have 56 out of a total
159 and 161E. It is noteworthy that re uired to a constitutional amendment 222 or 25.2 of the MPs in the ewan
except in relation to territorial changes under Article 161E aecting the special Rakyat. This is disproportionately large
to the boundaries of the States under position of these states: Robert Linggi based on their population.
Article 2(b), the est Malaysian States v Government of Malaysia 2 11 2 ML
have absolutely no power to prevent a 7 1. It is notable that the consent of However, it must be noted that this
constitutional amendment from going the over nors, and not the Assemblies, number is lesser than the envisaged
through. is re uired. The overnors are federal for Sabah, Sarawak and Singapore in
appointees and unlikely to side with the 196 in order to accord these States
The Constitution does not re uire States against the federal government protection against amendments
consultation with or consent of the despite a constitutional obligation to re uiring two thirds ma ority.
States in the amendatory process of follow the advice of the Chief Ministers.
Article 1(1) and (2) the articles that PROTECTION AGAINST
describe the name and territories of the ote also that the alteration of the FEDERAL EMERGENCY
ederation. The point was dramatically boundaries of a State re uire the POWERS
illustrated in the case of Government consent of the legislature of the state
of Kelantan v Government of the plus the consent of the Conference of hile a proclamation of emergency is
Federation of Malaya and Tunku Abdul Rulers: Article 2(b). id the Labuan in force, the executive authority of the
Rahman (196 ) ML 55. amendment Act A5 5 of 19 federation may extend to any matter
meet these mandatory procedural within the legislative authority of a
re uirements
JUL-DEC 2015 | PRAXIS 27
 FEATURES/ARTICLES
State: Article 150(4). The federal system permit them . for the natives of Sabah and Sarawak
can operate as a unitary system, and applies throughout Malaysia or has
Parliament can enter the State List. It The federal governments stranglehold limited territorial reach only within Sabah
can amend the State Constitution as over most of the lucrative sources of and Sarawak.
for example the Emergency (Federal revenue is not as strong in relation to
Constitution and Constitution of Sabah and Sarawak as it is in relation IMMIGRATION
Sarawak) Act 1966. to other states. In some areas that are
noted below, Sabah and Sarawak en oy The mobility of non residents to Sabah
It is under emergency provisions that scal privileges that are not available to and Sarawak is restricted: Article
the removal of Dato Stephen Kalong the Peninsular States: 161E(4) and Part II of the Immigration
Ningkan as Chief Minister of Sarawak Act (Act 155). There is also restriction
was accomplished in 1966. Dato Loans on non residents practising before the
Ningkans challenge of the proclamation The Constitution sub ects the est courts of Sabah and Sarawak: Article
of emergency on the ground of mala fide Malaysian states to scal control by 161B. Sabah and Sarawak lawyers
failed in the courts Stephen Kalong the centre in another way. A state is have exclusive right to practise law
Ningkan v Government of Malaysia not allowed to raise or borrow money in their states and in relation to cases
[1968] 2 MLJ 238 except from the federation or a federally originating there.
approved bank: Article 111(2) and (3)
However, even during an emergency and the case of Government of Malaysia ENGLISH AND NATIVE
under Article 150, the native law or v Government of the State of Kelantan LANGUAGES
customs of Sabah and Sarawak cannot (1968) 1 MLJ 129.
be extinguished by emergency law: Sabah and Sarawak en oy special
Article 150(6A). nder Article 112 , Sabah and Sarawak protection in relation to the use of English
are allowed to raise loans for their and native languages, as enshrined in
DEVELOPMENT PLANS purposes with the consent of the Central Article 161.
ank of Malaysia ( ank Negara ).
In relation to national development MALAY RESERVES
plans, Article 92(1) empowers the ang Special Sources of Revenue
di Pertuan Agong to proclaim an area Sabah and Sarawak are allocated There is non application of Malay
of a State as a development area . special revenues to meet their needs eserves to these States: Article 161A(5).
Thereupon Parliament has power to above and beyond what other States
give e ect to the development plan receive: Article 112C(1)(b). DEVELOPMENTS SINCE 1963
notwithstanding State powers on the
matter. nder Article 95E(3), Sabah Sabah and Sarawak are assigned eight Fifty two years down the road, not all
and Sarawak are excluded from sources of revenue not permitted to is well with the (former) or neo states
national plans for land utilisation, local other States. These include import and relationship with the centre. In many
government and development, unless excise duty on petroleum products, areas, Sabah and Sarawaks autonomy
the consent of the ang di Pertua Negeri export duty on timber and forest has su ered retreat due to constitutional
is obtained. produce and, sub ect to a ceiling, export developments. A case in which Sabahs
duty on minerals. Sabah and Sarawak grievances were unsuccessfully sought
NATIONAL COUNCILS are also entitled to earnings (taxes, fees to be articulated is Fung Fon Chen @
and dues) from ports and harbours and Bernard & Anor v The Government of
Policies of the National Land Council state sales tax: Article 112C and Part Malaysia and Anor [2012] 6 MLJ 24.
are not binding on Sabah and Sarawak of Schedule 10.
except with the consent of the ang di Governors and Chief Ministers
Pertua Negeri. Policies of the National Special Grants There is discontent about arisan
Council for Local over nment are Sabah and Sarawak en oysome special Nasionals choice of overnors and
not binding on Sabah and Sarawak grants: Articles 112C(a) and 112D. Chief Ministers.
except with the consent of the State
Assemblies: Article 95E(2). Audits Labuan
There are special rules about audits in Labuans federalisation is a sore point
FISCAL FEDERALISM Sabah and Sarawak: Article 112A. in Sabah. Labuan was ceded to the
federal government in 1984 through an
According to Professor H Hickling, ARTICLE 153: SPECIAL amendment inspired by the then Sabah
money represents power, and is at the POSITION AND PROTECTION government.
heart of government . An e uitable ACCORDED TO THE NATIVES
distribution of nancial resources OF SABAH AND SARAWAK No State Religion in 1963
between the federation and the states At the time of the formation of Malaysia in
is the ultimate test of a true federation. nder Article 153, the natives of Sabah 1963, there was no state religion in these
As Harding says: Finance is obviously and Sarawak en oy a special position two states. The Inter overnmental
crucial to a federal system, since both similar to that of the Malays of Peninsular Committee (1962) had recommended
the federal and state governments are Malaysia. Article 153 is, however, silent that there should be no state religion in
only able to do that which their resources about whether the special protection Sabah and Sarawak.

28 PRAXIS | JUL-DEC 2015

 FEATURES/ARTICLES
No restriction on the propagation of when a native who is also a Muslim is Emergency
religion (which restriction is permitted by subject to court proceedings. The federal declaration of emergency
Article 11(4)) should be enacted except in Sarawak in 1966 and the subsequent
by a two-thirds majority in the State Petroleum dismissal of its Chief Minister Stephen
Assembly. No federal funds should be There is an ongoing debate about how Kalong Ningkan, indicates that state
used for religious purposes in Sabah and much Sabah and Sarawak must receive autonomy is rather frail and cannot
Sarawak, and these two States should for the oil and gas being extracted o its withstand the onslaught of emergency
receive for welfare purposes an amount shores. This question raises engaging powers.
equal to what the federal government issues of constitutional law, federal-
spends in West Malaysia for religious state relations, and of the interpretation Strength in Parliament
purposes. of the Petroleum Development Act With the separation of Singapore and
1974, the Petroleum Mining Act 1966 the creation of several Federal Territories
These principles were incorporated and the Assignment Deed between Kuala Lumpur with 13 MPs, Labuan
into Articles 161C and 161D, but the signatory states and Petronas. with one MP, and Putrajaya with one
were repealed by the Constitution MP the relative strength of Sabah
(Amendement) Act 1976. Islamisation in What is noteworthy is that oil and and Sarawak in the Dewan Rakyat has
Sabah and Sarawak is now a significant oilfields, petroleum products and undergone significant diminution from
phenomenon. Due to an amendment to safety in mines and oilfields are in the 35% in 1963 to 25% in 2014.
the Sabah Constitution by its Assembly, Federal List in Schedule 9, List I, Item
Islam is now the ocial religion of 8(j). Extra-territorial jurisdiction is in Federal Political Interference
Sabah. the Federal List, Item 8(g). This means Interference by federal politicians
that prospecting for oil in the Economic in Sarawaks politics in 1966 and in
Article 153 Zone or the revenue from any oil found Sabahs politics in 1994 led to the
There are many significant criticisms on land or in or outside of territorial replacement of popularly elected local
about the application of Article 153 waters is the exclusive right of the leaders. This underlines the ability of the
to East Malaysia. It is alleged that federal government. federal government to dictate political
the rights of the natives of Sabah and outcomes.
Sarawak are not being enforced in the The States are merely entitled to
same spirit as the rights of the Malays (i) Import duty and excise duty on Illegal Immigrants
under Article 153. petroleum products: Schedule 10, Part The influx of illegal immigrants and the
V, Item 1; and (ii) a maximum of 10 per alleged naturalisation of thousands of
It is a matter of contention whether cent ad valorem of royalty on any mineral them are being regarded as violations
the rights of the natives of Sabah and oils: Schedule 10, Part V, item 3. of Sabah and Sarawaks rights over
Sarawak apply only in their respective immigration.
States or throughout the Federation. In Schedule 9, List II, Item 2, States
There are grumblings that the real are in control of permits and licences Twenty-point Manifesto and 18-point
natives are being displaced by the for prospecting for mines. However, Agreement
new Bumiputeras. oilfields are unlikely to be regarded as In opposition to the Peninsulars views
mines. against special treatment for Sabah
Other misgivings are that the term and Sarawak, some voices from across
native ignores the aborigines of All this means that the state share the South China Sea assert that the
Sabah and Sarawak. Under Article of petroleum income is not well constitutional safeguards of 1963 have
160(2), aborigine is confined to the protected constitutionally. The matter been whittled down. Specifically they
Malay Peninsula. is one of contract under the Petroleum point to violations of the Twenty-point
Development Act 1974, the Petroleum Manifesto of the Sabah Alliance and
The constitutional definition of native of Mining Act 1966 and the Assignment the 18-point Agreement of Sarawak.
Sarawak in Article 161A(7) includes 28 Deed between the signatory states and A scrutiny of Sabahs Twenty-Point
indigenous races and persons of mixed Petronas. Manifesto indicates that 13 out of 20
blood deriving exclusively from these points show complete or substantial
(28) races. This leaves out children Federalisation of Critical State compliance. But there are grouses
of mixed marriages where one parent Matters about the following seven clauses of the
belongs to one of the 28 indigenous Tourism used to be a State matter. manifesto:
races but the other parent does not. By the Constitution (Amendment)
For Sabah, the definition of a native in Act A885, tourism is now a federal Religion (para 1)
Article 161A(6) suers from gender bias matter. Disputes are also brewing over Sabah was supposed to have no
in that it emphasises the domicile of the production, distribution and supply of state religion. During Tun Datu
father and not the mother contrary to water which are covered by the Federal Haji Mustaphas (popularly known
Article 8(2). List Para 11(b) and the federally-enacted as Tun Mustapha) tenure as third
Water Services Industry Act 2006 (Act Chief Minister of Sabah, the Sabah
Native Custom Versus Syariah Law 655). The problem is that subject to the Constitution was amended by the
There is an intense but silent jurisdictional Federal List, water (including rivers and State Assembly to adopt Islam as
conflict between native law and Native canals but excluding water supplies and the state religion and to appoint the
Courts on the one hand, and Syariah services) is in Para 6(c) of the State List. Yang di-Pertuan Agong as the Head
Law and Syariah Courts on the other, of the religion of Islam, in 1973.
JUL-DEC 2015 | PRAXIS 29
 FEATURES/ARTICLES
Language (para 2) Constitutional Amendments CONCLUSION
While Malay was to be the national Article 161E(2)(b) states that no
language, English could be used amendment shall be made to the Federal Malaysias federal model provides for
in Sabah for all purposes, State or Constitution without the concurrence of a heavy central bias. But in relation
Federal, without limitation of time. the Yang di-Pertua Negeri of Sabah and to Sabah and Sarawak, the federal
Sabah amended this to adopt Malay Sarawak, if the amendment is such as to governments powers are not so
as the language of the Cabinet and aect the operation of the Constitution pronounced.
the Assembly subject to some as regards some matters including the
exceptions. constitution and jurisdiction of the High Professor Harry E Groves has
Court in Sabah and Sarawak and the commented that for many significant
Amendments to the Federal appointment, removal and suspension purposes, the federation has the
Constitution touching on Sabah and of judges of that court. appearance of a three-unit entity
Sarawaks rights (paras 3 and 16) Sabah being one, Sarawak the second,
Prior to 24 June 1994, the appointment and the eleven Peninsular states
Immigration of Judicial Commissioners (JCs) to together forming the third unit.
Para 6 on Sabahs rights over the High Court of Sabah and Sarawak
immigration is intact but the influx of was made by the Governors (Yang di- The disparity of powers between the
illegal immigrants and their alleged Pertua Negeri) on the advice of the Chief West Malaysian states on the one hand,
naturalisation has changed the Judge of the High Court of Sabah and and Sabah and Sarawak on the other,
ethnic landscape of Sabah. Sarawak. However, on 24 June 1994, is indeed very striking and one can
the constitutional amendment to Article appreciate it only by bearing in mind
Borneonisation (para 8) 122A(3) and (4) transferred this power the favourable geographical size, wealth
There is strong discontent that from the Yang di-Pertua Negeri to the and the dierent religious and racial
this is not proceeding vigorously Yang di-Pertuan Agong. The right of composition of the peoples of Sabah
enough. the Chief Judge of Sabah and Sarawak and Sarawak.
to advise was transferred to the Prime
Education system under state Minister and the Chief Justice of the espite the constitutional grant to Sabah
control (para 15) Federal Court. and Sarawak of considerable autonomy,
Policies relating to Bahasa some dissatisfactions seem to be boiling
Malaysia and common, nationally- In Robert Linggi v Government of over. This is not surprising as tensions
recognised examinations, while Malaysia, the plainti argued, and between federal and state governments
good for national integration, pose rightly so, that the concurrence of the are common in most federations. For
a challenge to the idea of state Governors of Sabah and Sarawak example, petrol royalty issues have
control over education. was mandated to the insertion of the triggered separatist movements in many
new Article 122AB. The Government federations.
What is noteworthy is that paras 1 and conceded that no consent had been
2 were tinkered with by Sabah itself. obtained, but amazingly argued that no What is important is that tensions
Likewise, the federalisation of Labuan such consent was needed. Rightly, the need to be kept in check and the
by the federal government was with the learned judge gave short shrift to this embers of controversy doused as
consent of the Sabah executive. Clearly, audacious argument and held that the when fires flare. Leaders of the federal
there is some barking up the wrong tree 1994 amendment was invalid as far as government must recognise that Sabah
by angry Sabahans. Sabah and Sarawak were concerned. and Sarawaks restiveness is real and
must be addressed. Balancing the
The Allah Issue Similar issues arise under the Judicial concerns of equity and e ciency in
The Court of Appeals decision on the Appointments Commission Act 2009 inter-governmental financial relations
Allah issue seriously impacts on the (JACA 2009). While the Act is is paramount. And there is a need to
rights of Sabah and Sarawak Christians supportable in its content, its procedure strengthen institutional mechanisms for
to preach and worship their religion in appears contrary to Article 159(3). As a regular, non-partisan dialogue between
Bahasa Malaysia and to use the term surreptitious constitutional amendment, the centre and the states.
Allah in their worship as they have that not only supplements but supplants
done for centuries. the procedures of Article 122AB and There is no reason to believe that the
122B, it required a two-thirds majority. spirit of accommodation that animated
Environment For the reason that JACA 2009 aects the body politic in 1957 and in 1963
This is in the Federal List. But as the appointment process of Sabah- cannot continue for a long, long time.
environment is a generic term involving Sarawak judges and the exercise of the
many specific matters that are clearly in discretion of the Chief Judge of Sabah Professor Emeritus Datuk Dr
state hands (eg land, forests and rivers), and Sarawak, the Act should have been Shad Saleem Faruqi
questions of conflict of jurisdiction are submitted to the Governors of Sabah Professor of Law, Faculty of Law
inherent in this area. The Bakun decision and Sarawak for their consent. One niversiti Teknologi MARA
(Ketua Pengarah Jabatan Alam Sekitar v must note with regret that the Robert
Kajing Tubek [1997] 3 MLJ 23) illustrated Linggi decision has been overruled by
this dramatically. the Court of Appeal.

30 PRAXIS | JUL-DEC 2015

 FEATURES/ARTICLES

Sedition Act An Assault on Freedom of Speech

and Expression

A call for the repeal of the Sedition Act 1948, Walk for Peace and Freedom, 16 Oct 2014

The easiest criticism one can level on books. Again and again, calls are made which has a seditious tendency or to
the Sedition Act 1948 is in the way the to abolish the Act. It appeared at one utter any seditious words. Seditious
Act has been used. One can recall, the point that the Government would finally is defined in the Act as any act, speech,
incredulous charge against a university do so when in 2012, the Prime Minister word, publication or other thing qualifies
lecturer for a comment he made to an himself has stated that the Act will be as one having a seditious tendency.
online news portal. Most will agree that abolished and replaced with a National
the comments are his academic opinion Harmony Act. Two years later, the Prime A seditious tendency meanwhile is
on what is essentially a constitutional Minister reneged on his promise. Instead defined as, amongst others, a tendency
issue, yet for some reason the Public of a repeal, the Act was strengthened to bring into hatred or contempt or to
Prosecutor proered a charge of and made more draconian. excite disaection against any Ruler or
sedition against him. to excite the subjects of any Ruler or the
The oence of sedition originated in inhabitants of any territory governed by
Compare that with a politician, who England some time in the 17th century. any Government to attempt to procure in
some years ago made a call to According to Jeyaseelan Anthony in the territory of the Ruler or Government,
adherents of a particular faith to search his book Seditious Tendency?: Political the unlawful alteration of any matter
and burn the holy book of another faith. Patronisation of Free Speech and established by law.
But for some reason, the said politician Expression in Malaysia, sedition was
was not charged. Instead, the Public born in a time when the absolute right A seditious tendency can also be
Prosecutor gave a statement to justify of the Ruler was divine and cannot a tendency to bring into hatred or
why the politician was not charged. be criticised or questioned, let alone contempt or to excite disaection
Reasons given were, amongst others, opposed. Criticisms and opposition against the administration of justice or to
that what the politician said was not a towards the Ruler was a sin and thus raise discontent or disaection amongst
statement with seditious tendency as must be punished. the subjects of the Yang di-Pertuan
he had no intention to create religious Agong or of the Ruler of any State or
disharmony. Our Act is a colonial vestige. It was amongst the inhabitants of Malaysia.
enacted before the Federation of Malaya
Selective prosecution is but one issue achieved independence and it was A seditious tendency can also be a
with the Act. There are other more largely used by the British to deal with tendency to promote feelings of ill will
fundamental issues with the Act that militant communists insurgents at the and hostility between dierent races or
necessitates its repeal. time. classes of the population of Malaysia
and to question certain constitutional
The Sedition Act 1948 must be one of The Act criminalises sedition by provisions such as Articles 152 and 153
the most maligned laws in our statute making it an oence to do anything of the Federal Constitution.

JUL-DEC 2015 | PRAXIS 31

 FEATURES/ARTICLES
Clearly, the list of what can constitute The amendments also introduce a For seditious publication by way of
seditious tendency is wide. Almost new oence an aggravated oence electronic means, a prohibition order
anything can and would have a seditious where the seditious act causes bodily shall require the person making or
tendency by the Acts definition. Any injury or damage to property. The circulating the seditious publication to
criticism of the Government would sentence upon conviction is a minimum remove the said publication. The person
be seditious. Any comment made of three years, and maximum 20 years, making or circulating the seditious
can raise ill will and hostility within the imprisonment. publication will also be prohibited from
population. What is said or done may accessing any electronic device. So,
even be justified, yet would still fall foul The amendments also insert a new if a person tweets something deemed
of the Act. seditious tendency of promoting to be seditious and a prohibition order
feelings of ill will, hostility and hatred is issued against the person, he will be
Earlier this year, the Parliament passed between persons or groups of persons prohibited from using a smartphone,
several amendments to the Act. At the on the ground of religion. The words tablet, desktop and any other electronic
time of writing, the amendment bill has used mirror sections 298 and 298A of device. Failure to comply is in itself a
been gazetted, but is not yet in force. the Penal Code; the oences of uttering criminal oence.
words and others with deliberate intent
Under the amendments, criticisms of to wound the religious feelings of any It is also now an oence to propagate
any Government or of the administration person and causing disharmony, disunity, seditious publication. Propagation
of justice are no longer seditious enmity, hatred or ill will on grounds of is not defined in the bill; the ordinary
tendencies. But that is of little comfort religion. The crucial dierence is that meaning of the word would be to
to any of us, as the other listed seditious unlike the Penal Code oences, the reproduce, disseminate or spread the
tendencies are wide enough to cover element of intention need not be proven, publication.
almost anything that is said or done. as long as it can be shown that there is
the requisite seditious tendency. There are other worrying aspects of
The amendments have taken away the amendments which shall not be
judicial discretion in sentencing. The The amendments also empower the delved into here. Suce to say, the
Court no longer has the option to Sessions Court to make what is known State will have in its arsenal, tools to
impose fines upon conviction of a as a prohibition order for publication severely restrict freedom of speech
sedition oence. Instead, there is now which is likely to lead to bodily injury and expression. If the Act is bad in
an imprisonment sentence of three or damage to property; appears to its present form, the amendments will
years. The maximum sentence will be promote feelings of ill will, hostility or make it much worse.
increased to up to seven years. hatred between races or classes of
persons; or appears to promote feeling If a person is charged for sedition,
There is absolutely no justification for of ill will, hostility or hatred between the prosecution does not even have
this. For an Act as wide as the Sedition people on grounds of religion. to prove that the words uttered or the
Act 1948, with no element of intention act done is actually seditious. All that
that must be proven, as well as the Unlike many other provisions of the needs to be established is a tendency to
disproportionately high conviction amendments, it appears that the be seditious. Even the intention of the
rate, judicial discretion in sentencing Sessions Court does have some accused is irrelevant, as long as the act
may at least cushion some of the more discretion in granting the order. done or words uttered have a seditious
draconian aspects of the law. It may be However, the threshold will be low as tendency, it would be enough to fulfil the
dicult for the Court to acquit a person the bill uses words such as likely or elements of the oence and to establish
as the Act casts a wide net on what is appears. the guilt of the accused.
deemed to be seditious, but at the very
least the Court has options when it
comes to sentencing. The amendments
have taken away that option.

The amendments also empower the

Court to prevent a person who is
charged with a sedition oence from
leaving Malaysia. It provides that if
an application is made by the Public
Prosecutor, the Court shall order the
person to surrender his travel documents
such as his or her passport or order the
Director General of Immigration not to
issue any travel documents to the said
person. The keyword here is shall,
which suggests that the Court has no
discretion on the granting of such an
This articles writer, Syahredzan Johan speaking during the Walk for Peace and Freedom, 16
order once an application is made.
Oct 2014

32 PRAXIS | JUL-DEC 2015

 FEATURES/ARTICLES
With such a wide definition and such an This restriction on free speech does We should be freed from such archaic
easy oence to establish guilt in Court, not uphold the spirit of democracy laws laws promulgated by our colonial
it is no wonder that the Act has been which forms the basis of our countrys masters that no longer can stand the test
used to stifle political opposition and constitutional framework. Freedom of of time. Even the British have discarded
dissidents. speech and expression is protected the law long ago; the last documented
by the Federal Constitution, and the prosecution for sedition in the United
When the police cannot find an oence interpretation of the law as it currently Kingdom was in 1972. It is time for us
in other Acts of Parliament to investigate stands is that any form of restriction to follow suit.
a person, they will fall back on the Act. placed by the State on fundamental
That is why for example, we see the Act liberties must be reasonable. The Syahredzan Johan
being used against those who allegedly criminalisation of those matters listed Partner
insult the Rulers, in the absence of as seditious tendency in the Act RamRais & Partners
lse-majest laws specifically for that should not measure up to the standard
purpose. of reasonableness when it comes to
restricting fundamental liberties. The
The imprecise nature of what constitutes Act severely encroaches upon the public
seditious tendency, and the width of the enjoyment and exercise of fundamental
provisions resulted in the Act being used civil liberties and has no place in our
to harass, intimidate and detain citizens. maturing and modern society.

The #MansuhAktaHasutan Campaign What is it?

The #MansuhAktaHasutan campaign is a nationwide campaign by the Bar Council spearheaded by the National Young
Lawyers Committee. The campaign is pursuant to the position of the Malaysian Bar as expressed through the Malaysian Bar
resolution dated 19 Sept 2015.

The campaign seeks the following through this campaign:

To repeal the Sedition Act 1948;

To call for the Attorney General to withdraw all pending charges, cases and appeals, and to concede to all pending
appeals, under the Sedition Act 1948 in the courts of Malaysia;
To call for the Malaysian Government to impose a moratorium on the use of the Sedition Act 1948 pending its repeal; and
To call for the police to cease all investigations pursuant to the Sedition Act 1948.

The Rakyat Guides #1 What is the Federal Constitution?

The Federal Constitution (Constitution) is the supreme law of Malaysia. It is the most important document of our country
because it determines the kind of country we live in:

It sets up our democratic system;

It limits the power of government; and
It sets out our rights.

The Constitution consists of 16 parts:

Part 1: The States, Religion and Law of the Federation

Part 2: Fundamental Liberties
Part 3: Citizenship
Part 4: The Federation
Part 5: The States
Part 6: Relations between the Federation and the States
Part 7: Financial Provisions
Part 8: Elections
Part 9: The Judiciary
Part 10: The Public Service
Part 11: Special Powers Against Subversion, Organised Violence, and Acts and Crimes Prejudicial to the Public and
Emergency Powers
Part 12: General and Miscellaneous
Part 12A: Additional Protections for States of Sabah and Sarawak
Part 13: Temporary and Transitional Provisions
Part 14: Saving for Rulers Sovereignty, etc
Part 15: Proceedings against the Yang di-Pertuan Agong and the Rulers

JUL-DEC 2015 | PRAXIS 33

 FEATURES/ARTICLES

The Transboundary Haze Crisis in Malaysia:

A Clear Transgression of International
Environmental Law
Malaysia is in the middle of an Lumpur during the World Conference on such policy among plantation owners
environmental haze crisis for weeks. Land and Forest Fire Hazards. It came and timber concessionaires. However,
The air quality no less has deteriorated into force on 25 November 2003, sixty there was no regional enforcement
to such an extent that it is unhealthy days after the deposit by Thailand of the mechanism and RHAP was not binding
to venture outdoors. The word crisis 6th instrument of ratification by Thailand on ASEAN states.
is deliberately used to show that if with the Secretary-General of ASEAN.
this perennial problem is not handled But strange to say it took another eleven Hence, the THPA was proposed in 2001
properly it may spiral out of control to years for the tenth and final ASEAN with the goal of having a full-fledged
become an environmental catastrophe. member, Indonesia, to ratify the THPA treaty with binding obligations to solve
The haze by the way is only an individual on 20 January 2015. the transboundary haze issue.
environmental issue, discounting all
other sources of pollution such as those That being the case, it does not mean Some Important Features of the
emitted daily from industries, private that nothing was done about the haze THPA
and commercial vehicles, that most of problem over the years before the THPA.
us have to put up with daily. In fact a lot has been done; the only Is the THPA consistent with the no
question remaining is whether those harm principle under International
The haze is not peculiar to the South eorts were sucient or eective. It Environmental Law? This principle
East Asian nations alone as Japan started in 1985 where ASEAN began was articulated in clear terms in
experiences wind-blown haze from to acknowledge the haze problem the famous Trail Smelter Case 1941
the factories in mainland China, and by adopting the Agreement on the following complaints from the residents
even Hong Kong encounters haze from Conservation of Nature and Natural of the State of Washington of sulphur
industrial activity in the nearby Shenzhen Resources, which included a reference dioxide emissions from a smelter in
region. But that is no reason to be smug. to air pollution and transfrontier Trail, British Columbia. The arbitral
The haze that we experience here in environmental eects. This was tribunal enunciated the principle that
the ASEAN region, though dierent in followed the Kuala Lumpur Accord no state has a right to permit the use
particulate matter, is aecting the health on Environment and Development of its territory in such a manner as to
of over one hundred million people 1990 and the Singapore Resolution on cause injury by fumes to the territory of
almost perennially and is substantially Environment and Development 1992, another. The THPA addresses crucial
damaging the environment. both making references to transfrontier issues of monitoring and prevention that
pollution. Then ASEAN member states relate to haze pollution through Article 7
The Regional and International adopted the Cooperation Plan on and 9 respectively. These Articles use of
Dimensions of the Haze Problem Transboundary Pollution in 1995, as a the word shall reflect a commitment to
result of which a Haze Technical Task the no harm principle, and that sounds
The haze originates from Indonesia. Force (HTTF) was set up to put into encouraging.
It is due to open burning of forests operation the measures included in the
and peat-land. Open burning can be cooperation plan, one of which was the Article 3 Para 1 states: The Parties
controlled through deployment of water activation of an alert system. have, in accordance with the Charter of
bombers whereas peat-land fires are the United Nations and the principles
more dicult to control as these fires In 1997, the haze in ASEAN was edging of international law, the sovereign
are subterranean in nature. As the haze to catastrophic proportions. The right to exploit their own resources
is carried by the seasonal monsoon ASEAN Ministerial Meeting on Haze was pursuant to their own environmental
winds, the haze problem assumes both established the same year to give haze and developmental policies, and the
regional and international dimensions. a special importance in the organisation. responsibility to ensure that activities
Here is where domestic environmental The Meeting formulated the Regional within their jurisdiction or control do
laws are limited in their capacity to deal Haze Action Plan (RHAP) whose not cause damage to the environment
with the problem. We need some kind primary objectives includes inter alia, and harm to human health of other
of regional environmental mechanism establishing operational mechanisms States or of areas beyond the limits of
in place and this brings into focus the to monitor land and forest fires, and national jurisdiction. The wording is
ASEAN Transboundary Haze Pollution strengthening of regional monitoring a reflection of the core environmental
Agreement (THPA). mechanisms. In 1998, the ASEAN law principle under Principle 21 of the
Summit issued the Hanoi Plan of Action 1972 Stockholm Declaration of the
The ASEAN Transboundary Haze which called for the full implementation United Nation Conference on Human
Pollution Agreement (THPA) of the RHAP by 2001, and in 1999, Environment. States therefore are not
ASEAN adopted a zero-burning free to act on their territory but bear
The THPA was signed by all ASEAN policy, following which dialogues and responsibility to ensure that activities
member states on 10 June 2002 in Kuala workshops were convened to promote within their jurisdiction do not cause
34 PRAXIS | JUL-DEC 2015
 FEATURES/ARTICLES
damage to the environment and harm to The Root Cause of Failure of the expertise. Indonesia reacted by stating
human health of other states. THPA the move as tantamount to interference
in the domestic aair and sovereignty
Article 5 of the THPA provides for an Many reasons can be given as to why the of Indonesia. Singapore however
ASEAN Centre whose purpose is to THPA fails and the list seems to be long. contended that there was intrusion in its
facilitate cooperation and coordination We need not go into that. It is sucient domestic environment and pointed to the
among the Parties in managing the and relevant to identify the root cause Article 2 of the ASEAN Transboundary
impact of land and/or forest fires in that presents a major stumbling block Haze Pollution Agreement (THPA)
particular haze pollution arising from for a regional treaty so painstakingly which mentions that transboundary
such fires. However, the ASEAN written, to be eective and it is this. haze pollution should be prevented and
Centre shall work on the basis that the monitored by domestic eort as well as
national authority will act first to put out There is the ASEAN way of doing things international cooperation.
the fires. When the national authority when it comes to regional aairs. This
declares an emergency situation, it may ASEAN way is normally prescribed in Can We Rely on ASEAN and the
make a request to the ASEAN Centre the various ASEAN treaties including the Governments to Solve the Haze
to provide assistance. So the ASEAN 1967 Bangkok Declaration. It means a Pollution Problem for Us?
Centre cannot act on its own accord if a set of norms to search for consensus, the
member state chooses to act unilaterally principle of non-interference in internal Not totally. Besides, to be realistic,
though the Centre can be an eective aairs of a member state. It also means an individual environmental issue like
tool if assistance is requested. politeness and non-confrontational the haze cannot and should not be
attitudes and approaches, behind- treated in isolation. It fits into the larger
Apart from the ASEAN Centre, request doors discussions, and informal and context of Climate Change and Goals
and oer of assistance may not be a non-legalistic procedures. Hence it is of Sustainable Development, and that
smooth process in view of the wording not surprising that no formal sense of context is already indicating a very
of Article 12 (2) which states that urgency is felt at least at the regional frightening picture. The problem is
Assistance can only be employed at level. too important to be left to ASEAN and
the request of and with the consent of the respective governments alone. In
the requesting Party, or, when oered To elucidate the point further, diplomatic the final analysis, we are the ones who
by another Party or Parties, with the tension occurred in 2006 when are breathing in the haze. We have
consent of the receiving Party. It means Singapore raised the haze issue at the to take action ourselves too in terms
that assistance can be refused even if a General Assembly of the United Nations, of awareness campaigns, public or
member states choose to oer. calling for international support and strategic interest litigation, education,
name-and-shame campaigns, peaceful
The Failure of the THPA in
Addressing Haze Pollution
The people protests and assemblies and refrain
from unethical purchases until the whole

In the last haze crisis of 1997,

of this region idea of environmental protection sinks
in. The people of this region have a right
unprecedented damage for the region to environmental justice for themselves
was estimated at USD 9 billion. The
have a right to and posterity, and to be protected from
losses arose from the destruction of those who are incrementally destroying
crops, land and decline in tourism and environmental the world. At one point in the Riau
foreign investment not to mention loss province of Indonesia this year, it was
of biodiversity, reduced photosynthesis justice for reported that the Air Pollutant Index
and impairment in the state of health of (API) hit 1,000 points. That is more
hundreds of millions of people. How themselves and than three times the hazardous level of
much damage this region will sustain 300 points. Who will choke to death
this time around is left to be seen. posterity, and first?

Judging from the present crisis, the

THPA has failed to respond swiftly.
to be protected This article is the personal opinion of
the writer and does not necessarily
Though the THPA refers to fundamental represent the views of the Bar Council.
principles of international environmental from those who
law such as the no harm rule and
the precautionary principle, no swift are incrementally Roger Chan Weng Keng
concerted regional action seems to Chairperson
have been taken under the THPA. On destroying the Bar Council Environment and
the other hand, a case can be made Climate Change Committee
out against Indonesia (the source
state) in transgression of international
world. Who
environmental law. Yet again, no action,
and why is that so? one may ask. We
will choke to
only have to examine the root cause.
death first?
JUL-DEC 2015 | PRAXIS 35
 FEATURES/ARTICLES

The Malaysian Environmental Court: The Need to

Extend its Reach to Civil Liability
A Working Definition The Establishment of the uniformity of environmental cases
Malaysian Environmental Court are laudable, it must be remembered
An environmental court is a specialised that it is only of limited application
court dealing with all issues relating to The Malaysian Environmental Court as environmental civil cases are
the environment, and could cover many (MEC) was therefore established on still within the civil courts exclusive
dimensions. The details and functionality 3 Sept 2012 vide the Chief Registrars domain. Properly considered, these are
of such a court vary from jurisdiction Practice Direction No 3 of 2012. grounds that the MEC or an exclusive
to jurisdiction, though dealing with the The MEC is based on the existing environmental High Court should cover.
same subject matter. For example, an environmental legislative framework
environmental court could envisage both covering all aspects of land, air and However, the important question to ask
judicial and scientific experts on the water. (Please see sidebar for the at this stage is whether the objectives
Bench so that the court is vested with existing environmental framework). of the MEC reflect the standards as set
the discretion to make the best choices out under international and domestic
based on existing scientific knowledge The Objectives of the MEC environmental law and policy as
that is presented to it. Such expertise enunciated under the Rio Declaration
could be in the field of ecology, hydrology, 1992. This declaration is an important
The objectives of MEC are:
geotechnical science, environment milestone in the development of
biology, forest hydrology and the international environmental law, and
1. To expand and improve access to
ecosystem. This is due to the fact that by using this internationally accepted
environmental justice.
in some environmental cases, complexity benchmark, one can somehow gauge
2. To provide an expeditious disposal
and uncertainty can underpin two or the ecacy of the MEC to address
of environmental related cases.
more sets of scientific evidence. Such complex problems of environmental
3. To harness expertise relevant to the
a specialised court can also be known protection. However, this is in no way to
specialised field.
and referred to as a Green Court or a suggest that the MEC is not important.
4. To monitor environmental cases
National Green Tribunal or by whatever The other reason to use this benchmark
closely and to ensure that
name that connotes a nexus with the is because Malaysia is a party to the
environmental cases are not taken
environment. Malaysia is no dierent in declaration. Many principles there
lightly.
this regard, and has what is called the set out the benchmark that are now
5. To ensure uniformity of decision-
Malaysian Environmental Court. widely established in law and court
making in environmental cases.
6. To increase public participation and practice such as the precautionary
The Prelude to the Malaysian confidence. principle, polluter pays principle, inter-
Environmental Court generational equity and sustainable
development. However, it is proposed
The MEC is Functional Only at to evaluate the ecacy of the MEC by
On 14 Jan 2012, the Chief Justice, in the Sessions and Magistrates
his speech at the Opening of the Legal taking into consideration Principle 10 of
Year 2012, invited the attention of his
Court Level the Rio Declaration 1992 as this principle
audience to a glaring disproportionality has three pillars of right to relevant
in sentencing between the case of a man The structure of the MEC involves the information, grassroots participation,
found in illegal possession of a dead tiger assignment of environmental cases to and access to judicial remedies.
and walked out a free man after having the designated courts at the Sessions
paid a fine of RM7,000 as compared to Courts and the Magistrates Courts Principle 10 states:
the case of a man who was convicted level (42 Sessions Courts and 53
of theft of 11 cans of Tiger Beer and Magistrates Courts). It also Involves 38 Environmental issues are best
Guinness Stout worth RM70, and was Acts and Ordinances, 17 Regulations, handled with participation of all
subsequently sentenced to five years Rules and Orders. Environmental concerned citizens, at the relevant
imprisonment. This statement tells of the cases are being given priority under this level. At the national level, each
misplacement of our values that seem structure, and special codes are given individual shall have appropriate
to make light of the importance of the access to information concerning
for certain oences registered in the
environment. With respect, perhaps the the environment that is held
respective courts. Speedy disposal of
Chief Justice left something out of the by public authorities, including
environmental cases is also an important information on hazardous materials
story. There are cases in the Malaysian feature, ranging to three months or six
environment that reflect something even and activities in their communities,
months depending on whether it is in and the opportunity to participate in
worse than killing. Massive clearing of the Sessions or Magistrates Court, and
lands and deforestation, for instance, decision-making processes. States
also whether the jurisdiction concerned shall facilitate and encourage public
have threatened endangered species
is in Peninsular Malaysia or Sabah and awareness and participation by
driving them almost to extinction, and
have caused destruction of ecosystems. Sarawak. Any appeal will lie in the High making information widely available.
Little do the perpetrators realise that Court. Eective access to judicial and
they are also destroying themselves in administrative proceedings,
that intricate web of relationships that is Will the MEC Solve Our including redress and remedy, shall
Mother Nature. It therefore came as no Environmental Problems? be provided.
surprise that plans were made to set up an
environmental court in Malaysia. Though objectives 2 to 5 regarding Objectives 1 and 6 of the MEC seem to
disposal, expertise, monitoring and accord with the provisions of Principle
36 PRAXIS | JUL-DEC 2015
 FEATURES/ARTICLES
10 in terms of access to justice and environmental oences, they are vested a specialised environmental High Court
public participation. However on solely with the Attorney General. would be a useful proposal to consider.
closer examination, the issue of public In this regard, it is time to review of
participation and ambit of peoples The Way Forward our environmental laws with a view to
access to environmental justice in extend the reach of the MEC to include
Malaysia could face practical problems. It can be argued simply that it is in the civil liability. Such review could include
For one, the MEC is solely a court for realm of environmental civil cases where possible law reforms to incorporate a
environmental cases of a criminal the maximum adverse impact can be specialised environmental High Court to
nature. Therefore, environmental cases done to the environment. Massive hear all environmental cases exclusively
of a civil nature cannot find their way to land development for mega projects and to bolster the structure of the MEC.
the MEC. Litigants will have to access such as dams, housing developments,
the civil courts and face the hurdle of plantations and logging need closer Roger Chan Weng Keng
locus standi before being able to have scrutiny because of the scale of its Chairperson
their cases heard on the merits. As potential to wreak damage, and it is here Bar Council Environment and
for prosecutorial powers in respect of that easier citizens access to the MEC or Climate Change Committee

The MEC is based on the existing environmental legislative framework, which can suciently, though not exhaustively, be
represented as follows:

Existing Environmental Framework

1. Environmental Quality Act 1974 (Act 127)
i. Environmental Quality (Licensing) Regulations 1977 [P.U. (A) 198/77]
ii. Environmental Quality (Prescribed Premises) (Crude Palm Oil) Order 1977 [P.U. (A) 199/77]
iii. Environmental Quality (Prescribed Premises) (Crude Palm Oil) Regulations 1977 [P.U. (A) 324/77]
iv. Environmental Quality (Prescribed Premises) (Raw Natural Rubber) Order 1978 [P.U. (A) 250/78]
v. Environmental Quality (Clean Air) Regulations 1978 [P.U. (A) 280/78]
vi. Environmental Quality (Compounding of Oences) Rules 1978 [P.U. Environmental Quality (Prescribed Premises)
(Raw Natural Rubber) Order 1978 [P.U. (A) 250/78] (A) 281/78]
vii. Environmental Quality (Prescribed Premises) (Raw Natural Rubber) Regulations 1978 [P.U. (A) 338/78]
viii. Environmental Quality (Sewage and Industrial Euents) Regulations 1979 [P.U. (A) 12/79]
ix. Environmental Quality (Control of Lead Concentration in Motor Gasoline) Regulations 1985 [P.U. (A) 296/85]
x. Environmental Quality (Motor Vehicle Noise) Regulations 1987 [P.U. (A) 244/87]
xi. Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987 [P.U. (A) 362/87]
xii. Environment Quality (Schedule Wastes) Regulations 1989 [P.U. (A) 139/89]
xiii. Environmental Quality (Prescribed Premises) (Schedule Wastes Treatment and Disposal Facilities) Regulations
1989 [P.U. (A) 141/89]
xiv. Environmental Quality (Prescribed Premises) (Schedule Wastes Treatment and Disposal Facilities) Order 1989 [P.U.
(A) 140/89]
xv. Environmental Quality (Prescribed Premises) (Delegation of Power on Marine Pollution Control) Order 1993 [P.U.
(A) 276/93]
xvi. Environmental Quality (Prohibition on the Use of Chlorofluorocarbons and other Gases as Propellants and Blowing
Agents) order 1993 [P.U. (A) 434/93]
xvii. Environmental Quality (Delegation of Power on Marine Pollution Control) order 1994 [P.U. (A) 537/94]
xviii. Environmental Quality (Prohibition on the Use of Controlled Substances in Soap, Synthetic Detergent and Other
Cleaning Agents) Order 1995 [P.U. (A) 115/95]
xix. Environmental Quality (Control of Emission from Diesel Engines) Regulations 1996 [P.U. (A) 429/96]
xx. Environmental Quality (Control of Emission from Petrol Engines) Regulations 1996 [P.U. (A) 543/96]
xxi. Environmental Quality (Refrigerant Management) Regulations 1999 [P.U. (A) 451/99]
xxii. Environmental Quality (Halon Management) Regulations 1999 [P.U. (A) 452/99]
xxiii. Environmental Quality (Delegation of Power) Order 1999 [P.U. (A) 501/99]
xxiv. Environmental Quality (Prescribed Activities) (Open Burning) Order 2000 [P.U. (A) 308/2000]
xxv. Environmental Quality (Clean Air) (Amendment) Regulations 2000 [P.U. (A) 309/2000]
xxvi. Environmental Quality (Compounding of Oences) (Open Burning) Rules 2000 [P.U. (A) 310/2000]
xxvii. Environmental Quality (Delegation of Power) (Investigation of Open Burning) order 2000 [P.U. (A) 311/2000]
xxviii. Environmental Quality (Sewage and Industrial Euents) (Amendments) Regulations 2000 [P.U. (A) 398/2000]
xxix. Environmental Quality (Control of Emission from Diesel Engines) (Amendments) Rules 2000 [P.U. (A) 488/2000]
xxx. Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) (Amendment) Order 2000 [P.U.
(A) 489/2000]
xxxi. Environmental Quality (Delegation of Power) (Halon Management) Order 2000 [P.U. (A) 490/2000]
xxxii. Environmental Quality (Delegation of Power) (Perbadanan Putrajaya) Order 2000 [P.U. (A) 233/2000]
xxxiii. Environmental Quality (Appeal Board) Regulations 2003
xxxiv. Environmental Quality (Declared Activities) (Open Burning) Order 2003

JUL-DEC 2015 | PRAXIS 37

 FEATURES/ARTICLES

xxxv. Environmental Quality (Dioxon and Furan) Regulations 2004 [P.U. (A) 104/2004]
xxxvi. Environmental Quality (Prescribed Conveyance) (Schedule Waste) Order 2005 [P.U. (A)293/2005]

2. Atomic Energy Licensing Act

3. Biosafety Act 2007
4. Drainage Works Act 1954
5. Fisheries Act 1985
6. International Trade in Endangered Species Act 2008
7. Irrigation Areas Act 1953
8. Land Conservation Act 1960
9. Local Government Act 1979
10. Merchant Shipping (Oil Pollution) Act 1994
11. National Forestry Act 1984
12. National Park Act 1980
13. Parks Enactment 1984
14. Plant Quarantine Act 1976
15. Pearl Oyster Shell Fishery Ordinance (Sabah Ordinance)
16. Pesticides Act 1974
17. Protection of Wildlife Act 1972
18. Radioactive Substance Act 1968
19. Sewerage Services Act 1993
20. Street, Drainage and Building Act 1974
21. Town and Country Planning Act 1974
22. Water Enactment 1920 (Revised) Act 1979
23. Water Services Industries Act 2006
24. Wildlife Conservation Act 2010
25. Sabah Animal Ordinance 1962
26. Sabah Biodiversity Enactment 2000
27. Sabah Drainage and Irrigation Ordinance 1956
28. Sabah Environment Protection Enactment 2002
29. Sabah Forest Enactment 1968
30. Sabah Mining Ordinance 1960
31. Sabah Wildlife Conservation Enactment 1997
32. Sarawak Biodiversity Centre Ordinance 1997
33. Sarawak Forest Ordinance 1954
34. Sarawak Natural Resources and Environment (Amendment) Ordinance 2001

Environment and Climate Change Committee

Chairperson: Roger Chan Weng Keng
Ocer-in-Charge: Shegi Nair

The Environment and Climate Change Committee (ECCC) was formed to address issues in respect of environmental
rights and protection in general.

The mainstreams that characterise the work of ECCC, can be broadly identified as those that relate to the following:

(1) Environmental rights explicitly as governed by Malaysian environmental laws under framework legislation; and
(2) Already existing rights in relation to the environment, eg rights to life and health, the protection of which are found in
global human rights treaties such as the International Covenant on Economic, Social and Cultural Rights; and sources
other than human rights instruments, such as Principle 10 of the 1992 Rio Declaration on Environment and Development.

The ECCC focuses on a myriad of issues at local, regional and international levels, such as the controversy involving alleged
radioactive waste disposal from the Lynas plant in Kuantan; the issue of massive deforestation in Gua Musang and Lesong,
in Kelantan and Pahang, respectively; the Trans-Pacific Partnership Agreement (TPPA); and the haze and our right to
better air quality.

The ECCC also engages with stakeholders on the eectiveness of regulatory and legal framework matters in addressing
environmental issues aecting all segments of society.

38 PRAXIS | JUL-DEC 2015

 FEATURES/ARTICLES

The Role of the Malaysian Bar in Environmental

Law
The Purpose of the Existence of swing in the 1990s with the enunciation made to Practice Direction of the Chief
the Malaysian Bar of the Rio Declaration in 1992. Today, Registrar of the Federal Court (No 3 of
a huge amount of literature on this has 2012): Establishment of Environmental
The answer to that question is spelt out proliferated and the momentum is still Court (Arahan Amalan Ketua Pendaftar
in section 42 of the Legal Profession Act taking hold. Mahkamah Persekutuan Bil 3 Tahun
1976 (LPA) and the key word seems to 2012: Penubuhan Mahkamah Alam
be cause of justice. Environmental rights have a peculiarity Sekitar) dated 27 August 2012.
because many a time it does not
Section 42(1)(a) of the LPA says that the recognise territorial boundaries. The nature of environmental rights can
purpose of the Malaysian Bar shall be Therefore, they are organised spatially also be argued as being protected by
to uphold the cause of justice without into their local, regional and international Article 5(1) of the Federal Constitution
regard to its own interest or that of dimensions. So it can all at once be in which says No person shall be deprived
its members, uninfluenced by fear or the same spatial dimension or bear that of his life or personal liberty save in
favour. distinction depending on a particular accordance with law. In the case of Tan
environmental context. For example, Teck Seng v Suruhanjaya Perkhidmatan
Section 42(1)(g) of the LPA further points climate change laws can assume the Pendidikan [1996] 1 MLJ 261, the Court
out that one other purpose is to protect form of national legislative framework, of Appeal says:
and assist the public in all matters regional environmental instrument, or a
touching ancillary or incidental to the United Nation Framework Convention The expression life appearing
law. on Climate Change (UNFCCC) all at in Article 5 does not refer to mere
once, or bear that same distinction. existence. It incorporates all those
Arguably cause of justice includes rule facets that are an integral part of life
of law, right to life, liberty and even But How are Environmental and those matters that go to form
environmental justice. And the term Rights Engaged by Lawyers? the quality of life itself. Of these are
law must include environmental law the rights to seek and be engaged in
which is the determinant of our survival There are a number of tools or models lawful and gainful employment and
in a world of finite resources. Imagine that can be employed and this article to receive those benefits that our
that we managed to solve all problems will discuss some of the important ones society has to oer to its members.
related to civil liberties, but commit only. It includes the right to live in
massive environmental degradation reasonably healthy and pollution
to the land, air and water; it would be The use of these tools may depend on free environment.
like having solved one problem without the issues ranging from components
solving another. Besides, there is of land and air, to water, all of which These dynamics of environmental rights
always another stakeholder organised have been cropping up relentlessly over which are based on the framework
around environmental rights: Mother recent years. The issues invariably fall legislative tool can be seen in motion
Earth. She must not be abandoned. into a list that includes radioactive waste almost every day both inside and
Her rights are slowly being whittled disposal, massive deforestation, illegal outside our courts, where environmental
away and it is argued that just as every logging, endangered species, climate lawyers play their role.
self-respecting, sentient, Malaysian change, solid waste management,
lawyer has a duty to salvage and restore bio-diversity, displacement of people The broad view is that environmental
whatever is left today of Malaysian due to flood disasters, constructions activism is covered too in this approach,
liberty, he or she plays the same role in of highways, building of dams, land and there is no short supply since the
respect of environmental rights. clearing and hill slope development, days of alleged radioactive poisoning
pollution of lakes, rivers and waterways, in Bukit Merah and the Bakun Dam
The Nature of Environmental haze and poor air quality. environmental fiasco. But one
Rights interesting feature of this development
The Legislative Framework Tool is the emergence of the Malaysian Bar
Lord Hope in Walton v Scottish Ministers that is seen as carving out a role for itself
[2012] UKSC 44 says environmental We have a plethora of environmental on environmental issues.
law proceeds on the basis that the laws, enactments, ordinances and
quality of the natural environment is of regulations to govern almost every On 15 March 2014, the Malaysian
legitimate concern to everyone. It is conceivable aspect of the environment, Bar unanimously passed a resolution
upon this basis that environmental rights and it is within this framework that on environment and climate change,
are born and developed. environmental advocacy is carried out. which inter alia strongly called on the
To get an idea on the environmental Government to:
This area of law, at least from an laws of Malaysia within this tool or
international perspective, was in full model, it is suggested that reference be take immediate action to ensure

JUL-DEC 2015 | PRAXIS 39

 FEATURES/ARTICLES
eective enforcement of environmental on the realization of the right to food,
laws, and to undertake urgent law
just as every in particular in developing countries
reform, where required, including
ensuring transparency and proper public
self-respecting, (see Human Rights Council Resolutions
7/14, 10/12 and 13/4).
consultation with all stakeholders and
independent specialised assessment
sentient, Malaysian The second direction identifies rights
of safety aspects of industrial lawyer has a duty whose implementation is vital to
processes, and not allowing ouster environmental policymaking, such as
clauses to prevent judicial review for to salvage and freedom of expression, and freedom
better enforcement and more eective of peaceful assembly and association.
punishment for oences against the restore whatever These rights are stipulated in the UDHR
environment, which increase global
warming and threaten Planet Earth.
is left today of and elaborated in the International
Covenant on Civil and Political Rights

Regionalisation and
Malaysian liberty, (ICCPR), some of which found their
way into our own constitution, though
Internationalisation as Tools he or she plays the with qualifications.
of Environmental Rights
Engagement same role in respect Conclusion

Environmental rights can be engaged by of environmental The Malaysian Bar necessarily means
environmental lawyers through both the and includes the Malaysian lawyer
regional and international environmental
rights. as well as the collective Malaysian
governance tools. For example, lawyers. Their tools of environmental
paragraph 28(f) of the ASEAN Human on the condition of man, his physical, rights engagement do not fall within
Rights Declaration incorporates the mental and social well-being, his the very narrow confines of just tortious
right to a safe, clean and sustainable dignity and his enjoyment of basic liability. Around 25 years ago before
environment as an ingredient to human rights, in developing as well as the Rio Declaration of 1992, there was
adequate standard of living. developed countries. This concern led hardly any literature in international
to the Stockholm Declaration of 1972 environmental law. However, in this day
The ASEAN Agreement on which states that both the natural and and age, the environmental rights tools
Transboundary Haze Pollution that man-made environment are essential to for engagement have increased and
entered into force on 25 November the well-being and to enjoyment of basic are at the service of every Malaysian
2003 is another such regional tool. human rights. environmental lawyer. This trend, while
The Rio Declaration of 1992, of which consistent with the very objective upon
Malaysia is a party, provides an This in turn led to a new set of rights which the Malaysian Bar is set up,
international governance tool to engage known as environmental rights which also represents hope for a sustainable
environmental rights upon the polluter are being enacted in the constitutions of future in the management of our finite
pays principle, precautionary principle, many countries. Portugal became the environmental resources.
intergenerational rights principle, right first country, not long after the Stockholm
to information, and public participation Declaration, to adopt a constitutional This article is the personal opinion of
in environmental decision-making. right to a healthy and ecologically- the writer and does not necessarily
balanced human environment. Since represent the views of the Bar Council.
The other environmental instruments are then, more than 90 countries have
the many outcomes of the 2002 World followed suit by adopting similar rights Roger Chan Weng Keng
Summit on Sustainable Development in their constitutions. Chairperson
(WSSD) and Rio+20 that have Bar Council Environment and
consistently maintained focus on In the meantime, the United Nations Climate Change Committee
sustainable development. was not prepared to formulate a new set
of rights. Rather, it expanded human
The Environmental Human rights in two directions, namely human
Rights Tool for Malaysian rights vulnerable to environmental harm,
Lawyers and human rights vital to environmental
policymaking.
What the Universal Declaration of
Human Rights (UDHR) is to human The first direction means that the
rights, the Stockholm Declaration of enjoyment of human rights depends on
1972 is to environmental rights. In a supportive environment, though some
the 1968 resolution to convene the human rights are more susceptible to
Stockholm Conference, the United certain types of environmental harm, for
Nations General Assembly noted its example environmental degradation,
concern about the eects of the desertification and global climate
continuing and accelerating impairment change are exacerbating destitution and
of the quality of the human environment desperation, causing a negative impact

40 PRAXIS | JUL-DEC 2015

 FEATURES/ARTICLES

Peter Mooney: More than a Member of the Bar

appointed Acting Attorney General and
Public Prosecutor in Sarawak between
1956 and 1959, as well as a member of
the Supreme Council of Sarawak (the
cabinet) and a member of the Council
Negri (the legislature) during the same
period. His deep abiding love for the
people of Sarawak is best manifest in
his own words, I had become familiar
and at home in Sarawak. I had no home
elsewhere.

His approach and attitude to the peoples

of this diverse land is best described
by Philip Koh Tong Ngee, Member of
the Bar, who, in his citation for Peter
Mooney when he was conferred the
Malaysian Bar Lifetime Achievement
Award 2013, said:

His contribution to the land of

Peter Mooney, with Lim Chee Wee, President of the Malaysian Bar, at the conferment of the Lifetime
Achievement Award 2013, during the Malaysian Bar Annual Dinner and Dance 2013.
Sarawak and his benevolent
disposition towards its indigenous
people was a rare occurrence in
Background and Early Years The Illustrious Sarawak Years those colonial times. As famously
depicted in EM Forsters Passage to
Born in Ballybrack in Donegal, Ireland In 1952, Peter Mooney was admitted to India and George Orwells Burmese
in 1923, Peter Mooney attended the the Faculty of Advocates in Scotland, Days, members of the colonial
University of Glasgow between 1940 and and shortly thereafter, having had a establishment haughtily disdained
1942, obtaining an education steeped in taste of legal practice as illustrated in involvement with the lives and
the classics learning about the Greco- his book1, he made the crucial decision culture of the natives, and were
Roman world, alongside the study of to accept an appointment as Crown inclined to ostracise those who did
Greek, Latin, French, Mathematics, and Counsel in Sarawak. This appointment, so. Peter Mooney was an exception
English. After serving in Burma with by the Secretary of State for the to such attitudes. Forgoing
the Royal Scots Regiment, the oldest Colonies was, at the time, considered a opportunism and careerism, he
regiment in the British Army, as Captain, tremendous honour, and allowed Peter invariably placed integrity above
he returned to the University of Glasgow Mooney to continue his Southeast Asian fear or favour.
to complete his Master of Arts in History journey that began when he had served
in 1948. in Burma from 1942 to 1947. These early years established not only
the beginnings of a lifelong dedication
He only decided to pursue law after His early years in Sarawak were a time to Sarawak and its people, but also
completing this qualification, and went of discovery, and the development developed Peter Mooneys perspectives
on to read for the Bachelor of Laws of what would become a deep and on key legal issues. Amongst his many
degree at the University. He graduated passionate understanding of the people contributions to Sarawak were the
in 1951 having received numerous prizes of Sarawak their dierent cultures crucial role he played as Chairman of
for his academic abilities, including Firsts and perspectives, strengths and the Select Committee of the Legislature
for Forensic Medicine, Jurisprudence, weaknesses, and an overall appreciation on the Land Code, which amended,
Evidence and Procedure, and Scots of the beauty of Sarawak as a country. consolidated and codified the Land
Law. His penchant for languages served him Law of Sarawak. He also represented
well during this time, allowing him to the Sarawak Government at the United
Upon graduation, he was awarded a easily pick up on the Malay language as Nations Conference in Sri Lanka on
Legal Scholarship by the Secretary of well as the dierent languages spoken Administrative Power and its Abuse in
State for the Colonies, and he accepted by the natives of Sarawak. 1959.
a series of dierent appointments,
including Extramural Lecturer in Law, His early years there were spent During his time in Sarawak, there were a
Lecturer in Law to the Institute of traversing the inlands of Sarawak number of distinguished visitors whom
Company Accountants, and Lecturer in by boat and car as part of his he met. These included HRH Princess
Mercantile Law to Glasgow and West of responsibilities. His keen sensitivity Marina, Duchess of Kent and the widow
Scotland Commercial College. to the people and his strong sense of of the Duke, who was the younger
justice was rewarded when he was son of King George V; the Secretary

JUL-DEC 2015 | PRAXIS 41

 FEATURES/ARTICLES
on the decision by the Ministry of Law
in Singapore to reduce the number of
lawyers in the country (at the time, 77
per 100,000 in Singapore, compared
to 23 per 100,000 in Malaysia), and
considered whether it would be
necessary to do the same for Malaysia
at some point.

He emphasised the point by stating

strongly,

The standard of the profession is

very important for the well-being
of the country. For the profession
to function well and to serve the
country as it should, we need a
high standard of ability, a high
standard of academic training, a
A younger Peter Mooney at a dinner at John Skrines house, undated
high standard of professionalism
Move to Malaya and a high ethical standard. The
of State for the Colonies, the Earl of
present system is not producing a
Selkirk; HRH the Duke of Edinburgh, the
In 1960, Peter Mooney made the high standard in any of these areas.
Consort of Queen Elizabeth II; and the
dicult decision to move to Malaya. Perhaps the time has come to stop
Commissioner-General for Southeast
The need to do this arose because of
Asia, Malcolm MacDonald; all of whom
visited Sarawak briefly and with whom the possibility that the Colonial Oce
would probably transfer him to another In a reflective article about Judgments
Peter Mooney spent time in his ocial
British territory outside Southeast Asia, and their Backgrounds published on
capacity.
taking into account the fact that Malaya the Malaysian Bar website in July 2005,
had become independent. Determined he outlined the standards of conduct to
Peter Mooney travelled through the
not to leave this part of the region, and be expected of judges. He noted,
interior of Sarawak extensively, often
armed with a camera, and in his book with many oers to join law firms in
either Singapore or Malaya, he resigned A judges conduct on the Bench
A Servant of Sarawak: Reminiscences
from his responsibilities in Sarawak and is of great importance. Fairness
of a Crown Counsel in 1950s Borneo,
moved to the Peninsula. and courtesy to all, patience,
there are countless photographs of
forbearance, the capacity to
the peoples of this land that reflect
This move resulted in him being called listen with an open mind and, not
his fascination and respect for their
to the Sarawak Bar, Malayan Bar and unimportant when so many people
way of life, and the protection of their
Singaporean Bar in 1961, and in 1963, are involved in the proceedings
indigenous rights.
he became a founding partner in Skrine before him, punctuality in sitting and
& Co with the late John Skrine. rising, all these are very necessary if
On his exposure to the Ibans, he said of
the public, the litigants and counsel
them,
Between 1978 and 1997, his are to feel that proper consideration
contributions to the law extended is being given and justice is being
I had met many Ibans. They were
directly to the legal community where done. Most important of all is the
egalitarian, unimpressed by rank or
he served first as an elected Bar Council responsibility to arrive at the right
titles; to them one man was as good
member and later as Vice-President. He decision according to law. This,
as another. They were courteous
also served indefatigably as Chairperson ultimately, is both the test and the
and considerate. They said what
of the Legal Profession Committee, and justification of the judiciary.
they thought and were as good as
their word. If they made a promise the Complaints Committee.
Commenting on how judges should
they kept it. No matter their wild
It was also during this time that Peter make decisions on appeal cases, he
past, I had always found them
Mooney articulated many of his views said in the same article,
friendly and likeable.
about the progress and growth of the
legal profession in Malaysia, with regular Two considerations have to be
In his interactions with the dierent
contributions to a variety of publications, balanced. On the one hand, it is
communities in Sarawak, the relationship
including Insaf. important that judicial time should
was one of sharing Peter Mooney
not be wasted and that reasonable
learnt to appreciate the dierent cultures
The Bar Council Years and Other expedition should prevail in the
and lifestyles of the people of these
Involvements disposal of appeals. On the other
diverse communities, and shared with
hand, it is important that the
them where possible, the developments
In April 1993, in an Insaf article titled, Are submissions of Counsel should have
outside their own personal experience.
Lawyers Underqualified, he reported a patient and courteous hearing and

42 PRAXIS | JUL-DEC 2015

 FEATURES/ARTICLES
that, particularly in the final court of In explaining the value of the Scheme of courtesy and grace found solely
appeal, any fundamental issues of and the need for risk management for in those for whom law is a genuine
law, should be given unhurried and Members of the Bar, he highlighted vocation rather than a trade or
patient examination. The very that, it rapidly became evident that business.
essence of justice is to give each protection for members required not
party a fair hearing. Someone has insurance alone but education in risk Professor Dr Ghazali Musa, one of
to lose and it is important that he management. The two go together. Peter Mooneys adopted sons, wrote a
should leave the Court knowing Awareness of the importance of risk touching poem titled My Dad, which was
that his case has been fairly and management and setting up ecient read at a celebration of Peter Mooneys
patiently heard and not dismissed system in all firms greatly reduces the 90th birthday in May 2013, organised by
without any proper consideration on volume and amount of claims on the the Catholic Lawyers Society, of which
the basis of a misconception or an insurance fund and this in turn enables he was its advisor. The poem reads:
over-hasty preconception. premiums to be reduced.
My Dad is the source of my
As Chairman of the Professional Liability Peter Mooney was conferred the title knowledge, power and wisdom
Committee2, the work Peter Mooney Dato Bergelar (Dato DiRaja) by HRH My Dad anticipates my every need
and his committee did resulted in the the Sultan of Selangor then, Sultan and always puts me first in his lifes
Peter Mooney Memorandum of 1992. Salahuddin Abdul Aziz Shah, with the agenda
The Committee was responsible for the personal title of Dato Kurnia Bakti DiRaja My Dad empathises with my every
setting up of the Professional Indemnity in 1985, and made Knight Commander grief and sadness and rejoices in my
Insurance Scheme for the Malaysian of the Order of St Gregory the Great by every dream and achievement
Bar. In an interview with Peter Mooney3, His Holiness Pope John Paul II in 2003. My Dad is my lifes greatest blessing.
he explained that the rationale for My Dad is the wind beneath my
the Scheme was to protect Members During his lifetime, Peter Mooney served wings.
against claims of negligence. on various hospital boards, including
the Assunta Hospital in Petaling Jaya, Santhi Latha
Peter Mooney explained that at the Mt Miriam Cancer Hospital in Penang, Bar Council
time, it would not have been possible the Fatima Hospital in Ipoh, and the Tun
to set up a self- insurance scheme, Hussein Onn Eye Hospital in Petaling Notes
although he clearly hoped that with Jaya. In addition, he was involved 1 Mooney, Peter. A Servant of Sarawak:
accumulated figures, and experience with the Befrienders and Hospis Reminiscences of a Crown Counsel in
on the administration of the Scheme, Malaysia, and was was the catalyst for 1950s Borneo. Singapore: Monsoon
Books, 2011.
the Malaysian Bar would be able to the establishment of the Seri Seronok
consider self- insurance at some point Retirement Home and Stella Maris 2 The forerunner of the present Bar Council
Professional Indemnity Insurance
in the future. He took the view that this schools and an inspiration for the setting
Committee
would be justified on the basis that it up of the Catholic Lawyers Society.
3 The interview was published in Jurisk!
would then be possible to tailor it to
March 2009, Volume 5, Issue 1; published
accord closely with the wishes of the In his citation for Peter Mooney at the by the Bar Council Professional
Bar, economise on the expenses of Malaysian Bar Lifetime Award, Philip Indemnity Insurance Committee; http://
running the scheme and hope to have Koh Tong Ngee said, w w w. p r a k t i s . c o m . m y / C M S P a g e s /
a scheme all round more satisfactory to GetFile.aspx?guid=d3827f87-cf90-
all members. His conduct of court cases and 467b-bebb-14f3d1f7771a
advisory work bears the hallmarks
The founding of Skrine & Co:

I have been pondering on why

Providence has been so kind to
Skrine & Co up to date, and how
this firm founded by a polo-playing
Anglican Englishman, a bridge-
playing Presbyterian Scotsman,
a piano-playing Roman Catholic
Irishman, a north country beer
connoisseur Englishman (religion
unknown) and an Ipoh Chinese
Methodist managed to cohere as
well as it did and to attract a string of
Asian partners, and to keep and then
expand its clientele.

~ John Skrine (1922-1993)

Peter Mooney at a forum, undated

JUL-DEC 2015 | PRAXIS 43

 EVENTS

Upcoming Events
January to May 2016
21 and 22 Jan 2016
International Conference and Launch of the Asian Business Law Institute (ABLI) | Doing Business Across Asia: Legal Convergence in an Asian Century,
Singapore

Venue: Raes City Convention Centre, 80 Bras Basah Road, Singapore 189560
Date: 21 and 22 Jan 2016 (Thursday and Friday)

This conference is organised by the Singapore Academy of Law. The stellar cast of speakers will address the need for increased convergence of cross-border business laws, improved
legal infrastructure and harmonisation of regulatory standards across Asia. Register soon as the closing date is on 6 Jan 2016 (Wednesday). Members of the Bar are entitled to a 15%
online discount (key in the discount code: LCMYBAR). For more details, please visit its website at www.legalconvergenceasia.com.

17 and 18 Mar 2016

Global Pound Conference Series 2016-17, Singapore

Venue: Auditorium, Supreme Court of Singapore, 1 Supreme Court Lane, Singapore 178879
Date: 17 and 18 Mar 2016 (Thursday and Friday)

The Global Pound Conference Series (GPC Series) is organised by the International Mediation Institute. The GPC Series aim to facilitate the development of 21st century commercial and
civil dispute resolution tools, at domestic, regional and international levels. Please visit its website at http://singapore2016.globalpoundconference.org, for more details about this event.

13 to 16 Apr 2016
IPBA 26th Annual Meeting and Conference, Kuala Lumpur

Venue: Kuala Lumpur Convention Centre

Date: 13 to 16 Apr 2016 (Wednesday to Saturday)

The 26th Annual Meeting and Conference of the Inter-Pacific Bar Association (IPBA) is organised by a host committee of 26 law firms. The conference is themed Diverse Challenges,
Global Situations, and centres on the international flavour and global nature of business transactions. Members of the Bar are entitled to an early bird rate, which is valid till 15 Jan 2016.
IPBA is also accepting applications for the IPBA Scholarship Programme to enable practising lawyers to attend this event. Please contact Ida by telephone at 03-6205 3389 or by
email at ipba2016@crystaledge.net, or visit www.ipba2016.com for more details.

19 and 20 May 2016

CLA Finance and Banking Master Workshop 2016, Cyprus

Venue: Limassol, Cyprus

Date: 19 and 20 May 2016 (Thursday and Friday)

This workshop is organised by the Commonwealth Lawyers Association (CLA) and the Cyprus Bar Association. This master workshop will provide participants with a fresh view of finance
and banking practices, while engaging with lawyers from within the Commonwealth and internationally. Members of the Bar are entitled to special reduced rates (Developing Country
registration fees). For more information, please contact Janine Koeries of Paragon Group (+972(0)3-576-7737; secretariat@claworkshops.com), or visit www.claworkshops.com, for more
details.

44 PRAXIS | JUL-DEC 2015

 EVENTS

Constitutional Law Committee

Co-Chairpersons: Roger Chan Weng Keng

Firdaus Husni

Deputy Chairpersons: Elaine Gan Peay Er

Melissa Sasidaran

Ocer-in-Charge: Anusha Gopala Krishnan

In 2009, Bar Council formed the Constitutional Law Committee to promote constitutional
awareness and constitutionalism amongst Malaysians. The Committee consists of lawyers,
pupils in chambers, academics, students, media personnel, and activists.

A nationwide programme by the Committee is the ongoing MyConstitution Campaign (Kempen

Perlembagaanku), which aims to bring the content of Malaysias Federal Constitution to all
Malaysians in a summarised and simplified format. This Campaign is Bar Councils commitment
to improve public awareness of the Constitution and promote constitutionalism amongst all
Malaysians.

The MyConstitution Campaign is the first of many initiatives by the Committee and it seeks to
achieve the following goals:

Increased public awareness and understanding of the nature and content of the Constitution;
Recognition and acceptance of the role and importance of constitutionalism in national
governance and the social structure; and
Promotion of the study of the Constitution amongst youths and young adults.

In addition to the Campaign, the Committee carries out various activities and events with diverse
sections of the Malaysian community, including holding forums and workshops, to promote the
aims of the Campaign.

Search for the Will of the Late LEOW TOOK HING

The late LEOW TOOK HING (NRIC no: 480102-10-5758 / 3300602) passed away on 22 May 2015.

Any legal firm that has knowledge about her WILL, please contact Leong Ooi Seong of M/S Leong Ooi Seong &
Co. by telephone at 012-206 8889 or 03-4297 2889, by fax at 03-4297 6889 or by email at los8889@gmail.com.

JUL-DEC 2015 | PRAXIS 45

 EVENTS

Extraordinary General Meeting of the Malaysian

Bar (12 Sept 2015)

At the Extraordinary General Meeting General Meeting of the Malaysian General Meeting of the Malaysian
(EGM) on 12 Sept 2015 held at the Bar to be held on 12 September Bar on 12 September 2015;
Renaissance Kuala Lumpur Hotel 2015.
quorum was achieved at 9:59 am, with as well as various amendments to the
502 Members signed in. The number Steven Thiru drew the attention of content of the motion.
picked up quickly, with 871 Members Members to the amendment he wished
signed in at 10:38 am. to make to the title of the motion, as After almost two hours of debate,
follows: which included additional proposals
The Chairman, Steven Thiru (President for amendments to the motion, the
of the Malaysian Bar), called the EGM Motion on the allegations of vast majority of the Members adopted
to order at 10:43 am, and proceeded financial impropriety concerning the resolution that is reproduced in the
directly to the heart of the issue. 1MDB and its related companies, following pages
the transfer of MYR2.6 billion and
One motion had been proposed for the flow of MYR42 million into the 1,040 Members registered their
consideration at this EGM: Prime Ministers personal bank attendance at the EGM, which was
accounts, and matters in connection adjourned at 12:47 pm.
Motion proposed by Steven therewith, proposed by Steven
Thiruneelakandan, as Chairman of Thiruneelakandan, as Chairman of Joane Sharmila /
the Bar Council and on behalf of the the Bar Council and on behalf of the Chin Oy Sim
Bar Council, at the Extraordinary Bar Council, at the Extraordinary Bar Council

46 PRAXIS | JUL-DEC 2015

 EVENTS

Resolution Adopted at the Extraordinary

General Meeting of the Malaysian Bar Held at
Renaissance Kuala Lumpur Hotel
(Saturday, 12 Sept 2015)
Resolution on the Allegations WSJ also reported that the Task Force consisted of Tan Sri
of Financial Impropriety original source of the funds was Gani; the Governor of Bank Negara
Concerning 1MDB and its unclear and the subsequent Malaysia (BNM), Tan Sri Dato Sri
Related Companies, the use of the funds was unknown; Dr Zeti Akhtar Aziz (Tan Sri Zeti);
Transfer of MYR2.6 Billion and and the Inspector General of Police
the Flow of MYR42 Million into (IGP), Tan Sri Khalid bin Abu
the Prime Ministers Personal b. another set of funds totalling Bakar; and the Chief Commissioner
Bank Accounts, and Matters in MYR42 million was transferred of the Malaysian Anti-Corruption
Connection Therewith from SRC International Sdn Bhd Commission (MACC), Tan Sri Abu
(SRC, a former subsidiary of Kassim bin Mohamed.
WHEREAS: 1MDB) to Gandingan Mentari
Sdn Bhd, then to Ihsan Perdana 8. On 7 July 2015, in a joint media
1. There have been numerous media Sdn Bhd, and finally to the statement, the Special Task Force
reports on allegations of serious personal bank accounts of the announced that based on the
financial impropriety concerning Prime Minister. investigations undertaken by the
1Malaysia Development Berhad agencies represented in the Special
(1MDB), a company wholly owned 4. On 3 July 2015, the Prime Minister Task Force, an order to freeze six
by the Government of Malaysia. responded to the aforementioned bank accounts of suspected parties
reports by WSJ and SR, stating, was issued on 6 July 2015.11 In
2. On 11 May 2015, the then- I have never taken funds for addition, investigators seized
Chairman of the Public Accounts personal gain as alleged by my documents relating to 17 bank
Committee (PAC) of Parliament political opponents whether accounts from two banks to facilitate
and Member of Parliament for Pulai, from 1MDB, SRC International or the investigation. Investigators also
Datuk Nur Jazlan bin Mohamed, other entities, as these companies seized documents pertaining to
issued a statement stating that have confirmed.6 On 8 July 2015, non-compliance of BNMs rules and
the PAC would start its inquiry the Prime Minister issued another procedures by the banks involved.
into 1MDB and that it intended to statement reiterating, I have never
question several persons, including taken 1MDB funds for personal 8A. On 8 July 2015, the Special Task
the present Chief Executive Ocer gain.7 Force raided the oce of 1MDB
of 1MDB, Arul Kanda Kandasamy, in Kuala Lumpur and seized
as well as his predecessor, Datuk 5. The Prime Ministers solicitors documents and computers. Earlier,
Shahrul Ibrahim Halmi.1 Both were wrote a letter to WSJ seeking on 3 July 2015, the Special Task
initially scheduled to give evidence clarification of the aforementioned Force had also raided the oces of
on 26 May 2015.2 This was later report.8 WSJs publisher replied SRC, Gandingan Mentari Sdn Bhd
adjourned to 4 and 5 August stating, We stand behind our and Ihsan Perdana Sdn Bhd, and
20153 at their request (but did not fair and accurate coverage of this also seized documents.
ultimately take place). evolving story.9
9. On 8 July 2015, the Malaysian Bar
3. On 2 July 2015, the Wall Street 6. The Prime Minister has not expressly issued a press statement12 urging:
Journal (WSJ)4 and Sarawak denied that MYR2.6 billion and
Report (SR)5 reported that MYR42 million were deposited into a. The Special Task Force to
government investigation his personal bank accounts, as conduct a comprehensive,
documents had disclosed that: reported by WSJ and SR. detailed, and unfettered
investigation into the allegations
a. funds amounting to 7. On 4 July 2015, the then-Attorney made by WSJ and SR; and
approximately USD700 General of Malaysia, Tan Sri Abdul
million (MYR2.6 billion) were Gani bin Patail (Tan Sri Gani) b. The Prime Minister to take a
transferred into the personal announced that a multi-agency leave of absence from oce
bank accounts of the Prime task force (Special Task Force) pending the outcome of the
Minister of Malaysia, Dato Sri had commenced investigation into ongoing investigation of the
Mohd Najib bin Tun Abdul Razak the allegations of funds transferred Special Task Force, to avoid
(Prime Minister), in AmIslamic to the Prime Ministers personal any perception of interference
Bank Berhad in March 2013. bank accounts.10 The Special by him in the investigation,

JUL-DEC 2015 | PRAXIS 47

 EVENTS
as the Attorney General is and Multimedia Commission 7(1) of the Printing Presses and
the chief legal adviser to the issued an administrative order17 Publications Act 1984, imposed
Government, the MACC is under Section 211 and Section a three-month suspension
under the purview of the Prime 233 of the Communications order on The Edge Weekly
Ministers Department, and and Multimedia Act 1998 to and The Edge Financial Daily,
BNM falls under the portfolio of block the SR website, due to on grounds of possible public
the Minister of Finance (who is perceived threats to national alarm over the publication
the Prime Minister). security. SR has been one of of reports concerning 1MDB
the sources of allegations of and allegations in them that
10. Between 21 to 26 July 2015, five wrongdoing involving 1MDB, implicate the government and
individuals were detained by the which has implicated the Prime national leaders.21 The Edge
MACC over the investigation into Minister; has commenced a judicial
1MDB, and subsequently released. review action against the
They were Jerome Lee, group d. On 20 July 2015, subsequent Minister of Home Aairs, and
executive director of Putrajaya to the said disclosure by WSJ has been granted leave to
Perdana Berhad, Datuk Shamsul and SR, The Edge Financial challenge the suspension order
Anwar Sulaiman of Ihsan Perdana Daily, which had been but has failed to obtain a stay
Sdn Bhd, and three other individuals publishing a series of articles against the order;22 and
Arin Ismail Shahul Hameed, critical of financial transactions
Datuk Rosman Abdullah and Tazri involving 1MDB, published g. On 23 July 2015, Ho Kay Tat
Talib.13 a flow-chart detailing the was summoned for questioning
money trail involving global by the Royal Malaysian
11. Various actions, including banks in an article entitled Police (Polis DiRaja Malaysia,
administrative action, have been How Jho Low & PetroSaudi PDRM) over articles relating
taken to harass and intimidate those schemed to steal money from to 1MDB that were carried in
who have been critical of 1MDB and the people of Malaysia via The Edge Financial Daily, for
the Prime Minister: 1MDB.18 In an accompanying an oence under Section 124B
note, the publisher stated of the Penal Code.23 On 28
a. On 24 June 2015, the Minister that its report was based on July 2015, it was reported that
of Home Aairs, Dato Seri evidence that included bank PDRM had summoned Ho Kay
Dr Ahmad Zahid bin Hamidi, transfer documents and bank Tat for questioning again, and
accused The Edge Media statements, and that they further, Datuk Tong Kooi Ong as
Group (the publisher of The would be handing over these well.24
Edge Financial Daily) and its documents, and the hard disk
owner Datuk Tong Kooi Ong, that contained them, to the 12. During the UMNO Cheras Division
of publishing inaccurate reports investigators. The publisher gathering held on 26 July 2015,
and false information relating maintained that their reports the then-Deputy Prime Minister Tan
to 1MDB.14 On 29 June 2015, on 1MDB had exposed how Sri Dato Haji Muhyiddin bin Mohd
the Ministry of Home Aairs a group of individuals Yassin (Tan Sri Muhyiddin), said,
issued a show-cause letter to Malaysians and foreigners I must speak the truth. I cannot
The Edge Financial Daily over schemed a multi-billion ringgit blu because I know millions of
its reports on 1MDB,15 giving it fraud against the people of people. Berjuta rakyat bersamamu.
seven days to provide a written Malaysia; Apakah ada di dalam kerajaan yang
explanation on why action rasa bertanggungjawab dan mahu
should not be taken against it e. On 22 July 2015, it was berbuat sesuatu dan pecahkan
under the Printing Presses and discovered that the Director sesuatu supaya satu pembetulan
Publications Act 1984; General of Immigration, under mesti dibuat. Sebab itu saya kata,
the Immigration Act 1959/63, apa hal 1MDB. Kalau mereka
b. On 1 July 2015, the publisher had imposed a ban on overseas sudah membawa beban besar
and Chief Operating Ocer of travel on Member of Parliament kepada negara 42 billion lebih,
The Edge Media Group, Ho Kay for Petaling Jaya Utara, Tony katanya tanggungan, maka ahli-
Tat, in response to the show- Pua Kiam Wee; Member of ahli Lembaga Pengarah harus
cause letter, sought clarification Parliament for Pandan, Mohd bertanggungjawab. Betul? Dan
as to which were the oending Rafizi Ramli;19 and Datuk Tong saya beritahu Perdana Menteri, sack
articles relied upon by the Kooi Ong;20 without providing them, remove them. Sepatutnya
Ministry of Home Aairs, and any reason. These persons had you sack them. Saya kata kalau saya
reiterated that all their articles been at the forefront of criticism ada sebuah syarikat, saya tak ada
were based on carefully of 1MDB or in the expos of syarikat, dulu saya punya dan saya
evaluated evidence and were alleged wrongdoing concerning tahu bisnes dan sebab tunggang
truthful;16 1MDB; terbalik, rugi begitu banyaknya, apa
saya buat? What you do? Stay?
c. On 19 July 2015, the f. On 23 July 2015, the Ministry Dont stay. Go. Resign. Leave.
Malaysian Communications of Home Aairs, under Section You are responsible. You have to

48 PRAXIS | JUL-DEC 2015

 EVENTS
bear the responsibility. Tapi saya 14. On 29 July 2015, the five MACC supposed conspiracy to overthrow
minta maaf. I am sorry to say Prime oversight panels issued a joint the Government, purportedly in
Minister, maybe he listen but that is press statement appealing for the violation of Section 124B of the
not important. Saya sebut di sini Special Task Force to be allowed to Penal Code. These actions taken
sebab inilah pertama kali, platform conduct the investigation without by the authorities against the MACC
yang saya cakap dalam parti.25 any interference or pressure from are listed in Appendix A. In this
third parties.31 regard:
13. On 28 July 2015, the following
events occurred: 15. On 30 July 2015, SR disclosed two a. Minister in the Prime Ministers
purported draft charge sheets in an Department in charge of
a. Tan Sri Gani, the then-Attorney article entitled Arrest Warrant for the governance and integrity,
General and a pivotal member Prime Minister The Real Reason Senator Datuk Paul Low Seng
of the Special Task Force, the Attorney General Was Fired, Kuan, reportedly stated on 6
was abruptly removed from and alleged that the purported draft August 2015 that PDRM are
oce, barely 69 days from his charge sheets were the reasons for showing high-handedness,
retirement date, purportedly the removal of Tan Sri Gani.32 The and that it is important that
due to his failing health. In first alleged charge sheet stated [MACC] do what they need to
his place, the Government that the Prime Minister and other do.38
appointed Federal Court Judge persons had committed corruption
Tan Sri Dato Sri Haji Mohamed oences under the MACC Act 2009. b. The Chairman of MACCs
Apandi bin Haji Ali (Tan Sri The second alleged charge sheet Consultation and Corruption
Apandi);26 stated that the Prime Minister, as Prevention Panel Tan Sri Johan
Finance Minister and Ameritus [sic] Jaaar expressed dismay over
b. The Director of the Special Advisor to SRC, had committed the spate of raids and arrests
Branch (SB) of the PDRM, criminal breach of trust under the by the police, and reiterated
Datuk Seri Akhil Bulat, was Penal Code. Both Tan Sri Apandi33 the need for the agency to be
abruptly replaced, three weeks and the MACC34 have denied the allowed to execute its duties
before his contract expired, and existence of these alleged charge unhindered.39
put on retirement leave;27 sheets.
19. On 3 August 2015, the MACC
c. The then-Deputy Prime 16. On 30 July 2015, MACC issued a issued a statement stating that
Minister, Tan Sri Muhyiddin; press statement,35 denying that its the MYR2.6 billion in the Prime
and the then-Minister of Rural ocers were involved in a conspiracy Ministers personal bank accounts
and Regional Development, to topple the Government, and that, did not originate from 1MDB but
Dato Seri Haji Mohd Shafie as an independent commission, was a donation.40 The MACC
bin Haji Apdal (both of whom it is responsible for conducting also announced that it intended to
had publicly called on the investigation freely, transparently question the Prime Minister on the
Prime Minister to explain the and professionally, without fear and donation.41 To date, there has
scandal engulfing 1MDB) were favour, regardless of the persons been no indication that the MACC
dismissed from Cabinet by the involved. has indeed questioned the Prime
Prime Minister;28 and Minister.
17. On 1 August 2015, a former adviser
d. Four of the 13 members of to the MACC, Tan Sri Rashpal 20. On 5 August 2015, PDRM obtained
the PAC which had been Singh; a member of the secretariat a warrant of arrest42 against Clare
investigating the 1MDB for administration and finance of the Rewcastle-Brown @ Clare Louise
allegations including its anti-money laundering task force at Brown, a journalist based in the UK
Chairman, were appointed the Attorney Generals Chambers who runs the SR website, in relation
Minister or Deputy Minister, in (AGC), Jessica Gurmeet Kaur; to investigation under Sections
eect disqualifying them from and a Deputy Public Prosecutor 124B and 124I of the Penal Code,
membership of the PAC and seconded from the AGC to the for publishing a false report on the
crippling the PACs ongoing MACC, Ahmad Sazilee Abdul Khairi; purported draft charge sheets in
investigation into 1MDB.29 The were arrested, and subsequently the article entitled Arrest Warrant
PAC proceedings scheduled on released.36 The oce and home of for the Prime Minister The Real
4 and 5 August 2015, for the at least one of them were raided, Reason the Attorney General Was
evidence of the present and and documents related to MACCs Fired in order to implicate the
former CEO of 1MDB to be investigation were reportedly Prime Minister for criminal oences.
taken, were postponed by the removed.37 PDRM subsequently submitted a
Speaker of the Dewan Rakyat, request for a red notice to Interpol.
who said the PAC could not 18. As at early August 2015, MACC The request was reviewed by
proceed until the new Chairman personnel became the focus Interpol, and subsequently refused
is selected.30 of police investigation into on 9 August 2015.43
allegations of leaking of confidential
information and involvement in a

JUL-DEC 2015 | PRAXIS 49

 EVENTS
21. On 5 August 2015, the Special 24A. Also on 13 August 2015, Tan held a press conference, where he
Task Force was disbanded by Tan Sri Zeti is reported to have is reported to have said, He (The
Sri Apandi Ali.44 Further, it was said that investigating MYR2.6 Prime Minister) had no proof so to
reported that a new task force billion in donations to the tackle the PAC, Public Accounts
named the National Revenue Prime Ministers personal bank Committee, he oered them jobs
Recovery Enforcement Team accounts is not within BNMs to become Deputy Minister. This
(NRRET) consisting of the purview.54 is a kind of bribery. And now the
AGC, BNM, PDRM, Customs PAC is not functioning. The other
Department, and Inland Revenue 25. Subsequent to the replacement of agencies also cannot work because
Board was set up by the AGC.45 the Director of the Special Branch whenever you make a report, the
The Acting Chief Commissioner of of the PDRM on 28 July 2015, the police will not take action. And the
the MACC reportedly said that the Deputy Director of the Special new AG will not take action. So, he
MACC had been excluded from the Branch, Datuk Abdul Hamid Bador, has undermined the constitution
NRRET but it will continue with its was abruptly transferred out of the and the legal system of this country.
investigation.46 Subsequently, on 25 Special Branch on 19 August 2015 There is no more rule of law ... He
August 2015, the AGC announced to the Prime Ministers Department.55 created 1MDB to borrow money and
that the MACC is one of the eight He has since alleged that there then the money disappeared. And
entities in NRRET, and that NRRET was a secret Hang Tuah gang suddenly 2.6bil ringgit appeared in
is not in any way involved with any behind moves to hide information56 his account. Not in UMNO but in his
investigations involving 1MDB and and witnesses57 relating to 1MDB, account. He is using this money to
its related companies.47 and that his transfer to the Prime bribe people. So, we want to ask,
Ministers Department was to put why did you stop the investigation
22. On 9 August 2015, the IGP him in cold storage in a post that on your 2.6bil. Where did this
announced that the investigation was non-existent.58 He has also money come from? Dont tell lies
into the MACC has been temporarily alleged that witnesses are hiding about Arabs giving 2.6bil. No Arab
postponed to avoid various abroad with the help of certain will give to anybody that kind of
assumptions that were made that parties.59 He has since been issued money. Nobody will give a lot of
had altered public perception,48 and with a show-cause letter.60 money to anybody, not that amount,
the MACC has recently announced 2.6bil. So, where does the money
that it is still investigating the 25A. On 20 August 2015, it was come from? The only money that
donation49 as well as the funds reported that the AGC had can come maybe through 1MDB.63
transferred from SRC into the Prime terminated the services of
Ministers personal bank accounts. Jessica Gurmeet Kaur, and 29. The categorisation of the funds as
there were subsequently issues a donation raises more questions
23. On 13 August 2015, the IGP concerning the revocation of than answers. There has been
stated that PDRM had questioned her permanent residency status further varying and contradictory
seven BNM ocers under the in Malaysia.61 accounts or explanations as to
Financial Services Act 2013 over the origin and purpose of the
the leak of confidential information/ 26. In an interview to the press on 16 donation, as seen in Appendix B.
documents.50 He had earlier said August 2015,62 the Urban Wellbeing, Questions also abound as to why
that PDRM would haul up several Housing and Local Government a substantial part of the funds was
ocers from BNM and other Minister Datuk Abdul Rahman subsequently remitted out of the
commercial banks for questioning Dahlan appeared to imply that the country to Singapore. The Prime
in its investigation into the leaking Prime Minister had interfered in Ministers personal bank account
of confidential information/ the MACCs investigation into the was then closed.64
documents.51 PDRM has also taken deposit of funds from SRC and
action against the ocers of BNM. the transfer of MYR2.6 billion, into 30. The series of events since the
the Prime Ministers personal bank disclosure by WSJ and SR has
24. On 13 August 2015, Tan Sri Zeti accounts. given rise to the inference that
stated that BNM had completed there has been interference in, and
its investigation, which was relating 27. In the said interview, Datuk Abdul obstruction of, the investigation to
to transactions by 1MDB, and Rahman Dahlan spoke of an alleged the point where investigation has
had submitted its investigation deliberate attempt to criminalise been compromised.
papers to the Attorney General the Prime Minister and force him out
with recommendations for the of oce. It was also reported that 31. The drastic, oppressive and chilling
appropriate enforcement action.52 he had stated that drastic action measures taken since 28 July 2015
She also said, I have to be very was needed to take these people appear to have derailed, hindered
careful with what I say that it has out first, and there was a or obstructed the investigations or
to be within the confines of the flurry of action taken by the Prime inquiries into 1MDB, the remittance
law. Otherwise, the moment I step Minister. of MYR2.6 billion, and the remittance
out of this door, I will face arrest for of MYR42 million by SRC into the
talking about an individual account. 28. On 30 August 2015, former Prime personal bank accounts of the
I am sure you dont want that to Minister Tun Dr Mahathir Mohamad Prime Minister.
happen.53

50 PRAXIS | JUL-DEC 2015

 EVENTS
32. The far-reaching actions taken 36. In light of the action taken 42. In light of the above, and the
since 28 July 2015 have been an against ocers of BNM, and the tremendously grave concerns
assault on the independence of the statements made by Tan Sri Zeti, that have arisen, and recalling the
Special Task Force that had been there are serious concerns raised objects of the Malaysian Bar as set
investigating the allegations made as to whether the investigation by out in Section 42(1) of the Legal
by WSJ and SR that implicated BNM, as a member of the Special Profession Act 1976, in particular:
the Prime Minister, and these Task Force, has been thwarted
actions have further impaired or and compromised. Further it Section 42(1)(a): to uphold the
compromised the integrity of the is inexplicable that BNM has cause of justice without regard
investigation by the Special Task concluded that the donation of to its own interests or that of its
Force. MYR2.6 billion is not within its remit, members, uninfluenced by fear
despite the relevant provisions in or favour;
32A. The abovementioned the Central Bank of Malaysia Act
measures and actions have 1958; Financial Services Act 2013; Section 42(1)(d): where
been attributed to the Prime Exchange Control Act 1953; Capital requested so to do, to
Minister, the Government, Markets and Services Act 2007; express its view on matters
and/or agencies under the and Anti-Money Laundering, Anti- aecting legislation and the
Government. Terrorism Financing and Proceeds administration and practice of
of Unlawful Activities Act 2001. the law in Malaysia;
33. The manner in which the PAC has
been crippled and its investigation 37. The replacement of the Director of Section 42(1)(g): to protect and
stymied gives rise to serious the Special Branch and now the assist the public in all matters
questions about the ongoing transfer of the Deputy Director of the touching ancillary or incidental
proceedings of the PAC and the Special Branch suggest that there to the law;
ability of the Legislature to act as an has also been interference with,
eective check and balance on the and obstruction of, the investigation THEREFORE, it is hereby resolved
activities of the Executive. conducted by the Special Branch of that:
the PDRM.
34. The action taken by PDRM against a. The Malaysian Bar condemns the
the MACC was intimidatory and 38. Datuk Abdul Rahman Dahlans interference with, and the subversion
oppressive, and is widely seen statements in reference to the pre- of, the cause and administration
as having interfered with, and emptive measures taken by the of justice, and the investigation
obstructed, MACCs investigation Prime Minister appear to validate and inquiry into the allegations of
into the transfer of funds into the the already pervasive public financial impropriety concerning
Prime Ministers personal bank perception that there had been 1MDB and its related companies,
accounts, as well as an attack on active and deliberate steps taken by and the transfer of MYR2.6 billion
the independence of the MACC and the Prime Minister or the authorities and the flow of MYR42 million from
its emasculation as a corruption- to interfere, impede and derail the SRC, both into the Prime Ministers
combating agency. investigation, to mask wrongdoings, personal bank accounts.
and to exculpate wrongdoers.
35. The abrupt and unexplained b. The Malaysian Bar condemns the
disbanding of the Special Task 39. In light of Datuk Abdul Rahman abrupt removal of Tan Sri Gani;
Force which was established to Dahlans statements, it can be the crippling of the PAC; and the
solely focus on investigating the inferred that the Prime Minister harassment, intimidation and
allegations of funds transferred to or the authorities under his oppression of investigating ocers
the Prime Ministers personal bank instruction or the instruction of his or personnel of the AGC, MACC,
accounts, and issues relating to subordinates have undermined BNM, and the Special Branch of the
1MDB before the completion of and subverted the investigation into PDRM.
its tasks casts doubt on the sincerity the transfer of funds into the Prime
and commitment on the part of the Ministers personal bank accounts. c. The Malaysian Bar demands
Government to investigate the said that the Malaysian Government
allegations. The announcement by 40. There appears to be a concerted immediately advise the Yang di-
Tan Sri Apandi that the individual eort to weaken and compromise Pertuan Agong to establish a Royal
agencies that were represented various institutions involved in Commission of Inquiry (RCI),
in the Special Task Force would the investigation into the transfer which should comprise members
continue carrying out their individual of funds into the Prime Ministers who are independent, impartial
investigations within their respective personal bank accounts. and of unimpeachable integrity, to
purview detracts from the original inquire into and investigate:
focus and coordinated collaboration 41. There are grave concerns that there
between the heads of the agencies would be a cover-up or whitewash i. the allegations of financial
of the Special Task Force. of wrongdoing, and the exoneration impropriety concerning 1MDB
or exculpation of wrongdoers. and its related companies;

JUL-DEC 2015 | PRAXIS 51

 EVENTS
ii. the transfer of MYR2.6 billion MENGENAI PROSIDING SYARIKAT Transferred to the Prime Ministers
into the Prime Ministers 1MALAYSIA DEVELOPMENT BERHAD Account, issued by Tan Sri Abdul
personal bank accounts; and (1MDB) KEMENTERIAN KEWANGAN Gani Patail on 4 July 2015 (http://
MALAYSIA, issued by Chairman of the www.bnm.gov.my/documents/2015/
Public Accounts Committee (PAC) statement_20150704.pdf).
iii. the flow of MYR42 million from of Parliament, Datuk Nur Jazlan bin 11 Press statement entitled Special Task
SRC into the Prime Ministers Mohamed on 11 May 2015 Force Investigation on Allegations of
personal bank accounts; ( h t t p : / / w w w. p a r l i m e n . g o v. m y / Transfer of Funds Into Prime Ministers
images/webuser/pac/kenyataan%20 Accounts, issued by Tan Sri Abdul
and to report on, and make public, media/110515-1MDB.pdf). Gani Patail, Tan Sri Zeti Akhtar Aziz,
its findings and recommendations, 2 (a) Arul, Shahrol no show at PAC Tan Sri Khalid Abu Bakar, Tan Sri
including any further action that inquiry on 1MDB, The Star Online, 25 Abu Kassim Mohamed on 7 July
needs to be taken. May 2015 (http://www.thestar.com.my/ 2015 (http://www.bnm.gov.my/index.
Business/Business-News/2015/05/25/ p h p ? c h = e n _ p re s s & p g = e n _ p re s s _
Arul-Shahrul-no-show-at-PAC-inquiry- all&ac=3225&lang=en).
d. The Malaysian Bar notes that several on-1MDB/?style=biz). 12 Press statement entitled Conduct
members of the administration are (b) Arul Kanda explains why he Independent Investigation into
advocates and solicitors of the High could meet Shahrir but not PAC, Disclosures Relating to 1MDB
Court of Malaya, and the Malaysian The Malaysian Insider, 29 May 2015 Comprehensively and with Integrity,
Bar reminds such members of the (http://www.themalaysianinsider.com/ issued by the Malaysian Bar on 8 July
administration that, whether in malaysia/article/arul-kanda-explains- 2015 (http://www.malaysianbar.org.my/
active practice or not, all advocates why-he-could-meet-shahrir-but-not- press_statements/press_release_%7C_
pac). conduct_independent_investigation_
and solicitors are expected at all
3 1MDBs Arul, ex-CEO to face PAC in into_disclosures_relating_to_1mdb_
times to protect and further the comprehensively_and_with_integrity.
early August, New Straits Times Online,
rule of law and to uphold justice. html).
17 June 2015
The Malaysian Bar further reminds (http://www.nst.com.my/ 13 (a) In 1MDB-linked case, Jerome Lee
such members of the administration news/2015/09/1mdb%E2%80%99s- freed on RM100,000 bail, The Malaysian
that the failure to maintain the core arul-ex-ceo-face-pac-early-august). Insider, 24 July 2015 (http://www.
values of the legal profession would 4 Investigators Believe Money Flowed to themalaysianinsider.com/malaysia/
render them liable to disciplinary Malaysian Leader Najibs Accounts Amid article/in-1mdb-linked-case-jerome-lee-
action under the Legal Profession 1MDB Probe, Wall Street Journal, 2 freed-on-rm100000-bail).
Act 1976. July 2015 (http://www.wsj.com/articles/ (b) Datuk from 1MDB-linked company
SB10130211234592774869404581083 second person remanded, The
700187014570) Malaysian Insider, 22 July 2015 (http://
e. The Malaysian Bar mandates the
5 SENSATIONAL FINDINGS! - Prime w w w. t h e m a l a y s i a n i n s i d e r. c o m /
Bar Council to take any and all steps malaysia/article/datuk-from-1mdb-
Minister Najib Razaks Personal
that it deems appropriate in order to linked-company-second-person-under-
Accounts Linked To 1MDB Money Trail
arm and preserve the rule of law, MALAYSIA EXCLUSIVE!, Sarawak remand).
to uphold the Federal Constitution, Report, 2 July 2015 (http://www. (c) 3rd person linked to 1MDB case
and to protect the administration sarawakreport.org/2015/07/sensational- remanded, The Malaysian Insider, 24 July
of justice, including but not limited findings-prime-minister-najib-razaks- 2015 (http://www.themalaysianinsider.
to, instituting a legal suit(s) against personal-accounts-linked-to-1mdb- com/malaysia/article/3rd-person-linked-
any person(s) responsible for the money-trail-malaysia-exclusive/). to-1mdb-case-remanded).
interference with, impediment to, 6 Najib: I have never taken funds for (d) 4th person remanded in 1MDB
or obstruction or perversion of, the personal gain, The Star Online, 3 July probe, court allows bail for another,
2015 (http://www.thestar.com.my/News/ The Malaysian Insider, 25 July 2015
administration of justice, and the
Nation/2015/07/03/PM-statement-on- (http://www.themalaysianinsider.com/
investigation into: allegations/). malaysia/article/1mdb-investigators-
7 Press statement entitled Kenyataan arrest-4th-suspect-bail-for-another).
i. the allegations of financial YAB Dato Sri Mohd Najib Razak, issued (e) Despatch rider latest to be remanded
impropriety concerning 1MDB by the Prime Minister of Malaysia, Dato in 1MDB probe, The Malaysian
and its related companies; Sri Mohd Najib bin Tun Abdul Razak on Insider, 26 July 2015 (http://www.
8 July 2015 (https://najibrazak.com/bm/ themalaysianinsider.com/malaysia/
ii. the transfer of MYR2.6 billion blog/kenyataan-yab-dato-sri-mohd- article/despatch-rider-latest-to-be-
into the Prime Ministers najib-razak/). remanded-in-1mdb-probe).
personal bank accounts; and 8 Najibs lawyers ask WSJ for 14 Zahid: The Edge must be held
clarification, Free Malaysia responsible for inaccurate reports,
Today, 8 July 2015 (http://www. The Star Online, 24 August 2015
iii. the flow of MYR42 million from
f re e m a l a y s i a t o d a y. c o m / c a t e g o r y / (http://www.thestar.com.my/News/
SRC into the Prime Ministers nation/2015/07/08/najibs-lawyers-ask- Nation/2015/06/24/Zahid-on-incorrect-
personal bank accounts. wsj-for-clarification/). news-reports).
9 Dow Jones stands by WSJ reports, The 15 The Edge gets show-cause letter over
Notes Star, 8 July 2015 (http://www.thestar. 1MDB reports, MalaysiaKini, 1 July
1 Press statement entitled KENYATAAN com.my/News/Nation/2015/07/08/Dow- 2015, (http://www.malaysiakini.com/
MEDIA YB DATUK NUR JAZLAN Jones-stands-by-reports/). news/303691).
TAN SRI MOHAMED, PENGERUSI 10 Press statement entitled Media 16 The Edge wants Home Ministry to
JAWATANKUASA KIRA-KIRA WANG Statement: Special Task Force specify oending articles on 1MDB, The
NEGARA (PAC) PARLIMEN MALAYSIA Investigates Allegations of Funds Malay Mail Online, 1 July 2015 (http://

52 PRAXIS | JUL-DEC 2015

 EVENTS
www.themalaymailonline.com/malaysia/ The Malaysian Insider, 28 July 2015 in-todays-1mdb-sweep-say-sources).
article/the-edge-wants-home-ministry- ( h t t p : / / w w w. t h e m a l a y s i a n i n s i d e r. 37 Special Branch raids deputy public
to-specify-oending-articles-on-1mdb). com/malaysia/article/home-ministry- prosecutors oce at MACC for
17 Press statement entitled MCMC Sekat appoints-new-special-branch-director- 1MDB documents, The Malaysian
Laman Sesawang Yang Mengganggu- eective-today). Insider, 2 August 2015 (http://www.
gugat Kestabilan Negara, issued by 28 Malaysian PM reshues cabinet, themalaysianinsider.com/malaysia/
the Malaysian Communications and dumps deputy after 1MDB criticism, article/special-branch-raid-deputy-
Multimedia Commission on 19 July Reuters, 28 July 2015 (http://uk.reuters. public-prosecutors-oce-at-macc-for-
2015 (http://www.skmm.gov.my/Media/ com/article/2015/07/28/uk-malaysia- 1mdb-docum).
Press-Releases/MCMC-Sekat-Laman- politics-idUKKCN0Q206V20150728). 38 Police crackdown on MACC high-
Sesawang-Yang-Mengganggu-gugat- 29 PAC members elevation into handed, says Paul Low, The Malaysian
Ke.aspx). Cabinet puts 1MDB probe in doubt, Insider, 6 August 2015 (http://www.
18 How Jho Low & PetroSaudi schemed The Malaysian Insider, 28 July 2015 themalaysianinsider.com/malaysia/
to steal money from the people of ( h t t p : / / w w w. t h e m a l a y s i a n i n s i d e r. article/police-crackdown-on-macc-
Malaysia via 1MDB, The Edge Financial com/malaysia/article/pac-members- high-handed-says-paul-low).
Daily, 20 July 2015 (http://www. elevation-into-cabinet-puts-1mdb- 39 Allow MACC to do its work to allay
theedgemarkets.com/my/article/how- probe-in-doubt). public distrust, says commissions
jho-low-petrosaudi-schemed-steal- 30 Pandikar: No PAC hearing till new panel, The Malaysian Insider, 6 August
money-people-malaysia-1mdb). chair appointed, MalaysiaKini, 30 July 2015 (http://www.themalaysianinsider.
19 Pua and Rafizi barred from leaving 2015 (http://www.malaysiakini.com/ com/malaysia/article/allow-macc-to-
country, MalaysiaKini, 23 July news/306725). do-its-work-to-allay-public-distrust-
2015 (http://www.malaysiakini.com/ 31 Press statement entitled 1MDB: says-commissions-panel).
news/305833). MACC INDEPENDENT OVERSIGHT 40 Press statement entitled HASIL
20 The Edges boss faces travel ban, too PANELS WANT INVESTIGATION TO SIASATAN BERKAITAN DANA RM2.6
MalaysiaKini, 22 July 2015 (http://www. BE INDEPENDENT AND FREE FROM BILION, issued by the Malaysian Anti-
malaysiakini.com/news/305851). INTERFERENCE, issued by the five Corruption Commission on 3 August
21 (a) The Edge Weekly, daily suspended MACC Independent Oversight Panels 2015 (http://www.sprm.gov.my/files/
for 3 months from July 27, The on 29 July 2015 (http://www.sprm. HASIL%20DANA%20RM%202.6%20
Malaysian Insider, 24 July 2015 (http:// gov.my/files/1MDB%20MACCS%20 BILION.pdf).
w w w. t h e m a l a y s i a n i n s i d e r. c o m / O V E R S I G H T % 2 0 PA N E L S % 2 0 41 Press statement entitled PENJELASAN
malaysia/article/the-edge-weekly-daily- WANT%20INVESTIGATION%20TO%20 MENGENAI ISU DANA RM2.6 BILION
suspended-for-3-months-from-july-27). BE%20INDEPENDENT%20AND%20 DAN SIASATAN SRC INTERNATIONAL,
FREE%20FROM%20INTERFERENCE. issued by the Malaysian Anti-
(b) Letter from Kementerian Dalam pdf)
Negeri to Ketua Pengarang The Edge Corruption Commission on 5 August
Malaysia & The Edge Financial Daily 32 ARREST WARRANT FOR THE 2015 (http://www.sprm.gov.my/files/
dated 23 July 2015. PRIME MINISTER! - The Real Reason PENJELASAN%20MENGENAI%20
The Attorney General Was Fired - ISU%20DANA%20RM2.6%20
22 The Edge publisher fails to get stay EXCLUSIVE!, The Sarawak Report, 30 BILION%20DAN%20SIASATAN%20
on suspension order, The Malaysian July 2015 (http://www.sarawakreport. SRC%20INTERNATIONAL.pdf).
Insider, 14 August 2015 (http://www. org/2015/07/arrest-warrant-for-the-
themalaysianinsider.com/malaysia/ 42 Cops obtain arrest warrant for Sarawak
prime-minister-the-real-reason-the- Report founder, The Malay Mail
article/the-edge-publisher-fails-to-get- attorney-general-was-fired-exclusive/).
stay-on-suspension-order). Online, 4 August 2015 (http://www.
33 Malaysia says charge sheet against themalaymailonline.com/malaysia/
23 The Edges Ho Kay Tat summoned Najib is false, an attempt to topple article/cops-obtain-arrest-warrant-for-
for questioning over 1MDB reports, PM, Channel News Asia, 31 July 2015 sarawak-report-founder).
The Malay Mail Online, 23 July 2015 (http://www.channelnewsasia.com/
(http://www.themalaymailonline.com/ 43 No Red Notice on Clare Rewcastle-
news/asiapacific/malaysia-says-charge- Brown, Free Malaysia Today, 9 August
malaysia/article/the-edges-ho-kay-tat- shee/2021350.html).
summoned-for-questioning-over-1mdb- 2015 (http://www.freemalaysiatoday.
reports). 34 MACC lodges police report denying com/category/nation/2015/08/29/no-
draft charge sheet against Najib, The red-notice-on-clare-rewcastle-brown/).
24 The Edge group owner, publisher Malay Mail Online, 3 August 2015 (http://
summoned by police again, New Straits 44 1MDB special task force disbanded,
www.themalaymailonline.com/malaysia/ says MACC, The Malaysian
Times Online, 28 July 2015 article/macc-lodges-police-report-
(http://www.nst.com.my/news/2015/09/ Insider, 5 August 2015 (http://www.
denying-draft-charge-sheet-against- themalaysianinsider.com/malaysia/
e d g e - g ro u p - o w n e r- p u b l i s h e r- najib).
summoned-police-again). a r t i c l e / 1 m d b - s p e c i a l - t a s k - f o rc e -
35 Press release entitled SPRM disbanded-says-macc).
25 Muhyiddin reiterates 1MDB board NAFI PEGAWAI SPRM TERLIBAT
should be sacked, The Star 45 New task force minus MACC set
KONSPIRASI JATUHKAN KERAJAAN, up to probe 1MDB, Free Malaysia
Online YouTube Channel, 26 July issued by the Malaysian Anti-Corruption
2015 (https://www.youtube.com/ Today, 21 August 2015 (http://www.
Commission on 30 July 2015 (http:// f re e m a l a y s i a t o d a y. c o m / c a t e g o r y /
watch?t=21&v=ZqfYfUJrfYk). www.sprm.gov.my/files/SPRM%20 nation/2015/08/21/new-task-force-
26 Press statement entitled PELANTIKAN NAFI%20PEGAWAI%20SPRM%20 minus-macc-set-up-to-probe-1mdb/).
PEGUAM NEGARA MALAYSIA, T E R L I B AT % 2 0 K O N S P I R A S I % 2 0
issued by Tan Sri Dr Ali bin Hamsa on J AT U H K A N % 2 0 K E R A J A A N % 2 0 46 MACC excluded from new task force
27 July 2015 (http://www.pmo.gov. 300715.doc.pdf). probing 1MDB, MalaysiaKini, 20 August
my/ksn/dokumenattached/media_ 2015 (https://www.malaysiakini.com/
36 Police arrest DPP in todays 1MDB news/309333)
statement/files/KENYATAAN_AKHBAR_ sweep, The Malaysian Insider, 1 August
PELANTIKAN_PEGUAM_NEGARA.pdf). 2015 (http://www.themalaysianinsider. 47 Press statement entitled NATIONAL
27 Home Ministry appoints new Special com/malaysia/article/police-arrest-dpp- REVENUE RECOVERY ENFORCEMENT
Branch director eective today, TEAM (NRRET), issued by the Attorney

JUL-DEC 2015 | PRAXIS 53

 EVENTS
Generals Chambers on 25 August 2015 Channel, 12 August 2015 (https://www. 59 Certain parties helping witnesses in
(http://www.agc.gov.my/pdf/Latest%20 youtube.com/watch?v=eHCInPG9ChU). SRC probe hide abroad, says ex-SB
Info/press/PRESS%20RELEASE%20 54 RM2.6 billion donation to Najib not man, The Malaysian Insider, 23 August
N AT I O N A L % 2 0 R E V E N U E % 2 0 within Bank Negaras purview, says 2015 (http://www.themalaysianinsider.
RECOVERY%20ENFORCEMENT%20 Zeti, The Malaysian Insider, 13 August com/malaysia/article/certain-parties-
TEAM%20NRRET.pdf). 2015 (http://www.themalaysianinsider. helping-witnesses-in-src-probe-hide-
48 IGP: Cops postpone probe on MACC com/malaysia/article/rm2.6-billion- abroad-says-ex-sb-man).
info leak, Free Malaysia Today, 9 August donation-to-najib-not-within-bank- 60 Ex-SB deputy given two weeks to
2015 (http://www.freemalaysiatoday. negaras-purview-says-zeti). explain media remarks on transfer,
com/category/nation/2015/08/09/igp- 55 Now Special Branch deputy director Malay Mail Online, 3 September 2015,
cops-postpone-probe-on-macc-info- transferred to Prime Ministers (http://www.themalaymailonline.com/
leak/). Department, The Malaysian Insider, malaysia/article/ex-sb-deputy-given-
49 MACC says it again: Probe on 19 August 2015 (http://www. two-weeks-to-explain-media-remarks-
RM2.6b, SRC still ongoing, Malay Mail themalaysianinsider.com/malaysia/ on-transfer).
Online, 23 August 2015 (http://www. article/special-branch-deputy-director- 61 Former A-G ocer in 1MDB probe
themalaymailonline.com/malaysia/ gets-transfer-letter-after-weeks-of- faces deportation, The Star Online, 20
article/macc-says-it-again-probe-on- rumours). August 2015 (http://www.thestar.com.
rm2.6b-src-still-ongoing). 56 SB man to expose brains behind my/News/Nation/2015/08/20/ex-ag-
50 IGP: Bank Negara ocials probed 1MDB clampdown, Free Malaysia lawyer-faces-deportation/).
under FSA, MalaysiaKini, 13 August Today, 22 August 2015, (http://www. 62 Swimming against the tide to get to the
2015 (http://www.malaysiakini.com/ f re e m a l a y s i a t o d a y. c o m / c a t e g o r y / truth, The Star Online, 16 August 2015,
news/308474). nation/2015/08/22/sb-man-to-expose- (http://www.thestar.com.my/News/
51 IGP: Cops to question Bank Negara brains-behind-1mdb-clampdown/). Nation/2015/08/16/Swimming-against-
ocers next over Sarawak Report info 57 Man wanted by MACC in SRC probe the-tide-to-get-to-the-truth-Barisan-
leak, Malay Mail Online, 1 August 2015 hiding in New Zealand, ex-SB deputy Nasional-strategic-communications-
(http://www.themalaymailonline.com/ claims, Malay Mail Online, 23 August director-Da/).
malaysia/article/igp-cops-to-question- 2015 (http://www.themalaymailonline. 63 HANGAT! Tun Dr Mahathir sertai Bersih
b a n k - n e g a r a - o f f i c e r s - n e x t - o v e r- com/malaysia/article/man-wanted- 4, Taiping kiniTV YouTube Channel, 30
sarawak-report-info-lea). by-macc-in-src-probe-hiding-in-new- August 2015 (https://www.youtube.
52 1MDB: Probe by Bank Negara done, zealand-ex-sb-deputy-claims). com/watch?v=l_mKmWFHuho).
says Zeti, Astro Awani, 13 August 58 Ex-Special Branch No. 2 finally receives 64 PMs Anonymous Donation Was
2015 (http://english.astroawani.com/ letter from Bukit Aman, The Malaysian Transferred Back To Singapore! MAJOR
malaysia-news/1mdb-probe-bank- Insider, 2 September 2015 (http://www. EXCLUSIVE, Sarawak Report, 14
negara-done-says-zeti-69652, on 3 themalaysianinsider.com/malaysia/ August 2015 (http://www.sarawakreport.
September 2015). article/ex-special-branch-no.-2-finally- org/2015/08/pms-anonymous-
53 Dr Zeti: Bank Negaras 1MDB probe receives-show-cause-letter). donation-was-transferred-back-to-
finished, The Star Online YouTube singapore-major-exclusive/).

Appendix A: Action Against MACC by the Authorities

1. On 4 August 2015, it was reported Datuk IG Chandran; and Ocer in to the investigation into SRC (and
that the MACC held a special solat the Special Operations Division, who had protested that hidden
hajat session to pray for MACC Tuan Roslan Tuan Mat. 3 The police hands6 were behind the arrests
sta, their families, their community reportedly arrested two ocers of MACC ocers), and Strategic
and for a corruption-free country.1 who were investigating the SRC, Communications Director Datuk
who were subsequently released. Rohaizad Yaacob were abruptly
2. On 5 August 2015, MACC Special In addition, the police raided transferred into the Prime Ministers
Operations Division Director Dato the MACCs Special Operations Department.7 The transfer orders
Haji Bahri Mohamad Zin reportedly Division and reportedly removed were subsequently rescinded on
said that he was baed by the arrest documents from the possession of 10 August 2015 after widespread
of Deputy Public Prosecutor Ahmad MACC personnel.4 criticism. The two ocers were
Sazilee Abdul Khairi, and raised the reinstated to their previous positions
ominous spectre of hidden hands 4. On 5 August 2015, MACC Deputy in MACC.8
at work. He also reportedly said, Chief Commissioner (Prevention),
You may have (political) powers, Datuk Hj Mustafar Ali, was reported Notes
but I have Allah.2 to have said that when action is 1 MACC holds solat hajat for their
taken on an investigating ocer sta, The Star Online, 4 August 2015
3. As at 5 August 2015, the police [during an ongoing investigation], (http://www.thestar.com.my/News/
had questioned senior MACC it somewhat jeopardises the Nation/2015/08/04/MACC-prayers-
recent-events/).
ocers, including Director of the investigation.5
Special Operations Division, Dato 2 MACC director: By God, Ill find
the culprits, Malaysiakini, 5 August
Haji Bahri Mohamad Zin; Deputy 5. On 7 August 2015, two MACC
2015 (http://www.malaysiakini.com/
Director of the Special Operations ocers, Director of Special news/307499).
Division, Datuk Tan Kang Sai; Operations Division, Dato Haji
3 (a) MACC Special Operations deputy
Director of the Forensic Division, Bahri Mohamad Zin, who was key director hauled up over 1MDB probe,

54 PRAXIS | JUL-DEC 2015

 EVENTS
Astro Awani, 5 August 2015 (http:// (www.malaysiakini.com/news/307509). 7 Two MACC directors transferred to
english.astroawani.com/malaysia- 5 Arrest of MACC ocers jeopardises PMs Department over disciplinary
news/macc-special-operations- investigation MACC deputy chief, issues, source confirms, MalayMail
deputy-director-hauled-over-1mdb- Astro Awani, 6 August 2015 (http:// Online, 7 August 2015 (http://www.
probe-68562). english.astroawani.com/malaysia-news/ themalaymailonline.com/malaysia/
(b) Another two MACC ocers give arrest-macc-officers-jeopardises- article/two-macc-directors-transferred-
police statements, The Star Online, 4 investigation-macc-deputy- to-pms-department-over-disciplinary-
August 2015 (http://www.thestar.com. chief-68650). issues-s).
my/News/Nation/2015/08/04/1mdb- 6 Hidden hands behind arrests, hints 8 Reinstated Two directors remain in
two-more-macc-officers-give- MACC man, MalaysiaKini, 8 August MACC, The Star Online, 10 August
statements-to-police/). 2015 (http://www.malaysiakini.com/ 2015 (http://www.thestar.com.my/
4 Cops disrupted or SRC probe, decries news/307222). News/Nation/2015/08/10/MACC-
MACC, MalaysiaKini, 6 August 2015 ocers-transfer/).

Appendix B: Donations
1. The Minister in the Prime Ministers supporters to help them in political than us. Not like the US that can
Department, Dato Seri Azalina binti works So theres nothing to prohibit influence us. He went on to state
Dato Othman Said was reported, on an individual from receiving it as long that this is just a brotherly nation
31 July 2015,1 to have said: as he receives it in trust for the party. which wants to see certain parties win
in the general election because we
Bagi saya kalau orang derma duit Khairy Jamaluddin was further are friendly to them. Theres nothing
kat saya suruh jaga anda semua dan reported to have said that he was wrong. He also said that the money
simpan atas nama saya, itu hubungan made to understand the contribution [was] a donation for the election.8
saya dengan penderma apa came from supporters and donors.
salahnya. We hold to MACCs statement that 7. A statement by UMNO Kuantan
the donation came from one donor division chief, Dato Wan Adnan bin
Kecuali orang kata, Datuk saya and supporter.5 Wan Mamat, saying that the money
derma duit ini untuk Umno, untuk was a form of appreciation to Malaysia
Parlimen, untuk NGO, saya kena ikut 4. A statement by Member of Parliament stating that [i]t was an appreciation
cakap penderma. for Johor Bahru, Tan Sri Datuk Seri to Malaysia for championing Islam
Shahrir bin Abdul Samad who, in and for practising Sunni Islam (Ahli
Dalam isu duit (RM2.67 bilion), saya a report dated 8 August 2015,6 in Sunnah Wal Jamaah), as reported on
tak melihatnya sebagai isu besar response to questions posed by the 17 August 2015.9
bagi saya itu budi bicara orang yang Chief Minister of Johor, Datuk Seri
derma duit,. Khaled Nordins son, Akmal Saufi, 8. Deputy Prime Minister and Minister
was reported to have said: of Home Aairs, Dato Seri Dr Ahmad
2. The Minister for Urban Wellbeing, Zahid bin Hamidi confirmed, in a
Housing and Local Government, As stated by MACC, the money report dated 22 August 2015, that
Datuk Haji Abdul Rahman bin Haji was a donation. Were these donations the donation was from the Middle
Dahlan was reported, on 1 August contributed to the government, East because I saw the documents
2015,2 to have said: for UMNOs purpose or personal and met with the chief investment
purposes? ocer of the donor and the financial
I wish to inform that the Umno trustee of the family of the donor. As
constitution provides for the party Answer: For politics - UMNO and to why the money was donated to
president to have a trust account on BN... Malaysia, he added, He gave three
behalf of the party. It is not impossible . reasons the first because Malaysia
or surprising if the (current) Umno is fully committed to anti-terrorism
president and previous presidents 5. Further statements made by Datuk and Malaysia had the Prevention
have a trust account for the party. Abdul Rahman Dahlan in a report of Terrorism Act (POTA), the Penal
dated 11 August 2015 state that Code and the Security Oences
It was further reported that Datuk there are donors out there who (Special Measures) Act 2012, as we
Abdul Rahman Dahlan and fellow believe in certain objective that they do not want terrorists to disrupt (the
party members felt more confident want to donate and in this case, they nation).10
with the donations being placed in the donated to UMNO. He added, [t]hey
presidents account as it was safer (donors) do want orang kampong 9. A statement by the Deputy Minister
there, further stating, in fact it is the houses and rural roads to be fixed, of Transport, Datuk Abdul Aziz bin
responsibility of the party president to giving better access to education and Kaprawi, who claimed that DAP was
find funds for party activities.3 raise the quality of lives.7 funded by the Jews during the 13th
General Election in 2013, saying [i]f
3. The Minister for Youth and Sports, 6. The Minister of Tourism and Culture, we loose [sic], DAP will be in power.
Khairy Jamaluddin was reported, on Dato Seri Mohamed Nazri bin Abdul DAP with its Jewish funds will control
4 August 2015,4 to have said: Aziz, stated in a report dated 11 the country. He then went on to say
August 2015, that [t]he donation that it was [b]ased on this fact, [that]
Not only Umno and BN, every was given to us by a friendly nation, our friends in the Middle East saw the
politician receive donations from their a nation which is not much stronger Jewish threat through DAP.11

JUL-DEC 2015 | PRAXIS 55

 EVENTS
10. According to Kepong UMNO Division 2015 (http://www.thestar.com.my/ themalaysianinsider.com/malaysia/
Chief, Datuk Haji Rizuan bin Abdul News/Nation/2015/08/04/rahman- article/donation-came-from-brotherly-
Hamid, in a report dated 23 August dahlan-umno-members-agree-funding- nation-says-nazri).
2015, the donation was donated by goes-to-president-account/). 9 Najibs RM2.6 billion is from Saudi
an Arab king and prince, stating that 4 No law against political donations Arabia as thanks for fighting Isis,
it was because of the Prime Ministers in Malaysia, Khairy says, MalayMail claims Umno leader, The Malaysian
anti-Jewish stance that the Arab royal Online, 4 August 2015 (http://www. Insider, 16 August 2015 (http://www.
themalaymailonline.com/malaysia/ themalaysianinsider.com/malaysia/
family decided to make the large
article/no-law-against-political- article/najibs-rm2.6-billion-is-from-
contribution. He went on to state that donations-in-malaysia-khairy-says). saudi-arabia-as-thanks-for-fighting-isis-
it was [b]ecause of that, the Arab claim).
5 Khairy: RM2.6b came from supporters,
king, Arab prince generously made
Malaysiakini, 4 August 2015 (http://www. 10 Zahid: RM2.6b donation was for Msias
the political donation for use during malaysiakini.com/news/307272). anti-terrorism eorts, The Sun Daily, 22
the 13th general election.12 August 2015 (http://www.thesundaily.
6 RM2.6 billion donation: Shahrir
responds 15 questions by Johor MBs my/news/1527589).
Notes son, Astro Awani, 8 August 2015 (http:// 11 RM2.6b donation given is help UMNO
1 RM2.6 billion masuk akaun Najib bukan english.astroawani.com/malaysia- fight Jewish influenced DAP Aziz
isu besar, kata menteri, The Malaysian news/rm2-6-billion-donation-shahrir- Kaprawi, Astro Awani, 22 August
Insider, 31 July 2015 (http://www. responds-15-questions-johor-mbs- 2015 (http://english.astroawani.com/
themalaysianinsider.com/bahasa/article/ son-68947). malaysia-news/rm2-6b-donation-given-
rm2.6-bilion-masuk-akaun-najib-bukan- 7 Abdul Rahman defends RM2.6b help-umno-fight-jewish-influenced-dap-
isu-besar-kata-menteri). donation by overseas donors to Umno aziz-kaprawi-70842).
2 Umno allows trust account under president, The Sun Daily, 11 August 12 RM2.6b a political donation from Arab
presidents name, Malaysiakini, 1 2015 (http://www.thesundaily.my/ king, prince, Umno leader reveals,
August 2015 (http://www.malaysiakini. news/1516733). The Malay Mail Online, 23 August 2015
com/news/306984). 8 Donation came from brotherly (http://www.themalaymailonline.com/
3 Rahman: Safer if funds in Najibs nation, says Nazri, The Malaysian malaysia/article/rm2.6b-a-political-
account, The Star Online, 4 August Insider, 11 August 2015 (http://www. donation-from-arab-king-prince-umno-
leader-reveals).

56 PRAXIS | JUL-DEC 2015

 LIFESTYLE

Paving the Way for a Crime-Free Malaysia

people really opened my eyes that we
can do so much in improving matters.
It just shows that although we think
society is getting more selfish, there
is a silver lining on how much we can
achieve if we all took the eort to help
each other, continued Yip.

Darren Lai recalled the first Safer

Malaysia meeting that he attended,
which was held at Old Town White
Coee where he met Auntie Eileen
(Eileen Lim Thong), Mark Soh and Fong
Peng Lim all concerned citizens who
came together from dierent walks of
life to achieve a change.
Safer Malaysias Candlelight Vigil outside the Bar Council building, 27 Apr 2013
Buoyed by the encouraging response
from the public, Safer Malaysia
Living in fear is not living. With that We should stop blaming the victim embarked on training programmes to
realisation in mind, coupled with the and start to ask why did the crime educate the public on their handbook,
feeling of helplessness of seeing loved happen and how do we prevent it from called the Rakyat Module.
ones becoming victims of crime, as well happening. That would be a better
as the unending and constant news solution, added Richard Wee. In short, Sarah expounded: If we can activate
reports of crime occurrences, the Safer Safer Malaysia strongly advocates the the mind of just one person, that person
Malaysia Committee (Safer Malaysia) messages Dont Rob instead of Dont can be an agent of change who will
was birthed. Helmed by a group of Get Robbed; Dont Rape instead of tell their friends. It is just like throwing
lawyers, the very life of this committee Dont Get Raped. This is the basis of a pebble into the water; two or three
revolves around the participation of the Safer Malaysia, Richard Wee said. pebbles are enough to create a ripple.
general public in a collective eort to Another example would be Facebook
fight crime. Crimes often thrive under the cover of pages. It is clear to see that the eect
darkness, but where there is light, there of one persons post can become viral
The group of lawyers who helm this is hope and evildoers are exposed. almost instantly, and subsequently
committee whether they chose the As philosophical as it may sound, become a force to be reckoned with; a
legal profession out of custom, the Safer Malaysia traces its beginnings force that could aect change; a force to
desire to correct injustice, as an act to a purchase of a 20 sen candle for a make the Government take action.
of rebellion, or passion for logical and candlelight vigil which was organised by
legal strategising, or even out of the Richard Wee and Yip, and took place on The Rakyat Module encapsulates the
influence of a music teacher the idea 27 Apr 2013. That simple purchase lit three principles of Vigilance, Deterrence
of contributing to a safer Malaysia where the path for Darren Lai to join this group and Prevention, which is widely
her people are able to walk without fear, (it was not a committee then), which advocated by Safer Malaysia during
drew them to join Safer Malaysia. These culminated in him becoming the current their training sessions. According to
unsung heroes Darren Lai, Saha Co-Chairperson of Safer Malaysia. Well them, Vigilance is what we can do
Deva, Sarah Kambali, Richard Wee, worth the 20 sen spent for providing to protect ourselves from becoming
and Yip Huen Weng are the lawyers Darren with a candle, quipped Yip. victims of crime; while Deterrence is
who uphold the highest law by ensuring the co-operation between each vigilant
the safety of Malaysians through Safer In the beginning we had no clout, and person to create a deterrence to the
Malaysia. nobody paid attention to us. Although occurrences of crime. Lastly, Prevention
the candlelight vigil led to Safer Malaysia is the importance of policy changes and
So, what led to the birth of Safer being interviewed by the papers, it was education, as well as the promotion of
Malaysia? only until Bar Council adopted Safer expanding the study of criminology, in
Malaysia that it all took o, noted Yip. order to find the root cause of a person
In the words of Richard Wee, the idea becoming a criminal and stopping that
was to stop Botak Chin from becoming We forget that as lawyers we have the process before it happens.
Botak Chin. The logic was that there is means and access to make a change,
no use just complaining about the state but for lay people they need an avenue Apart from conducting training, Safer
of things, and it is better to have a plan to make a change. With Safer Malaysia, Malaysia has worked alongside the
to change the way things are done with we can see that people make their own National Defence University of Malaysia
regard to crime-fighting. eort and sacrifice their time, even (Universiti Pertahanan Nasional
though they have full time jobs. These

JUL-DEC 2015 | PRAXIS 57

 LIFESTYLE
the firm. Co-finding a firm and partners
in crime-fighting, they have mastered
the art of good partnership with respect
and gratitude for each other.

For Sarah, her motivation to work on

the Safer Malaysia projects comes from
finding time. She said: It is where there
is a will that there is a way. You have
to organise your time and the timelines,
put across what needs to be done, and
ensure that the members are synergised
and synced accordingly.

There speaks the conveyancing

lawyer, Saha joked, but also noted
that Sarah is the one who gets things
organised and up to speed. Indeed,
even getting these practising lawyers in
one room is no mean feat, even with the
assistance of technology. That is how
busy they are.

Despite their hectic schedules, their

commitment to Safer Malaysia is never
diminished. Darren Lai noted: We
understand how legal practice can
be overbearing sometimes, but dont
let work drown you out. If you are
passionate about a cause, take the time
out and work on it, and you will find that
legal practice is not all about staying
back late in the oce and working
overtime. There is a bigger picture to
being a Member of the Bar. So, to those
The first-ever Safer Malaysia Conference, titled Crime Prevention is Everyones Business, held
who are interested to join us, just follow
at National Defence University of Malaysia, 22 Jan 2015
your passion and you can help make
Malaysia a safer place.
Malaysia) to organise the first-ever our proposal can turn things around,
Safer Malaysia Conference, on 22 Jan and that is a testament to our work, and KS Shasha
2015. The conference was a success, how we have played a part. Advocate and Solicitor
and it was attended by the relevant
government departments, Prison Although Safer Malaysia provides a
Department of Malaysia, Royal Malaysia path for those who are interested in
Police (Polis Diraja Malaysia, PDRM), their cause, it is merely a platform for Any individual who wishes to join
Malaysian Armed Forces, town people who wish to make Malaysia safe. Safer Malaysia or contribute to make
planning units of Jabatan Perancangan Safer Malaysia would not be possible Malaysia a safer place to live in, may
Pembangunan and Majlis Bandaraya if not for the people of Safer Malaysia. contact Sarah Kambali from Messrs
Petaling Jaya, and others. They all run on pure passion; they are Richard Wee & Yip or Anusha Gopala
people who genuinely want to make a Krishnan from Bar Council via email
Saha reminisced: It is amazing that, dierence, noted Saha. at safermsia@gmail.com. You may
as young as Safer Malaysia is, we not also visit Safer Malaysias Facebook
only managed to reach out to such The same can also be said of the lawyers page at https://www.facebook.com/
departments, and get them all in one who drive Safer Malaysia. Juggling
SaferMalaysia?fref=ts.
place to hear what Safer Malaysia had legal practice with commitments to the
to say, but also, the measures proposed committee, Yip sheepishly admitted
in our memorandum, as well as the that he totally failed in this aspect
principles of Vigilance, Deterrence and as his involvement in Safer Malaysia
Prevention, were adopted. diminishes as the years go by. But
Richard pointed out that Yip was the
Richard Wee added: We have seen co-founder of Safer Malaysia, and while
some of our ideas being adopted by the he was heavily involved with Safer
police, which is good, as it is proven that Malaysia, Yip on the hand, held fort at

58 PRAXIS | JUL-DEC 2015

 LIFESTYLE

Safer Malaysia Committee

Co-Chairpersons: Richard Wee Thiam Seng

Darren Lai Xuenwei
Deputy Chairperson: Sarah Kambali
Ocer-in-Charge: Anusha Gopala Krishnan

The Safer Malaysia Committee (Safer Malaysia) is a unique committee as it was originally a
community project established back in June 2012. The community project was the brainchild
of a few concerned individuals who were determined to counter the menace of crime which
seemed to be rapidly increasing by the day. The project became a full-fledged committee when
Bar Council adopted it in March 2013. Today, Safer Malaysia subcommittees are established in
most states, including Malacca, Perlis, Perak, Kedah and Pahang.

Safer Malaysia is an initiative to push for security reforms within the country, and to help
Malaysians reclaim the ownership of safety in Malaysia. This Committee was specifically set up
to propose suggestions on ways to curb crime eectively. The ultimate goal of this Committee is
to make Malaysia a safer place, and the committee is robustly thriving to achieve this.

Safer Malaysia also oers ideas to minimise the opportunities of crime. This includes awareness
campaigns and dialogues with the relevant government authorities to stop the criminal itself.
One of our themes is Stop the criminal, and we stop the crime.

Among the initiatives taken to battle crime is by educating the younger generation on delinquency
and crime. Safer Malaysia has embarked on a project with emphasis on educating children about
crime, and it aims to promote safety awareness in children through this project, called Safer
Malaysia Kids. Among others, Safer Malaysia Kids oers guidance for parents, and provides
information and solutions to common crimes against children. Parents are also given handy
safety tips as well as pointers on how to eectively exercise parental control.

The long-term goals of Safer Malaysia Kids are to introduce crime awareness in schools across
the country to educate children on crime, and to raise crime awareness among this group. The
final objective is to convince the Ministry of Education to adopt this project and implement it
on a national level so that crime awareness can be raised among students. The Performance
Management and Delivery Unit under the Prime Ministers Department (PEMANDU) is working
very closely with Safer Malaysia to make this project a reality.

In addition, Safer Malaysia carries out various activities and events with diverse sections of the
Malaysian community all over the country, including holding forums and workshops, to promote
crime awareness.

JUL-DEC 2015 | PRAXIS 59

 CASE NOTES HIGHLIGHTS FROM THE FEDERAL COURT

Case Notes Highlights from the Federal Court

Tort: Duty of Care Pure could not have reasonably foreseen Pursuant to the agreements, Mr
Economic Loss that the delay in the submission of Looh was to, amongst others, secure
the building plans would cause the the requisite approval for the said
The Federal Court in Loh Kok Beng Appellants the financial loss that they telecommunications licence, and invest
& Ors v Loh Chiak Eong & 1 Other claimed. Further, Zainun Ali FCJ found RM1 million in Magic for 35% of its
(Civil Appeal No: 02(f)-4-02/2013) was that the matters that occasioned the shares. Conversely, Numix agreed to
required to decide if a project architect delay were not within the scope of duty approve a budget of RM1 million for Mr
owed a duty of care to the purchasers of of the Respondents but were rather Loohs future utilisation at his discretion
units in a building project and was liable obligations required of the developer (ie and, further, transfer its satellite
to them for the financial loss caused by the securing of the CFO for the units and transmission business to Magic.
his alleged negligence. the matters that gave rise to the required
amendments to the building plans). Mr Looh failed to fulfil his obligations
The Appellants were the purchasers under the agreements and Magic was
of industrial units in a building project. The appeal was also dismissed on the thereafter placed in a critical financial
They each entered into a sale and grounds that it was improper to allow condition. The shareholders and
purchase agreement with the developer an action against an architect if the directors of Numix, at the instance of
(the SPAs). The Respondents were remedy sought by the purchaser was Mr Looh, then issued 4 million shares in
appointed as the project architects by contractually provided for in the sale and Magic to a company named Sejahtera
the developer and, under the SPAs, they purchase agreement with the developer. Saluran Sdn Bhd (Sejahtera) for the
were required to prepare and submit the Further, it was observed that it would latters grant of a RM4 million loan to
building plans for the project. The SPAs not be fair, just and reasonable under Magic. Sejahtera then requisitioned an
also provided that vacant possession of the Caparo principle (Caparo Industries Extraordinary General Meeting (EGM)
the units was to be delivered within 24 Plc v Dickman [1990] 2 AC 605) to to appoint two additional directors
months from the date of the approval impose a liability for economic loss on to the Board of Directors of Magic.
of the building plans. There was a professionals acting under a contract. Numix and its directors opposed these
delay of eight years in the delivery of appointments.
vacant possession. This was caused Company Law: Scope of an
by amendments that were made to the Oppression Petition under Accordingly, Numix and its directors filed
building plans and also the delay in the Section 181 of the Companies an oppression petition against Mr Looh
Department of Environments (DOE) Act 1965 and Sejahtera, seeking a declaration
grant of the Certificate of Fitness for that the allotment of the 4 million shares
Occupation (CFO) for the units. In Looh Siong Chee v Numix to Sejahtera was void, and further, to
Engineering Sdn Bhd & 2 Ors (Civil injunct Mr Looh and Sejahtera from
The Appellants sued the Respondents in Appeal No: 02(f)-75-10/2012 and Civil taking further steps in the conduct of the
negligence for causing the delay. The Appeal No.: 02(f)-77-10/2012) and aairs of Magic.
relief claimed by the Appellants were Sejahtera Saluran Sdn Bhd v Numix
purely financial in nature and it included Engineering Sdn Bhd & 2 Ors (Civil In turn, Mr Looh and Sejahtera filed a
loss of rental profits, loss of use of the Appeal No: 02(f)-76-10/2012 and Civil civil suit against Numix and its directors
units and the costs that they incurred for Appeal No: 02(f)-78-10/2012), the claiming specific performance of the
having to use alternative buildings. In Federal Court was invited to reconsider agreements.
response, the Respondents argued that the applicable test for an oppression
they were not the cause of the delay and, petition under section 181 of the The High Court allowed the oppression
further, that they should not be under a Companies Act 1965 in view of recent petition and dismissed the civil suit. In
duty of care to the Appellants to deliver developments in the law of oppression this regard, the High Court found that the
vacant possession within the stipulated in England. allotment of the 4 million shares to Magic,
period under the SPAs, to which they at the instigation of Mr Looh, amounted
were not a party. The appeals arose from an oppression to an act of oppression under section
petition and a related civil suit that 181 as it diluted Numixs shareholding
The High Court found the Respondents were jointly heard by the High Court. in Magic from 65% to 13%. Further, it
liable for the delay in the completion The actions resulted from the breach was held that the appointment of the
of the project. The Court of Appeal of a set of agreements entered into two additional directors was prejudicial
reversed the High Courts decision and between one Looh Siong Chee (Mr to the rights of Numix and its directors
held that there was no duty of care owed Looh), Numix Engineering Sdn Bhd as members of Magic, as it eectively
by the Respondents to the Appellants (Numix), and Magic Telecom Sdn wrested control of the company away
and, further, that the Respondents were Bhd (Magic), which was a subsidiary from them to Sejahtera. The High
not liable for the financial loss suered of Numix. The agreements were Court thereafter ordered that Magic be
by the Appellants. executed to enable Mr Looh to assist wound up. The Court of Appeal upheld
Numix with its application to procure a the findings of the High Court, and Mr
The Federal Court dismissed the appeal particular telecommunications licence Looh and Sejahtera were subsequently
and decided that the Respondents for its satellite transmission business. granted leave to appeal to the Federal
Court.
60 PRAXIS | JUL-DEC 2015
 CASE NOTES HIGHLIGHTS FROM THE FEDERAL COURT
On appeal, Mr Looh and Sejahtera The appeal in Poraviappan a/l forgery, the sustainability of a consent
argued that the test for what constitutes Arunasalam Pillay v Periasamy a/l order for the sale of estate property
oppressive conduct under section Sithambaram Pillai & 1 Other (Civil where an interpleader summons1 that
181 should be redefined in the light of Appeal No: 02(f)-6-02/2013) concerned challenged the legitimacy of the sale
recent developments in the English the validity of the sale of estate property had not been disclosed to the Court
law of oppression. This, it was argued, pursuant to a consent order entered and, further, the propriety of a sale of
would result in the breaches of private into by the legal representative of the estate property under sections 39 (which
shareholder agreements, such as the deceased. relates to the vesting of property of an
impugned conduct in the instant case, intestate) and 60 of the Probate and
being deemed to be beyond the scope In 1982, one Mr Nadarajah died Administration Act 1960 (which relates
of reviewable conduct under section intestate. Among his assets were an in part to the sale of estate property by
181. oil palm and coconut estate in Teluk an administrator of an estate) without an
Bharu, Perak. In August 1983, the empowering court order.
The Federal Court dismissed the appeals Appellant, who was the brother in
and held that the recent developments law of Mr Nadarajahs only nephew, The Federal Court dismissed the appeal.
in the English law of oppression had obtained Letters of Administration over In so doing, it was held that the first
been previously examined in full in the Mr Nadarajahs estate. Subsequently, in Respondent had not consented to the
context of a section 181 oppression 1984, the first Respondent, who was Mr sale of the oil palm and coconut estate as
petition in the Federal Court cases of Nadarajahs younger brother, produced the executor of Mr Nadarajahs Will, but
Pan-Pacific Construction Ltd v Ngiu an alleged Will of Mr Nadarajah wherein rather as the legal representative of his
Kee Corporation (M) Bhd [2010] 6 CLJ he was named as the Executor and a estate. In this regard, the Federal Court
721 and Jet-Tech Materials Sdn Bhd beneficiary of the estate. This led to the noted that Madam Ponnamals suit (in
v Yushiro Chemical Industry Co Ltd first Respondent obtaining a grant of which the Consent Order was entered)
[2013] 2 CLJ 277. probate over the estate of Mr Nadarajah included a prayer for an order to appoint
in August of 1984. Then, in 1997, in the first Respondent to represent Mr
Further, it was observed that section separate proceedings, the Federal Court Nadarajahs estate (under Order 15 Rule
994 of the United Kingdoms Companies declared the Will to be a forgery and 6A of the Rules of the High Court 1980).
Act 2006 (which formed part of the thereby revoked the probate obtained Therefore, Madam Ponnamals suit
English developments upon which the by the first Respondent. was not predicated on Mr Nadarajahs
Appellants relied in the appeals) was Will or the probate obtained by the first
not in pari materia with (or identical Now, in February 1982, Mr Nadarajah Respondent (both of which had been
to) Malaysias section 181. Therefore, had entered into an agreement with revoked by the Federal Court in 1997).
Apandi Ali FCJ (as he then was) held it to one Madam Ponnamal pursuant to Accordingly, the Federal Court found it
be improper to transpose the legal tests which the oil palm and coconut estate unnecessary to answer the questions
connected with the United Kingdoms was to be transferred to the latter (the of law that pertained to the forged Will
section 994 onto Malaysias statutory sale agreement). Following the death or the propriety of the sale under the
law of oppression as contained in of Mr Nadarajah, Madam Ponnamal Probate and Administration Act 1960.
section 181. commenced a suit against the first
Respondent and her former solicitors On the question of the non-disclosure of
The Federal Court proceeded to arm seeking specific performance of the the interpleader summons, Ahmad Haji
the operative test to be that under Re sale agreement. In 1985, the first Maarop FCJ held, amongst others, that
Kong Thai Sawmill (Miri) Sdn Bhd Respondent entered into a consent order the Appellant had not pleaded the said
v Ling Beng Sung [1978] 2 MLJ 227 under which the oil palm and coconut non-disclosure as a separate and/or
and that fairness was commercial estate was to be transferred to Madam alternative ground to nullify the Consent
fairness as defined by Homann LJ Ponnamal (the Consent Order). Order in the High Court suit.
(later Lord Homann) in Re Saul D
Harrison & Sons Plc [1995] 1 BCLC 14. In 1985, the Appellant filed the instant suit Gregory Das
to, amongst others, seek a declaration Advocate and Solicitor
Lastly, the Federal Court decided that the Consent Order was a nullity and Messrs Shook Lin & Bok
against interfering with the concurrent that the sale agreement was a sham
findings of fact of the High Court and and, further, that the Respondents be Note
the Court of Appeal on the oppressive ordered to deliver the title and transfer 1 Where a defendant to a suit files a
conduct that led to the decision to wind documents related to the oil palm and summons against multiple claimants
up Magic in the case. coconut estate. to determine the issue of ownership of
goods or the proceeds from a sale.
Probate and Administration: The High Court dismissed the Appellants
Sale of Estate Property Pursuant claim and the Court of Appeal armed
to an Impugned Consent Order the High Courts decision. The
Sections 39 and 60 of the Appellant was granted leave to appeal
Probate and Administration Act on questions of law that related to the
1960 Validity of Sale of Estate validity of the consent for the sale of
Property Pursuant to a Will estate property under a will that has
Declared to be a Forgery subsequently been declared to be a

JUL-DEC 2015 | PRAXIS 61

 STATE BAR NEWS
Seminar on Milestone Cases in
Johore Bar
the North vs South Johore Bar Games
2015 on 6 June 2015 at Batu Pahat, after Malaysian Land Law
the event went on hiatus in 2007. Five
Committee games were played namely golf, netball,
futsal, table tennis and badminton.
The Johore Bar Continuing Professional
Development (CPD) Committee organised a
seminar that was conducted by Sudharsanan
Seminar on Family Law The games ended with a prize-giving Thillainathan on 11 June 2015 at the Johore
ceremony, followed by high tea at Bar Auditorium. A total of 90 participants
On 9 Apr 2015, the Johore Bar Continuing Pinetree Hotel in Batu Pahat, Johore. attended.
Professional Development (CPD)
Committee, together with the Bar Council Advocacy Training Course
CPD Department, jointly organised a
seminar on Family Law as part of the CPD On 12 and 13 June 2015, the Advocacy Training Course (ATC) was conducted at the
Regional Training Series. Pushpa Ratnam Johor Bahru Court Complex. Jointly organised with the Bar Council Continuing Professional
was the invited speaker and she gave a Development (CPD) Department, the ATC saw the participation of eleven members. The
lively and engaging talk to members of the trainers involved were Shahareen Begum, Ooi Huey Miin, Jaspal Singh and T Sudhar.
Johore Bar. A total of 33 participants were
present.

Seminar for Lawyers on

Managing Office and Client
Account(s)

On 8 May 2015, the Johore Bar Continuing

Professional Development (CPD)
Committee organised a seminar for
lawyers on Managing Oce and Client
Account(s). Presented by Lim Kien Chai@
KC, the seminar was held at the Johore Bar Group photograph of the members and trainers involved in the ATC
Auditorium with a total attendance of 90
participants. Naming Ceremony of the Johore Bar Auditorium

Talk on Procedures in The Johore Bar held a naming ceremony of its auditorium on 15 June 2015. The Johore
Industrial Court Bar Auditorium was renamed the Abdullah A Rahman Auditorium, after the late Abdullah A
Rahman who was the longest serving Chairman of the Johore Bar, and the first Chairman of
On 12 May 2015, the Johore Bar Continuing the Johore Bar who was elected as President of the Malaysian Bar.
Professional Development (CPD)
Committee invited Tuan Roslan b Mat Nor, The ceremony was graced by his family and past Chairmen of the Johore Bar. S Balarajah
Chairman of the Industrial Court of Malaysia, gave a citation for the late Abdullah A Rahman, and Steven Thiru, President of the Malaysian
Johor Bahru, to give a talk on Procedures Bar, ociated the ceremony.
in Industrial Court to members of the
Johore Bar. The talk drew the attendance
of 30 participants.

Seminar on Technology for Law

Firms: Revised To Cover GST
Accounting

The Johore Bar Continuing Professional

Development (CPD) Committee organised
the above seminar on two dierent dates.
Conducted by Ng Sheau Feng, the first Family members of the late Abdullah A Rahman (middle) stand with members of the Johore
instalment of the seminar took place at Bar at the naming ceremony
Hotel Pelangi in Muar, Johore, on 27 May
2015, while the other instalment was held at Public Forum on the Prevention speakers Steven Thiru, President of
the Johore Bar Auditorium on 28 May 2015. of Terrorism Act 2015 (Revival the Malaysian Bar; Yeo Yang Poh, Past
The total number of participants in Muar of ISA?); and Amendments to the President of the Malaysian Bar; and
was 70, and 90 participants in Johor Bahru. Sedition Act 1948 Syahredzan Johan, Co-Chairperson of
the Bar Council National Young Lawyers
North vs South Johore Bar On 15 June 2015, the Johore Bar Committee. The forum was moderated
Games 2015 Human Rights Sub Committee and Bar by R Jayabalan, Chairman of Johore Bar.
Council, jointly organised the above The forum kicked o at 5:30 pm with a
The Johore Bar Sports and North Johore forum at Tropical Inn Johor Bahru. welcoming speech by Mathews George
Aairs Sub Committees jointly organised The forum featured three eminent of the Johore Bar Human Rights Sub

62 PRAXIS | JUL-DEC 2015

 STATE BAR NEWS
Committee, followed by presentations Welcoming High Tea for YA Tuan had been posted as Judicial Commissioner in
from the three speakers. The forum was Mohd Nazlan b Mohd Ghazali Johor Bahru on 20 Apr 2015. The event was
attended by 50 members of the Johore Bar
attended by members of the public and and four Judges and Judicial Commissioners
On 16 June 2015, the Johore Bar Social
Members of the Bar, as well as members Committee organised a High Tea at Grand of the High Court in Johor Bahru, the Director
of the press. BlueWave Hotel, Johor Bahru to welcome of Johore Courts, as well as the Chairman of
YA Tuan Mohd Nazlan b Mohd Ghazali, who the Industrial Court, Johor Bahru.

Kuala Lumpur 10 Mar 2015 at the KL Bar Auditorium. The

seminar was attended by 76 participants.
Seminar for Lawyers on Managing
Office and Client Accounts
Bar Committee Pupils Introduction Session
Organised by the KL Bar Professional
Development Committee (PDC), this
Conveyancing Workshop for seminar was presented by Lim Kien Chai on
Pupils Organised by the KL Bar Pupils Committee, 24 Mar 2015 at the KL Bar Auditorium. The
the pupils introduction session for March objective of the seminar was to introduce
and familiarise lawyers with the world of
Organised specifically for pupils by the KL was held on 12 Mar 2015. The session, accounting and finance of a legal firm, which
Bar Pupils Committee, this workshop was attended by 67 pupils, was led by Shashi is so intertwined. It gave a general yet practical
held on 4 Mar 2015 at the KL Bar Auditorium. Devan. Pupils were briefed on the structure insight into the following areas: Accounting
for legal firm and practices, Specific to
The workshop, which was presented by of the Malaysian Bar and the Kuala Lumpur oce and client accounts, Pitfalls to avoid,
Michael Leow Yon Meng, focused primarily Bar, the election to both the Bar Council and Revenue and expenses and its taxability
on the practical aspects of handling a the Kuala Lumpur Bar Committee (KLBC), or allow-ability, The capital and current
and the highlights of the Malaysian Bar. It accounts of a partnership accounts, and
conveyancing brief covering the following Eective supervision of accounting sta and
areas: Overview of the conveyancing included a session for pupils to raise issues sta dealing with monies. The seminar was
process, Essential clauses found in a and problems faced by them during their attended by 98 participants.
Sale & Purchase Agreement, How to fill pupillage period and other members of the
Seminar on the Personal Data
up the relevant NLC Forms, and Practical KL Bar Committee were also present to
Protection Act 2010 (PDPA)
pointers for the conveyancing lawyer. A provide input and possible solutions. The
total of 50 pupils attended this workshop. pupils were also shown a video montage of This seminar was organised by the KL Bar
the history of the Malaysian Bar. Professional Development Committee (PDC),
Seminar on Goods and Services and presented by Jeremiah R Gurusamy,
Seminar on the Law of Joint on 26 Mar 2015 at the KL Bar Auditorium.
Tax (GST) and Business The seminar covered the following topics:
Contracts Ventures Overview of the PDPA, Understanding
key provisions in the Act, Dealing with the
Organised by the KL Bar Professional various parties data user, data processor
Organised by the KL Bar Professional and data subject, How to deal with sensitive
Development Committee (PDC), this Development Committee (PDC), this
personal data, PDPA compliance, Who
seminar was presented by Thenesh Kannaa seminar was presented by Lim Kien Chai does the PDPA apply to?, Processing of
on 17 Mar 2015 at the KL Bar Auditorium. personal data in a commercial transaction,
on 9 Mar 2015 at the KL Bar Auditorium. What is personal data?, Definition of a
Attended by 150 participants, the seminar Attended by 86 participants, the main
commercial transaction, Dealing with the
covered these topics: The Malaysian GST objective of the seminar was to share with 7 data principles, Obtaining consent from
model and its mechanism, An overview of the participants, in a practical context, the the data subjects, Privacy notification prior
variety of dierent legal arrangements within to data processing, Data subject request,
the GST Act 2014 and the Ministerial Orders Data correction request, and Dealing with
issued, Existing contracts who bears which entrepreneurs describe or hold them data transfer outside Malaysia Sec 129.
the tax?, GST-related issues to be stated out as being in a joint venture. The seminar was attended by 36 participants.
on future business contracts, and Does
GST apply to disbursements?. Introduction to the Legal Profession of Law Undergraduates at Taylors
Law School

Organised by the KL Bar Young Lawyers Committee (YLC), this event was held on 21 Mar
2015 at the Lakeside Campus of Taylors University, and was attended by 40 students.

The topic of GST drew the crowd.

Seminar on Companies Bill

2013: Highlight on Key Changes

Organised by the KL Bar Corporate

and Conveyancing Practice Committee
(CCPC), this seminar was presented by
Chong Kok Seng and Lim Siew Ming on
A group photo of aspiring lawyers.

JUL-DEC 2015 | PRAXIS 63

 STATE BAR NEWS
Pupils Workshop on Civil Seminar on Trending Cases to be, the response of Malaysian Equity?,
Litigation in the Malaysian Intellectual and Should an institutional constructive
Property Landscape trust be imposed on the bribe in the hands
The KL Bar Pupils Committee organised of the fiduciary in favour of the party with
a civil litigation workshop specifically Organised by the KL Bar Professional whom he stands in a fiduciary position (the
for pupils on 2 Apr 2015. Presented by Development Committee (PDC), this Beneficiary), or should the Beneficiary be
seminar was presented by Professor Ida limited to a personal claim for the recovery
Colin Andrew Pereira and Sanjeev Kumar
Madieha Azmi on 21 Apr 2015 at the KL from the fiduciary of an amount equivalent to
Rasiah, the workshop focused primarily Bar Auditorium. The seminar covered the the bribe?. The seminar was attended by
on the practical aspects of handling a brief following topics: Copyright over computer 28 participants.
covering the following areas Opinion programme, The boundary and interface
writing exercise, Drafting of pleadings between copyright and privacy rights, What Meeting with the Police in
exercise, and Presenting a case in court. amounts to an invented word capable of Dang Wangi Police District
A total of 50 pupils attended the workshop. trade mark registration?, Who is the rightful Headquarters (IPD)
proprietor of a mark?, Can the patent
Pupils Introduction Session owner apply for the amendment of his patent A meeting was held on 8 May 2015 between
claims during infringement proceedings?, the KL Bar Criminal Practice Committee
Invalidation of patents, Registrability of (CPC) and police ocers from IPD Dang
Organised by the KL Bar Pupils Committee,
car parts for industrial design, Power of Wangi to discuss various issues, in particular,
the Pupils Introduction Session for April the court to issue injunctive relief for breach the issue of lawyers access to their clients/
was held on 9 Apr 2015. The session, of confidential information, and Duty of accused persons at the Dang Wangi
attended by 82 pupils, was led by Shashi employee to maintain the confidentiality of Remand Centre.
Devan. Similarly like at previous sessions, the employers trade secrets. The seminar
pupils were briefed on the structure of the was attended by 36 participants. Kuala Lumpur Bar Grand Prix
Malaysian Bar and the Kuala Lumpur Bar, 2015
the election to both the Bar Council and the Annual Kuala Lumpur-Selangor
Kuala Lumpur Bar Committee (KLBC), Bar Committees Get-Together Organised by the KL Bar Social, Arts and
as well as the highlights of the Malaysian Recreation Committee, the Kuala Lumpur
Hosted by the Selangor Bar Committee Bar Grand Prix 2015 was held at the Shah
Bar. It included a session for pupils to raise
(SBC) this term, the annual get-together Alam Stadium Go Kart Circuit on 9 May
issues and problems faced by them during between the Kuala Lumpur Bar Committee
their pupillage period and other members of 2015. A total of seven teams comprising four
(KLBC) and SBC was held on 24 Apr 2015 drivers each participated in this event.
the KL Bar Committee were also present to at the Merchant Lounge, Armada Hotel,
provide input and possible solutions. The Petaling Jaya. This annual meet was for the
pupils were also shown a video montage of oce bearers of the new term of both the
the history of the Malaysian Bar. KLBC and SBC to get to know each other
and to discuss how to work closely to cater
SARC Trail Running to the mutual needs of members of both the
Kuala Lumpur and Selangor Bars.
Organised by the KL Bar Social, Arts and
Recreation Committee, the trail run was Pupils Introduction Session
held on Saturday, 18 Apr 2015 at Taman Organised by the KL Bar Pupils Committee,
Rimba Kiara, Taman Tun Dr Ismail (on Jalan the Pupils Introduction Session for May was
Haji Openg). Twelve Members of the Bar held on 7 May 2015. The session, attended
and pupils participated in this run. by 80 pupils, was led by Shashi Devan. Pupils Future F1 drivers on the podium?
were briefed on the structure of the Malaysian
KL Car-Free Morning Bar and the Kuala Lumpur Bar, the election to Seminar on the Law of Parallel
both the Bar Council and the Kuala Lumpur Imports in the Context of
On 19 Apr 2015, the KL Bar Environmental Bar Committee (KLBC), and the highlights Trademark Infringement and
Committee (KLBC EC) participated in of the Malaysian Bar. It included a session for Passing Off
the Kuala Lumpur City Hall (DBKL)s pupils to raise issues and problems faced by
them during their pupillage period and other Organised by the KL Bar Professional
initiative in dedicating the first and third Development Committee (PDC), this
members of the KLBC were also present to
Sunday mornings of the month as car-free seminar was presented by Ng Kim Poh on 12
provide input and possible solutions. The May 2015 at the KL Bar Auditorium. Attended
mornings. pupils were also shown a video montage of by 41 participants, the seminar covered
the history of the Malaysian Bar. the following topics: "What does Parallel
Imports mean?, Trademark Infringement,
Seminar on Equity and Trusts in Passing O, Parallel Imports Cases, and
Potential Instances of Infringement and/or
Malaysia: Profits from Bribes and Passing O.
Construction Trusts Personal or
Proprietary Claims Seminar on Understanding
Annual Reports and its Financial
This seminar was organised by the KL Bar
Professional Development Committee Statements
(PDC), and presented by Harcharan Singh,
Organised by the KL Bar Professional
on 8 May 2015 at the KL Bar Auditorium. The
Development Committee (PDC), this
seminar covered the following topics: When
seminar was presented by Lim Kien Chai on
Cycling to raise awareness a fiduciary accepts a bribe, what is, or ought

64 PRAXIS | JUL-DEC 2015

 STATE BAR NEWS
19 May 2015 at the KL Bar Auditorium, and the relief available, Challenging adverse a complaint being lodged against you
attended by 62 participants. The seminar advance rulings and technical rulings in a conveyance?. The workshop was
covered, among others, the following topics: by the Royal Malaysian Customs, and attended by 57 participants.
Introductory on its importance, Accounting Appreciating the judicial developments in
jargons made understandable for lawyers, Malaysia in respect of interpreting taxing 3rd KL Bar Futsal Competition
What are the components of an annual statutes. The seminar was attended by 15
report?, What are these: ledger accounts, participants.
2015
journal entries, double-entries, T-accounts?, Organised by the KL Bar Sports Committee,
Why this term Trial Balance?, Why this the 3rd KL Bar Futsal Competition 2015
term Balance Sheet?, What are the salient was held at Sports Arena@Sentosa, Taman
features of a Balance Sheet?, What are Sri Sentosa on 30 May 2015. A total of
and the types of assets?, What are and 22 teams participated in the event and the
the types of Liabilities?, and Are Balance winners are as follows:
Sheets liabilities an indication of not good
financial position and/or poor financial Mens Category
management?. Victorious Secret 2 (1st placing); Victorious
Secret 1 (2nd placing); TRG Bar (3rd
Corporate Workshop for Pupils placing); Zaid Ibrahim & Co (4th placing)
The KL Bar Pupils Committee organised a Men's (Plate)
corporate workshop specifically for pupils Saravana Kumar speaking at the seminar
Wakeel FC (1st placing); CPD (2nd placing)
on 20 May 2015. Presented by Sheba
Gumis and attended by a total of 52 pupils, Annual Blood Donation Drive Ladies Category
the workshop focused primarily on the The Kickers (1st placing); Boomfica (2nd
practical aspects of handling a brief covering The annual blood donation drive was jointly placing)
the following areas: Overview: Negotiation, organised by the KL Bar Social, Arts and
due diligence and drafting process, Recreation Committee and Kelab Sukan Best Firm Team
Commercial considerations, Practical Kebajikan dan Rekreasi Mahkamah Kuala Zaid Ibrahim & Co
pointers including common mistakes Lumpur (KESMA), with the assistance of
when drafting, Salient clauses including the National Blood Bank, on 27 May 2015. Best Player
consideration, conditions precedent, The blood donation drive was held at Level Tay Zi Li (Zaid Ibrahim & Co)
completion etc, Covenants and warranties 2 of the Kuala Lumpur Court Complex on
by both Vendors and Purchasers, Boiler Jalan Tuanku Abdul Halim (formerly known
plate clauses, and Remedies for breach as Jalan Duta). This years event saw the
of contract. support of 113 people.

Seminar on Islamic Wills

Organised by the KL Bar Professional
Development Committee (PDC), this
seminar was presented by Amir Bahari on
22 May 2015 at the KL Bar Auditorium,
and attended by 24 participants. As a brief
introduction to Islamic Wills, the seminar Happy winners!
covered the following topics: Key Objectives
in Estate Planning, Legal Framework of Pupils Introduction Session
Estate Administration, Faraid Islamic
Laws of Inheritance, Sources of Islamic Organised by the KL Bar Pupils Committee,
Will, 6 Steps in Estate Planning, Issues For a good cause
the Pupils Introduction Session for June
in Islamic Estate Planning, and Sample of was held on 4 June 2015. The session,
Islamic Basic Will. Two-Day Practical Workshop on attended by 76 pupils, was led by Shashi
Conveyancing Practice Devan. Pupils were briefed on the structure
Seminar on Insights to of the Malaysian Bar and the Kuala Lumpur
GST Appeal Processes and Organised by the KL Bar Corporate Bar, the election to both the Bar Council and
and Conveyancing Practice Committee the Kuala Lumpur Bar Committee (KLBC),
Jurisprudence of Tax Statute (CCPC), this workshop was presented by
Interpretation and the highlights of the Malaysian Bar. It
Dennis Teoh, Susan Joseph, Nahzatul Ain included a session for pupils to raise issues
and Sarah Kambali on 28 and 29 May 2015 and problems faced by them during their
This seminar was organised by the KL Bar
at the KL Bar Auditorium. The workshop pupillage period, and other members of
Young Lawyers Committee (YLC), and
covered these topics: Are options really KLBC were also present to provide input
presented by S Saravana Kumar and Siti
crucial and necessary? Why?, Why do and possible solutions. The pupils were
Fatimah Mohd Sharom, on 25 May 2015
some transactions end up in the trash?, also shown a video montage of the history
at the KL Bar Auditorium. The seminar
What should you look out for when of the Malaysian Bar.
covered the following topics: An overview
transacting for your clients?, How is it that
of the Goods and Services Tax (GST)
despite the standard terms and conditions KL Bar Bowling Tournament
regime in Malaysia, The GST appeals
in SPAs, conveyancers still can disagree on
process, including appearances before the
certain issues?, When does a conflict of Organised by the KL Bar Sports Committee,
GST Appeal Tribunal, Judicial review as
interest arise for you to worry about?, and the KL Bar Bowling Tournament was held at
a remedy to resolve GST controversies,
How do you safeguard yourself against Sunway Megalanes, Sunway Pyramid on 6
Application for an error or mistake and

JUL-DEC 2015 | PRAXIS 65

 STATE BAR NEWS
June 2015. A total of 19 teams participated Event at Asian Water Sports Pupils Workshop: Criminal
in the event and the winners are as follows: Village, Puchong Litigation

TRG Bar A (1st placing); Icepick Willie (2nd Sixteen young lawyers took part in various The KL Bar Pupils Committee organised
placing); Rilek Je (3rd placing) water activities at the Asian Water Sports a Criminal Litigation Workshop
Village in Puchong on 13 and 14 June 2015.
This event was organised by the KL Bar specifically for pupils, on 29 June
Best Male Player: Mohammad Afiq Ammar
(Rilek Je) Young Lawyers Committee (YLC). 2015. The workshop focused primarily
on the practical aspects of handling a
Best Female Player: Ghasidah bt Jusoh brief and covered the following areas:
(TRG Bar A). Client Interview, Mitigation, Bail
Application, and Trial Process. The
Best Firm Team: Rilek Je from Khairul A &
Co; Spare Rib from Chooi & Co (2nd placing); workshop was conducted by Lim Chi
Alley Gator from Lee Hishammuddin Allen & Chau and Farhan Read, and attended
Gledhill (3rd placing) by 31 pupils.

PDC-AWL Series: Seminar on

an Introduction to Childrens
Rights in Malaysia
Having a blast of a time
Organised by the KL Bar Professional
Volunteering at the Pertiwi Soup Development Committee (PDC) in
Kitchen collaboration with the Association of
The bowlers in action Women Lawyers (AWL), this seminar
Twenty-five lawyers volunteered to help was presented by Sharmila Sekaran on
Social Get-Together serve some 450 people on the streets of 30 June 2015 at the KL Bar Auditorium.
Jalan Tuanku Abdul Rahman and Jalan
Organised by the KL Bar Social, Arts and Attended by 51 participants, the seminar
Recreation Committee, the first social get- Tun Tan Cheng Lock in Kuala Lumpur,
on 26 June 2015. The programme, covered these topics: Understanding
together for the 2015/16 term was held on 12
organised by the KL Bar Young Lawyers Childrens Rights, Issues aecting
June 2015 at Rils, Bangsar. Approximately
30 Members of the Bar turned up for this Committee, ran from 9:00 pm to Children, and Development and
event, and everyone had a great time. midnight. Protection of Children.

Malacca Bar were Jason Kay, Ahmad Soleh Yusof, Fadil

Mohd Yusof and Jessie Koh Mei Hui. Pupils
Billing and Collections
Workshop
Committee
were introduced to ethics and traditions of
the Bar, the structure of legal aid in Malaysia,
followed by training sessions on interviewing The Bar Council Professional Indemnity
legal aid applicants, interviewing the accused Insurance Committee conducted a
Dock Brief Training and their family for bail and mitigation, and workshop on Billings & Collections on 22
finally practising doing mitigation and bail May 2015 at UTC Melaka. 2 CPD points
On 8 May 2015, the Malacca Bar Legal application. These sessions will be repeated
Aid Sub-Committee organised a dock brief were given to participants who attended
as and when new batches of pupils start their
training for 22 pupils in chambers. The trainers pupilage at the Malacca Bar. the whole session of the workshop.

Courtesy Calls Malacca Bar Futsal Tournament

2015
On 9 Apr 2015, Malacca Bar Committee members paid a courtesy call on YA Datuk Abdul
Karim b Abdul Jalil, followed by a meeting with the Judges, Registrars and Magistrates at the The Malacca Bar Sports Sub-Committee
Malacca Court Complex. The committee also paid a courtesy call on the newly-appointed successfully organised the Malacca Bar
Judicial Commissioner of the Malacca High Court, YA Dato Mohd Firuz b Jaril, on 22 Apr Futsal Tournament 2015 at SP Futsal
2015.
Centre, Taman Teknologi Cheng on 23 May
2015. More than 30 members and pupils in
chambers participated in the tournament.

Public Forum on Prevention

of Terrorism Act 2015 (Revival
of ISA?); and Amendments to
Sedition Act 1948

On 10 June 2015, this public forum was

organised by the Malacca Bar Young
Lawyers and Chambering Pupils Sub-
Meeting between the Bench and the Bar

66 PRAXIS | JUL-DEC 2015

 STATE BAR NEWS
Committee at La Boss Hotel, Malacca. The Courtesy Call on the Chief Police Training for Watching Briefs
speakers were Steven Thiru, President of Officer
the Malaysian Bar; Syahredzan Johan, Co- On 11 July 2015, the Malacca Bar
On 23 June 2015, Malacca Bar Committee
Chairperson of the Bar Council National members paid a courtesy call on the Chief Human Rights and Contemporary
Young Lawyers Committee, as well as Police Ocer of Malacca, Datuk Chua Ghee Issues Sub-Committee conducted a
Prof Dr Myint Zan from the Faculty of Law, Lye, followed by a meeting with police ocers
Multimedia University, Malacca. from various departments. special training in Malacca for lawyers
who are interested in holding watching
briefs on behalf of the Bar Council for
inquests involving deaths in police
custody and police shootings. Ravi
Nekoo was the trainer for the training
session, which was held in Malacca
Courtesy call on Datuk Chua and the
Malacca police force Bar premises.
The panellists at the forum
Majlis Berbuka Puasa
Malacca Bench and Bar Games
The Malacca Bar Social and Charity Sub-Committee organised a Majlis Berbuka
2015
Puasa Bersama at Kings Hotel Malacca on 1 July 2015. More than 70 members
The Malacca Bench and Bar Games for and pupils attended and broke fast together with 21 orphans from Malacca. The
2015 were held at SMK Seri Kota Melaka on Chairman of the Malacca Bar presented Raya gifts to the orphans before breaking
13 June 2015. The games played were table fast together.
tennis, netball, badminton, futsal, football,
volleyball and the 4x100 m relay. Malacca
Bar emerged the champion this year.

The futsal team photograph Raya gifts for the children

Penang Bar this year. The Dinner was attended by

Penang High Court Judges, members of
it also served as the venue for Karpals
State-honoured funeral just a year earlier.

Committee the Bar and chambering pupils.

Co-organised by the Penang State
The Karpal Singh Forum 2015 Government and the Penang Institute,
Courtesy Calls
the forum saw some 460 attendees
Following the untimely passing of Karpal consisting of Members of the Bar
To start o the newly-elected committees Singh s/o Ram Singh on 17 Apr 2014,
term, the Penang Bar Committee paid and pupils, politicians, academics,
the Penang Bar Committee had been in representatives from non-governmental
courtesy calls on the Penang High Court discussion with his family to organise a
and Subordinate Courts between the organisations (NGOs), members of
memorial lecture named after him. the public, law students, as well as
months of March and April 2015. The
issues raised by the Committee during Karpals family members and friends. It
After close to eight months of planning, was launched by the Chief Minister of
these meetings were based on members
the Karpal Singh Forum 2015 finally came Penang, Lim Guan Eng, while the keynote
feedback; many of which were amicably
resolved with the cooperation and to fruition and was held on 18 Apr 2015 address was delivered by Mark Trowell
assistance of the Courts. at Dewan Sri Pinang to coincide with his QC who travelled to Penang especially
first death anniversary. The theme for the for the event. The second part of the
Farewell Dinner inaugural forum was The Sedition Act forum was a panel discussion moderated
and Human Rights in Malaysia, a topic by immediate past President of the
A farewell dinner was organised on 9 Apr that was close to the late Karpals heart.
2015 at the Penang Club in honour of YA Malaysian Bar, Christopher Leong, who
Dewan Sri Pinang was chosen as the was accompanied by a panel comprising
Datuk Zamani A Rahim who had been venue due to its location which is a stones
elevated to the Court of Appeal in February President of the Malaysian Bar, Steven
throw away from Karpal Singh & Co, and

JUL-DEC 2015 | PRAXIS 67

 STATE BAR NEWS
Thiru; Ambiga Sreenevasan; retired Judge of the Court of Appeal, Dato Mahadev Ethics and Professional
Shanker; and Mark Trowell QC. Standards Course
The Ethics and Professional Standards
In concluding the event, a plaque signed by the Chief Minister to launch the forum was
Course for chambering pupils was held
handed over to Karpals widow, Gurmit Kaur, by the Co-Chairperson of the forums on 12 and 13 June 2015 and attended
Organising Committee, Abdul Fareed Abdul Gafoor, who is also Treasurer of the by participants from the Penang Bar as
Malaysian Bar. well as Kedah, Perak and Terengganu.

The pupils at the course

Breaking of Fast Event

The panellists at the forum
On 6 July 2015, the Penang Bar Syariah and
Islamic Finance Subcommittee organised
a breaking of fast event at Masjid Melayu
Lebuh Acheh. This event was attended by
members, pupils, Court Ocers from the
Civil and Syariah Courts, and other invited
guests. Donations collected in conjunction
with the event were channeled to the less
fortunate.

Other Programmes
The following Continuing Professional
Development (CPD) programmes
Chief Minister Lim Guan Eng signs the plaque. The widow of the late Karpal Singh, Gurmit were either organised, co-organised
Kaur, stands beside him or participated in, by the Penang Bar
Committee from April to July 2015:
Penang Legal Aid Centre Annual entitled An Evening with the Doyens on
Review 22 May 2015, featuring CV Prabhakaran, Shades of Conveyancing
Baldev Bhar, K Kumaraendran, V Practice and An Introduction to
The Penang Legal Aid Centre (PLAC) held Sithambaram, and Ang Chun Pun. These the Companies Bill 2013 (14 May
its Annual Review on 24 Apr 2015 at the senior members shared their experiences 2015);
new Penang Bar Auditorium. Attended by of practice at the Criminal Bar through
members and pupils, the past years activities a series of anecdotes and humorous RTS 2015 | Exclusive Preview on
were presented and upcoming events and narratives that spanned several decades, Associate Qualifications in Islamic
projects were proposed and discussed. involving fellow Members, the Bench, Finance (21 May 2015);
clients and witnesses. It is hoped that Workshop on Handling Inquests
Connect @ The Bridge their commitment and passion for the law (organised by Suara Rakyat
and legal practice will serve as a source of Malaysia, Suaram) (23 May 2015);
An after-work social event themed Connect inspiration and encouragement for young
@ The Bridge was held on 28 Apr 2015 at practitioners and pupils. RTS 2015 | Seminar on Unjust
the refurbished and revamped Loke Thye Enrichment Law (28 May 2015);
Kee, known as the oldest restaurant in
RTS 2015 | Technology for Law
Penang. The gathering was well attended by
Firms (4 June 2015);
both senior and junior members, as well as
pupils. The refreshments and snacks were Seminar on the Law of Joint
sponsored by the proprietors of the venue. Ventures (5 June 2015);
Seminar on Islamic Wills (8 June
An Evening with the Doyens 2015); and
The Penang Bar Criminal Law The Good, the Bad and the Ugly of
Subcommittee organised a social event Some of the doyens, in photograph
Criminal Practice (9 July 2015).

68 PRAXIS | JUL-DEC 2015

 STATE BAR NEWS
Talk on 7 Tips for an Effective Negotiation
Perak Bar This talk was presented by Amir Bahari, the former Chairperson of the Kuala Lumpur Bar

Committee Committee 2014/2015s Corporate and Conveyancing Committee, on 7 May 2015. His
presentation was conducted creatively by inviting the participants to take part in the activities
that he had prepared that day.
Talk on Criminal Advocacy

On 14 May 2015, the Perak Bar Young

Lawyers and Chambering Students
Committee held a talk on criminal advocacy
by Ipoh Judicial Commissioner, YA Noorin
bt Badaruddin. Although the target
group of this talk was young lawyers and
chambering pupils, senior members also
came to listen to this inspiring talk. She
shared her experiences not only when she
served behind the Bench but also when
she was in the Prosecution Department. Group photo with the speaker, Amir Bahari (middle)

Talk on How to Protect Company Intellectual Property Assets

On 17 Apr 2015, the Perak Bar Committee organised a talk entitled How to Protect
Company Intellectual Property Assets. The talk was presented by former Perak Bar
Committee Honorary Secretary, Hemalatha Parasa Ramulu, and Noel J Akers, a Chartered
Patent Attorney and European Patent Attorney. While both speakers covered the topic
on protecting company intellectual property assets, Noel Akers thoroughly discussed the
topic and highlighted the dierences in Malaysia and other countries.
A token of Appreciation from Kenny Lai,
Chairman of the Perak Bar

Talk on Family Law: Grounds

for Divorce and Basic
Procedure

The Perak Bar Professional Development

Committee held a talk on 4 June 2015
on Family Law: Grounds for Divorce
and Basic Procedure. The speaker was
Pushpa Ratnam. Her talk enlightened the
participants, especially young lawyers, on
the basic procedure for divorce. Noel Akers explaining what is patent

Selangor Bar by Saravana Kumar and Siti Fatimah

Mohd Sharom (10 Apr 2015);
and Youth Justice within the
Malaysian Legal System by Voice
Committee Lawyers As Change Agents: the
Curious Case of Corporations by
of the Children (23 and 24 May
2015);
The Committee organised the following Kiu Jia Yaw and Adrian Yaw (22 Apr Syariah Law: Islamic Wills by Amir
talks during this quarter: 2015); Bahari (5 June 2015);
Goods and Services Tax (GST) Remand, Bail and Mitigation
Advocacy, Decorum in Court and by LexisNexis (24 Apr 2015); Proceedings by KA Ramu (12 June
Ethics by George Varughese (6 Mar Family Law-Contested Divorce 2015);
2015); Proceedings (1): From Interviewing Winding Up Companies under
How to Conduct a Retrenchment to Filing the Petition by Honey Tan Section 218(1)(e) of the Companies
Exercise and a Voluntary Separation Lay Ean (15 May 2015); Act 1965 by Tieh Siaw Siong (19
Scheme by Kavitha Guna Segaran Domain name as Shield and Sword: June 2015);
(13 Mar 2015); Empire Strikes Back | Fundamentals PDPA Act 2010 by Jeremiah R
Human Rights Protecting of IP rights and Overview of Domain Gurusamy (26 June 2015); and
Children by Sharmila Sekaran (27 Name Strategy by Eugene Roy Syariah Law: Anak Tak Sah Taraf
Mar 2015); Joseph (22 May 2015); dan Implikasi Hukum Syara by
Goods and Services Tax (GST) Legal Training Workshop | Child Saadiah bt Din (3 July 2015).

JUL-DEC 2015 | PRAXIS 69

 STATE BAR NEWS
Meetings Attended by the Meeting with the Director Selangor Law Shield 2015
Selangor Bar Conveyancing of the Selangor Subordinate
Practice Sub Committee Courts and Sub-Court Judges/ The Selangor Bar hosted the inaugural
Magistrates Selangor Bar Shield, on 5 and 6 June
The Chairperson of the Conveyancing 2015, at Persada PLUS, Subang.
Practice Sub Committee, Nurul Muhaniza, The Selangor Bar Committee attended a
attended the following meetings to The Selangor Law Shield pits the Selangor
meeting with the Director of the Selangor
highlight the concerns and problems faced Bar against the Selangor Judiciary team in
Subordinate Courts on 15 May 2015. sporting events such as Bowling, Soccer,
by conveyancers with the authorities:
Futsal (men and women), Volleyball,
16 Feb 2015: Meeting on Secured Land The meeting was chaired by YA Datuk Wira Badminton, and Netball.
Management System (SELAMAT); Mohtarudin b Baki, Managing Judge of the
The Selangor Bar was declared the overall
22 Apr 2015: Meeting with the Kuala Sub-Courts in Selangor, and held with Datin winner of the tournament. The games
Lumpur Federal Territory Department Siti Mariam bt Haji Othman in her capacity ended with a closing ceremony and lunch,
of Lands and Mines; and as the Director of the Selangor Subordinate also hosted by the Selangor Bar.
29 Apr 2015: Meeting with the Courts. The meeting recorded good
Selangor Lands and Mines Oce. attendance from the Bench comprising
approximately 50 Magistrates and Judges
Selangor Bar Members Night from almost all sub-courts in Selangor.

The Selangor Bars first social event for 2015

was Members Night, which was held at During the meeting, the Selangor Bar
Lake Club View, Subang Jaya on 16 May Committee highlighted issues and
2015. The Selangor Bar celebrated 60 years grievances faced by members, including the
in style, and enjoyed a good turnout of almost delay in extractions of e-filing documents, The badminton team
300 members. striking out cases, judicial temperament, and
so forth. With regard to criminal practice,
the Committee raised matters such as the
The highlights of the evening were the refusal of judicial ocers to meet lawyers
performance by Michael Jackson, a Michael and deputy public prosecutors in chambers,
Jackson dance competition, and lucky draws. and trial proceedings without counsel.

Civil and Criminal Meet-Up

Happy victors!
On 11 June 2015, the Selangor Bar
hosted a Civil and Criminal Meet-up Breaking Fast with
at the cafeteria of the Shah Alam High Underprivileged Children
Court. The purpose of this was to gather
feedback and issues/complaints directly For the first time, the Selangor Bar hosted a
from Members of the Bar in relation to the breaking-fast event with 100 underprivileged
Really into the Michael Jackson vibe! courts in Selangor. children from four orphanages, on 3 July 2015.
The children are from Rumah Amal Limpahan
Chinese New Year Open House Kasih (Puchong), Rumah Amal Kasih Bestari
(Kg Melayu Subang), Rumah Amal Al-Firdaus
(Denai Alam, Shah Alam), and Shelter Home
The Selangor Bar Committee ushered in Chinese New Year 2015 with an open house on 6
(Petaling Jaya). This event was fully sponsored
Mar 2015. The event was fully sponsored by members of Selangor Bar, and the Selangor by Selangor Bar members.
Bar Secretariat building was transformed with Chinese New Year trimmings and decorations.

There was an abundance of food and the lion dance troupe made its way right up to the third
floor of the secretariat building.

Delighted children at the event

Ushering the New Year with lion dance Members and children take a group photo

70 PRAXIS | JUL-DEC 2015

 NEW APPOINTMENTS

Attorney General of Malaysia

Tan Sri Dato Sri Haji Mohamed Apandi b Haji Ali

Tan Sri Dato Sri Haji Mohamed Apandi was born on 11 Feb
1950 in Kota Bharu, Kelantan. He received his LLB (Hons)
degree from the University of London in 1972, is a barrister-
at-law of the Inner Temple London, and pursued studies at the
Institute of Advanced Legal Studies, London.

Tan Sri Dato Sri Haji Mohamed Apandi has vast experience
in the legal field. He served as a Magistrate at the Kuala
Terengganu Magistrates Court from 1973 to 1975; and as a
Director of the Legal Aid Bureau for the State of Kelantan from
1975 to 1977. From 1977 to 1980, he was appointed a Deputy
Public Prosecutor for the State of Kelantan and Terengganu.
In 1980, his career took him to serve in Kuala Lumpur, as Legal
Adviser for the Ministry of Trade and Industry.

In 1982, Tan Sri Dato Sri Haji Mohamed Apandi returned

to legal practice, establishing his firm, Apandi Ali & Co, and
serving as an advocate and solicitor till 2003.

On 1 May 2003, he was appointed a Judicial Commissioner at

the High Court of Malaya in Kuantan. He was next elevated
as a High Court Judge of Malaya in Kuantan, serving in that
capacity from 21 Dec 2004 to 14 February 2007.

He was next transferred to Kuala Lumpur, serving as High

Court Judge of Malaya from 15 February 2007 till 13 Apr 2010.
His final appointment before his appointment as the ninth
Attorney General of Malaysia was as Judge of the Court of
Appeal, in Putrajaya, on 14 Apr 2010.

Tan Sri Dato Sri Haji Mohamed Apandi is married to Puan Sri
Datin Sri Dato Faridah Begum bt KA Abdul Kader, and they
are blessed with seven children.

JUL-DEC 2015 | PRAXIS 71

 NEWS

Malaysia News
Mohamed Apandi Replaces Gani Patail
as Attorney-General
Tan Sri Abdul Gani Patails tenure as Attorney-General
has been terminated with immediate effect, due to health
reasons. According to Chief Secretary to the Government,
Tan Sri Dr Ali Hamsa in his statement, former Federal Court
Judge, Tan Sri Mohamed Apandi Ali, has been appointed
the new Attorney General, effective on 27 July 2015.

According to the statement, Tan Sri Abdul Gani would

continue to serve as Judicial and Legal Service Officer until
his mandatory retirement on 6 October this year.

The termination however comes in the midst of a high-profile probe led by Tan Sri Abdul Gani on troubled state investor 1Malaysia Development
Berhad (1MDB). This investigation has also put allegations against Prime Minister Dato Sri Najib Razak in the spotlight.

Tan Sri Abdul Gani, in his capacity as Attorney General, had led a Special Task Force which incorporates the police, the Malaysian Anti-
Corruption Commission (MACC) and Bank Negara Malaysia.

This Task Force sprang into action, raiding offices and making arrests following a Wall Street Journal report on 3 July that alleged the deposit of
US$700 million (RM2.6 billion) in 1MDB-linked funds into the Prime Ministers personal accounts over the past two years, an allegation that the
Prime Minister has denied. ~ Adapted from The Star/The Straits Times

Malaysian PM reshuffles cabinet, dumps deputy after 1MDB criticism

Prime Minister Dato Sri Najib Razak reshuffled the Cabinet on Tuesday (28 July 2015), dropping his Deputy and four other Ministers.

Deputy Prime Minister, Tan Sri Muhyiddin Yassin fell out of favour and was dropped days after publicly calling on the Prime Minister to satisfactorily
explain the scandal enveloping 1Malaysia Development Bhd (1MDB). He is replaced by former Home Minister, Datuk Seri Dr Ahmad Zahid
Hamidi.

Dato Sri Najib claimed that the unity of the ruling Barisan Nasional coalition would be strengthened, as it prepares for elections in 2018.

In a related development, the Kuala Lumpur Composite Index (KLCI) fell by 10.06 points at the end of trading, hours after Dato Seri Najib
announced the Cabinet reshuffle. ~ Adapted from Reuters/Malay Mail Online

Trowers & Hamlins is First to The Edge files for Judicial IGP: Cops Back Death
Receive Qualified Foreign Review over Ban Sentence Review, But
Law Firm Licence in Total Scrapping a Step
Malaysia An application has been filed by The Edge Backward
Media Group to seek a judicial review of
In April 2015, Trowers & Hamlin became the Home Ministrys decision to ban two of Inspector-General of Police (IGP) Tan Sri
the the first foreign law firm to be granted a its publications, at the Kuala Lumpur High Khalid Abu Bakar said the police supports a
Qualified Foreign Law Firm (QFLF) licence Court. review of the mandatory death sentence for
in Malaysia. Licences for QFLFs are valid drug-related offence, but stopped short at
for a three-year period and are renewable. The Home Ministry had suspended The calling for its abolition.
Edge Weekly and The Edge Financial
Trowers & Hamlins announced on its Daily, for three months, beginning 27 July. In an interview with The Star, the IGP said that
website that the QFLF licence will allow The Edge believes that the suspension abolishing the death sentence would sent the
[the firm] to operate independently in of the permits is a result of its report on wrong signal to drug dealers, and is equivalent
Malaysia and advise on international legal 1Malaysia Development Berhad (1MDB). to taking a step backward in the war against
issues, subject to certain restrictions, and ~ Adapted from The Star drugs. He also noted that the police preferred
follows numerous years of working with to keep the death sentence as an option in
Malaysian clients on their activities outside courts.
Malaysia.
This statement was in contrast to the view of
Prior to being awarded this licence, the firm Former IGP, Tun Hanif Omar, who was quoted
had operated a non-trading representative to back a complete review of the death penalty
regional office in Kuala Lumpur since mid- for drug offences, as the death sentence had
2012. failed to deter people from taking the risk.

The firms regional managing partner, Nick Even Minister in the Prime Ministers
White, and firm partner, Nick Edmondes, Department, Datuk Paul Low had called for
are registered to practise as foreign lawyers the death sentence for drug offence to be
in their Kuala Lumpur office. reviewed. ~ Adapted from Malay Mail Online

72 PRAXIS | JUL-DEC 2015

 NEWS

Regional News
India Executes Man Convicted in 1993 Bombings
India executed Yakub Memon, convicted in the 1993 Mumbai bombings, by hanging at the Nagpur Central Jail.

Yakub Memon was arrested by the Central Bureau of Investigation (CBI) in Kathmandu in 1994, and had been in prison since. In July
2007, Memon was sentenced to death for orchestrating the bombings that included a horrific attack on the Bombay Stock Exchange.

In March 2013, Memons death sentence was upheld by the Indian Supreme Court. In upholding his sentence, the Court stated
that Memons actions were carried out with utter disregard to human life and dignity which justifies the rare imposition of the death
penalty. ~ Adapted from JURIST

US Human Trafficking Report under Fire as Cuba and Malaysia are Upgraded

The removal of Cuba and Malaysia from the US State Departments list of countries categorically failing to respond to widespread human
trafficking, has led to criticism of the United States. Both countries have been upgraded from tier 3 in the 2015 Trafficking in Persons
(TiP) report.

Cubas sudden upgrade to tier 2, after 12 years on tier 3, came after the reopening of the US embassy in Havana and the re-establishment
of diplomatic relations after 50 years of estrangement.

Malaysia, on the other hand, was upgraded to tier 2, after spending a year on tier 3. The upgrade removes a potential barrier to finalising
the Trans-Pacific Partnership (TPP), a huge US-led free trade deal with Malaysia and the rest of the members of the Association of
Southeast Asian Nations (ASEAN). This is because countries on tier 3 are theoretically barred from fast-tracked trade deals. Malaysia
has, over the past year, been accused of widespread forced labour in its electronics industry, as well as trafficking, in its palm oil industry.

International outcry followed Malaysias upgrade, with the discovery of 139 graves in jungle trafficking camps near the border with
Thailand. The camps were found to have held thousands of stateless Rohingya migrants to ransom. The US State Department
responded by saying that the camps were only discovered after the cut-off for evidence-gathering for the TiP report. ~ Adapted from
The Guardian

International Arbitration is on Boy Scouts Lifts Ban on Gay Burnout and Stress Hit 73% of
the Rise Leaders Lawyers

As corporates look to keep costs down, Openly gay individuals are now allowed A survey of 1,000 UK partners, associates
arbitration is increasing globally, particularly to serve as leaders and employees of the and trainees found long hours as the main
in relation to government disputes. Boy Scouts of America (BSA), as the cause of burnout and stress (58% of
National Executive Board of BSA voted to respondents), followed by difficult clients
In 2013, the London Court of International amend its leadership policy. (38%) and constant interruptions (35%).
Arbitration dealt with 301 cases, a rise of
more than 5% of the numbers handled BSA pointed out that while adult leaders The survey results published in The
in 2009 at the litigation peak of the could still be chosen based on their Lawyer also noted that difficult bosses
financial crisis. Meanwhile, the Singapore religious beliefs, it is committed to and strained relationships with peers were
International Arbitration Centre (SIAC) prohibiting a policy that discriminates among the common problems. Young
handled 259 cases in 2013, as opposed to against gay adults. Seventy-nine percent lawyers in their 20s were found to be the
just 160 cases in 2009. of the executive board voted in favour most stressed, while the happiest were
of the resolution, which took effect those in their 30s.
It was the reverse however, in Sweden, as immediately. ~ Adapted from JURIST
the Arbitration Institute of the Stockholm The survey also pointed out that having
Chamber of Commerce (SCC) saw cases constant access to emails on laptops,
fall from 216 in 2009 to 203 last year. mobile phones, as well as tablets, made it
difficult for people to switch off from work.
According to Pinsent Masons, which ~ Adapted from thelawyer.com
put together the analysis, the rise of
international arbitration could partly be
due to multinationals preferring to settle
disputes with governments rather than
challenging them in the courts. ~ Adapted
from Financial Times/The Global Legal
Post

JUL-DEC 2015 | PRAXIS 73

 CONTINUING PROFESSIONAL DEVELOPMENT (CPD)

Continuing Professional Development: The United

Kingdom Perspective
The Bar Council Continuing Professional straightaway. This clearly allowed competence rather than specifying
Development (CPD) Department the scheme to be developed primarily training requirements. Doing 16 hours
Director, Santhi Latha, conducted an focused on the junior solicitors and to CPD was no guarantee that solicitors
email interview with Julie Brannan, put in place training and structures that were competent. There was no reason
Committee Secretary and Solicitors would cater to their needs. to think that 16 hours was the right
Regulation Authority (SRA) Director amount of training for everyone for
of Education and Training regarding In the context of the current operation some it might be too much, for others
the development and progress of the of the scheme, before the new structure not enough. We wanted to encourage
CPD scheme for solicitors in the United was implemented, compliance includes: solicitors to connect the training they
Kingdom. The interview serves as were doing to the needs of their job.
part of the ongoing eort of the CPD a requirement for compulsory
Department to evaluate the value of participation in the Law Society As part of encouraging solicitors to
CPD on the legal profession. Management Course Stage 1; identify their specific training and
diering levels of requirements for education requirements, the current
All solicitors and registered European newly qualified solicitors, part-time scheme advises members to identify
lawyers (RELs) in legal practice or solicitors and RELs; and analyse their individual training
employment in England and Wales are suspensions and waivers that may needs, and to discuss these with the
required to comply with the SRAs CPD be applicable; and firm they are working with. Members
requirements. According to the United completion of training records. are then directed to take advantage of
Kingdom Law Society website, CPD is the wide range of activities the scheme
the training requirement set by the SRA In explaining the enforcement of the oers, in order that they may stay up to
to ensure that all solicitors and RELs scheme, Brannan said, Members had date with changes in the law and the
maintain competence. to keep a training record and the Law profession, in accordance with their
Society monitored a proportion of them. practice needs.
The CPD requirement may be met by a Solicitors have to make an annual
variety of means, including undertaking declaration as part of their practice The scheme focuses on the fact that
a course, lecture, seminar or other certificate renewal that they had participation will enhance credibility, and
programme or method of study, whether complied with the requirement. Under will allow members practice to remain
requiring attendance or not, as long the old approach, solicitors had to do 16 commercially competitive.
as it can be established that it is at an hours CPD on an annual basis. Until 1
appropriate level and contributes to the Nov 2014, 25% of this had to be training According to the Law Society website,
general professional skill and knowledge which we accredited. The requirement the current structure requires that 25%
of the solicitor. for accredited training has already been of the CPD requirements are met by
removed. participation in courses (attendance at
The website further establishes that, training events of one hour or more),
All solicitors and RELs in their first Brannan highlighted that the and the remaining 75% may be attained
CPD year and in each subsequent year requirements have since changed, by participation in other activities such
must complete 16 hours of CPD per Under the new approach, solicitors as participation in non-accredited
year, which runs from 1 November to 31 must reflect on their competence courses, working toward professional
October each year. by reference to the proposed new qualifications, listening to or watching
Competence Statement for solicitors audio/visual material provided by
The scheme was introduced in the and address any learning needs which authorised providers, distance learning,
mid-1980s on terms that were agreed they identify. There is no separate writing on law and practice, development
to by the Law Society Council at the CPD scheme. The new approach of specialist areas of law, preparing for
time. The focus was to ensure that to continuing competence is tied to and delivering training courses, and a
solicitors should keep up to date with Principle 5 of the Code of Conduct, host of other activities.
developments in the law, explained which requires solicitors to provide
Brannan. a proper standard of service. A note An interesting aspect of this includes
to Principle 5 will make clear that one an activity called work shadowing
When asked about whether there was requirement of rule 5 is that solicitors where CPD points may be claimed from
resistance from members and how this must comply with the provisions of the the member shadowing or following
was dealt with, Brannan highlighted, competence statement. someone in their work role for a period
In order to cater to the variety of of time, for the purpose of enhancing
practitioners, transitional arrangements When asked why the decision was made their performance, on the basis that the
were put in place so that the senior to make this shift to the new scheme, work shadowing must be structured,
members would not be required Brannan explained, We wanted to have clear aims and objectives, and
to participate in the CPD scheme focus our regulation on assuring requires feedback and reflection about
the shadowing activity.

74 PRAXIS | JUL-DEC 2015

 CONTINUING PROFESSIONAL DEVELOPMENT (CPD)
In discussing the resistance the With reference to the new scheme, When asked whether sanctions for
scheme has faced in the past, Brannan Brannan highlighted that, The new non-compliance had been imposed in
explained, There has been opposition approach was introduced on a voluntary the past, Brannan pointed out that in
to the implementation of the scheme. basis from 1 Apr 2015 and will become practice, there are no sanctions.
We consulted fully and took all views mandatory from 1 Nov 2016. We
into account. But ultimately the SRA recognise this is a culture shift, so we Santhi Latha
board felt the new approach was more are supporting solicitors with an online Bar Council
eective at assuring competence. toolkit of resources.

Report on CPD Cycle 2: 1 July 2014 30 June 2016

Data presented is based on information provided by organisers, that was processed and recorded as at 30 June 2015 by the
CPD Department. This data may be subject to adjustment/modification from time to time, based on updates provided by the
dierent providers. A total of 449 attendance records out of 584 events have been received to date until 30 June 2015. A total
of 135 events are pending receipt of the attendance data from organisers and has not been included.

Data presented is based on recorded data for 16,373 Members as at 30 June 2015.

Data of Number of Events Organised by Bar Council/State Bar Committees

Organiser Cycle 2 88

Bar Council 88
Johore 20
Kedah 5
Kelantan 4
Kuala Lumpur 45
Malacca 8
Negeri Sembilan 7
Pahang 4
45
Penang 16
Perak 8
33
Perlis 3
29
Selangor 33
Terengganu 0 20 19
PSDC Advocacy 4 16
Training 13
8 8
CPD Regional 13 5
7
Training Series 4 4 3 4
2
iCPD 2 0

Online Training 19
er al ur
em ca
Pa lan
Pe ng
Jo cil
Ke re
Ku Ke dah
Lu tan

Pe g
Pe k
Re Ad T Sel rlis

al ac gg r
ai ra u

Se g
in i s
G rain D
Tr ing
ng
on c en o
ra

rie
Tr y T an
n

ng in

YB e T CP
ho

eg M p

gi vo er ang
n

i S ac

ha
na

ni
bi

ni in
al lan
m
ou

ai

YBGK Training 29
rC

K
Ba

Total 308
nl
O
N

PD C
C PSD

JUL-DEC 2015 | PRAXIS 75

 CONTINUING PROFESSIONAL DEVELOPMENT (CPD)
Data of Number of Participants at Events Organised by Bar Council/State Bar Committees

Organiser Cycle 2 Bar Council 3,287

Bar Council 3,287 Johore 1,208

Johore 1,208 Kedah 156

Kelantan 0
Kedah 156
Kuala Lumpur 2,121
Kelantan 0
Malacca 433
Kuala Lumpur 2,121
Negeri Sembilan 65
Malacca 433
Pahang 0
Negeri Sembilan 65 Penang 428
Pahang 0 Perak 461
Penang 428 Perlis 0

Perak 461 Selangor 1,528

Terengganu 0
Perlis 0
PSDC Advocacy Training 81
Selangor 1,528 805
CPD Regional Training Series
Terengganu 0 105
iCPD
PSDC Advocacy Training 81 Online Training 380

CPD Regional Training Series 805 YBGK Training 909

iCPD 105
Online Training 380
YBGK Training 909
Total 11,967

Data of Number of Events Organised by Provider Categories

Accredited Courses Cycle 2

Commercial course 80 13
266
providers
International 0 29
organisations
Government 22
organisations
Academic institutions 10
Non-governmental 5
organisations
Professional bodies 19
In-house legal training 140 80

Legal Aid Centre 29

140
CPD Regional Training 13
19 22
Series
10
Bar Council, State 266 0
Bars including
Advocacy Training and 5
Online Training Commercial course providers Professional bodies
International organisations In-house legal training
Total 584
Government organisations Legal Aid Centre
Academic institutions CPD Regional Training Series
Non-governmental organisations Bar Council, State Bars including
Advocacy Training and Online Training

76 PRAXIS | JUL-DEC 2015

 CONTINUING PROFESSIONAL DEVELOPMENT (CPD)
Data of Number of Participants at Events Organised by Provider Categories

Accredited Cycle 2
Courses
Commercial 2,473
course
providers 10,253

International 0
organisations
Government 13
organisations 805

Academic 38
institutions
909
Non- 47
governmental
organisations
Professional 263
1,353
bodies
2,473
In-house legal 1,353
training
Legal Aid 909
Centre
CPD Regional 805
Training Series 263
47
0 13
Bar Council, 10,253
State Bars
including
Advocacy
Commercial course providers Professional bodies
Training and
Online Training International organisations In-house legal training
Government organisations Legal Aid Centre
Total 16,154
Academic institutions CPD Regional Training Series
Non-governmental organisations Bar Council, State Bars including
Advocacy Training and Online Training

JUL-DEC 2015 | PRAXIS 77

 CONTINUING PROFESSIONAL DEVELOPMENT (CPD)
Data of Member Participation Based on Attainment of CPD points

No of CPD No of
Points Members
487
only
353
1 115
275
2 167 222
167 180 165 168
3 222 144
133 132 123
4 180 115
128 128 129 132
5 128 115 114
98 91
6 133
7 128
8 132
9 129 Total Members who have attained one CPD point or more: 3,599 which amounts to 21.98% of total
Member participation
10 165
Total number of Members who have attained 16 or more CPD points on Cycle 2 based on recorded
11 123 data: 1,415
12 98
(Note that Zero CPD point attainment is not reflected in the graph above)
13 144
14 114
15 115
16 91
17 (17-20) 353
18 (21-30) 487
19 (31-40) 275
20 (41-50) 132
22 (more 168
than 50
points)
Zero CPD 12,774
points
Total 16,373

If you would like to know more about the activities carried out by the CPD
Department, please visit their website:

http://www.malaysianbar.org.my/cpd/

78 PRAXIS | JUL-DEC 2015

 BAR UPDATES/NOTICES

New Admissions to the Malaysian Bar

(As at time of publication)
DATE CALLED 33 Nuradhilla Binti Mazlan Adnan Sundra & Low 17-Apr-15
NO NAME FIRM NAME
TO THE BAR Hafarizam Wan & Aisha
34 Nurshafiqa Balqish Binti Jaffri 15-May-15
1 Chiam Sheng Lwuan Abdullah & Teoh 26-Feb-15 Mubarak
2 Adil Safwan Bin Ahmad Shaffie Azman & Affendy 30-Jan-15 Khairul Azman &
35 Nursyahida Binti Zulkifli 15-May-15
3 Aina Nadirah Bt Mohd Yusof Kumari Palany & Co 27-Aug-14 Partners
Azlina Abdul Aziz & S Rasadurai &
4 Aisyah Bte Samsudin 17-Apr-15 36 Nurul Liyana Binti Azmin 17-Apr-15
Associates Associates
5 Amyra Nadia Binti Zolkifle Tay Ibrahim & Partners 15-May-15 37 Nurulhidayu Binti Jamari Abdul Haris & Co 23-Apr-15
6 Anne Sangeetha A/p Sebastian Satha & Co 29-May-15 Chambers of Wijdan &
38 Ommunajah Binti Ramli 10-Apr-15
7 Arina Ong Xin Yi Tan Law Practice 15-May-15 Nor Hatina
8 Chai Yang Yu Halim Hong & Quek 15-May-15 39 Ong Siew Ming S Y Lai & Associates 21-Nov-14
9 Daljit Singh a/l Harjit Singh Jasdev Chambers 5-Dec-14 40 Rachelle Tan Shook Lin & Bok 19-Sep-14
10 Dzulqarnain Bin Ab Fatar Illiayas 15-May-15 41 Salina Binti Hamzah Hari Abu Bakar & Jagjit 20-Mar-15
11 Elizabeth Goh Huay Ling 6-Mar-15 42 Shaarenya A/p Gurasekeran Raja Darryl & Loh 29-May-15
12 Eugene Teo Chang Haryaty 20-Mar-15 Shabina Begum Binti Shabir The Chambers of
43 27-Feb-15
13 Farah Izzati Binti Suhaini Sharina Husin & Co 9-Apr-15 Ahmad Waran
Fathin Nadia Binti Muhammad 44 Shahemie Faizul Bin Mohd Fuad Che Mokhtar & Ling 29-May-15
14 Hisham Sobri & Kadir 3-Apr-15
Fauzi Azman Wan Helmi &
45 Shamella Naidu A/p Arumugam 30-Apr-14
15 Jeremy Lim Kim Jin Yeow & Salleh 29-May-15 Associates
16 Lai Wan Chen HK Ang & Partners 9-Jan-15 Sharifah Fatiha Binti Sy
46 Kumari Palany & Co 18-Sep-14
17 Lisa-Premee Davis Anad & Noraini 15-May-15 Mohamad
Soon Gan Dion & 47 Sherilyn Ooi Su Ying Zul Rafique & Partners 15-May-15
18 Michelle Oh Xue Qi 15-May-15
Partners 48 Siti Hajar Binti Zainuddin Sahril, Niza & Co 15-Aug-14
Mohamad Syazwan Shah Bin 49 Siti Norshila Binti Jamil Zeffree Azmi 6-Mar-15
19 Jenny Yap & Associates 3-Apr-15
Mohamad Ali 50 Syazni Nadzirah Binti Ya'cob Raha Yasin & Co 6-Mar-15
Mohammad Nor Zikry Bin Azim, Tunku Farik & 51 Tasnim Binti Omar Arif & Hakim 9-May-14
20 29-May-15
Mohamad Wong S.L.Leong, Kartina &
52 Tay Hao Jie 24-Oct-14
Mohd Amirul Faliq Bin Mohd Athi Seelan Mahathir Partners
21 17-Apr-15
Faizal And Partners 53 Tham Giap Chi Teh & Lee 17-Apr-15
22 Mohd Azrul Hafizie Bin Zakaria Lin Coln & Co 15-May-15 54 Toh Chen Hsiang Joseph Ting & Co 29-May-15
23 Mohd Nuradzwan Bin Rodzi Yusran Zain & Co 26-Jun-14 55 Umaira Binti Ramlee Zailan & Associates 29-May-15
24 Muhamad Firdaus Bin Mokhtrar Benjamin Dawson 15-May-15 Wan Nurul Eliana Binti Haslee
56 Suhaimi Yahya & Co 17-Apr-15
The Law Chambers of Sharil
25 Muhammad Ashran Bin Roslan 18-Jul-14
Hedzril 57 Winnie Ho Sook Fun Khong & Son 15-May-15
Muhammad Ezwar Rusydan Bin J S Pillay & Mohd
26 Hisham Sobri & Kadir 17-Apr-15 58 Yang Boon Hang 17-Apr-15
Mohd Basir Haaziq
27 Muhammad Firdaus Bin Adnan Rosli Kamaruddin & Co 25-Jan-15 Lee Hishammuddin
59 Yeoh Keat Ming 12-Dec-14
The Chambers of Allen & Gledhill
28 Noor Nabilah Binti Norzam 27-Feb-14
Waran 60 Yong Wei Sang Foong & Partners 17-Apr-15
Azwani Rahman & 61 Yuki Foo Hwan Sin Tay & Helen Wong 15-May-15
29 Norfaruqi Bin Norazman 23-Apr-15
Norfaruqi Zulaikha Aini Binti Mohamed
62 Y H Teh & Quek 29-May-15
30 Nur Aidil Maria Binti Nazir Kington Tan Dzul 29-May-15 Khair Johari
31 Nur Hannaani Binti Zainal Bahrin Hafiza & Co 23-Aug-13
Yau Lap Ho & Nicole
32 Nur Hidayah Binti Anuar 27-Feb-15
Yong

JUL-DEC 2015 | PRAXIS 79

 BAR UPDATES/NOTICES

List of Departed Members

(As at time of publication)
SIL R/576 Rosni Haida Binti Mat Rifin 9 Sept 2015
ANNUAL DEPARTED MEMBERS DATE OF DEATH J/217 Juriyah @ Juraiyah Bt Jamaludin 10 Sept 2015
NO S/1377 Satgurunathan Nagalingam 12 Sept 2015
A/94 Abdullah Bin Ngah 1-Mar-15 K/113 Khoo Phaik See 26 Sept 2015
M1230 Mohd Azmil Bin Md Zain 5-May-15 W/147 Wan Nik Bin Wan Ismail 6 Oct 2015
A/256 Ajit Kumar Hastir 26-May-15 A/964 Alias Bin Abdullah 9 Oct 2015
S/581 Selayamany A/L Muniandy 13-Jul-15 M/251 Mohamad Sabri Bin Pin 10 Oct 2015
S/932 Santharan Ganapathi 4-Aug-15 B/160 Balakisnan A/L Appalanaido 19 Oct 2015
N/61 Nadarajan Rengasamy Pillay 8-Aug-15 S/76 K Sothinathan A/L Kanagasingam 24 Oct 2015
A/523 Ahmad Bin Kemin 21 Aug 2015 R/421 Ravi A/L Muniandy 27 Oct 2015

Notice Regarding Bar Council Circulars and

E-Blasts
The Bar Council Secretariat issues primary means by which we communicate with send an email to us at webreg@malaysianbar.
approximately 30 circulars and e-blasts each Members, to keep you informed of important org.my or contact us by telephone at 03-2050
month. Because of the high cost involved, the developments aecting the legal profession, as 2021.
practice of issuing hard-copy circulars came to well as information on events and benefits for
an end in 2008. Today, we issue less than five Members.
hard-copy circulars a year; the rest are sent by
email alone. Similarly, the Malaysian Bar website contains
a wealth of information for Members. Certain
Based on our records, there is still a large areas of the website are only accessible if you
number of Members who are not on our have a login ID and password.
e-mail mailing list, and hence not receiving
the Bar Council circulars and e-blasts. This In order to be added to our e-mail mailing list and
is an issue of concern since circulars are the to register for full access to the website, please

Summary of Circulars
(April to September 2015)
Circular No 067/2015 | Jurisk! June & December 2014: Communicate, Cooperate, Circular No 114/2015 | Requirement of Work Permit for Members Who Appear in High Court
Collaborate! of Sabah for Labuan Matters
Access this circular for more details. Access this circular for more details.
Circular No 073/2015 | Arahan Amalan Bil 2 Tahun 2015 | Pembekalan Fakta Kes Circular No 115/2015 | Request for Feedback on Islamic Financial Services Act 2013
bersama Waran Memenjarakan kepada Pihak Penjara bagi Kes-kes yang Layak Access this circular for more details.
Diparol
Circular No 120/2015 | Accountants Report 2014
Access this circular for more details.
Pursuant to section 79 of the Legal Profession Act 1976, sole proprietors or partners
Circular No 076/2015 | Arahan Penempatan Pesuruhjaya Kehakiman Mahkamah are required to submit the Accountants Report 2014 in respect of the client accounts
Tinggi Bil 1/2015 maintained during the year 2014 for the issuance of Sijil Annual 2016, unless exempted
Access this circular for more details. pursuant to rule 6 of the Accountants Report Rules 1990. Access this circular for more
details.
Circular No 084/2015 | Arahan Amalan Hakim Besar Malaya Bilangan 1 Tahun 2015 |
Pengendalian Kes-Kes Jenayah Jalanan Secara Fast Track di Mahkamah Rendah Circular No 122/2015 | Public Statement by Financial Action Task Force on Money
Malaya Laundering on 27 Feb 2015
Access this circular for more details. Access this circular for more details.
Circular No 087/2015 | 2015 Hotel Corporate Rates Circular No 124/2015 | Request for Feedback on Issues Relating to Goods and
As a Member of the Bar, you are entitled to enjoy preferential hotel corporate rates secured Services Tax
by Bar Council. We are pleased to provide you with an updated list of 2015 corporate rates Access this circular for more details.
for a wide selection of 100 hotels nationwide, to suit your accommodation needs. Access
Circular No 125/2015 | Placement of Clients Monies in Repo Transactions
this circular for more details.
Access this circular for more details.
Circular No 091/2015 | Arahan Pentadbiran Berkenaan Pengendalian Kes-Kes Jenayah
Circular No 128/2015 | Requirement by Banks for Letter of Undertaking from Law
Jalanan Secara Fast-Track Di Mahkamah Rendah Malaya
Firms
Access this circular for more details.
Access this circular for more details.
Circular No 095/2015 | Professional Indemnity Insurance: Amendments to the 2015
Circular No 135/2015 | Renewal of Group Term Life Insurance Policy with AIA Bhd for
Certificate of Insurance
the 2015/2016 Term
Access this circular for more details.
Bar Council renewed the Group Term Life Insurance Policy with AIA Bhd with eect from 1
Circular No 104/2015 | Implementation of Goods and Services Tax (GST) for Foreclosure July 2015, with the annual insurance premium maintained at RM50 per Member of the Bar.
Proceedings and Public Auctions for Immovable Properties at the High Court of Malaya Access this circular for more details.
Access this circular for more details.

80 PRAXIS | JUL-DEC 2015

 BAR UPDATES/NOTICES
Circular No 148/2015 | Role and Scope of the Bar Council Conveyancing Practice Circular No 194/2015 | Applications for Refund of Filing Fees for Cases Filed Through
Committee the Court E-Filing System
Access this circular for more details. Access this circular for more details.
Circular No 151/2015 | Request for Feedback on Issues Relating to Conveyancing Circular No 197/2015 | Sijil Annual 2016
Practice Pursuant to part III of the Legal Profession Act 1976, Practising Certificate and Sijil Annual
Access this circular for more details. shall be renewed annually by every advocate and solicitor. Access this circular for more
details.
Circular No 156/2015 | Jurisk! June 2015: Establish! Enhance! Improve! Or Risk Falling
Through Circular No 202/2015 | Resolution Adopted at the Extraordinary General Meeting of the
Access this circular for more details. Malaysian Bar on 12 Sept 2015
Access this circular to view the resolution adopted at the Extraordinary General Meeting of
Circular No 157/2015 | Invitation to Participate as Mentee in the Mentor-Mentee
the Malaysian Bar on 12 Sept 2015.
Programme
Access this circular for more details. Circular No 203/2015 | Launch of E-Compound Verification Service on Companies
Commission of Malaysia's Website
Circular No 148/2015 | Role and Scope of the Bar Council Conveyancing Practice
Access this circular to view the adopted resolutions.
Committee
Access this circular for more details. Circular No 205/2015 | Arahan Pertukaran Yang Arif Hakim / Pesuruhjaya Kehakiman
Mahkamah Tinggi Bil 2/2015
Circular No 164/2015 | 2016 Professional Indemnity Insurance Renewal | Premium,
Access this circular for more details.
Terms and Conditions
Access this circular for more details. Circular No 208/2015 | Invitation to Apply as Chairman of Industrial Court of Malaysia
Access this circular for more details.
Circular No 181/2015 | #getAsli Fundraising Dinner 2015 (8 Dec 2015)
Organised by the Bar Council Committee on Orang Asli Rights, this event will be held at Circular No 209/2015 | New Version of E-Filing Component
6:30 pm to 11:00 pm, at Grand Ballroom, Sunway Resort Hotel & Spa, Persiaran Lagoon, Access this circular for more details.
46150 Petaling Jaya, Selangor, on 8 Dec 2015 (Tuesday). Tickets are priced at RM250 per
ticket or RM2,500 per table (inclusive of 6% GST). Access this circular for more details.

The list above highlights some of Bar Councils circulars that were sent out to Members of the Bar from October 2014 to March 2015. Access the Malaysian Bar website at www.
malaysianbar.org.my to view these, and other circulars, in full. Please note that some circulars are only accessible if you are a registered user of the Malaysian Bar website.

General Information on Matters Discussed at Bar

Council Meetings
(April to September 2015)
Issuance of Licence for a Qualified Foreign Law Firm
Pursuant to the amendments to the Legal Profession Act 1976, and the Legal Profession (Licensing of International Partnerships and Qualified Foreign Law Firms and Registration of Foreign Lawyers)
Rules 2014, which came into force on 3 June 2014, foreign law firms and foreign lawyers are now permitted to practise in Peninsular Malaysia in the manner set out in the legislation and the Rules.
Licences may thus be issued to foreign law firms to operate either an International Partnership with a Malaysian law firm, or as a Qualified Foreign Law Firm (QFLF). Alternatively, a Malaysian law
firm may choose to employ a foreign lawyer.
The Bar Council has approved the application by Trowers & Hamlins LLP for a licence valid for a three-year period to operate as a QFLF and to practise in the permitted practice areas.
The Bar Council has also granted certificates of registration valid for one year to two partners of Trowers & Hamlins LLP to practise in the permitted practice areas in the Malaysian office of
the QFLF.
Please visit the Malaysian Bar website at www.malaysianbar.org.my, and refer to the Foreign Lawyers section under the Resources tab, for more information regarding the liberalisation of legal
services.
Special Committee of the Bar Council 2015/2016
As a result of the substantial expansion in the work of the Bar Council over the years, a Special Committee of the Bar Council has been set up to assist the Bar Council in its deliberations, pursuant
to section 58 of the Legal Profession Act 1976.
The Bar Council has appointed M Ramachelvam (Pahang Bar), Khaizan Sharizad Ab Razak (Kuala Lumpur Bar) and Raphael Tay Choon Tien (Kuala Lumpur Bar) to serve on this Special Committee
for the 2015/2016 term.
Members of the Special Committee are entitled to contribute to discussions of the Bar Council but are not entitled to vote in respect of Bar Council matters where a vote may be required.
Broker for the Malaysian Bar's Professional Indemnity Insurance Scheme 2016/2017
Bar Council conducted an open tender exercise in April 2015 to appoint a broker for the Malaysian Bar's Professional Indemnity Insurance Scheme 2016/2017. After reviewing proposals submitted
by two brokers, Jardine Lloyd Thompson Sdn Bhd was reappointed as the broker. Bar Council will commence negotiations on policy terms and conditions soon.
Accreditation of Foreign Mediators by the Malaysian Mediation Centre
Bar Council has decided that foreign mediators may be accredited as mediators on the panel of mediators for the Malaysian Mediation Centre. The definition of professional person in the guidelines
for accreditation will be amended accordingly to include foreign persons.
Injunction Sought by Muhammad Shafee Abdullah Against the Malaysian Bar
On 23 June 2015, the High Court dismissed the Malaysian Bars application to set aside the ex parte injunction granted to Muhammad Shafee Abdullah, which prohibited the Bar from discussing a
motion relating to his conduct that had been tabled for the Bars Annual General Meeting on 14 Mar 2015. The High Court had simultaneously allowed the inter partes injunction sought by Muhammad
Shafee Abdullah. There was no order as to costs. The Bar Council has instructed its solicitors to file an appeal to the Court of Appeal.
Case management for the suit, which is premised on defamation as a cause of action, has been fixed for 28 July 2015.
Reference Proceedings in Memory of Karpal Singh s/o Ram Singh (4 Sept 2015)
Reference proceedings in memory of the late Karpal Singh s/o Ram Singh will be held on 4 Sept 2015 (Friday) at 10:00 am, at the Penang Court Complex, Penang.
2016 Professional Indemnity Insurance Scheme Approved
Bar Council has approved the terms and conditions for the 2016 Professional Indemnity Insurance (PII) Scheme. The premium for 2016 has been maintained at RM1,140 per Member, which is the
same premium rate since 2013.
For more details, please refer to Circular No 164/2015 dated 14 Aug 2015, entitled 2016 Professional Indemnity Insurance Renewal | Premium, Terms and Conditions.
On 17 June 2015, Jardine Lloyd Thompson Sdn Bhd, the broker for the PII Scheme, sent an email to all law firms requesting the firms to nominate an authorised person to submit the 2016 PII online
proposal form. This is a prerequisite to access the online renewal system. To renew your PII online, go to www.PRAKTIS.com.my.
Extraordinary General Meeting of the Malaysian Bar (12 Sept 2015)
At its Special Meeting on 21 Aug 2015, the Bar Council decided to convene an Extraordinary General Meeting (EGM) of the Malaysian Bar on 12 Sept 2015 (Saturday).
The matters for discussion at the EGM will include the reports of interference with the ongoing investigation into the flow of funds from SRC international Sdn Bhd (a former subsidiary of 1MDB),
and the transfer of RM2.6 billion into the Prime Minister's private bank accounts, as well as the steps that the Malaysian Bar should take to affirm and uphold the rule of law, and to prevent the
administration of justice from being perverted.

The list above highlights some items featured in Bar Councils General Statements, which were sent out to Members of the Bar from January to December 2015. Access the Malaysian Bar
website at www.malaysianbar.org.my to view these in full. Please note that General Statements are only accessible if you are a registered user of the Malaysian Bar website.

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Library Update
(1 Apr 2015 to 30 June 2015)
BILLS 2014 PRINCIPAL ACTS 2015
TITLE PUBLICATION DATE ACT NO: TITLE

Animal Welfare Act 2015 [DR.19/2015] 13 April 2015 ACT 767 PUBLIC SECTOR HOME FINANCING BOARD ACT 2015
An Act to establish and incorporate the Public Sector Home Financing Board, to
Allied Health Professions Act 2015 [DR.24/2015] 18 June 2015 provide for its functions and powers, and for matters connected therewith.
w.e.f.: - N.Y.F
Anti-Tracking in Persons and Anti-Smuggling of Migrants (Amendment) 9 April 2015
Act 2015 [DR.18/2015] ACT 768 TECHNOLOGISTS AND TECHNICIANS ACT 2015
An Act to provide for the establishment of the Malaysia Board of Technologists
Armed Forces (Amendment) Act 2015 [DR.23/2015] 18 June 2015 and for the registration and recognition of Professional Technologists and Certified
Technicians in providing technology services and technical services and for related
Capital Markets and Services (Amendment) Act 2015 [DR.16/2015] 9 April 2015 matters.
w.e.f.: - N.Y.F
Chemists (Amendment) Act 2015 [DR.1/2015] 30 March 2015 ACT 769 PREVENTION OF TERRORISM ACT 2015
An Act to provide for the prevention of the commission or support of terrorist acts
Civil Aviation (Amendment) Act 2015 [DR.26/2015] 18 June 2015 involving listed terrorist organisations in a foreign country or any part of a foreign
country and for the control of persons engaged in such acts and for related matters.
Consumer Protection (Amendment) Act 2015 [DR.25/2015] 18 June 2015 w.e.f.: - N.Y.F

Criminal Procedure Code (Amendment) Act 2015 [DR.9/2015] 2 April 2015 ACT 770 SPECIAL MEASURES AGAINST TERRORISM IN FOREIGN COUNTRIES ACT 2015
An Act to provide for special measures to deal with persons who engage in the
commission or support of terrorist acts involving listed terrorist organisations in a
Development Financial Institutions (Amendment) Act 2015 [DR.20/2015] 21 May 2015 foreign country or any part of a foreign country and for related matters.
w.e.f.: - 15.6.2015 [P.U.(B) 250/2015]
Electricity Supply (Amendment) Act 2015 [DR.11/2015] 18 June 2015
ACT SUPPLEMENTARY SUPPLY (2014) ACT 2015
Evidence (Amendment) Act 2015 [DR.12/2015] 3 April 2015 A1482 An Act to apply a sum from the Consolidated Fund for additional expenditure for the
service of the year 2014 and to appropriate that sum for certain purposes for that year.
Judges Remuneration (Amendment) Act 2015 [DR.21/2015] 18 June 2015 w.e.f.: 5.6.2015

Malaysian Aviation Commission Act 2015 [DR.13/2015] 9 April 2015

Penal Code (Amendment) Act 2015 [DR.4/2015] 2 April 2015

AMENDING ACTS 2011
Police (Amendment) Act 2015 [DR.22/2015] 18 June 2015 ACT NO: TITLE

Prevention of Crime (Amendment) Act 2015 [DR.8/2015] 2 April 2015 ACT A1407 LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA (AMENDMENT) ACT
2011
Prevention of Terrorism Act 2015 [DR.10/2015] 2 April 2015 Notes: - Amends ss.2,3,4,11,15,20,21,22,23,24, heading of Part.VI, ss.25,26,27,29,30,31,
Part VII (ss.32-33B), s.34, Part IX (ss.35-35W), ss.37, 38, 40, Sch.3.
Prison (Amendment) (No. 2) Act 2015 [DR.5/2015] 2 April 2015 - Inserts new ss.25A, Part VIIA (ss.33C-33F), s.34A, Part VIIIA (ss.34B-34E), ss.38A, 38B,
38C, 39A and Sch.4
w.e.f.: 1.6.2015 [P.U.(B) 232/2015]
Public Sector Home Financing Board Act 2015 [DR.2/2015] 30 March 2015

Securities Commission (Amendment) Act 2015 [DR.14/2015] 9 April 2015

AMENDING ACTS 2012
Security Oences (Special Measures) (Amendment) Act 2015 2 April 2015
[DR.7/2015]
ACT NO: TITLE
Sedition (Amendment) Act 2015 [DR.17/2015] 9 April 2015
ACT A1415 HOUSING DEVELOPMENT (CONTROL AND LICENSING) (AMENDMENT) ACT 2012
Special Measures Against Terrorism in Foreign Countries Act 2015 2 April 2015 Notes: - Amends ss.3,6,7B,8A,16N,16Q,16AD and 24
[DR.6/2015] - Inserts new s.18A
w.e.f.: 1.6.2015 [P.U.(B) 234/2015]
Supplementary Supply (2014) Act 2015 [DR.3/2015] 26 March 2015

AMENDING ACTS 2013

PRINCIPAL ACTS 2013 ACT NO: TITLE
ACT NO: TITLE
ACT A1450 STRATA TITLES (AMENDMENT) ACT 2013
Notes: - Amends preamble by substituting for the words and the Federal Territory of
ACT 757 STRATA MANAGEMENT ACT 2013 Putrajaya the words the Federal Territory of Putrajaya and the Federal Territory of Labuan.
An Act to provide for the proper maintenance and management of buildings and - Amends ss.2,4,7,8,9,10,11,12,13,15,16,17,(heading of Part IV),
common property, and for related matters. ss.20,21,22,25,26,27,28,31,36,37,38,57, 81,Sch.5.
Notes:- Repeals Building and Common Property (Maintenance and Management) Act - Inserts new ss.4B,8A,9A,9B,17A,19A,20A,20B,Sch.6
2007 [Act 663] - Deletes ss.10A,10B,14A,22A,22B,Part VII (s.39-s.55A), Part IXA (s.67A-
w.e.f.:- 1.6.2015 [P.U.(B) 231/2015] In the States of Johore, Kedah, Kelantan, s.67X),ss.76,77,78,Schs.2,3
Malacca, Negeri Sembilan, Pahang, Terengganu, Perak, Perlis and Selangor. w.e.f.: 1.6.2015 [P.U.(B) 238/2015] All sections except s.22 In the States of Johore,
w.e.f.: - 1.6.2015 [P.U.(B) 237/2015] In the Federal Territory of Kuala Lumpur, the Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and
Federal Territory of Labuan and the Federal Territory of Putrajaya. Terengganu
w.e.f.: - 12.6.2015 [P.U.(B) 248/2015] In the States of Penang w.e.f.: 1.6.2015 [P.U.(B) 239/2015] All sections except s.22 - In the Federal Territory
of Kuala Lumpur, the Federal Territory of Putrajaya and the Federal Territory of Labuan

PRINCIPAL ACTS 2014

AMENDING ACTS 2015
ACT NO: TITLE
ACT NO: TITLE
ACT SUPPLY ACT 2015
A1469 An Act to apply a sum from the Consolidated Fund for the service of the year 2015 and ACT A1483 PENAL CODE (AMENDMENT) ACT 2015
to appropriate that sum for the service of that year. Notes: - Amends s.130J
w.e.f.: - 31.12.2014 - Inserts new ss.130FA,130FB,130JA,130JB,130JC,130JD,130TA
w.e.f.: 15.6.2015 [P.U.(B) 252/2015]
ACT A1484 PREVENTION OF CRIME (AMENDMENT) ACT 2015
Notes: - Amends long title by inserting after the words secret societies the words ,
terrorists, ss.2,3,4,7B,9,15,15A,19A,19C,19E,19F,21,23
- Inserts new s.19G
w.e.f.: N.Y.F

82 PRAXIS | JUL-DEC 2015

 BAR UPDATES/NOTICES
ACT A1485 SEDITION (AMENDMENT) ACT 2015 CUSTOMS ACT 1967 [ACT 235] 110/2015
Notes: - Amends ss.2,3,4,6,10 CUSTOMS DUTIES (EXEMPTION) (AMENDMENT) (NO.2) ORDER 2015
- Inserts new ss.5A,6A,10A Issued under s.14(1), Customs Act 1967
w.e.f.: N.Y.F Notes:- Amends Sch., Customs Duties (Exemption) Order 2013, [P.U.(A) 371/2013]
w.e.f.:- 11.6.2015
ACT A1486 PRISON (AMENDMENT) (NO.2) ACT 2015
Notes: - Amends s.7
w.e.f.: N.Y.F CUSTOMS ACT 1967 [ACT 235] 112/2015
CUSTOMS DUTIES (GOODS OF ASEAN COUNTRIES ORIGIN) (ASEAN
HARMONISED TARIFF NOMENCLATURE AND ASEAN TRADE IN GOODS
ACT A1487 SECURITY OFFENCES (SPECIAL MEASURES) (AMENDMENT) ACT 2015 AGREEMENT) (AMENDMENT) (NO.2) ORDER 2015
Notes: - Amends ss.5,6,13,14,20,22,24,Sch.1 Issued under s.11(1), Customs Act 1967
- Inserts new ss.18A,18B Notes:- Amends Sch.2, Customs Duties (Goods of ASEAN Countries Origin)
w.e.f.: 15.6.2015 [P.U.(B)251/2015] (ASEAN Harmonised Tari Nomenclature And ASEAN Trade In Goods Agreement)
Order 2012, [P.U.(A) 277/2012]
ACT A1488 INDUSTRIAL RELATIONS (AMENDMENT) ACT 2015
w.e.f.:- 11.6.2015
Notes: - Amends ss.2A,23A,56
w.e.f.: N.Y.F
DENTAL ACT 1971 [ACT 51] 126/2015
DENTAL (REDUCTION OF PUBLIC SERVICE PERIOD) ORDER 2015
ACT A1489 SECURITIES COMMISSION (AMENDMENT) ACT 2015 Issued under para.49(1)(c), Dental Act 1971
Notes: - General amendment: Amends by inserting after the words Securities Commission Notes:- The Minister grants a reduction from the public service period required
wherever appearing the word Malaysia including in the long title, short title, Parts and under section 48 of the Act from three (3) years to one (1) year to any dental
shoulder notes of the principal Act. practitioners registered on and after 1 July 2015
- All references to the Securities Commission Act 1993 in any written law or document w.e.f.:- 19.6.2015
shall, when this Act comes into operation, be construed as references to the Securities
Commission Malaysia Act 1993
- The Securities Commission established under section 3 of the principal Act shall, when EDUCATIONAL INSTITUTIONS (DISCIPLINE) ACT 1976 [ACT 174] 124/2015
this Act comes into operation, be known as the Securities Commission Malaysia EDUCATIONAL INSTITUTIONS (DISCIPLINE) (AMENDMENT OF FIRST
- Amends ss.2,2A,2G,4,5,6,7,8,9,10,11,13,14,15,17,18,20,21,22,22A,23,24,26,29,30,31A, SCHEDULE) ORDER 2015
31B,31C,31D,31E,31EA,31L,heading of Division 4 of Part IIIA, ss.31N,31O,31P,31Q,31R, Issued under s.22(2), Educational Institutions (Discipline) Act 1976
31V,31W,31Y,31Z, 31ZD,126,135,148,150,150A,151A,152A,160,Sch.1 Notes:- Amends Sch.1, Educational Institutions (Discipline) Act 1976
- Inserts new ss.4A,4B,18A, Part IIIB (ss.31ZE,31ZF,31ZG,31ZH),Part IIIC w.e.f.:- 16.6.2015
(ss.31ZI,31ZJ,31ZK,31ZL,31ZM, 31ZN,31ZO,31ZP),ss.148A,148B,160A
- Deletes ss.31S,151 EMPLOYEES SOCIAL SECURITY ACT 1969 [ACT 4] 108/2015
w.e.f.: N.Y.F EMPLOYEES SOCIAL SECURITY (GENERAL) (AMENDMENT) REGULATIONS
2015
Issued under s.105, Employees Social Security Act 1969
Notes:- Amends reg.32., Employees Social Security (General) Regulations 1971,
LATEST INDEX TO P.U.(A) SERIES 2015 [P.U.(A) 99/1971]
w.e.f.:- 15.6.2015
[P.U.(A) 54/2015 P.U.(A) 127/2015]
As at 30 June 2015
FARMERS ORGANIZATION ACT 1973 [ACT 109] 96/2015
FARMERS ORGANIZATION (AMENDMENT) REGULATIONS 2015
TITLE P.U.(A) NO Issued under s.35, Farmers Organization Act 1973
Notes:- General amendment:- substitutes for the words Minister of Agriculture and
ACCOUNTANTS ACT 1967 [ACT 94] 113/2015 Community Development of Sarawak wherever appearing the words Minister of
ACCOUNTANTS (AMENDMENT OF FIRST SCHEDULE) ORDER 2015 Modernisation of Agriculture of Sarawak
Issued under s.14(7), Accountants Act 1967 - Amends reg.35, Farmers Organization Regulations 1983, [P.U.(A) 303/1983]
Notes:- Amends Sch.1., Accountants Act 1967 w.e.f.:- 25.5.2015
w.e.f.:- 10.6.2015
FEDERAL CONSTITUTION [FGN(NS)885/1957] 117/2015
CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 119/2015 CONSTITUTION OF THE HIGH COURTS (JUDICIAL COMMISSIONERS) (NO.2)
CAPITAL MARKETS AND SERVICES (AMENDMENT OF SCHEDULES 5,6,7 AND ORDER 2015
8) ORDER 2015 Issued under art.122AB(1), Federal Constitution
Issued under s.380, Capital Markets And Services Act 2007 Notes:- Tuan Dr. Haji Alwi bin Haji Abdul Wahab, Tuan Ahmad bin Bache, YBhg. Dato
Notes:- Amends Schs.5,6,7,8, Capital Markets and Services Act 2007 Mohd Firuz bin Jaril, Tuan Mohd Nazlan bin Mohd Ghazali and Tuan Gabriel Gumis
w.e.f.:- 15.6.2015 Humen are appointed to be Judicial Commissioners
w.e.f.:- For a period of two years from 10.4.2015
CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 118/2015
CAPITAL MARKETS AND SERVICES (FEES) (AMENDMENT) REGULATIONS FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 64/2015
2015 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS)
Issued under para.378(2)(b), Capital Markets And Services Act 2007 (BUTTERWORTH OUTER RING ROAD) (AMENDMENT) ORDER 2015
Notes:- Amends reg.10,Schs.1,5,6,7,9,10,11 and inserts new reg.11A,Sch.12, Capital Issued under s.2, Federal Roads (Private Management) Act 1984
Markets and Services (Fees) Regulations 2012, [P.U.(A) 483/2012] Notes:- Amends para.2 and Sch.1, Federal Roads (Private Management) (Collection
w.e.f.:- 15.6.2015 Of Tolls) (Butterworth Outer Ring Road) Order 2007, [P.U.(A) 12/2007]
w.e.f.:- 1.1.2014
CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 120/2015
CAPITAL MARKETS AND SERVICES (NON-APPLICATION OF DIVISION 5 OF FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 63/2015
PART VI) (WHOLESALE FUND) (AMENDMENT) ORDER 2015 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) (EAST
Issued under s.315, Capital Markets And Services Act 2007 COAST EXPRESSWAY PHASE 1) (AMENDMENT) ORDER 2015
Notes:- Amends para.2, Capital Markets and Services (Non-Application of Division 5 Issued under s.2, Federal Roads (Private Management) Act 1984
of Part VI) (Wholesale Fund) Order 2012, [P.U.(A) 477/2012] Notes:- Amends paras.2,3,4,Schs.1,2,3, deletes Schs.4,5,6 and 7, Federal Roads
w.e.f.:- 15.6.2015 (Private Management) (Collection Of Tolls) (East Coast Expressway Phase 1) Order
2007, [P.U.(A) 250/2007]
CAPITAL MARKETS AND SERVICES ACT 2007 [ACT 671] 121/2015 w.e.f.:- 6.12.2011
CAPITAL MARKETS AND SERVICES (PRIVATE RETIREMENT SCHEME
INDUSTRY) (FEES) (AMENDMENT) REGULATIONS 2015 FEDERAL ROADS (PRIVATE MANAGEMENT) ACT 1984 [ACT 306] 65/2015
Issued under ss.139ZI and 139ZJ, Capital Markets And Services Act 2007 FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) (KUALA
Notes:- Amends Sch., Capital Markets And Services (Private Retirement Scheme LUMPUR-KARAK HIGHWAY) (AMENDMENT) ORDER 2015
Industry) (Fees) Regulations 2012, [P.U.(A) 211/2012] Issued under s.2, Federal Roads (Private Management) Act 1984
w.e.f.:- 15.6.2015 Notes:- Amends paras.2,3,Schs.1 and 2, Federal Roads (Private Management)
(Collection of Tolls) (Kuala Lumpur-Karak Highway) Order 1994, [P.U.(A) 369/1994]
CONTROL OF SUPPLIES ACT 1961 [ACT 122] 89/2015 w.e.f.:- 6.12.2011
CONTROL OF SUPPLIES (CONTROLLED ARTICLES) (NO.2) ORDER 2015
Issued under s.5, Control of Supplies Act 1961 FEES ACT 1951 [ACT 209] 87/2015
w.e.f.:- 22.5.2015-2.6.2015 FEES (MEDICAL) (FULL PAYING PATIENT) (AMENDMENT) ORDER 2015
Issued under s.3, Fees Act 1951
CUSTOMS ACT 1967 [ACT 235] 83/2015 Notes:- Amends Sch.1, Fees (Medical) (Full Paying Patient) Order 2007, [P.U.(A)
CUSTOMS (AMENDMENTS) (NO.2) REGULATIONS 2015 252/2007]
Issued under s.142, Customs Act 1967 w.e.f.:- 20.5.2015
Notes:- Amends Sch.1, Customs Regulations 1977, [P.U.(A) 162/1977]
w.e.f.:- 6.5.2015 GOODS AND SERVICES TAX ACT 2014 [ACT 762] 56/2015
GOODS AND SERVICES TAX (AMENDMENT) REGULATIONS 2015
CUSTOMS ACT 1967 [ACT 235] 111/2015 Issued under s.177, Goods and Services Tax Act 2014
CUSTOMS DUTIES (AMENDMENT) (NO.2) ORDER 2015 Notes:- Amends regs.19,34,40,45,47,80,94,113,Schs.1,3, and 4, Goods and Services
Issued under s.11(1), Customs Act 1967 Tax Regulations 2014, [P.U.(A) 190/2014]
Notes:- Amends Sch.1., Customs Duties Order 2012, [P.U.(A) 275/2012] w.e.f.:- 30.3.2015 regs.2,7,8,9,10,11,12
w.e.f.:- 11.6.2015 1.4.2015 regs.3,4,5,6

CUSTOMS ACT 1967 [ACT 235] 98/2015 GOODS AND SERVICES TAX ACT 2014 [ACT 762] 57/2015
CUSTOMS DUTIES (EXEMPTION) (AMENDMENT) ORDER 2015 GOODS AND SERVICES TAX (EXEMPT SUPPLY) (AMENDMENT) ORDER 2015
Issued under s.14(1), Customs Act 1967 Issued under s.18(2), Goods and Services Tax Act 2014
Notes:- Amends Sch., Customs Duties (Exemption) Order 2013, [P.U.(A) 371/2013] Notes:- Amends Sch.2, Goods and Services Tax (Exempt Supply) Order 2014,
w.e.f.:- 29.5.2015 [P.U.(A) 271/2014]
w.e.f.:- 30.3.2015

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GOODS AND SERVICES TAX ACT 2014 [ACT 762] 59/2015 LOANS GUARANTEE (BODIES CORPORATE) ACT 1965 [ACT 96] 114/2015
GOODS AND SERVICES TAX (RELIEF) (AMENDMENT) ORDER 2015 LOANS GUARANTEE (BODIES CORPORATE) (REMISSION OF TAX AND STAMP
Issued under s.56, Goods and Services Tax Act 2014 DUTY) (NO.3) ORDER 2015
Notes:- Amends paras.3,5, and Sch.1, Goods and Services Tax (Relief) Order 2014, Issued under s.10(1), Loans Guarantee (Bodies Corporate) Act 1965
[P.U.(A) 273/2014] Notes:- Any tax payable under the Income Tax Act 1967 [Act 53] and any stamp duty
w.e.f.:- 30.3.2015 payable under the Stamp Act 1949 [Act 378] in relation to the Commodity Murabahah
Term Financing-i Facility Agreement of up to one thousand five hundred million
GOODS AND SERVICES TAX ACT 2014 [ACT 762] 58/2015 ringgit (RM1,500,000,000.00) or the guarantee provided or to be provided by the
GOODS AND SERVICES TAX (ZERO-RATED SUPPLY) (AMENDMENT) ORDER Government of Malaysia on the Facility Agreement shall be remitted in full
2015 a) by the An Hwang Investment Bank Berhad (formerly known as HwangDBS
Issued under s.17, Goods and Services Tax Act 2014 Investment Bank Berhad), the An Islamic Bank Berhad and the Perbadanan
Notes:- Amends Schs.1 and 2, Goods and Services Tax (Zero-Rated Supply) Order Tabung Pendidikan Tinggi Nasional, to which the Act applies by virtue of the Loans
2014, [P.U.(A) 272/2014] Guarantee (Declaration of Bodies Corporate) (Perbadanan Tabung Pendidikan
w.e.f.:- 30.3.2015 Tinggi Nasional) 2004 [P.U.(A) 408/2004], as the parties to the Facility Agreement;
and
HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 [ACT 118] 106/2015 b) by any party to whom the Facility Agreement is transferred or assigned.
HOUSING DEVELOPMENT (CONTROL AND LICENSING) (AMENDMENT) w.e.f.:- 9.6.2015
REGULATIONS 2015
Issued under s.24, Housing Development (Control and Licensing) Act 1966 MEDICAL ACT 1971 [ACT 50] 54/2015
Notes:- Amends regs.2,4,5,8,11,13, Schs. G,H,I and J, and deletes reg.11A, Housing MEDICAL (SETTING OF EXAMINATION FOR PROVISIONAL REGISTRATION)
Development (Control and Licensing) Regulations 1989, [P.U.(A) 58/1989] REGULATIONS 2015
w.e.f.:- 1.7.2015 Issued under para.12(1)(aa) and s.36, Medical Act 1971
Notes:- Revokes Medical (Setting of Examination for Provisional Registration)
HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 [ACT 118] 104/2015 Regulations 2012, [P.U.(A) 251/2012]
HOUSING DEVELOPMENT (HOUSING DEVELOPMENT ACCOUNT) - These Regulations shall apply to any person who holds a qualification referred to in
(AMENDMENT) REGULATIONS 2015 subparagraph 12 (1)(a)(ii) of the Act
Issued under s.24, Housing Development (Control and Licensing) Act 1966 w.e.f.:- 26.3.2015
Notes:- General amendment: Amends in the national language text by substituting for
the word fee wherever appearing the word fi. MINISTERIAL FUNCTIONS ACT 1969 [ACT 2] 60/2015
- Amends regs.1A,3A,4A,7,8,9,11,11A,12A,12B,and 12C, Housing Development MINISTERS OF THE FEDERAL GOVERNMENT (NO.2) (AMENDMENT) ORDER
(Housing Development Account) Regulations 1991, [P.U.(A) 231/1991] 2015
w.e.f.:- 2.6.2015 Issued under s.2, Ministerial Functions Act 1969
Notes:- Amends Sch., Ministers of The Federal Government Order (No.2) 2013,
IMMIGRATION ACT 1959/63 [ACT 155] 66/2015 [P.U.(A) 184/2013]
IMMIGRATION AND PASSPORTS (WANG KELIAN FREE FLOW ZONE) w.e.f.:- 16.5.2013 para.2(a)(iii)
(EXEMPTION) (REVOCATION) 2015 27.6.2014 All paras except para.2(a)(iii)
Issued under s.55, Immigration Act 1959/63 and s.4, Passports Act 1966
Notes:- Revokes Immigration and Passport (Wang Kelian Free Flow Zone) (Exemption) NATIONAL ARCHIVES ACT 2003 [ACT 629] 84/2015
Order 2009, [P.U.(A) 243/2009] NATIONAL ARCHIVES (FEES) REGULATIONS 2015
w.e.f.:- 1.4.2015 Issued under s.45, National Archives Act 2003
Notes:- Revokes Malaysian National Archives (Fees) Regulations 2005, [P.U.(A)
INCOME TAX ACT 1967 [ACT 53] 61/2015 292/2005]
INCOME TAX (EXEMPTION) (NO.3) ORDER 2015 w.e.f.:- 11.5.2015
Issued under para.127(3)(b), Income Tax Act 1967
Notes:- Exempts any person from the payment of income tax in the basis period for NATIONAL LAND CODE [ACT 56/1965] 99/2015
a year of assessment in relation to gains or profits derived, in lieu of interest, from the NATIONAL LAND CODE (SURVEY FEES) (AMENDMENT) ORDER 2015
sukuk wakala in accordance with the principle of Wakala Bil Istithmar. Issued under s.10, National Land Code
- Section 109 of the Act shall not apply to the income exempted under this Order. Notes:- Amends Sch., National Land Code (Survey Fees) Order 1965, [L.N. 486/1965]
w.e.f.:- y/a 2015 w.e.f.:- 1.6.2015

INDUSTRIAL RELATIONS ACT 1967 [ACT 177] 85/2015 NETTING OF FINANCIAL AGREEMENTS ACT 2015 [ACT 766] 55/2015
INDUSTRIAL COURT (DIGITAL RECORDING OF PROCEEDINGS) RULES 2015 NETTING OF FINANCIAL AGREEMENTS (PERIOD OF STAY) ORDER 2015
Issued under s.28, Industrial Relations Act 1967 Issued under s.7(1), Netting of Financial Agreements Act 2015
w.e.f.:- 15.5.2015 w.e.f.:- 30.3.2015

LAND PUBLIC TRANSPORT ACT 2010 [ACT 715] 95/2015 PASSPORTS ACT 1966 [ACT 150] 66/2015
LAND PUBLIC TRANSPORT [COMMERCIAL VEHICLES LICENSING BOARD IMMIGRATION AND PASSPORTS (WANG KELIAN FREE FLOW ZONE)
(RATES OF FARE) (AMENDMENT) (NO.2) RULES 2015] REGULATIONS 2015 (EXEMPTION) (REVOCATION) 2015
Issued under s.252(1)(t), Land Public Transport Act 2010 Issued under s.4, Passports Act 1966 and s.55, Immigration Act 1959/63
Notes:- Amends Sch.1, Commercial Vehicles Licensing Board (Rates of Fare) Rules Notes:- Revokes Immigration and Passport (Wang Kelian Free Flow Zone) (Exemption)
2000, [P.U.(A) 242/2000] Order 2009, [P.U.(A) 243/2009]
w.e.f.:- 23.5.2015 w.e.f.:- 1.4.2015

LAND PUBLIC TRANSPORT ACT 2010 [ACT 715] 122/2015 PORT AUTHORITIES ACT 1963 [ACT 488] 123/2015
LAND PUBLIC TRANSPORT (FEES FOR REMOVAL AND DETENTION OF PORT KELANG AUTHORITY (SCALE OF RATES, DUES AND CHARGES)
RELEVANT VEHICLE) REGULATIONS 2015 (AMENDMENT) BY-LAWS 2015
Issued under s.81(3) and para.252(1)(s), Land Public Transport Act 2010 Issued under ss.16 and 29, Port Authorities Act 1963
w.e.f.:- 13.6.2015 Notes:- Amends Sch.3 and inserts new by-law 37A, Port Kelang Authority (Scale of
Rates, Dues and Charges) By-Laws 2012, [P.U.(A) 125/2012]
LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 [ACT 101/2015 w.e.f.:- 1.9.2015
520]
LEMBAGA INDUSTRI PEMBINAAN MALAYSIA (COMPOUNDING OF OFFENCES) POSTAL SERVICES ACT 2012 [ACT 741] 78/2015
REGULATIONS 2015 POSTAL SERVICES (LICENSING) REGULATIONS 2015
Issued under para.37(2)(i) and s.38C, Lembaga Pembangunan Industri Pembinaan Issued under paras.100(a) and (h), Postal Services Act 2012
Malaysia Act 1994 w.e.f.:- 15.4.2015
w.e.f.:- 1.6.2015
POSTAL SERVICES ACT 2012 [ACT 741] 77/2015
LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 [ACT 102/2015 POSTAL SERVICES (UNIVERSAL SERVICE) REGULATIONS 2015
520] Issued under s.5(2), paras.100(d) and (f), Postal Services Act 2012
LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA (SERVICE OF w.e.f.:- 15.4.2015
NOTICE) REGULATIONS 2015
Issued under para.37(2)(c), Lembaga Pembangunan Industri Pembinaan Malaysia Act PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 90/2015
1994 PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM
Notes:- Revokes Construction Industry (Prescribed Notice) Regulations 1997, [P.U.(A) PRICE) (NO.2) ORDER 2015
116/1997] Issued under s.4, Price Control And Anti-Profiteering Act 2011
w.e.f.:- 1.6.2015 w.e.f.:- 22.5.2015 31.5.2015

LOANS GUARANTEE (BODIES CORPORATE) ACT 1965 [ACT 96] 86/2015 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 92/2015
LOANS GUARANTEE (BODIES CORPORATE) (REMISSION OF TAX AND STAMP PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM
DUTY) (NO.2) ORDER 2015 PRICE) (NO.3) ORDER 2015
Issued under s.10(1), Loans Guarantee (Bodies Corporate) Act 1965 Issued under s.4, Price Control And Anti-Profiteering Act 2011
Notes:- Any tax payable under the Income Tax Act 1967 [Act 53] shall be remitted w.e.f.:- 24.5.2015 2.6.2015
in full by any of the individual or entity in respect of any money payable under
any agreement, note, instrument and document in relation to the product, facility, PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 125/2015
programme and guarantee referred to in paragraph 4. PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM
- Any stamp duty payable under the Stamp Act 1949 [Act 378] in respect of any PRICE) (NO.4) ORDER 2015
agreement, note, instrument and document in relation to the product, facility, Issued under s.4, Price Control And Anti-Profiteering Act 2011
programme and guarantee referred to in paragraph 4 shall be remitted in full. w.e.f.:- 1.7.2015
w.e.f.:- 15.5.2015
PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 79/2015
PRICE CONTROL AND ANTI-PROFITEERING (MARKING OF SERVICE CHARGE
FOR HOTEL AND RESTAURANT) ORDER 2015
Issued under s.10, Price Control And Anti-Profiteering Act 2011
w.e.f.:- 1.5.2015

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PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 91/2015 PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 115/2015
PRICE CONTROL AND ANTI-PROFITEERING (PRICE MARKING OF PRICE- PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE
CONTROLLED GOODS) (NO.2) ORDER 2015 PUBLICATIONS) (NO.11) ORDER 2015
Issued under s.10, Price Control And Anti-Profiteering Act 2011 Issued under s.7(1), Printing Presses and Publications Act 1984
w.e.f.:- 22.5.2015 31.5.2015 Notes:- The printing, importation, production, reproduction, publishing, sale, issue,
circulation, distribution or possession of Sakit Apakah Ubatnya? Penelitian Daripada
PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 [ACT 723] 93/2015 Al-Quran Dan Hadis by Wan Md Jamal Bin Hj. Wan Md Saman, 55 Dongeng
PRICE CONTROL AND ANTI-PROFITEERING (PRICE MARKING OF PRICE- Teladan Untuk Anak Muslim by MB. Rahimsyah.AR, Misteri Aneh dan Ganjil
CONTROLLED GOODS) (NO.3) ORDER 2015 Bukti Keagungan Allah by Abu Talhah Iqamuddin and Misteri Aneh dan Ganjil 2:
Issued under s.10, Price Control And Anti-Profiteering Act 2011 Membongkar Kewujudan Makhluk Halus by Abu Talhah Iqamuddin are absolutely
w.e.f.:- 24.5.2015 2.6.2015 prohibited throughout Malaysia.
w.e.f.:- 10.6.2015
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 67/2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 116/2015
PUBLICATIONS) (NO.2) ORDER 2015 PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE
Issued under s.7(1), Printing Presses and Publications Act 1984 PUBLICATIONS) (NO.12) ORDER 2015
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, Issued under s.7(1), Printing Presses and Publications Act 1984
circulation, distribution or possession of Sebongkah Batu Di Kuala Berang, Notes:- The printing, importation, production, reproduction, publishing, sale, issue,
Karbala, Tiga Kali Seminggu and Ingin Jadi Nasrallah by Faisal Tehrani are circulation, distribution or possession of Muhammad: A Story of Gods Messenger
absolutely prohibited throughout Malaysia. and the Revelation that Changed the World by Deepak Chopra, and The Golden
w.e.f.:- 2.4.2015 Laws: History through the Eyes of the Eternal Buddha by Ryuho Okawa are
absolutely prohibited throughout Malaysia.
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 68/2015 w.e.f.:- 10.6.2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE
PUBLICATIONS) (NO.3) ORDER 2015 RENEWABLE ENERGY ACT 2011 [ACT 725] 82/2015
Issued under s.7(1), Printing Presses and Publications Act 1984 RENEWABLE ENERGY (AMENDMENT OF SCHEDULE) ORDER 2015
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, Issued under s.63, Renewable Energy Act 2011
circulation, distribution or possession of KOMPLOT PENJARAKAN ANWAR: Najib Notes:- Amends Sch., Renewable Energy Act 2011
jatuh hukum, hakim ikut skrip by Zunar is absolutely prohibited throughout Malaysia. w.e.f.:- 6.5.2015
w.e.f:- 7.4.2015
RENEWABLE ENERGY ACT 2011 [ACT 725] 88/2015
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 69/2015 RENEWABLE ENERGY (AMENDMENT OF SCHEDULE) ORDER 2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE CORRIGENDUM
PUBLICATIONS) (NO.4) ORDER 2015 Notes:- Corrigendum to [P.U.(A) 82/2015]
Issued under s.7(1), Printing Presses and Publications Act 1984
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, ROAD TRANSPORT ACT 1987 [ACT 333] 100/2015
circulation, distribution or possession of THE CONSPIRACY TO IMPRISON ANWAR: ROAD TRANSPORT (PROHIBITION OF USE OF ROAD) (CITY OF KUALA
Najib convicts, judges follow the script by Zunar is absolutely prohibited throughout LUMPUR) ORDER 2015
Malaysia. Issued under ss.70(1) and (2), Road Transport Act 1987
w.e.f.:- 7.4.2015 w.e.f.:- 1.6.2015

PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 70/2015 SAFEGUARDS ACT 2006 [ACT 657] 62/2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE SAFEGUARDS (SAFEGUARD MEASURE) (AGREEMENT ON TRADE IN GOODS
PUBLICATIONS) (NO.5) ORDER 2015 UNDER THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC
Issued under s.7(1), Printing Presses and Publications Act 1984 CO-OPERATION BETWEEN THE ASSOCIATION OF SOUTHEAST ASIAN
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, NATIONS AND THE REPUBLIC OF INDIA) REGULATIONS 2015
circulation, distribution or possession of Pirates of the Carry-BN by Zunar is Issued under s.40A(2), Safeguards Act 2006
absolutely prohibited throughout Malaysia. w.e.f.:- 1.4.2015
w.e.f.:- 7.4.2015
STAMP ACT 1949 [ACT 378] 97/2015
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 71/2015 STAMP DUTY (ADHESIVE STAMP) RULES 2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE Issued under para.82(a), Stamp Act 1949
PUBLICATIONS) (NO.6) ORDER 2015 w.e.f.:- 1.2.2009
Issued under s.7(1), Printing Presses and Publications Act 1984
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, STRATA MANAGEMENT ACT 2013 [ACT 757] 107/2015
circulation, distribution or possession of Islam: Politik dan Spiritual by Hafidz STRATA MANAGEMENT (MAINTENANCE AND MANAGEMENT) REGULATIONS
Abdurrahman is absolutely prohibited throughout Malaysia. 2015
w.e.f.:- 11.4.2015 Issued under s.150, Strata Management Act 2013
Notes:- Revokes any regulations made under the Building and Common Property
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 72/2015 (Maintenance and Management) Act 2007, [Act 663]
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE w.e.f.:- 2.6.2015
PUBLICATIONS) (NO.7) ORDER 2015
Issued under s.7(1), Printing Presses and Publications Act 1984 STRATA MANAGEMENT ACT 2013 [ACT 757] 103/2015
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, STRATA MANAGEMENT (STRATA MANAGEMENT TRIBUNAL) REGULATIONS
circulation, distribution or possession of In The Path Of God Islam And Political 2015
Power by Daniel Pipes is absolutely prohibited throughout Malaysia. Issued under s.124, Strata Management Act 2013
w.e.f.:- 11.4.2015 w.e.f.:- 1.7.2015

PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 73/2015 STRATA TITLES ACT 1985 [ACT 318] 105/2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE STRATA TITLES (AMENDMENT OF FORMS) ORDER 2015
PUBLICATIONS) (NO.8) ORDER 2015 Issued under ss.4A(4) and 84, Strata Titles Act 1985
Issued under s.7(1), Printing Presses and Publications Act 1984 Notes:- Amends forms, Strata Titles Act 1985
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, w.e.f.:- 1.6.2015
circulation, distribution or possession of English Translation of the Meanings of the
Holy Quran by The Message International USA, Saheeh International UK, Dar Al STRATA TITLES ACT 1985 [ACT 318] 127/2015
Mountada Saudi Arabia, Al Qummah Eqypt is absolutely prohibited throughout STRATA TITLES (FEDERAL TERRITORY OF KUALA LUMPUR) RULES 2015
Malaysia. Issued under s.81, Strata Titles Act 1985
w.e.f.:- 11.4.2015 Notes:- Revokes Strata Titles (Federal Territory of Kuala Lumpur) Rules 1988, [P.U.(A)
164/1988]
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 74/2015 w.e.f.:- 18.6.2015
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE
PUBLICATIONS) (NO.9) ORDER 2015 STATUTORY BODIES (DISCIPLINE AND SURCHARGE) ACT 2000 [ACT 605] 94/2015
Issued under s.7(1), Printing Presses and Publications Act 1984 STATUTORY BODIES (DISCIPLINE AND SURCHARGE) (AMENDMENT OF FIRST
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, SCHEDULE) ORDER 2015
circulation, distribution or possession of Rahsia & Khasiat Huruf-Huruf Hijaiyyah Issued under s.23(3), Statutory Bodies (Discipline And Surcharge) Act 2000
(Siri Perubatan Islam) by Abu Al-Baqir Ad-Dusuqi (Ustaz Mohd Fadil bin Arin) is Notes:- Amends Sch.1, Statutory Bodies (Discipline And Surcharge) Act 2000
absolutely prohibited throughout Malaysia. w.e.f.:- 23.5.2015
w.e.f.:- 11.4.2015
WATER SERVICES INDUSTRY ACT 2006 [ACT 655] 80/2015
PRINTING PRESSES AND PUBLICATIONS ACT 1984 [ACT 301] 75/2015 WATER SERVICES INDUSTRY (RATES FOR WATER SUPPLY SERVICES)
PRINTING PRESSES AND PUBLICATIONS (CONTROL OF UNDESIRABLE (STATE OF MALACCA) (AMENDMENT) REGULATIONS 2015
PUBLICATIONS) (NO.10) ORDER 2015 Issued under paras.84(2)(a) and 179(i), Water Services Industry Act 2006
Issued under s.7(1), Printing Presses and Publications Act 1984 Notes:- Amends Sch., Water Services Industry (Rates for Water Supply Services)
Notes:- The printing, importation, production, reproduction, publishing, sale, issue, (State of Malacca) Regulations 2010, [P.U.(A) 372/2010]
circulation, distribution or possession of Pagar Hikmah Himpunan Amalan Tok w.e.f.:- 1.5.2015
Janggut by Haji Abdul Razak bin Kasman (Tok Janggut), Dunia Hikmat by Ali
Zulfakar and Amalan Hikmat & Rahsia Dari Al-Quran by Ustaz Kurdi Ismail Hj. Za are
absolutely prohibited throughout Malaysia. WATER SERVICES INDUSTRY ACT 2006 [ACT 655] 81/2015
w.e.f.:- 11.4.2015 WATER SERVICES INDUSTRY (RATES FOR WATER SUPPLY SERVICES)
(STATE OF NEGERI SEMBILAN) REGULATIONS 2015
Issued under paras.84(2)(a) and 179(i), Water Services Industry Act 2006
w.e.f.:- 1.5.2015

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WATER SERVICES INDUSTRY ACT 2006 [ACT 655] 76/2015 LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA (AMENDMENT) 232/2015
WATER SERVICES INDUSTRY (WATER RETICULATION AND PLUMBING) ACT 2011 [ACT A1407]
(AMENDMENT) RULES 2015 APPOINTMENT OF DATE OF COMING INTO OPERATION
Issued under s.180, Water Services Industry Act 2006 Notes:- 1 June 2015 appointed as the date of coming into operation of the Lembaga
Notes:- Amends Sch.1, Water Services Industry (Water Reticulation and Plumbing) Pembangunan Industri Pembinaan Malaysia (Amendment) Act 2011
Rules 2014, [P.U.(A) 36/2014] w.e.f.:- 1.6.2015
w.e.f.:- 15.4.2015 All rules except paras. 2(a)(ii) and 2(b)(i)(B)
14.4.2017 Paras.2(a)(ii) and 2(b)(i)(B) NATIONAL LANGUAGE ACTS 1963/67 [ACT 32] 132/2015
PRESCRIPTION UNDER SECTION 6
Notes:- The Prime Minister prescribes that the authoritative text of the Special Measures
WORKMENS COMPENSATION ACT 1952 [ACT 273] 109/2015 Against Terrorism in Foreign Countries Bill 2015 to be introduced in the First Meeting of
WORKMENS COMPENSATION (FOREIGN WORKERS COMPENSATION the Third Session of the Thirteenth Parliament is the text in the English language.
SCHEME) (INSURANCE) (AMENDMENT) ORDER 2015 w.e.f.:- 31.3.2015
Issued under s.26(2), Workmens Compensation Act 1952
Notes:- Amends Sch., Workmens Compensation (Foreign Workers Compensation PENAL CODE (AMENDMENT) ACT 2015 [ACT A1483] 252/2015
Scheme) (Insurance) Order 2005, [P.U.(A) 45/2005] APPOINTMENT OF DATE OF COMING INTO OPERATION
w.e.f.:- 10.6.2015 Notes:- 15 June 2015 appointed as the date of coming into operation of the Penal Code
(Amendment) Act 2015
w.e.f.:- 15.6.2015

LATEST INDEX TO SELECTED P.U.(B) SERIES 2015 PRISON ACT 1995 [ACT 537] 188/2015
As at 30 June 2015 APPOINTMENT OF LOCK-UP TO BE A PLACE OF CONFINEMENT
Notes:- The lock-up at the Kuala Terengganu Syariah Court, Terengganu to be a place
for the confinement of persons, remanded or sentenced to such terms of imprisonment,
TITLE P.U.(B) NO not exceeding one month.
w.e.f.:- 25.4.2015
CHILD ACT 2001 [ACT 611] 236/2015
APPOINTMENT OF HENRY GURNEY SCHOOL SECURITY OFFENCES (SPECIAL MEASURES) (AMENDMENT) ACT 2015 [ACT 251/2015
Notes:- The Minister appoints the area and all buildings surrounded by chain-link fences A1487]
situated on Lot 862, Block 4, Land District of Sentah Segu, Kuching, Sarawak and APPOINTMENT OF DATE OF COMING INTO OPERATION
designated as Henry Gurney School, Puncak Borneo, Kuching, Sarawak with eect Notes:- 15 June 2015 appointed as the date of coming into operation of the Security
from 1 June 2015 Oences (Special Measures) (Amendment) Act 2015
w.e.f.:- 1.6.2015 w.e.f.:- 15.6.2015

CONSTITUTION OF THE STATE OF PENANG [FGS(NS)886/1957] 223/2015 SPECIAL MEASURES AGAINST TERRORISM IN FOREIGN COUNTRIES ACT 2015 250/2015
APPOINTMENT OF HIS EXCELLENCY THE YANG DI-PERTUA NEGERI OF THE [ACT 770]
STATE OF PENANG APPOINTMENT OF DATE OF COMING INTO OPERATION
w.e.f.:- For a term of two years with eect from 1 May 2015 Notes:- 15 June 2015 appointed as the date of coming into operation of the Special
Measures Against Terrorism In Foreign Countries Act 2015
COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 208/2015 w.e.f.:- 15.6.2015
NOTICE OF INITIATION OF AN ANTI-DUMPING DUTY INVESTIGATION WITH
REGARD TO THE IMPORTS OF COLD ROLLED STAINLESS STEEL IN COILS, STRATA MANAGEMENT ACT 2013 [ACT 757] 231/2015
SHEETS OR ANY OTHER FORM ORIGINATING OR EXPORTED FROM CHINESE APPOINTMENT OF DATE OF COMING INTO OPERATION
TAIPEI, FINLAND , FRANCE, HONG KONG, JAPAN, PEOPLES REPUBLIC OF Notes:- 1 June 2015 appointed as the date of coming into operation of the Strata
CHINA, REPUBLIC OF INDONESIA, REPUBLIC OF KOREA AND SOCIALIST Management Act 2013 in the States of Johore, Kedah, Kelantan, Malacca, Negeri
REPUBLIC OF VIET NAM (AD 01/15) Sembilan, Pahang, Terengganu, Perak, Perlis and Selangor.
w.e.f.:- 29.4.2015 w.e.f.:- 1.6.2015

COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993 [ACT 504] 207/2015 STRATA MANAGEMENT ACT 2013 [ACT 757] 237/2015
NOTICE OF INITIATION OF AN ANTI-DUMPING DUTY INVESTIGATION WITH APPOINTMENT OF DATE OF COMING INTO OPERATION
REGARD TO THE IMPORTS OF PREPAINTED, PAINTED OR COLOUR COATED Notes:- 1 June 2015 appointed as the date of coming into operation of the Strata
STEEL COILS ORIGINATING OR EXPORTED FROM THE PEOPLES REPUBLIC OF Management Act 2013 in the Federal Territory of Kuala Lumpur, the Federal Territory of
CHINA AND SOCIALIST REPUBLIC OF VIET NAM (AD 02/15) Labuan and the Federal Territory of Putrajaya.
w.e.f.:- 29.4.2015 w.e.f.:- 1.6.2015

HOUSING DEVELOPMENT (CONTROL AND LICENSING) (AMENDMENT) ACT 234/2015 STRATA MANAGEMENT ACT 2013 [ACT 757] 248/2015
2012 [ACT A1415] APPOINTMENT OF DATE OF COMING INTO OPERATION
APPOINTMENT OF DATE OF COMING INTO OPERATION Notes:- 12 June 2015 appointed as the date of coming into operation of the Strata
Notes:- 1 June 2015 appointed as the date of coming into operation of the Housing Management Act 2013 in the State of Penang.
Development (Control And Licensing) (Amendment) Act 2012 w.e.f.:- 12.6.2015
w.e.f.:- 1.6.2015
STRATA TITLES (AMENDMENT) ACT 2013 [ACT A1450] 238/2015
LEGAL PROFESSION ACT 1976 [ACT 166] 247/2015 APPOINTMENT OF DATE OF COMING INTO OPERATION
NOTIFICATION UNDER SUBSECTION 76(1) Notes:- 1 June 2015 appointed as the date of coming into operation of the Strata Titles
Notes:- a) The persons named in the Schedule have been appointed as members of the (Amendment) Act 2013 in the States of Johore, Kedah, Kelantan, Malacca, Negeri
Bar Council and members of the State Bar Committees for the year 2015/2016; and Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu except section 22.
b) Puan Cheah Yee Lynn, Karen has been elected as the Secretary of the Malaysian Bar. w.e.f.:- 1.6.2015
w.e.f.:- 12.6.2015
STRATA TITLES (AMENDMENT) ACT 2013 [ACT A1450] 239/2015
APPOINTMENT OF DATE OF COMING INTO OPERATION
Notes:- 1 June 2015 appointed as the date of coming into operation of the Strata Titles
(Amendment) Act 2013 in the Federal Territory of Kuala Lumpur, the Federal Territory of
Putrajaya and the Federal Territory of Labuan except section 22.
w.e.f.:- 1.6.2015

NEW BOOKS

Abu Bakar Munir. Data protection law in Asia. Hong Kong: Thomson Reuters Hong Kong Limited, 2014.
Chew, Leslie. Introduction to the law and practice of arbitration in Singapore. Singapore: LexisNexis, 2010.
Chow, Kok Fong, Lim Chong Fong & Oon Chee Kheng. Adjudication of construction payment disputes in Malaysia: navigating the Construction Industry Payment and
Adjudication Act. Petaling Jaya: LexisNexis, 2014.
Chua, Annie. Malaysian GST legislation plus 2015: featuring key sectional commentary and cross-references. Subang Jaya: Sweet & Maxwell, 2015.
Core values of an eective judiciary. Singapore: Academy Publishing, 2015.
Das, Cyrus [Ed]. Employment and industrial relations law in Malaysia. Ampang: Malaysian Current Law Journal: Malaysian Society for Labour and Social Security Law, 2013.
Farid Sufian Shuaib, Tajul Aris Ahmad Bustami & Mohd Hisham Mohd Kamal. Administration of Islamic law in Malaysia: text and material. Petaling Jaya: LexisNexis,
2010.
GST 360: a comprehensive compendium. Petaling Jaya: LexisNexis, 2015.
Intellectual property law guide 2013/14 from LexisNexis : the 1st annual guide to IP law in Asia. Petaling Jaya: LexisNexis, 2014.
Nik Norzrul Thani, Mohamed Ridza Abdullah & Megat Hizaini Hassan. Law and practice of Islamic banking and finance. Subang Jaya: Sweet & Maxwell, 2015.
R.C.I Anson Banks [Ed]. Lindley & Banks on partnership. 19th ed. London: Sweet & Maxwell, 2010.
R.C.I Anson Banks [Ed]. Lindley & Banks on partnership: second supplement to the nineteenth edition. London: Sweet & Maxwell, 2013.
Sause, Jeanette Soderlund & Malin Edmar. Domain names: strategies and legal aspects. London: Sweet & Maxwell, 2015.
Tang, Hang Wu, Micheal Hor & Koh Swee Yen. The practice of law. Singapore: LexisNexis, 2011.
Teo, Say Eng. Hak anda dan undang-undang. Petaling Jaya: LexisNexis, 2007.
The Malaysian judiciary yearbook 2014. Putrajaya: Chief Registrars Oce, Federal Court of Malaysia, 2015.
Verma, J.K. B.R. Ghaiyes Misconduct in employment: with specimen charge-sheet. 3rd ed. Lucknow: Eastern Book Company, 2015.

86 PRAXIS | JUL-DEC 2015

 BAR UPDATES/NOTICES

Notice Regarding Documents in Bar Councils Custody:

Legal Firms in which Bar Council has Intervened
(As at 28 Oct 2015)
When Bar Council intervenes in a legal firm pursuant to powers conferred by the Legal Profession Act 1976, it can take custody of documents that are
within the control or possession of the firm. Subsequently, Bar Council takes steps to notify clients and/or interested parties to collect their documents
within the stipulated time period. However, many documents are uncollected and remain in Bar Councils custody, such as those taken from the legal
firms listed below.

Clients or interested parties who wish to claim documents that relate to cases that were handled by these legal firms are advised to contact the Bar
Councils Intervention Department at 03-2050 2159.
Kuala Lumpur Messrs Mohd Zawawi Amelda & Partners Messrs Bhaarathee & Associates Johore
Messrs Herlina & Co Messrs C K Kow & Co Messrs Zainal Rashid & Partners Messrs Razak & Fakrul
Messrs Rina Noor & Co Messrs Nazli Ghazali & Cheong Messrs Jaharberdeen & Ngo Messrs Baharuddin & Partners
Messrs Kushairi & Co Messrs Zaim Al-Amin & Assoc Messrs Jauhari & Assoc Messrs Rosli Rahman & Co
Messrs Loh & Co Messrs Su How & Co Messrs H K Teh & Assoc Messrs J L Lim & Co
Messrs Yusof Abdullah & Partners Messrs M W Lian & Assoc. Messrs Sabri Nazli Lana & Azizan Messrs Mariam & Co
Messrs R K Nandy & Associates Messrs Zihin Shariff & Partners Messrs Penney Khoo Soh Ping & Co Messrs K Y Teo & Associates
Messrs Badri Kuhan Yeoh & Ghandi Messrs Khalid Chung & Shankar Messrs Umar Baki & Co Messrs Wu & Co
Messrs K E Ooi & Partners Messrs Nordin Hamid & Co Messrs Cheong & Chong Negeri Sembilan
Messrs Anuar S J Ong & Co Messrs Raja Rohana & Co Messrs Hassan Kuldeep & Co Messrs M. Kuppusamy & Co
Messrs Adi Azhar Messrs Abdullah-Haniff & Assoc Messrs Khalil Samsuni & Co Messrs Sasi Kumar & Assoc
Messrs B C Low Selangor Malacca Messrs S F Leow
Messrs Sooriyar & Co Messrs Donald Lai & Associates Messrs Ang Kwee Thian & Associates Messrs Azizi Nizam & Anwar
Messrs Y H Chan & Co Messrs Irzuan Messrs Tuah Hilmy & Hazudin Perak
Messrs Shaik Anwar Raja Messrs Sajali & Co Messrs Parthan & Associates Messrs J S Olikh & Co
Messrs P L Low & Co Messrs J M Zain & Associates Messrs YC Pok & Zurina Messrs Ravi Nair Maideen & Assoc.
Messrs Wan Nizar Rais Messrs Loh & Co Messrs Ganesan Mariapan & Co Messrs Mohd Azhar & Co
Messrs Par Govind & Co Messrs Bagia Sri Devi & Co Pahang Kedah/Perlis
Messrs Hadi & Co Messrs Noi Messrs Yum Ng & Stanley Messrs Jamaludin Amin & Co
Messrs Michael Lim & Assoc. Messrs Zubaidah Mukhtar Ahmad Messrs Zul & Co Penang
Messrs Yusuf Abdul Rahman & Co Messrs S. Letchumanan & H. Nizam Messrs Zachery & Co Messrs A J Hamzah & Co
Messrs Khoo Chye Beng & Assoc
As at 28 Oct 2015

List Of Struck Off Members Wherein Appeal/

Reinstatement Allowed
Reinstatement
NO MEMBER DATE OF ORDER REMARKS Practice Status

1. Mohamad b Ibrahim 27 Jan 1996 30 Mar 2015 Application for reinstatement allowed by the High Court

Note:
In possession of SA/PC 2015

Disciplinary Orders
(April to August 2015)
FINED Josephine A/P Puspanathan 18 Apr 2015 5,000
NAME ORDER DATED FINED (RM) (J/332)
Ashokvijay J Sanghrajka (A/843) 17 Apr 2015 2,000 Yong Chee Kheong (Y/286) 18 Apr 2015 3,000
Dennis Lim Kian Ser (L/179) 17 Apr 2015 1,000 Abdul Razak Bin Jamaludin 14 May 2015 5,000
Kong Kai Jye (K/967) 17 Apr 2015 1,000 (A/787)
Ling Yoke Hooi (L/779) 17 Apr 2015 3,000 Bavani A/P M. Sooriamoorthy 14 May 2015 10,000
Ritish Kumar Nandy A/L Milon 17 Apr 2015 50,000 (B/112)
Nandy (R/426) Chin Choi Choo (C/358) 14 May 2015 30,000
Voo Petter (V/36) 17 Apr 2015 3,000 K Bagia Sri Devi A/P 14 May 2015 10,000
Firdaus Bin Mohd Yusoff (F/391) 18 Apr 2015 3,000 Krishnamoorthi (K/778)
Kamarudin B Md Yusof (K/298) 14 May 2015 10,000

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 BAR UPDATES/NOTICES
Mohd Husni B Osman (M/481) 14 May 2015 5,000 Abdul Nasir Bin Abdul Aziz 14 Aug 2015 3,500
Mohd Rafiq Bin Zakaria (M/1851) 14 May 2015 1,000 (A/941)
Mohd Taufik Bin Md Tahir 14 May 2015 5,000 Adibah Azila Binti Suhaimi 14 Aug 2015 3,000
(M/1306) (A/1996)
Nasrul Amili Bin Abdullah 14 May 2015 10,000 Afiana Binti Husin (A/1572) 14 Aug 2015 3,000
(N/1366) Ahmad Farouq Bin Kamaruddin 14 Aug 2015 1,000
Raymond Chu Hon Fai (C/915) 14 May 2015 500 (A/1928)
Shahril B Lamin (S/233) 14 May 2015 5,000 Aldamier Bin Hadjikain (A/1199) 14 Aug 2015 3,000
Sritharan A/L K Govindan (S/895) 14 May 2015 5,000 Anuar Bin Che Ahmad (A/799) 14 Aug 2015 1,000
Wan Faridah Hanim Binti Wan 14 May 2015 1,500 Arif Lokman Bin Ubaidah (A/1033) 14 Aug 2015 3,000
Abdul Kadir (W/167) Armiy Rais Bin Ahmad 14 Aug 2015 4,000
William Edwin S/O Edwin John 14 May 2015 15,000 Sharifuddin (A/813)
(W/348) Augustin Nicholson (A/224) 14 Aug 2015 3,000
Pathmanathan A/L Ramasamy 16 May 2015 5,000 Cara Yasmin Binti Kamaruddin 14 Aug 2015 3,000
(P/157) (C/1459)
Paul Krishnaraja A/L Selladurai 15 May 2015 1,000 Choong Fui-Yu (C/1307) 14 Aug 2015 3,000
(P/137) Engku Saifuddin Bin Ku Ajid 14 Aug 2015 2,500
Salvaraju A/L Kanniah (S/1365) 15 May 2015 3,000 (E/78)
Smita S Lakhiani (S/1885) 15 May 2015 2,500 Hidayatul Manna Binti Mohd Noor 14 Aug 2015 3,000
Uma Parvathy A/P R Thothathri 15 May 2015 2,000 (H/864)
(U/32) Jeffri Cheong Siu-Kong (J/487) 14 Aug 2015 3,000
Harjit Singh Sandhu (H/486) 19 June 2015 10,000 Khalilah Binti Abdul Rasip (K/730) 14 Aug 2015 3,000
Hong Kim Piow (H/108) 19 June 2015 5,000 Kua Ying-Xin (K/1112) 14 Aug 2015 3,000
Justin Hong Shiung Leong (J/495) 19 June 2015 1,000 Lee Beal Seng (L/710) 14 Aug 2015 4,000
Mohd Faizal Bin Hassan (M/1193) 19 June 2015 1,000 Lily Farizon Binti Karim (L/1640) 14 Aug 2015 5,000
Roslie Bin Sulle (R/775) 19 June 2015 20,000 Lim Sze Chan (L/1944) 14 Aug 2015 3,000
Silvaraju A/L Ramu (S/331) 19 June 2015 30,000 Mohammad Faizal Bin Marzuki 14 Aug 2015 3,000
Sumathi Shanmugam (S/527) 19 June 2015 6,000 (M/1582)
Tang Jay Son (T/774) 19 June 2015 4,000 Mohammad Imran Bin Adam 14 Aug 2015 2,500
Wong Yoke Cheng (W/450) 19 June 2015 1,000 (M/1293)
Yap Ooi Lye (Y/535) 19 June 2015 8,000 Mohd Hanif B Abdul Rahman 14 Aug 2015 4,000
Md. Zahar Bin Ngah (M/797) 20 June 2015 20,000. Further ordered (M/378)
to make restitution to the Mohd Nasrul Bin Md Nor 14 Aug 2015 3,000
complainant the sum of (M/1941)
RM32,000 within one Mohd Syahril Bin Daud (M/1849) 14 Aug 2015 3,000
month from date of Order Muhamad Anwar Bin Zamree 14 Aug 2015 3,000
and in default thereof the (M/1854)
respondent shall pay a Muhammad Afiq Bin Mohamad 14 Aug 2015 3,000
further fine of RM10,000 Noor (M/1994)
being the increased Muhammad Nazir Bin Mohd Nazri 14 Aug 2015 3,000
penalty pursuant to section (M/2331)
103D(5) of the LPA. Narziah Binti Naziri (N/1863) 14 Aug 2015 1,000
Daud Bin Asmoni (D/106) 24 July 2015 3,000 Norliza Binti Rosley (N/1983) 14 Aug 2015 3,000
Lai Tak Soon (L/687) 24 July 2015 5,000 Normala Binti Ismail (N/2426) 14 Aug 2015 3,000
Mohd Sahal Bin Baharom (M/693) 24 July 2015 50,000. Further ordered Norsyamimi Binti Bukhari 14 Aug 2015 3,000
to make restitution to the (N/2626)
complainant the sum of Nur Hidayatul Khzarina Binti 14 Aug 2015 3,000
RM212,200 within one Mohd Khalid (N/2143)
month from date of Order Nur Safirah Binti Sobri (N/1885) 14 Aug 2015 3,000
and in default thereof the Nurul Nadia Akmar Binti 14 Aug 2015 500
respondent shall pay a Baharudin (N/2480)
further fine of RM25,000 Razairul Haffiz Bin Md Razib 14 Aug 2015 3,000
being the increased (R/904)
penalty pursuant to section Roger Bin Stimin (R/952) 14 Aug 2015 3,000
103D(5) of the LPA. Siti Hidayah Binti Abdullah 14 Aug 2015 3,000
Nor Arfaiza Binti Abd Halim 24 July 2015 10,000 (S/2776)
(N/1436) Suhaimi B Baharudin (S/415) 14 Aug 2015 3,000
Lee Yin Shaiur (L/955) 25 July 2015 5,000 Tiew Way Keng (T/1149) 14 Aug 2015 2,500
Mohd Allaudin Bin Mat Nor 25 July 2015 2,000 Toh Poh Leng (T/1096) 14 Aug 2015 2,000
(M/1109) Yong Seluwati Binti Alias (Y/492) 14 Aug 2015 2,000
Prathiba A/P Samikanno (P/292) 25 July 2015 3,000 Zaida Binti Che Bali (Z/467) 14 Aug 2015 500
Tini Suhaila Binti Othman (T/1146) 25 July 2015 2,000 Zamaludin Bin Abdullah (Z/431) 14 Aug 2015 3,000

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 BAR UPDATES/NOTICES
Abdul Roni B Abd Rahman 15 Aug 2015 4,000 STRUCK OFF
(A/407) NAME ORDER DATED
Ahmad Fahmi Yahya Bin Osman 15 Aug 2015 3,000 Abdul Halim Bin Yahya (A/1127) 14 May 2015
(A/1177) Hazlan Bin Abd Hamid (H/403) 14 May 2015
Azlan Bin Nimat (A/1017) 15 Aug 2015 3,500 Mohd Busyairy Bin Che Muda (M/1317) 14 May 2015. Further ordered to make
Balkis Farhana Binti Othman 15 Aug 2015 1,000 restitution to the complainant the sum
(B/270) of RM5,000 within one month from date
Hazlinda Binti Abdul Hamid 15 Aug 2015 3,000 of Order.
(H/583) Rokhsah Bt Abd Aziz (R/451) 14 May 2015. Further ordered to make
Khairulazwan Bin Alias (K/870) 15 Aug 2015 1,000 restitution to the complainant the sum
Mohd Fadzil Bin Mohd Yussof 15 Aug 2015 500 of RM28,604.50 within one month from
(M/1369) date of Order.
Mohd Khairul Zaman Bin Ahmad 15 Aug 2015 1,000 Wan Ilias Bin Wan Ahmad (W/350) 14 May 2015. Further ordered to make
Tajuddin (M/2042) restitution to the complainant the sum of
Nithiya A/P Thiahhan(N/1955) 15 Aug 2015 3,000 RM189,719.50 within one month from
Noor Asyikin Binti Md Rodhi 15 Aug 2015 3,000 date of Order.
(N/2734) Aida Zulaiza Binti Yem Ahmad (A/989) 19 June 2015. Further ordered to make
Noor Sheila Afeeza Binti Ramli 15 Aug 2015 1,000 restitution to the complainant the sum
(N/2147) of RM8,000 within one month from date
Noorazlina Binti Noordin (N/1080) 15 Aug 2015 3,000 of Order.
Nurhayati Binti Zakaria (N/1629) 15 Aug 2015 3,000 K. Anandaraj A/L Krishnasamy (A/357) 19 June 2015
Pamela Marie A/P Jerome 15 Aug 2015 3,000 Murali Achan A/L P. E. Achan (M/299) 19 June 2015
Anthony (P/495) Nazariah Bt Abbas (N/136) 25 July 2015. Further ordered to make
Shaiful Omar B Ahmad (S/266) 15 Aug 2015 3,000 restitution to the complaint the sum of
Wong Chim Yiam (W/384) 15 Aug 2015 1,000 RM390,331.30 within one one month
Yeo Lay Hoon (Y/627) 15 Aug 2015 10,000 from date of Order.
Yuzain Bin Md Razak @ Mohd 15 Aug 2015 3,500
SUSPENDED
Yusof (Y/359)
NAME ORDER DATED
REPRIMANDED
Bavanee A/P Subramaniam (B/247) 16 May 2015. Suspended for five years
NAME ORDER DATED with effect from 21 days from date of
Leena A/P V Singam (L/961) 17 Apr 2015 Order and to expire on 5 June 2020.
Rosalind Josephine Lim Poh Choo (L/1329) 14 May 2015 S. Bhaskar A/L Subramaniam (S/2366) 14 August 2015. Suspended for five
Jeeva Kumar A/L Marimuthu (J/269) 14 May 2015 years with effect from 21 days from date
Mohd Fikri Bin Abd Rahman (M/1287) 14 May 2015 of Order and to expire on 3 Sept 2020.
Nooraizan Binti Idris (N/1264) 15 May 2015
Outcome of Appeals against Disciplinary Orders
Suzaini Bt A Aziz (S/429) 15 May 2015
Vivekanandan A/L AMS Periasamy (V/51) 14 May 2015 1) Lian Meng Wah (L/679)
Jarir Jafni Bin Haron (J/527) 19 June 2015 Struck o by Order dated 19 May 2011. High Court dismissed Lian Meng Wahs
Azmer B. Md Saad (A/914) 20 June 2015 appeal on 4 Oct 2011. Court of Appeal also dismissed his appeal on 19 Jan
Foo Hiap Siong (F/388) 20 June 2015 2015.

Mohd Yaacob B (M/311) 20 June 2015

2) Mohd Fadli b Shuib (M/1304)
Tuinthanathan A/L Jagarasah (T/939) 20 June 2015 Struck o by Order dated 23 June 2011. High Court allowed Mohd Fadlis
You Lou Yuh (Y/328) 20 June 2015 appeal on 26 Aug 2012. Bar Council filed an appeal at the Court of Appeal
Zulkepli Bin Omar (Z/152) 20 June 2015 and the appeal was allowed on 22 July 2014. Mohd Fadli filed an appeal at
the Federal Court and on 31 Mar 2015, the Federal Court overturned the struck
Abd. Rahim Bin Mohamed (A/529) 24 July 2015
o order to three years suspension to take eect from the date of the Court of
Mohd Norazam Bin Majid (M/1159) 24 July 2015 Appeals Order dated 22 July 2014, and will expire on 21 July 2017.
Nurul Liyana Binti Mohammad Nasir (N/2360) 24 July 2015
Chew Kit Keong (C/268) 14 Aug 2015 3) Gopalakrishnan @ Muniandy s/o Supramaniam Wah (M/346)
Struck o by Order dated 9 Sept 2011. High Court dismissed Gopalakrishnans
Maznah Bt Kamaruddin (M/325) 14 Aug 2015
appeal on 29 Feb 2012 and varied the Order of the Disciplinary Board, and
replaced it with an order of suspension for three years to take eect from 9 Sept
2011. Bar Council filed an appeal at the Court of Appeal and the appeal was
dismissed on 16 Feb 2015.

JUL-DEC 2015 | PRAXIS 89

 BAR UPDATES/NOTICES
4) Venkatachalam a/l Arunachalam (V/221) 9) Mahendran a/l Gnasamoothy (G/1246)
Fined RM15,000 by Order dated 17 Mar 2012. High Court dismissed Fined RM5,000 by Order dated 9 Dec 2011. High Court dismissed Mahendrans
Venkatachalams appeal on 27 Feb 2013. appeal on 29 Nov 2012. Court of Appeal dismissed Mahendrans appeal on 26
Aug 2014.
5) Gurmit Singh Pangu a/l Gurcharan Singh (G/172)
Fined RM1,000 by Order dated 3 Nov 2012. High Court allowed Gurmit Singhs 10) Lee Chiang Yueh (L/774)
appeal on 30 May 2013. Bar Council filed an appeal at the Court of Appeal and Fined RM5,000 by Order dated 22 Feb 2014. High Court allowed Lee Chiang
the appeal was allowed on 21 Oct 2014. Yuehs appeal on 12 Nov 2014.

6) Jagmohan Singh a/l Bhupinder Singh (J/293) 11) Vasandi a/p Kandasamy (V/145)
Struck o by Order dated 10 May 2013. High Court dismissed Jagmohans Struck o by Order dated 28 Mar 2014. High Court dismissed Vasandis appeal
appeal on 4 Nov 2013. Court of Appeal dismissed Jagmohans appeal on 2 on 23 Dec 2014. Court of Appeal dismissed Vasandis application for extension
Apr 2015. of time to file Record of Appeal and allowed Bar Councils application to set
aside Vasandis appeal.
7) Ahmad Rizal Eande b Zainol (A/1452)
Struck o by Order dated 19 July 2013. High Court dismissed Ahmad Rizals 5) Ganesalingam a/l Vijayaratnam (G/154)
appeal on 20 Feb 2014. Court of Appeal dismissed Ahmad Rizals appeal on Fined RM15,000 by Order dated 19 July 2014. Ganesalingam withdrew appeal
24 July 2015. Federal Court dismissed Ahmad Rizals appeal on 28 Jan 2015. at the High Court on 9 Apr 2015.

8) Salma @ Salmah bt K Ghani Adiyodi (S/1258) 6) Liaw Chee Huey (L/1093)

Struck o by Order dated 17 May 2014. High Court dismissed Salmas appeal Fined RM2,000 by Order dated 13 Sept 2014. High Court allowed Liaw Chee
on 10 Apr 2015. Hueys appeal on 15 Feb 2015. Court of Appeal dismissed Bar Councils motion
for extension of time to serve the Notice of Appeal and allowed Liaw Chee
8) Chou Ka Ping (C/541) Hueys motion to strike out Bar Councils appeal.
Suspended for three years by Order dated 5 Feb 2010. High Court allowed
Chou Ka Pings appeal on 23 Sept 2013. Court of Appeal dismissed Bar
Councils appeal on 1 Oct 2014. Federal Court dismissed Bar Councils appeal
on 24 Aug 2015.

90 PRAXIS | JUL-DEC 2015