JAN–MAR

I 2018
JAN–MAR 2018

The past, l
ike the futu
indefinite a re, is
nd exists o
a spectrum nly as
of possibili
ties.
Stephen H
awking
 JAN–MAR 2018

Contents 24
President’s Message 4
George Varughese, President, Malaysian Bar

News Worthy 6
6 Press Releases and Statements

16 Malaysian Bar Lifetime Achievement Award 2018

Param Cumaraswamy

22 Acceptance Speech by Param Cumaraswamy

Features and Articles 26

26 Raising the Bar: Innovate. Integrate. Emulate.
State Bar News 71
Incoming State Bar Committees
28 Bankruptcy Reformed: Justice for Social Guarantors

32
76
The Third Wave: Malaysia Launches the Framework
for Digital Investment Management Services
Case Notes
35 Who Determines the Law of the Land? Rule of Law Watch:
76 Indira Gandhi d/o Mutho v. Pengarah Jabatan
40 Judicial Conduct: The Bangalore Principles Examined Agama Islam Perak

44 Trade Wars: An On-going Saga 78 Kerajaan Malaysia v. Mat Shuhaimi Bin Shafiei
47 Genderworks:
49 Alone but Never Lonely: Simulated Relationships
Updates / Notices 80
and the Cyborg-Otaku
80 General Information on Matters
Discussed at Bar Council Meetings
53 An Analysis of Malaysian Women Under Capitalism
57 Commentaries on Singapore’s Christian and Cultural 82 Notice Regarding Bar Council Circulars
Attitudes: Towards a Gay Eschatology and E-Blasts
62 Interrogating the United Kingdom’s Implementation 83 Summary of Circulars
Gap in the Provision of Asylum on the Basis of
Sexual Orientation 93 Library Update
66 Rising Trend of Kkotminam Masculinities in South 119 New Books
Korean Contemporary Culture
 Be an
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JAN-MAR
I 2018
RAISING THE BAR
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technology and start-ups The past, like
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fault lines in the rule of law
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globalisation of the law a spectrum exists only as
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s.
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king
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MEMBERS OF BAR COUNCIL MALAYSIA 2018/2019

President George Varughese
Vice-President Abdul Fareed Abdul Gafoor
Editorial Message
Secretary Roger Chan Weng Keng
Treasurer Ravindran Nekoo @ Veloo

A G Kalidas Krishnan Gnanaprakasam | Abdullah Muhamad WE DO INDEED live in exciting times. Whether you see
| Ahmad Zaini Samsudin | Andrew Khoo Chin Hock | Babu
Raj Raja Gopal | Dipendra Harshad Rai | Goh Siu Lin |
that as a curse or a blessing, 2018 looks to be another
Hendon Mohamed | Jaspal Singh Gill | Jayabalan Raman challenging year, with reforms of the Legal Profession
Kutty | Joseph Mathews P M Mathews | Karen Cheah Yee
Lynn | Khaizan Sharizad Ab Razak | Lukman Sheriff Alias | Act pending and a General Election ahead. While there
Mohamad Ezri Abdul Wahab | Mohamad Nor Hisam Hussain
| Muhammad Hasif Hasan | Muhammad Rafique Rashid Ali |
is much talk of polarisation, there is also an opportunity
Murshidah Mustafa | Nazliyah Mansor | Nitin Kumar Gordhan | for consensus as Malaysians of every background make
Norliza Rasool Khan | Roger Tan | Roshalizawati Muhammad
| Rosnah Faisal | Salim Bashir Bhaskaran | Sallehudin Harun | a choice about the future of the nation, and indeed what
Sarengapani K Rajoo | Singaravelu, Gunasegaran | Siti Hajar it means to be Malaysian.
Che Ahmad | Siti Zabedah Kasim | Surindar Singh Chain Singh
| Tan Soon Teik Nicholas | Tharumarajah Thiagarajan As usual, this issue of Praxis features a range of
articles on various aspects of the law. We are delighted
PRAXIS EDITORIAL BOARD to feature the work of young students who participated
Chief Editor and Producer Santhi Latha
in the Genderworks programme which was held as
Managing Editor Sheena Gurbakhash
Editors  aizura Abdul Razak, Chin Oy Sim, Chua Ai Lin and
B part of the Gender Equality Initiative last year — a joint
Joane Sharmila programme by Bar Council, the Association of Women
Marketing and Advertising Erin Samuel and Sangheetha K
Lawyers and several private universities. Genderworks
Designed by Vani Nadaraju
2017 was spear-headed by Monash University Malaysia.
Praxis is the official publication of Bar Council Malaysia, The articles, all by undergraduate students and of a high
published for circulation to Members of the Malaysian Bar. academic, are worth a perusal for the range of subject
Bar Council Malaysia, and its authorised authors and matter and high quality of writing.
designers of Praxis, accept no liability for any loss arising
from the use of, or reliance on, Praxis. Bar Council Malaysia I would like to thank everyone who has taken the
does not warrant the accuracy of the contents thereof or any
statement made by the contributors, writers or advertisers
time and effort to write and contribute to the magazine.
herein, and does not accept responsibility or liability in relation As we move forward, we will be looking to expand the
thereto. Statements of contributors, writers of advertisers
herein represent their personal views and do not necessarily range of writers by providing training for new writers
reflect the views of Bar Council or the Malaysian Bar. All
users are permitted to view the content of Praxis, without
and expand readership by creating an e-zine which will
prejudice to the intellectual property rights belonging to Bar be emailed directly to all Members of the Bar. We will
Council Malaysia. However, any unauthorised reproduction,
duplication, transmission or alteration, in any form or by also welcome articles in Bahasa Malaysia to create a
any means, whether in part or in whole, of Praxis, is strictly bilingual magazine.
prohibited. Bar Council Malaysia also prohibits the use of
Praxis and all or any of its contents herein, for commercial I would also like to thank the editorial team here at
and/or personal gain, profit or sale.
Bar Council for their efficiency and diligence in collating
the various sections of the magazine with the help of
© 2018 All rights reserved their counterparts at the State Bars, and apologise in
advance for any errors or omissions, which are the sole
Enquiries on advertising purview of the editor.
Sangheetha K — sangheetha@malaysianbar.org.my
Erin Samuel — erin@malaysianbar.org.my
Happy reading
Article contribution

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 or to edit those published for content, clarity, style and
space considerations. Contributions and enquiries may be
directed to praxis@malaysianbar.org.my. Sheena Gurbakhash
Managing Editor
 PRESIDENT’S MESSAGE

Fresh from the

72nd Malaysian Bar Annual
General Meeting,
the President shares
his thoughts for the year

    George Varughese President, Malaysian Bar                       7 Mar 2018

WITH PRAXIS — the chronicle of the Malaysian and pertinent topics, and an inspiring lineup of
Bar — revived in an online format, I most certainly speakers from all over the world.
hope that you will find the content illuminating and
relevant to your professional life and development. Our theme for the IMLC 2018 — Raising the
The Malaysian Bar is working on ongoing changes Bar: Innovate. Integrate. Emulate.— spotlights
that will be implemented in the upcoming months. innovations that can and will impact the legal
Among the projects that the Bar Council will continue community, and the need to embrace and integrate
to focus on are the following: these innovations seamlessly. Emulating innovative
trailblazers can make all the difference between
a. The purchase of Straits Trading Building (now merely surviving and truly excelling in the legal
known as Wisma Badan Peguam Malaysia). This profession. The IMLC 2018 theme encapsulates
multi-storey building will be the new home to the goal of empowering lawyers in the domestic
more than 100 staff, comprising the Bar Council and international spheres in meeting the modern
Secretariat, Kuala Lumpur Bar Committee, challenges of liberalisation of legal services, as
Kuala Lumpur Legal Aid Centre, and Advocates well as arming them to seize opportunities as they
& Solicitors Disciplinary Board. Renovations are arise.
expected to be commenced in the third quarter of
2018, and relocation will be completed in 2019. In considering the needs of an evolving global
legal community, we have decided to expand the
b. The consultation process with the government conference into two significant components — the
representatives and different stakeholders on first two days are catered to domestic matters,
formulating a holistic blueprint for the legal while the next two days are created to address
profession in Malaysia, and preparing the proposed international issues.
amendments to the Legal Profession Act 1976.
This process is currently under review. It would be a pleasure to meet you at the IMLC
2018, whilst you immerse yourself with valuable
c. The 72nd Malaysian Bar Annual General Meeting insights from distinguished panellists on how
that concluded recently. technology and innovation can pave your journey
ahead as a legal professional.
d. The preparation for the International Malaysia Law
Conference (“IMLC”), which will be held from 14 to e. There are constant challenges that lawyers
17 Aug 2018, at the Royale Chulan Kuala Lumpur. experienced in their everyday legal practice, such
It promises a wide array of contemporaneous as meeting client expectations, the competitive

4 JAN–MAR 2018
 President’s Message GEORGE VARUGHESE

marketplace, and cheaper legal fees. This may

result in the lack of time and resources for lawyers
to review the way forward and more specifically,
the direction to be adopted to remain competitive These key issues
in the marketplace.
and developments that
On top of this, the evolution of technology in the are reflective of how the
provision of legal services will influence how Malaysian Bar is adapting
lawyers manage their practice now and in the
future. Amongst these: to the winds of change in
the legal profession. I am
i. Online services that enable users to prepare sure it will be an
documentation for free / at a fraction of the
cost of formal legal services. Due to their interesting time ahead, as
nature as global platforms, there is no need we step into a new era in
for them to directly apply to the Bar Council for the evolution of the legal
accreditation, as they provide such services
directly to corporate and private clients online. profession.

ii. Currently, the market has digital derivative

compliance systems that automate document
drafting, and provide templates at a nominal
cost or for free to both corporate and private
clients, through the provision of online ‘legal’
services. The most significant implication of environment for lawyers and much quicker and
adopting these platforms as part of the legal higher-quality output for clients.”1
practice would be that such services would
enable the drafting and review process to be While we are committed to develop technological
reduced from hours into minutes, thus creating infrastructures for the benefit of the Malaysian Bar,
a long-term impact on the provision and cost of it is also important to proactively set up frameworks
legal services in Malaysia. for accreditation and adopting technology to
enhance the legal ecosystem in an affordable
iii. In Singapore, numerous law firms have set and efficient manner. Through engagement with
up their own legal startups and are driven to digital providers on legal solutions, lawyers and
upgrade their existing technology infrastructures their law firms may gain a competitive edge in this
by using some of the following: globalised market.

• Microsoft Office 365, which enables the These are some of the key issues and developments
office to be cloud-based; that are reflective of how the Malaysian Bar is adapting
to the winds of change in the legal profession. I am
• NetDocuments / iManage, which allows assured it will be an interesting time ahead, as we step
affidavits, briefs, contracts to be sorted and into a new era in the evolution of the legal profession.
stored in a logical, retrievable manner, using
a good document management solution; I look forward to welcoming you to the IMLC 2018,
where tradition will join hands with innovation, as you
• Luminance, which is an artificial intelligence would witness how technology intersects with the
platform that can compare documents, flag fabric of the Malaysian legal community.
anomalies, and perform complex work, such
as categorising different types of clauses Thank you.
across thousands of documents for cross-
comparison and checking.

At the beginning of 2017, “… Singapore’s Chief

Justice urged the legal profession to embrace
technology to ensure its survival, to become more 1
https://www.digitalnewsasia.com/digital-economy/legal-
efficient and cost effective, provide a better work tech-forefront (accessed 26 Feb 2018)

JAN–MAR 2018 5
 Photo by Amador Loureiro on Unsplash

PRESS RELEASES AND STATEMENTS

NEWS Worthy
Abolition of the Mandatory Death Penalty
— No More Delay!
The World Day against the Death licence to commit serious crimes arbitrary deprivation of life. The
Penalty is commemorated on with impunity. Persons convicted right to life is a fundamental right
10 Oct each year. of serious crimes must receive that must be absolute, inalienable
proportionate punishment. But this and universal, irrespective of the
In Malaysia, the death penalty is does not mean that they therefore crime committed by the accused
mandatory for persons convicted ought to die. person.
of murder, trafficking in narcotics of
various amounts, and discharging The Malaysian Bar has always Recently, Minister Dato’ Sri Azalina
a firearm in the commission of taken the view that there is no Othman Said stated on 7 Aug 2017
various crimes (even where no one empirical evidence or data that that the Cabinet had approved the
is hurt). confirms that the death penalty abolition of the mandatory death
serves as an effective deterrent to penalty for drug-related offences.
The Malaysian Bar has been, and the commission of crimes. There However, there has been no
remains, in the frontline of the battle has been no significant reduction announcement of any timeline, or
to uphold and preserve the rule of in the incidence of crimes for which any release of draft legislation to
law, fundamental constitutional the death penalty is currently this effect. The Malaysian Bar calls
rights, the administration of justice, mandatory. This is particularly true upon the Government of Malaysia
and law and order. In this regard, of drug-related offences. to introduce the amending
we have consistently called for legislation without further delay.
the abolition of the death penalty. In short, the death penalty does not Any delay will mean more people
The Malaysian Bar at its Annual or work as a deterrent. being sentenced to die.
Extraordinary General Meetings
in 1985, 2006, 2012 and 2015 The Malaysian Bar’s primary The Malaysian Bar further calls
passed resolutions condemning opposition to the death penalty is upon the Government to act swiftly
the death penalty and/or calling because life is sacred, and every to abolish the death penalty for
for its abolition. person has an inherent right to all crimes, stop executions, and
life. This is vouchsafed in Article commute each death sentence to
The campaign to abolish the death 5(1) of the Federal Constitution one of imprisonment.
penalty is not meant to confer of Malaysia, which eschews the

  GEORGE VARUGHESE, President, Malaysian Bar                         10 Nov 2017      

Legal Action Filed to Seek Declarations that the

Appointments of the Chief Justice and President of the
Court of Appeal are Unconstitutional and Void
The Malaysian Bar has, pursuant filed a legal action at the Kuala Sharif and YAA Tan Sri Dato’ Seri
to the resolution adopted by the Lumpur High Court on 10 Oct 2017 Zulkefli bin Ahmad Makinudin.
Bar at its Extraordinary General against YAA Tun Dato’ Seri Arifin
Meeting held on 3 Aug 2017, bin Zakaria, YAA Tun Md Raus bin

6 JAN–MAR 2018
 PRESS RELEASES AND STATEMENTS

The full text of the resolution, 2. 

A Declaration that the being sought, that YAA Tan Sri
entitled “Resolution on Upholding appointment of YAA Tun Md Dato’ Seri Zulkefli bin Ahmad
the Supremacy of the Federal Raus bin Sharif as additional Makinudin be appointed as the
Constitution and Defending the judge, announced on 7 July President of the Court of Appeal
Independence and Integrity of the 2017, is unconstitutional and under Article 122B of the Federal
Judiciary”, is available here. void; Constitution, is unconstitutional
and void;
The sealed Originating Summons 3. 
A Declaration that the
has been served on all parties. appointment of YAA Tun Md 6. 
A Declaration that the
Raus bin Sharif as Chief Justice appointment of YAA Tan Sri
The Malaysian Bar seeks the of the Federal Court of Malaysia, Dato’ Seri Zulkefli bin Ahmad
following reliefs, inter alia, in the with effect from 4 Aug 2017, is Makinudin as President of the
Originating Summons: unconstitutional and void; Court of Appeal with effect from
28 Sept 2017, is unconstitutional
1. A Declaration that the advice 4. 
A Declaration that the and void; and
of YAA Tun Dato’ Seri Arifin bin appointment of YAA Tan Sri
Zakaria, as the Chief Justice at Dato’ Seri Zulkefli bin Ahmad 7. Orders removing YAA Tun Md
the material time, to His Majesty Makinudin as additional judge, Raus bin Sharif and YAA Tan
the Yang di-Pertuan Agong on announced on 7 July 2017, is Sri Dato’ Seri Zulkefli bin Ahmad
30 Mar 2017, that YAA Tun unconstitutional and void; Makinudin from their respective
Md Raus bin Sharif and YAA offices.
Tan Sri Dato’ Seri Zulkefli bin 5. A Declaration that the advice
Ahmad Makinudin be appointed of YAA Tun Dato’ Seri Arifin bin Case management for this matter
as additional judges under Zakaria, as the Chief Justice at has been fixed on 26 Oct 2017.
Article 122(1A) of the Federal the material time, to the Prime
Constitution, is unconstitutional Minister, upon consultation
and void;

  GEORGE VARUGHESE, President, Malaysian Bar                          17 Oct 2017      

Harassment or Intimidation of Witnesses or Potential

Witnesses May Amount to Contempt of Court
Numerous persons have been (“Ambiga”), are potential witnesses If it cannot be proven that Ambiga
named, and several serious when the matter comes up for trial. had indeed communicated such
allegations made, in the suit information to Rewcastle Brown, or
filed by Member of Parliament In respect of what Ambiga had if there is no truth in the information,
Abdul Hadi Awang against Clare allegedly informed Rewcastle Rewcastle Brown would therefore
Rewcastle Brown (“Rewcastle Brown, the UK courts will first have failed to establish her defence
Brown”). As the matter is filed in need to establish whether she did in respect of that part of her Defence
the United Kingdom (“UK”) courts, indeed inform Rewcastle Brown, and Counterclaim.
it can only be determined in that as alleged. If the UK courts rule
jurisdiction. Any person aggrieved that she did, it will then proceed The Malaysian Bar notes that
by the contents of Rewcastle to ascertain the veracity of the although there are grave allegations
Brown’s pleadings may apply in information provided. If the made against numerous named
the UK courts to intervene in the truthfulness is proven, the UK individuals in the suit, it appears that
proceedings. courts will then determine how Ambiga has been singled out. There
much weight should be attached has also been a bombardment of
All persons named in the suit, to the information. vicious and highly disparaging
including Ambiga Sreenevasan racist and sexist remarks made

JAN–MAR 2018 7
PRESS RELEASES AND STATEMENTS

against her by various individuals, Defence and Counterclaim filed All witnesses and potential
and a police report lodged, in by Rewcastle Brown. As these witnesses have a right not to be
relation to her alleged connection allegations are by Rewcastle harassed or intimidated. Acts
with the suit. We condemn these Brown, and their truthfulness of harassment or intimidation
personal attacks. has yet to be established, there may amount to contempt of
is no legal basis to investigate the UK courts, and must cease
It has been reported that the police Ambiga. Any such investigation is immediately.
are investigating her in respect of tantamount to harassment and/or
the averments contained in the intimidation of a potential witness.

  GEORGE VARUGHESE, President, Malaysian Bar                        10 Nov 2017      

Let Judges, Not Public Prosecutors,

Decide on the Death Penalty
This is regardless of whether person’s “usefulness” or utilitarian Further, section (2B) of the Bill
the convicted person has in fact value. It suggests that a person’s states that determination by the
assisted an enforcement agency in right to life is not a fundamental Public Prosecutor shall be “at
disrupting drug trafficking activities right, but a privilege that can be the sole discretion of the Public
within or outside Malaysia, and revoked if the Public Prosecutor Prosecutor”. It is troubling that the
even if it was already established does not issue the certificate. The decision-making process is not
that the individual was merely a Public Prosecutor has the power described or defined in the Bill,
courier or a drug mule. The term to institute or discontinue criminal lending to concern that the process
“assisted” is also not defined in the proceedings, but has no right to could be opaque, not subject to
Bill, thus is subject to interpretation decide on sentencing. Judicial review, and may be open to abuse.
and could be arbitrary. discretion and independence
should not be fettered by the The Malaysian Bar is steadfast in
It is also disconcerting that the requirement of such a certificate. our view that life is sacred, and
determination on whether the The sentencing process is, and every person has an inherent right
death penalty should be imposed should always remain, within the to life. This is vouchsafed in Article
rests upon the Public Prosecutor’s sole realm of the Judiciary. 5(1) of the Federal Constitution
assessment of the convicted of Malaysia, which eschews the
arbitrary deprivation of life. The
right to life is a fundamental right
that must be absolute, inalienable
and universal, irrespective of the
crime committed by the accused
person.

The Malaysian Bar thus calls upon

the Government to withhold passing
the Bill in its current form, to redraft
it and re-table it with amendments
Photo by Hannes Wolf on Unsplash

that will genuinely restore judicial

discretion in sentencing, paving
the way forward to the complete
abolition of the death penalty.

  GEORGE VARUGHESE, President, Malaysian Bar                        25 Nov 2017      

8 JAN–MAR 2018
 PRESS RELEASES AND STATEMENTS

Let Judicial Discretion in Sentencing Lead

to the Total Abolition of the Death Penalty
The Malaysian Bar welcomes the c. the involvement of the person activities. A person’s right to life is
removal of the mandatory death convicted is restricted to a fundamental right, not a privilege
sentence for drug offences and the transporting, carrying, sending that can be revoked if that person
restoration of judicial discretion in or delivering a dangerous drug; is deemed not sufficiently “useful”
sentencing with the passing of the and to an enforcement agency.
Dangerous Drugs (Amendment)
Bill 2017 (“the Bill”) by the Dewan d. t hat the person convicted The Malaysian Bar calls upon the
Rakyat on 30 Nov 2017. has assisted an enforcement Government to further amend
agency in disrupting drug the Bill to enable those already
We wish to recognise the trafficking activities within or convicted and sentenced to death to
Government for having considered outside Malaysia. apply for a review of their sentence.
public feedback by amending the Meanwhile, the Government should
Bill and removing the requirement of We are concerned that Judges are officially declare and implement
the Public Prosecutor’s certification being limited in their consideration a moratorium on all pending
of the assistance rendered by the of the mitigating factors and executions.
convicted person, for the Judge to circumstances that surround each
not pass the death penalty. case, before sentencing. Such The Malaysian Bar remains resolute
mitigating factors can include, and in our position that the death
However, there remain limits to are not limited to, the offender’s penalty is an extreme, abhorrent
what the Judge can take into age, rehabilitation goals, past and inhumane punishment.
account in exercising his/her criminal record, role played in There are also provisions for the
discretion in sentencing. Section the offence, mental capacity, imposition of the mandatory death
39B(2A) of the Bill, inter alia, reparations made, fear of another penalty in the Penal Code and the
requires that the Court: person, use of violence, harm done Firearms (Increased Penalties)
to property or persons, and degree Act 1971, and of the discretionary
… may have regard only to of cooperation with the authorities. death penalty in the Kidnapping Act
the following circumstances: The sentencing process is, and 1961.
[emphasis added] should always remain, within the
unfettered domain of the Judiciary. The Malaysian Bar calls upon the
a. there was no evidence of buying Government to act without delay
and selling of a dangerous drug We are also troubled that the to abolish the death penalty for all
at the time when the person determination on whether the death crimes, and to uphold the right to
convicted was arrested; penalty is imposed rests upon life, which is absolute, universal
an assessment of the convicted and inalienable.
b. there was no involvement of person’s ability or willingness to
agent provocateur; or assist in disrupting drug trafficking

  GEORGE VARUGHESE, President, Malaysian Bar                          5 Dec 2017      

Personal Data Breach Reported on 19 Oct 2017

The recent massive personal data The authorities are to be lauded The Malaysian Bar has recently
breach of over 40 million individuals for immediately commencing been in communication with the
as reported in the media is a matter investigations upon learning of Department of Personal Data
of grave concern. the breach. It is in the public’s Protection on enhancing the
interest that the outcome of the accountability of entities, private or
investigation is made public. public, when such a breach occurs.

JAN–MAR 2018 9
PRESS RELEASES AND STATEMENTS

A mandatory breach notification with good corporate governance. Department of Personal Data
regime is a means of ensuring that The introduction of legal provisions Protection to educate the public.
when there is a breach of personal to implement such disclosures The public is at present still parting
data, the relevant entity is obliged needs to be studied. with their data where there has not
to issue a notification of the breach. been due compliance with the Act.
The Personal Data Protection Act
Companies and authorities, 2010 (“Act”) that was implemented The Malaysian Bar is always
holding personal data, are to in 2013 was the first step towards open to working with the relevant
act transparently in instances of protecting personal data. The authorities to further improve the
breaches. Informing the individuals awareness of the rights of legal provisions in order to better
whose data had been breached, individuals under the Act is still safeguard the personal data of
and the authorities, would be in line lacking despite the efforts by the individuals.

  GEORGE VARUGHESE, President, Malaysian Bar                       22 Dec 2017      

Respect the Rights of Migrants

On this International Migrants Day Committee on Migrant Workers c. Formulate proper housing
— which is observed on 18 Dec (“ACMW”) tasked to draft the Action guidelines to ensure that
annually — the Malaysian Bar Plan to guide the implementation of migrant workers have
acknowledges and salutes the the ASEAN Consensus to ensure adequately sized, clean,
indefatigable spirit and courage of that all stakeholders including hygienic and secure
all migrant workers. civil society organisations and accommodation;
Bar associations are included
Malaysia hosts more than two in the consultation, drafting and d. Extend the coverage of the
million documented migrant implementation of the Action Plan. Employees’ Social Security
workers, and a large number Act 1969 to include migrant
of undocumented migrants, The Malaysian Bar also calls upon workers, or amend the
estimated at between two million the Malaysian Government to: Workmen’s Compensation
and five million persons in formal Act 1952 to be in tandem
and informal sectors. 1. Implement the recommendations with the benefits accorded
of the Bar Council’s “Developing under the Employees’ Social
The Malaysian Bar welcomes the a Comprehensive Policy Security Act 1969; and
adoption of the ASEAN Consensus Framework for Migrant
on the Protection and Promotion Workers”, which include the e. Provide a comprehensive
of the Rights of Migrant Workers following: amnesty programme for all
(“ASEAN Consensus”) by ASEAN undocumented migrants
Member States on 14 Nov 2017. a. Work closely with country-of- currently in the country to be
origin governments to fine- regularised.
However, we are concerned that tune the recruitment system
the ASEAN Consensus is non- to ensure that migrant 2. Ensure full respect for the human
binding, and implementation of the workers are recruited in a rights and humane treatment
articles is subject to national laws, regular manner, and are of migrants, regardless of their
policy and regulations of ASEAN equipped with the necessary migration status, in line with the
Members States, which are, as skills in tandem with the 2030 Agenda for Sustainable
they stand at present, inadequate employment as well as Development adopted by
to protect the rights of migrant knowledge on their labour the United Nations General
workers in the region. rights and obligations; Assembly on 25 Sept 2015;

In conjunction with International b. Shift the foreign employees’ 3. Accede to the International
Migrants Day 2017, the Malaysian levy payments to the Convention on the Protection
Bar calls upon the ASEAN employers; of the Rights of All Migrant

10 JAN–MAR 2018
 PRESS RELEASES AND STATEMENTS

Workers and Members of their of their national origin or The Malaysian Bar hopes that
Families, adopted by the United immigration status; and the adoption on the ASEAN
Nations General Assembly on Consensus will usher in a new
18 Dec 1990. This Convention 4. Ensure that domestic laws and era for migrants in Malaysia and
recognises and guarantees policies pertaining to migrant throughout ASEAN.
respect for the dignity and workers are in conformity with
rights of all migrants, regardless the provisions of the obligations
stated in the ASEAN Consensus.

  GEORGE VARUGHESE, President, Malaysian Bar                        18 Dec 2017      

Ensure Justice for Wang Kelian Death Camp

Victims and Their Families
The Malaysian Bar is very troubled been met leaves much to be desired.
by the report published by the New The apparent inertia on the part of
Straits Times (“NST”) on 20 Dec the Government is reprehensible,
2017, regarding the discovery given the abominable nature of the
of evidence of a “massive, mass graves and “death camps”.
coordinated cover-up” of the mass Such conduct by the Government
graves and “death camps” that had is unbecoming and unacceptable,
been discovered in Wang Kelian, not least in light of its international
Perlis, in 2015. commitments under the United
Nations Convention Against
The NST report exposes the Transnational Organized Crime,

Photo by Henk Mul on Unsplash

systemic weaknesses of the and its Protocol to Prevent,
Malaysian criminal justice system, Suppress and Punish Trafficking
and Malaysia’s approach towards in Persons, Especially Women and
asylum seekers and refugees, as Children.
well as the perpetrators and victims
of human trafficking and migrant The Malaysian Bar calls on the
smuggling. Government to take all necessary
steps to comply with its international
The NST reported a breakdown commitments and to uncover the
in management, and the lack, of full truth, including:
a proper and coordinated criminal
investigation in the face of evidence 1.
Establishing a Royal
of mass murder within our borders. Commission of Inquiry (“RCI”)
Allegations that such evidence was to investigate the existence
handled without sufficient care of the mass graves and “death
and without due process, if true, camps”, and the allegations external oversight body tasked
are shocking and tragic, not only of, among others, a cover-up, solely to receive and investigate
for how they reflect on the criminal complicity, collusion, and allegations against the police.
justice system but also for those corruption of law enforcement
who lost their lives, and for their agencies, and to identify the The Malaysian Bar also calls upon
loved ones. There must be no perpetrators concerned; and the Human Rights Commission of
cover-up for, or protection of, any Malaysia (“SUHAKAM”) to exercise
wrongdoers. 2. Setting up the Independent its functions and powers pursuant
Police Complaints and to sections 4(1)(d), 4(2)(d) and
The climate of apathy with which Misconduct Commission 4(2)(f), read with section 12(1), of
these reported allegations have (“IPCMC”), an independent, the Human Rights Commission of

JAN–MAR 2018 11
PRESS RELEASES AND STATEMENTS

Malaysia Act 1999, to carry out an more questions than answers. This surrounding the mass graves and
inquiry in respect of the alleged underlines the fact that Malaysia “death camps”, and the human
human rights infringements, needs, and Malaysians deserve, trafficking that they point to. The
and produce a report of its a free and independent media that Government must — at all costs —
investigations, findings and practises ethical, responsible, and bring those responsible for these
conclusions. fair journalism. heinous atrocities to task, and
ensure that such tragedies never
It is noteworthy that it is the fourth The NST report’s damning recur.
estate — the media — that has revelations reinforce the dire
delivered eye-opening disclosures need to have an impartial and
about the horrifying treatment meted comprehensive inquiry into
out over two years ago, resulting in the facts and circumstances

  GEORGE VARUGHESE, President, Malaysian Bar                        24 Dec 2017      

The Malaysian Bar Holds Firm to the Right

to Speak Without Being Censored
Since the inception of the Opening The unconstitutional and the format of the Opening of the
of the Legal Year ceremonial unprecedented manner in which Legal Year 2018 ceremony was
proceedings in 2010, the President the appointments were made is changed to remove the customary
of the Malaysian Bar has always of such great significance and speeches by both the President of
been one of the three persons consequence that deliberately the Bar and the Attorney General.
called upon to deliver a speech. omitting to address it in a speech As a result, the Bar Council —
He has used the occasion to reflect that would provide an overview of as the governing body of the
upon and highlight significant a whole range of issues relating to Malaysian Bar — had, as a matter
developments in relation to the the rule of law, was not an option. of principle, no alternative but to
rule of law and the administration Although the Bar’s legal challenge respectfully decline the invitation
of justice that had taken place over in respect of the unconstitutional to attend the Opening of the Legal
the preceding year and, looking appointments is pending in the Year 2018 ceremony. At no time
ahead, to speak about the visions court, it does not preclude the was the invitation to the President
and aspirations of the Bar for the President of the Bar from speaking of the Bar withdrawn.
new legal year. about the appointments without
getting into the merits of the case. The Malaysian Bar hopes that
The Office of the Chief Justice had the Office of the Chief Justice will
indicated to the President of the Never before had the Office of the revert to the customary ceremonial
Bar that, for 2018, the President Chief Justice sought to impose any proceedings for each and every
of the Bar should not in his speech restrictions in respect of the contents Opening of the Legal Year in future,
mention the unconstitutional of the speech by the President of wherein the roles of the Bar and the
appointments of the Chief Justice the Bar. On this occasion, however, Attorney General’s Chambers, as
and the President of the Court of the unprecedented attempt to equal partners with the Judiciary
Appeal as additional Judges and interfere in the President’s speech in the administration of justice, are
thereafter their continuing to hold was nothing less than an assault on acknowledged both in principle and
the positions of Chief Justice and the independence of the Malaysian in spoken word.
as President of Court of Appeal, Bar. This is wholly unacceptable.
respectively, beyond the age
limit of 66 years and 6 months In view of the President of the Bar
as prescribed in the Federal holding firm to the right to speak
Constitution. openly and refusing to be censored,

  GEORGE VARUGHESE, President, Malaysian Bar                        12 Jan 2017      

12 JAN–MAR 2018
 PRESS RELEASES AND STATEMENTS

Only Civil Courts, and Not Syariah Courts,

Have Jurisdiction to Review Constitutional
Issues Relating to Conversion of Religion
with good sense would require the
consent of both parents (if both are
living) for the conversion of a minor
child”. Thus the State authorities
are required to respect the rights of
a minor child (welfare of the child).

The unilateral conversion of minor

children to any religion by a parent,
without the knowledge or consent
of the non-converting parents,
creates social injustice, violates
the rights of the non-converting
parent, and is contrary to our
Photo by Henk Mul on Unsplash constitutional scheme. Accordingly,
such unilateral conversion of
minor children is unconstitutional,
The Malaysian Bar welcomes amending the Federal Constitution. illegal and void. Any legislation
the unanimous decision of the Therefore bodies other than the inconsistent with this principle is
Federal Court in the Indira Gandhi High Courts cannot be conferred thus unconstitutional and must be
case, which finally brings to a with judicial power. amended.
definitive end the long-standing
controversy surrounding the The Federal Court, in adopting The Malaysian Bar recalls that
unilateral conversion of minor a robust approach in reviewing the Government had sought to
children to the religion of Islam by the legality of the decision of the introduce appropriate amendments
a newly converted Muslim parent, Syariah Courts, declared that to the Law Reform (Marriage and
without the knowledge or consent Article 121 (1A) of the Federal Divorce) Act 1976 to provide that
of the non-converting parent. Since Constitution “does not oust the both parents must consent to
the Government has not acted jurisdiction of the civil courts nor any change of religion of a minor
decisively to use the legislative does it confer judicial power on the child. The Malaysian Bar urges the
process to resolve this controversy, Syariah Courts”. The Federal Court Government to take immediate
the Malaysian Bar is heartened by held that “the High Court is seised steps to amend all relevant
this landmark decision to right a with jurisdiction, to the exclusion legislation and enactments at
gross injustice. of the Syariah Court, to hear the the next Parliamentary session
matter, and has rightly done so”, scheduled in Mar 2018, to give
In upholding the supremacy of the thus affirming the decision by effect to the decision of the Federal
Federal Constitution, the Federal Judicial Commissioner, YA Lee Court. The Malaysian Bar stands
Court held that the civil courts are Swee Seng (as he then was) in the ready to assist in this matter.
the sole guardian of constitutional Ipoh High Court.
rights with the “power to review the The Malaysian Bar also urges
lawfulness of executive action”. Further, in interpreting the word the police to act swiftly to locate
Justice Zainun Ali, in delivering “parent” in Article 12 (4) of the Indira Gandhi’s daughter, Prasana
the judgment of the Federal Court, Federal Constitution, the Federal Diksa, who was abducted by her
stated that the civil courts’ power Court held that “a purposive reading ex-husband. The child must be
of judicial review cannot be taken of Article 12(4) that promotes the reunited with her mother without
away or changed by Parliament by welfare of the child and is consistent further delay.

  GEORGE VARUGHESE, President, Malaysian Bar                         30 Jan 2017      

JAN–MAR 2018 13
PRESS RELEASES AND STATEMENTS

The Malaysian Bar Names its New Building

Wisma Badan Peguam Malaysia
The Malaysian Bar is pleased to to RM250 per annum, with effect the abovementioned entities and
announce the official opening of from 1 Jan 2015 for a period of 15 departments, under one roof in
the Malaysian Bar’s new building, years. Wisma Badan Peguam Malaysia.
Wisma Badan Peguam Malaysia
(formerly known as Wisma Straits Currently, rented premises are On behalf of the Bar Council,
Trading), at 2 Leboh Pasar Besar, being used to house the Kuala I thank each Member of the
a short distance from the current Lumpur Bar Committee (“KLBC”), Malaysian Bar for his/her support,
Bar Council premises. Advocates and Solicitors without which we would not have
Disciplinary Board (“ASDB”), Bar been able to purchase the building.
Our search for a new building Council Legal Aid Centre (Kuala I also extend my appreciation to the
began as far back as 2006. The Lumpur) (“LAC KL”), and Bar members of the Bar Council and
purchase of Wisma Straits Trading Council Risk Management and the Office Bearers of the Malaysian
has been made possible as a result Professional Indemnity Insurance Bar, both past and present, who
of a resolution of the Malaysian (“RM and PII”) Department. have been involved in the process
Bar, adopted at its 69th Annual of identifying and acquiring Wisma
General Meeting (“AGM”) on 14 Moving forward, we are working Badan Peguam Malaysia.
Mar 2015, which increased the levy towards accommodating the Bar
for the Building Fund from RM100 Council Secretariat, along with all

  GEORGE VARUGHESE, President, Malaysian Bar                         9 Feb 2017      

The Malaysian Government Must Uphold

Provisions of International and Domestic Law
The Malaysian Bar calls upon Government rule in their native Apart from the 11 Uighurs
the Malaysian Government Xinjiang Province in July 2009. deported to China in August 2011,
to adhere to principles of The Chinese Government views the Malaysian Government also
international law, specifically the Uighurs as terrorists, agitating forcibly detained three Turkish
customary international law of against Chinese rule over their nationals in May 2017 and returned
non-refoulement, and refrain from province. them to Turkey at the request of the
sending 11 Uighurs reportedly in Turkish Government, which alleged
Malaysian custody back to China. The Malaysian Bar calls upon that these persons had some
the Malaysian Government not connection with the attempted
According to both foreign and to repeat the incident in Aug coup in Turkey in 2016. Their fate
local news reports, the 11 Uighurs 2011 when it returned to China is also unknown. In Feb 2012, the
currently in Malaysian custody are 11 Uighurs who were residing in Malaysian Government detained
part of a group of 20 that escaped Malaysia, including some who Saudi Arabian journalist Hamza
from a Thai detention camp in Nov were registered as refugees by the Kashgari and returned him to Saudi
2017. They had been detained in United Nations High Commissioner Arabia at the request of the Saudi
Thailand for immigration-related for Refugees in Kuala Lumpur. The Arabian Government over a tweet
offences, having fled Xinjiang due fate of those 11 persons is not he had posted that was allegedly
to fears for their safety, and were known. insulting of Prophet Muhammad.
heading for Turkey. This was despite a Malaysian court
The Malaysian Government’s order preventing his deportation
The Uighurs, who are predominantly record on respecting international having been obtained. Kashgari
Muslim, rebelled against Chinese law leaves much to be desired.

14 JAN–MAR 2018
 PRESS RELEASES AND STATEMENTS

spent 20 months in jail in Saudi 1. if the offence in respect of which The Malaysian Bar cautions the
Arabia for blasphemy. [an individual’s] return is sought Malaysian Government not to
is of a political character or he dismiss due consideration of
The possible deportation of the 11 proves to the Minister that the these provisions. The Malaysian
Uighurs back to China raises grave warrant for his return has in fact Government cannot simply hide
concerns whether the Malaysian been made with a view to try or behind the reason of international
Government will “refoule” potential punish him for an offence of a cooperation in the fight against
refugees or asylum seekers in political character; terrorism, as an excuse to deport
violation of international law. The the Uighurs back to China. Other
Malaysian Government must not 2. if the request for his surrender potential factors — such as the
abdicate or ignore its legal and although purporting to be made massive amount of China’s foreign
moral obligation not to deport for an extradition offence was investment in Malaysia — should
individuals to situations where in fact made for the purpose of also play no role.
their very lives may be in serious prosecuting or punishing the
jeopardy. person on account of his race, The Malaysian Bar calls on
religion, nationality or political the Malaysian Government, as
Although China and Malaysia opinions; or a responsible member of the
signed a treaty on mutual legal international community, to honour,
assistance in criminal matters in 3. if he might be prejudiced at his respect and uphold the rules and
Nov 2015, under Section 8 of our trial or punished or imprisoned customs of international law, and
Extradition Act 1992 there are by reason of his race, religion, the provisions of Malaysian law,
prohibitions against extradition in nationality or political opinions. and not deport the 11 Uighurs back
certain circumstances, including: to China.

  GEORGE VARUGHESE, President, Malaysian Bar                         15 Feb 2017      

Photo by Bank Phrom on Unsplash

JAN–MAR 2018 15
Malaysian Bar Lifetime

A chievement
ward

    Param Cumaraswamy                                                    

Citation by Steven Thiru and David Dinesh Mathew, delivered by Cyrus Das

PARAM CUMARASWAMY WAS born in Interest piqued, a young Param confidently

Kuala Lumpur in August of 1941, just four walked into the chambers of Mervyn
months shy of the Japanese invasion of Griffith-Jones QC, who was prosecuting,
Malaya. and asked whether he could sit in the trial.
The QC agreed, and as a consequence,
It was out of these hard years of war that Param had the opportunity to observe
this doyen of the Malaysian Bar rose one of the landmark English criminal
to be hailed many years later by Lord prosecutions of the time.
Denning as “a courageous fighter for the
A very young Param in independence of the judiciary and the Param qualified as a barrister in 1966 and
1967. legal profession”, upon his appointment as returned to Malaysia the following year to
United Nations (“UN”) Special Rapporteur begin his legal practice at Shook Lin &
on the Independence of Judges and Bok, where he eventually became Chief
Lawyers. Executive Partner between 1992 and 1997.

Param’s early years saw him complete his

primary and secondary education at the
Pasar Road English School and Victoria
Institution, respectively.

He then decided to further his education

in England. Never one to refuse an
Celebrating the adventure, Param decided on the scenic
founder of Shook Lin
& Bok, Tan Teow Bok, route and boarded a cargo boat that took
in 1980. He is flanked an entire month to get him to London!
by Param (left), Cyrus
Das (far left), and After completing his A-Levels, Param
Michael K L Wong, opted to read law at Inner Temple. It was
who would become
the firm’s Managing around this time that the Christine Keeler
Partner in 1981. and John Profumo scandal erupted.

16 JAN–MAR 2018
Param’s was not, however, an ordinary life People should not be
in the law. made to feel that in our
society today the severity
Between 1985 and 1990, he was subjected of the law is only meant Param with Raja
to considerable pressure, harassment and Aziz Addruse, then-
intimidation — including death threats — for the poor, the meek and President of the
for his defence of human rights in Malaysia. the unfortunate whereas Malaysian Bar, and
Tunku Abdul Rahman’s
the rich, powerful and the niece, Tunku Sofiah
As Sir Thomas Eichelbaum, the then- influential can somehow Jewa, at Tunku’s
Chief Justice of New Zealand, said about seek to avoid the same residence, to escort
Param in 1999, “His courageous stand at him to declare open
great personal risk and cost, in defence of severity. the Fourth Malaysian
Law Conference,
judicial independence in his country has 19 Oct 1977 (photo
made Param Cumaraswamy a legendary These were the words for which Param credit: Aliran Monthly
figure in this region of the world.” was subsequently charged for sedition. Vol 31 No 7).

While these words were uttered much later

on in Param’s journey as a lawyer, this
trait of dedicated service and valour was
evident in Param even in his early years
at the Bar.

He was a member of the Bar Council for 24

unbroken years from 1974 to 1998, having
held the offices of Treasurer, Secretary,
and Vice-President and then President of
the Malaysian Bar from 1986 to 1988.

The Human Rights Committee and Legal

Aid Committee are two committees of the
Bar Council that are thriving today, touching His case attracted international attention,
lives and making a significant difference in with representatives from the Bar Council
society. Both these committees can trace of England & Wales, International Bar
their origins back to the seeds planted by Association, and other regional and
Param as a founding member many years international Bar associations observing
ago. the court proceedings. Param acquitted,
1986.
In 1984, in his capacity as Vice-President After a protracted trial at the Kuala
of the Bar, Param issued an open letter Lumpur High Court, Param was
to the Pardons Board of Kuala Lumpur acquitted. In its judgment,1 the High
that was chaired by the Yang di-Pertuan Court noted as follows:
Agong. In it, he strongly urged the Board to
reconsider a petition for commutation of a Mr. Cumaraswamy was
death sentence on Sim Kie Chon, who had
been convicted and sentenced to death
certainly not trying to promote
under the Internal Security Act 1960. ill-will and hostility between
the different classes of the
Param called on the Pardons Board not to population. In fact, he was
discriminate between the rich and the poor urging the Pardons Board not
in connection with the petition because to create the feeling or
Sim was a labourer. He wrote:
impression among the
population that the Board was
discriminating between the
different classes.

JAN–MAR 2018 17
RIGHT Param conferred the title
“Dato’” by the Sultan of Kelantan,
Sultan Ismail Petra, in honour of
his role in the 1988 judicial crisis,
1989.

FAR RIGHT, TOP Param with Tan

Sri Eusoffe Abdoolcader, who was
also honoured by the Sultan of
Kelantan, 1989.

FAR RIGHT, BELOW Param

stands with compatriots, Datuk
Seri George Seah (far left), Tan
Sri Wan Suleiman Pawan Teh
(centre), and next to him, Tan Sri
Mohd Azmi Kamaruddin, after
the investiture ceremony by
Sultan Ismail Petra, 1989.

The judgment was hailed as a landmark in the World Prize from the International
victory for freedom of expression in Association of Judges in 2002.
Malaysia.
In his role as Special Rapporteur, Param
In 1994, Param was appointed by the UN intervened in cases of reported violations
Commission on Human Rights as the UN of the independence of lawyers or judiciary
Special Rapporteur on the Independence in more than 100 countries. He undertook
of Judges and Lawyers. He served in this missions to Colombia, Northern Ireland,
office with distinction for almost a decade South Africa, Slovakia, Saudi Arabia,
until 25 July 2003. He was congratulated Indonesia and many other countries,
on his appointment by Michael Kirby, reporting to the UN Commission on Human
the former Justice of the High Court of Rights. Param also intervened in Timor
Australia, who said that Param’s “integrity Leste when judges there went on strike.
in standing up for the independence of
the judiciary of Malaysia demanded [his] As Special Rapporteur, he also participated
appointment”. in the meetings of the group of eminent
judges who drafted the Bangalore Principles
His tireless efforts as Special Rapporteur of Judicial Conduct, and thereafter he had
earned him the first International Peace them endorsed by the UN Commission on
and Justice Award from the Irish American Human Rights.
Unity Conference in 1999, and the Justice
Back at home in Malaysia, Param
became the subject of protracted legal
Param visiting
Malaysian Siamese proceedings beginning in 1995. This was
twins, Ahmad and as a result of an interview he gave to the
Muhammad Rosli, at London-based International Commercial
the King Fahd National Litigation magazine in his capacity as
Guard Hospital, Riyadh, Special Rapporteur, concerning alleged
Saudi Arabia, 2002.
impropriety within the Malaysian judiciary.

Four potentially crippling multi-million dollar

defamation suits were brought against
Param by various Malaysian personalities
and corporations. He saw the suits as

18 JAN–MAR 2018
harassment and intimidation to try to break From 1986 to 1989, he was the Chairman
him economically. He was forced to make of the Human Rights Committee of the
the difficult decision to leave Shook Lin International Bar Association. He is a life
& Bok and set up practice on his own, as member of The Law Association for Asia
he refused to let the firm suffer from the and the Pacific (“LAWASIA”), having been
adverse publicity brought on by the suits. elected as its President from 1993 to 1995,
as well as former chairman of its Human
Param’s attempt to set aside the writ — on Rights Committee. He was appointed
the ground that the court had no jurisdiction commissioner of the International
over his person because he was immune Commission of Jurists in 1991 and
from the suit failed. served on its executive committee from
1998 to 2002. He was also a member of
This sparked outrage, as it was in direct the International Board of Article 19, the
contravention of Malaysia’s international Global Campaign for Free Expression from
obligations. A face-off began between 1996 to 2005; an honorary member of the
Malaysia and the UN. Law Society of New Zealand; a founding
member of the Regional Working Group
The UN claimed immunity from legal for the establishment of an ASEAN Human
process on his behalf under the Convention Rights Mechanism, which has since
on the Privileges and Immunities of the been established as the ASEAN Inter-
United Nations 1946. The Malaysian Bar Governmental Human Rights Commission,
stood by Param. As UN Special Rapporteur, as well as chairman of the Malaysian
he was accorded the privileges and Working Group; and former President of
immunities necessary for the independent Transparency International Malaysia.
exercise of his functions.
In 2003, Param was made Honorary
Eventually the International Court of Bencher of the Middle Temple, although he
Justice in The Hague found that Param had been called to the Inner Temple. The
was indeed immune from legal process, Master Treasurer of the Middle Temple had
and directed the Malaysian courts to spoken to the Treasurer of Inner Temple
recognise this immunity. In 2001, the suits and obtained special permission for this
against Param were withdrawn. to happen.

While he has faced numerous attacks, Param was also conferred honorary
Param giving a
Param has also been recognised by many membership of the Law Society of lecture at the United
for his steadfast dedication to justice and England & Wales in 2003 “in recognition Nations University in
the rule of law. of his unswerving efforts in the promotion New York, 1995.

Param with members of the ad hoc Election

Watch, which he set up in 1990 was chaired
by Tun Suffian Mohd Hashim (seated, centre).
Param stands with Chooi Mun Sou (founder,
Chooi & Company) and Raja Aziz Addruse.
Seated are Dr Chandra Muzaffar (left) and Tan Param with Executive Director of the Bar Council, Catherine Eu, in
Sri Ahmad Noordin Zakaria (right). Beijing, for the LAWASIA Conference, Dec 1995.

JAN–MAR 2018 19
Param greeting Kofi his lifelong furtherance of the causes of
Annan, 7th Secretary- human rights and civil liberties, including
General of the United
Nations, 1997. the rule of law and independence of the
judiciary, even at considerable risk to
himself.

Param remains in practice to this day, and

continues to write extensively about the
independence of the legal profession and
judiciary, and the importance of human
rights. He has also lectured widely on a
variety of legal topics, particularly on the
role of an independent and responsible
judiciary in fostering democracy.
of human rights internationally and the
preservation of judicial independence”. Param is married to Davinder Kaur, herself
a lawyer. He has a son, Roberto Shankar;
In 2005, Param was the recipient of the two daughters, Shanthi and Deborah; and
Peter Gruber Foundation’s Justice Prize grandsons, Liam and Allesandro.
at the University of Columbia Law School,
for a “life dedicated to the defense and
affirmation of justice and fearless advocacy
for judicial independence”. 1
Section 2 of Bankruptcy Act 1967
2
Pheroze Nowrojee, “No Respecters
Throughout his time as a member of the of Persons: Advocates in the Front
Malaysian Bar, Param has been a stalwart Line” (2011) 20(1) Journal of the
of justice and civil liberties. African human Commonwealth Lawyers’ Association,
RIGHT Photo of rights lawyer Pheroze Nowrojee said: pp. 16–20
Param’s family, 2002. “Standing between authority and
BELOW Param voicing subject is always uncomfortable,
his views at the Bar’s often dangerous. But that is
Annual General what we are trained to do.”2
Meeting, 2017. That is exactly what Param
has always exemplified in

Malaysian Bar Lifetime Achievement Award

The Bar Council instituted the Malaysian Bar Lifetime Achievement Award in
2011 as a form of recognition of and appreciation for outstanding Members of
the Malaysian Bar who have demonstrated particular dedication and exemplary
lifetime service, and made invaluable and outstanding contributions, to the Bar.
The Award was first conferred (posthumously) on Raja Aziz Addruse, at the
Malaysian Bar’s Annual Dinner & Dance on 10 Mar 2012. The second, third, fourth,
fifth and sixth recipients were Peter Mooney, Mahadev Shankar,
Dr Radhakrishna Ramani (posthumously), Karpal Singh s/o Ram Singh
(posthumously), and V C George, respectively.
The Award was conferred on Param Cumaraswamy at the Bar’s Annual
Dinner & Dance on 17 Mar 2018.

20 JAN–MAR 2018
JAN–MAR 2018 21
 Acceptance Speech by
Param Cumaraswamy

17 Mar 2018

ABOVE RIGHT Param Mr President, George Varughese; Dato’ In early 1967 when I filed my petition for
Cumaraswamy delivers Ramachelvam, Chairperson of the admission to the Bar here, there were just
his acceptance speech. Malaysian Bar Lifetime Achievement about 500 lawyers in practice. The Bar
Award Selection Committee; distinguished Council’s Secretariat was at the law firm
guests; and fellow Members of the Bar. of the then Honorary Secretary of the Bar,
Mr K A Menon, with one staff seated at a
Thank you, Mr President and your desk outside his room. She was Catherine
colleagues in the Bar Council, for conferring Eu. Since then, today the Bar has grown to
this award on me this year Having received about 18,000 in number, with a Secretariat
awards in the past from international staff of about 100. What’s more, the Bar
bodies, receiving this from the body of my Council has acquired its own building in the
own peers is heartening. heart of Kuala Lumpur. The foresight and

22 JAN–MAR 2018
perseverance of the successive leaders of I was happy with my defence team led
the Bar Council in recent years are highly by YM Raja Aziz Addruse, with Dr Cyrus
commendable. Das, Porres Royan and Darryl Goon.
Their eminence and integrity were beyond
I could not have achieved what Dr Cyrus question.
Das cited as my achievements, without
the support and encouragement from my The importance of such support from the
colleagues in the successive Bar Councils international legal fraternity was seen
of which I served in various capacities over later during the 1988 judicial crisis in
24 years. The Malaysian Bar’s commitment defence of the six valiant judges who were
to the core values of an independent legal unceremoniously suspended / removed.
profession remains legendary.
I also received support from my colleagues
In addition, the support from the in Shook Lin & Bok then. When I was a
international legal fraternity was a great legal assistant in the firm, Mr Yong Pung
encouragement and kept me going. How, the senior partner then, who later
The support and cooperation I received became the Chief Justice of Singapore,
from international and national non- on reading my press statements critical
governmental organisations (“NGOs”) was of the government cautioned me and said
most encouraging. My close association that Malaysia was not cut out for martyrs!
with the International Commission of
Jurists, the International Bar Association, The support from my loving family — my Param Cumaraswamy
LAWASIA, and several national bar wife Davinder whose late sister Kalvinder receiving the
associations, was a booster. They was a Member of the Bar, my daughters Malaysian Bar Lifetime
Achievement Award
strengthened my resolve in the quest to Shanthi and Deborah, and my son Shankar, 2018 from George
pursue, promote and protect the rule of their mother Rosy, my sons-in-law David Varughese, President
law and respect for human rights, the and Marty, and my grandsons Liam and of the Malaysian Bar.
independence of the judiciary and the legal
profession nationally and internationally.

The burden and stress of lawyers who

struggle for the ideals of an independent
profession at national levels would be
lessened if it is known and their efforts
supported by international and other
national associations of lawyers. That
was clearly seen and demonstrated
at my trial for sedition in 1985. The
presence at the trial of eminent counsel
either holding watching brief or as
observers for various international
and national bar associations clearly
demonstrated to the Malaysian
public the solidarity of lawyers all
over the world to uphold the cause
of justice and the independence
of the legal profession. In fact,
the then-Chairman of the English
Bar, Robert Alexander QC, called
me and offered his services pro
bono to be part of my defence
team. I thanked him for his offer
but declined, as there would have
been some difficulties in getting his
admission to appear in our courts.

JAN–MAR 2018 23
 Alessandro — was solid. I am grateful to practise, self-regulation and self-
to my parents, and for the support of my discipline. In that event, public trust in the
sisters and brothers, nieces and nephews. justice system will remain undermined
until the fundamentals are restored. The
A robust and sound administration profession must remain steadfast and
of justice in a State is dependent on united in defence of its independence. At
a tripartite co-operation among an the height of the judicial crisis in 1988, Tun
independent judiciary, the office of the Suffian said that it would take a generation
public prosecutor, and an independent to restore the judicial independence which
legal profession. When the fundamentals we then had.
of the independent judiciary and the office
Param Cumaraswamy of the public prosecutor are tampered with I was on the UN mandate on the
stands with (from left)
Cyrus Das, George by the executive arm of the government, Independence of Judges and Lawyers for
Varughese (President, the legal profession stands alone to alert nine years. I intervened with governments,
Malaysian Bar), the public and seek restoration of the big or small, in writing and undertook
and Ramachelvam fundamentals. missions to several countries across the
Manimuthu globe. That gave me an insight into the
(Chairperson,
Malaysian Bar Lifetime In the process, the profession must brace various forms of injustices in societies
Achievement Award itself for retaliation to the fundamentals of its and assaults on judicial and lawyers’
Selection Committee). own independence, namely qualifications independence.

24 JAN–MAR 2018
The worst form of injustice in any civilised arranged to meet at the Petaling Jaya
society is the injustice perpetrated through Hilton for lunch at the Chinese restaurant
the judicial process at the behest of the on May 7, 2001.
executive arm of the government. One
striking case I was drawn into was the My wife Davinder and I received her and her
case of the late Benazir Bhutto. In 1999, secretary at the entrance. She appeared
Benazir was tried in absentia, convicted very graceful with a stunning personality. At
and sentenced to five years’ imprisonment lunch over about two hours, she recounted
for corruption, by Justice Qayyum at the her political life and the problems and
High Court in Rawalpindi. future for democracy in Pakistan. On the
judiciary, she said,
Sometime in late Feb 2001, I was delivered
a tape recording with a transcript at my
Kuala Lumpur office. It was delivered by a Mr Cumaraswamy,
messenger from the office of Benazir who
was then residing in Dubai. The content it is only when one is in
of the tape recording was a telephone the Opposition that
conversation between Justice Qayyum and one appreciates the
a high-ranking official at ministerial level in
Pakistan exerting pressure on the judge to value of judicial
convict and sentence Benazir. Muhammad independence.
Nawaz Sharif was then the Prime Minister.
The conversation was recorded by a staff
of the intelligence sub-bureau in Lahore. After lunch I drove her back to KL
It was in Urdu. There was a translation in International Airport (“KLIA”), where she
English. took a flight to Singapore en route to Dubai.

After verifying the authenticity of the I realise this is a social evening, our Annual
recording and the transcript on Ma 26, Dinner & Dance, not a human rights
2001, I sent an urgent appeal in writing to conference. I’m sure all of you are eagerly
the Government of Pakistan, and personally waiting to listen to Harith Iskander and
met its Permanent Representative in Vijay David.
Geneva and expressed grave concern over
the revelation in the tape recording. The On that note, once again Mr President
trial was clearly flawed. On Apr 5, I raised and members of the Bar Council, thank
the issue before the 52 State Member you for this honour you have bestowed on
Commission in Geneva at its 57th annual me. Continue your noble pursuit for justice
session. This revelation stunned the state through a just rule of law.
delegates at that Session. I had in my hand
the tape recording.

Benazir’s appeal over her conviction and

sentence was then pending before the
Supreme Court. Just about two weeks
after the revelation of the content of the
tape recording before the Commission, REFERENCES:
the Supreme Court heard the appeal and
set aside the conviction and sentence and
ordered a fresh trial.
The full text of the Citation for Param Cumaraswamy.
Sometime in early May 2001, I received Please refer to: https://goo.gl/9fSCrP
communication from Benazir’s secretary
that she wanted to call on me personally A video about Param Cumaraswamy.
in Kuala Lumpur to express her gratitude. May be sourced at: https://goo.gl/gaixsu
I said it was not necessary for her to take
all that trouble but, on her insistence, we

JAN–MAR 2018 25
Features and Articles
Is the way we practise law obsolete
and if so what can we do about it?
SAVE THE DATE
International Malaysia Law Conference 2018

14–17 Aug 2018 Innovate.

Integrate.
Emulate.

T
here is little doubt that the The International Malaysia awareness of the opportunities for
legal profession has changed Law Conference (“IMLC”), the an evolving legal profession.
over the years. The impact of Malaysian Bar’s signature biennial
technology has been profound. The conference, which returns with IMLC 2018 will explore the
ability to communicate instantly its fourth edition from 14 to 17 impact of technology on the legal
has resulted in the need for faster Aug 2018 will seek to provide profession; the evolution of legal
response times. Key decisions some answers. This is a unique practice; issues relating to legal
are dissected and critiqued opportunity for Malaysian lawyers innovations, technology and start-
within hours of judgements being to network with their foreign ups; critical and evolving practice
given. Those involved in regional counterparts, learn from the best areas and the future of law; fault
and international transactions practices of others and show case lines in the rule of law; as well as
are expected to be aware of their own skills and insights. the impact of globalisation on the
developments across borders and law.
time zones as they happen. Today’s This year the theme of IMLC
lawyer is expected to be more is Raising the Bar: Innovate. The first two days of IMLC will
available and more proactive and Integrate. Emulate. It’s a battle- focus on areas most relevant to
reactive to clients’ needs while at cry for empowering lawyers in the domestic issues culminating in
the same time delivering services domestic and international spheres the 5th Raja Aziz Addruse Memorial
at increasingly competitive rates. to meet the challenges and raise Lecture entitled “30th Anniversary of

26 JAN–MAR 2018
 FEATURES AND ARTICLES
IMLC 2018 Raising the Bar: Innovate. Integrate. Emulate.

the 1988 Judicial Crisis: Lessons (“SIDREC”) and the avenues it development of advocacy skills will
About the Importance of Judicial provides for dispute settlement be examined.
Independence and Impartiality”. involving claims related to capital
market products. In addition, the Other areas of discussion are
This year’s speaker is Emeritus crucial role of Persatuan Insurans include:
Professor Datuk Dr Hj Shad Saleem Deposit Malaysia (“PIDM”) will also
Faruqi , Holder of the Tunku Abdul be discussed. • Access to Justice: A Critical
Rahman Chair, Faculty of Law, Component of the Rule of Law
University of Malaya; Fellow of the The IMLC is not just about business • Anti-Trust and Competition
Academy of Sciences Malaysia and and regulatory frameworks. Equal Law
moderated by George Varughese, attention will also be given to the • Fads to Fortunes: The
President of the Malaysian Bar. discussion of the evolution of rights Evolution of Intellectual
and liberties in Malaysia, with Property Systems in a
Steven Thiru and Karen Cheah Yee insights from thought leaders in Disruptive, Fidget-Spinning
Lynn, the Co-Chairpersons of the different aspects of the law. World
IMLC 2018 Organising Committee • The Death Penalty: The Only
have observed that the current The international component on Certainty May Be the Time of
legal services delivery model is at days Three and Four will involve the Execution
the end of its natural life cycle and, the discussions through working • Data Protection in the Legal
according to Mitch Kowalski, “the groups. This will enable more Community
only people who don’t know it are opportunities for input and feedback • Sports Law: Raise the Game!
members of the legal profession”. between delegates in collaboration Towards a Southeast Asian
with national and transnational bar Sports Law Framework
“Disruptive innovation”, a term associations as well as international • Business and Human Rights
commonly used in the corporate law organisations.
sector, describes innovation that This year’s IMLC will welcome
results in the creation of new Discussions will be diverse, participation from in-house counsel,
market and value networks, and touching on a range of topics. On academics, representatives from
ultimately disrupts an existing one. the global front, there will be an industry and technology, the civil
This can result in the displacement examination of the global impact of service and other professional
of established market practices, Brexit as well as the opportunities bodies.
organisations, goods and services, for financing and fund raising in
and even alliances, and is not a the implementation of the ‘Belt Reduced rates are still available
term that is traditionally associated and Road’ in Hong Kong and for until 12 of July 2018, with special
with the legal profession or the region. Gender will also be a rates for students, pupils and
the provision of legal services. key topic with discussions about lawyers of less than five years’
Nevertheless, perhaps the time women in the profession, as well practisce. IMLC 2018 will enhance
has come to acknowledge that as gender from a human rights your knowledge and skills and
disruptive innovation has crossed perspective. broaden your horizons. Sign up
the threshold into the legal sector. today and get set to raise your
Other topics include a critical game.
These innovations will impact examination of arbitration in
consumer welfare, rattle traditional Asia as well as the resurgence
regulatory frameworks and even of litigation in dispute resolution.
alter how law firms can and will There will also be a discussion of
operate. cross border dispute resolution
with a focus on investors.
From a regulatory perspective,
delegates will have the opportunity It goes without saying that young Visit imlc2018.com for
to examine the impact of fintech lawyers are the future of the more information and to
and the possible impact it profession and will also be an register. Submit completed
will have on alternate conflict area of focus in discussion groups. registration forms to
resolution within practise areas. Opportunities and options for young imlc2018@malaysianbar.
The conference will also examine lawyers as well as opportunities org.my.
the role of the Securities Industry for regional cooperation and
Dispute Resolution Center collaboration for training and

JAN–MAR 2018 27
 Bankruptcy
Reformed:
Justice for Social
Guarantors
An examination of the possible
ramifications of the Insolvency Act 1967
within the historical context of
About the Author the laws of bankruptcy and insolvency.
Tan Poh Yee is currently Senior
Associate at Messrs Halim Hong
& Quek where she helms the By Tan Poh Yee, Member of the Bar
Learning and Development Unit.
Court of Malaysian.
Editor’s note:
The Insolvency Act 1967 came into force on 6 Oct 2017

A
li (not his real name) applied as hirer and guarantor respectively it was a crime to be a bankrupt.
for and was offered a hire for the outstanding balance due She would have been treated as
purchase facility by Bank A to under the facility. Upon obtaining a criminal. Siti, nevertheless is
finance the purchase of his long- judgment, Bank A commenced aggrieved because she did not
awaited Proton Wira car. Bank bankruptcy proceedings against receive a single cent out of the
A required a social guarantor to both Ali and Siti whereby both were facility granted to Ali and worse,
guarantee Ali’s obligation to repay subsequently adjudicated bankrupt she did not get to use the car. The
the hire-purchase facility. by the Court. facility is solely for the benefit of Ali.
So, this is the price that Siti paid for
Ali requested help from his close As a principle officer of an helping a friend. The price is a little
friend, Siti, an office holder of a organisation, Siti was disqualified too steep, isn’t it?
organisation to be his guarantor so from holding the post and therefore
that his hire-purchase loan could she had to resign. Her name was Predicaments of social
be approved and he would be able blacklisted not only by Bank A, but guarantors under the current
to drive his new car to work. As a by any financial institutions that has bankruptcy legislation
friend, Siti agreed to help Ali. She access to the Central Credit Risk
was handed a letter of guarantee Information System. She could not A struggle that had once been the
by Bank A to sign and she signed obtain any financing facility from preserve of debtors now spread
it. Done. Facility was approved and any financial institutions because to social guarantors. This is the
Ali got his car. of her bankrupt status, not to predicament that social guarantors
mention the social stigma of being have been facing for many years.
Five months down the road, made a bankrupt. Social guarantor refers to a person
Ali defaulted on his monthly who provides, not for the purpose
instalments. Bank A repossessed Back in the 18th century, Siti would of making profit, the following
Ali’s car and sued both Ali and Siti have been far worse off. Back then, guarantees1:

28 JAN–MAR 2018
 FEATURES AND ARTICLES
Bankruptcy Reformed: Justice for Social Guarantors

a. for a loan, scholarship or grant of any legislative guides or any conducted by the Asian Bankers
for educational or research concerted efforts to address the Research, Malaysia is listed
purpose; issues faced by social guarantors. fourth in the Asia Pacific region’s
b. for a hire-purchase transaction most creditor-friendly bankruptcy
of a vehicle for personal or non- Our bankruptcy framework regimes where creditors can expect
business use; and modelled after the United Kingdom’s to recover more than 80 cents
c. for a housing loan transaction creditor-friendly bankruptcy regime in the dollar of assets they were
solely for personal dwelling does not help. Being creditor- owed (Bernama — 2009)2. Given
friendly, maximization of value of its creditor-friendly approach, our
The plight of the social guarantor assets of debtors for purposes of bankruptcy law has streamlined the
has not previously been taken distribution among creditors is the bankruptcy process to be no more
seriously. There was an absence priority. In fact, according to a study than an administrative procedure.
As long as papers filed in court
are in order and there being
no objection from the Director
General of Insolvency, a debtor
and guarantor shall be adjudged
bankrupt. There is no room for
anything else.

With financial institutions like

the Bank A systematically filing
their papers in court with little
scrutiny, little wonder that this has
contributed to the alarming high
bankruptcy rates where half of
the bankrupts were in fact social
guarantors. Between 2010 and
2016, a total of 11,159 individuals
were declared bankrupt, — 60.8%
of whom were social guarantors.
That is a whopping 6,780, of the
bankrupt were social guarantors3.
The statistics have mounted to the
point where the Government has
stepped in to take a serious look
at legislative reform. The burden
of bankruptcy, if left unattended,
could have a crippling effect on the
social and economic landscape of
the country.

Reform of the law of

bankruptcy
Come 2016, the Bankruptcy Bill
proposes major amendments to the
Bankruptcy Act 1967, marking the
Photo by Clem Onojeghuo on Unsplash

shift from creditor-friendly towards

a more debtor-friendly approach to
bankruptcy.

The Bill was passed by both

Houses of Parliament in Mar and
Apr 2017 respectively, followed by
royal assent in May 2017.

JAN–MAR 2018 29
 FEATURES AND ARTICLES

Amongst others, the threshold especially so if the bankrupt has amongst others, study loans and
amount to commence bankruptcy given his/her fullest cooperation hire-purchase loans. Instead of a
proceedings against a debtor to the creditors. Retaining the guarantee, lenders might request
is increased from the current bankruptcy status of a bankrupt for other kind of securities, such as,
RM30,000. to RM50,000. Since even after exhausting the mortgage, assignment of rights to a
1967, the threshold has been distribution of his/her assets by property, higher cash deposits for
steadily increased from the initial creditors really serves no purpose, approval of study / hire-purchase
RM2,000, to RM10,000. in 1993. other than as a punishment to the loans.
The threshold was subsequently bankrupt. To a social guarantor, this
increased to RM30,000. in 2003 kind of punishment would be rather The total prohibition of
and now again been increased to unfair, taking into account, he/she commencement of bankruptcy
RM50,000.4. did not benefit from the loan. against social guarantors will
bring about to increase of other
The process of service of Another significant reform modes of execution against
bankruptcy papers on debtors to the bankruptcy law is the social guarantors, such as, writ of
is now being tightened in that a total prohibition of bankruptcy seizure and sale and garnishment
creditor must demonstrate to the proceedings by a creditor against proceedings. The total prohibition
Court that personal service has a social guarantor11. If previously a of bankruptcy against social
been attempted and that there is creditor is required to demonstrate guarantors does not affect pending
intention by the debtor to evade that he/she has exhausted all cases in Court filed against social
service5. avenues of recovery against the guarantors before the amendment.
principal debtor before commencing Social guarantors are unable to the
A new provision for reorganisation with bankruptcy against a social petition to throw out pending cases
of debtor’s finances and debt guarantor, the creditor is now in Court.
payment has been made available6, totally prohibited from taking any
similar to Chapter 11 of the US bankruptcy proceedings against a Whether the total prohibition will
bankruptcy code and very much social guarantor. In their darkest affect the contractual obligation of a
similar to Singapore’s Bankruptcy hour, social guarantors who are still social guarantor under a guarantee
Act 7. Chapter 11 is generally digging through the never ending remains to be tested. The Court
used by debtors to provide an land of gloom and despair now of Appeal case of Goh Kein Hooi
alternative to bankruptcy by giving come across a path shimmered v OCBC Bank & Appeal (2014)
an opportunity to the debtor to with the light of hope. 4 CLJ 27412 affirms the principle
reorganise their ongoing concerns. that contractual obligations of a
Given this new mechanism of Effect on social guarantors guarantor to the creditor bank shall
reorganisation, the name of the take precedence notwithstanding
Bankruptcy Act has been renamed While there is cause for cheer in that the creditor has not exhausted
the Insolvency Act8. particular for debtors and social all avenues of recovery from the
guarantors, the impact of the principal borrower. With respect,
With the amendments, there will amendments should not to be the above case shall now be
no longer be distinction between ignored. Foreseeable impact will distinguished in light of the
adjudicating and receiving orders9. likely result in the tightening of express prohibition of bankruptcy
Once a bankruptcy order is financing approval by financial actions against social guarantors,
pronounced, the debtor is adjudged institutions, relative to the increase otherwise, the very intention of
bankrupt and at the same time, his/ of the minimum threshold to the amendment meant to afford
her assets will vest in the Director commence bankruptcy. In fact, the protection to social guarantors may
General of Insolvency’s office. higher the minimum threshold, the be defeated.
stricter the approval for financing
Automatic discharge10 is another will be. The Underlying Concern:
feature of the reform. In line with Does the bankruptcy law
the development of bankruptcy In light of the total prohibition adequately addresses them?
laws in other jurisdictions in United of bankruptcy against social
Kingdom and Singapore, there guarantors, highly probably on One marvels at how the legislative
ought to be a rehabilitation of a the list is the replacement for framework for bankruptcy has
debtor by allowing for discharge requirement of guarantee by developed over time. In the early
from bankruptcy status so that he financial institutions as a security days before bankruptcy existed,
or she could start afresh. This is for credit facilities. This includes debt-slavery was widespread.

30 JAN–MAR 2018
 FEATURES AND ARTICLES
Bankruptcy Reformed: Justice for Social Guarantors

A debtor who could not repay his against going to the extreme. A issue which bankruptcy legislation
debts could have his spouse and balance between creditor and is not in a position to address. It
children work for the lender to debtor-friendly approach would is high time that complementary
repay his debts. be a more viable approach. The legislations pertaining to financial
legislative guide by UNCITRAL literacy and financial empowerment
Then there was a time where (United Nations Commission of be introduced. We certainly look
bankrupts used to be treated like International Trade Law) lays forward to this.
criminals. An intention to defraud down the key objectives in laws
creditors would amount to an act governing insolvency. Amongst
of bankruptcy. As asserted by Lord the key objectives outlined in the
Kenyon in the case of Fowler v guide is the provision of certainty This article was first published in
Padget (1798) 7 Term Rep 50913, in the market to promote economic the newsletter of Messrs Halim,
where he said: stability and growth15. Hong and Quek in August 2017.

“Bankruptcy is considered as a Frameworks of insolvency laws 1

S ection 2 of Bankruptcy Act
crime, and the bankrupt in the old ought to be in line with this 1967
laws is called an offender…if the objective to provide certainty in 2
Gita Radhakrishna, Rethinking
words of the statute are to be taken the market to promote economic Insolvency Court In The
in their literal sense, any person stability and growth. While social Malaysian Context
who happens to go from home only guarantors certainly need some 3
FMT News, Nancy: Amendments to
for an hour, during which time any protection, whether total prohibition Bankruptcy Act in final stage, 10 Dec
creditor calls for payment, and is of bankruptcy of social guarantors 2015
for that hour delayed, may become is in line with the key objective of 4
Section 12, Bankruptcy (Amendment)
a bankrupt; and it would be no providing certainty in the market Act 2017 (A1534)
answer to such an argument that to promote economic stability and 5
Section 13, Bankruptcy (Amendment)
the trader left word where he was growth will be tested in the coming Act 2017 (A1534)
gone, because a creditor may have years. 6
Section 8, Bankruptcy (Amendment)
taken out a writ against him in one Act 2017 (A1534)
country, and if he was gone on the Whatever design is chosen for 7
Singapore Bankruptcy Act, Chapter 20
borders of the next country, such an insolvency law in meeting 8
Section 14, Bankruptcy (Amendment)
creditor would in fact be delayed.” the key objectives, it must be Act 2017 (A1534)
complementary to and compatible 9
Section 14, Bankruptcy (Amendment)
With progress, bankruptcy is now with legal and social values of a Act 2017 (A1534)
better regulated. A bankrupt is society which it is going to sustain. 10
Section 37, Bankruptcy (Amendment)
no longer treated like a criminal. The burden remains with the Act 2017 (A1534)
Instead, sanctions such as regulator in maintaining lender 11
Section 12, Bankruptcy (Amendment)
seizure of a debtor’s property and confidence and at the same time Act 2017 (A1534)
distribution amongst creditors protecting interests at stake. 12
[2014] 4 CLJ 274
in proportion of the debts were 13
[1798] 7 Term Rep 509
introduced with the objective of While bankruptcy legislation only 14
Statute of Anne 4,
realisation of assets to satisfy addresses process and powers 15
UNCITRAL Legislative Guide on
incurring debts. when a debtor is already in the state Insolvency law, Establishing key
of insolvency, the underlying issue objectives, page 10 paragraph [3]
There were no regulations for tracks back much earlier, before
rehabilitation of bankruptcy until the default starts. It cannot be
the 18th century. In the 18th century, gainsaid that the rise of bankruptcy
provisions for relief of a bankrupt statistics demonstrates the rise of
who complied with provisions default in repayment by borrowers
of law by way of discharge were of their debts. While reasons for
Photo by Toa Heftiba on Unsplash

introduced14, allowing a debtor to insolvency vary and range from

start afresh. This marked the shift sudden out of work or inability
towards a more debtor-friendly to settle hospital bills, ultimately
approach in bankruptcy laws. it boils down to one’s financial
management, namely one’s ability
In shifting to a debtor-friendly to manage his/her expenses and
framework, caution is to be applied income. This is the underlying

JAN–MAR 2018 31
 The Third Wave:
Malaysia Launches
the Framework for The framework
Digital Investment To implement the framework for

Management Services digital investment management

services, amendments were made
by the SC to its Licensing Handbook
(“Handbook”) and Guidelines on
By Kok Chee Kheong, Member of the Bar Compliance Function for Fund

T
Management Companies (“FMC
Compliance Guidelines”) on 9 May
he Securities Commission a decade ago, these services 2017.
Malaysia (“SC”) has in recent have since spread to the United
years taken various measures Kingdom, Canada, Germany and Licensing matters
to increase the breadth and depth Australia. According to the SC’s
of the Malaysian capital market media release on 9 May 2017, As fund management is a
by introducing frameworks for digital investment management regulated activity under the Capital
new products which leverage is a fund management business Markets and Services Act 2007,
information technology and which incorporates innovative a person who proposes to offer
the digital space. The first step technologies into discretionary digital investment management
was taken in 2015 when the SC portfolio management services. services is required to obtain
introduced the framework for equity a fund management licence in
crowdfunding. This was followed Hence, unlike traditional investment relation to portfolio management
by the launch of the peer-to-peer management services, digital as a digital investment manager
financing framework in 2016. On investment management services under paragraph 2.05(2) of the
9 May 2017, the SC took the third seek to leverage technology such Handbook. The SC has announced
step by introducing the framework as algorithms and automated that parties who are interested in
for digital investment management processes to execute orders and providing these services may apply
services. manage and rebalance investment for such licence from 9 May 2017.
portfolios with minimal or no human
What is it? intervention. In other words, digital General requirements
investment management services
Digital investment management can be aptly encapsulated in the The general requirements that
services, also described as “robo- tag line adopted by Canadian robo- have to be satisfied for a fund
advisory”, are of fairly recent origin. advisor, Wealthsimple – “Investing management licence (including a
Started in the United States about on Autopilot”. fund management licence for digital

32 JAN–MAR 2018
 FEATURES AND ARTICLES
The Third Wave: Malaysia launches the framework for digital investment management services

investment management) are set strategies; commensurate with Variation of existing licence
out in Chapter 4 of the Handbook. the risk profile of the investor;
Among the requirements that are to and comply with securities A holder of a fund management
be satisfied are that the applicant laws; licence for portfolio management or
must: for boutique portfolio management
3. have the system to support the may apply to the SC to vary its
1. be a company incorporated in digital investment management licence to include digital investment
Malaysia; business, including maintaining management if it satisfies the
a secure environment pursuant criteria that apply to digital
2. satisfy the fit and proper criteria to the SC’s Guidelines on investment management.
set out in paragraph 4.01(1) of Management of Cyber Risk and
the Handbook; other relevant guidelines; Outsourcing

3. have clear lines of 4. comply with the digital A holder of a fund management
responsibility and authority in value proposition, including licence for digital investment
its organisational structure; demonstrating that its digital management services is permitted
the necessary information business model can deliver to outsource its services to a
technology systems and positive outcomes to its target technology provider subject to
infrastructure for its business; investors and other target compliance with the relevant
adequate systems of internal beneficiaries; the delivery of requirements in Chapter 10 of the
control; risk management its services is user-centric; Handbook.
policies and processes; and and the core components of its
policies and procedures portfolio management services, Compliance matters
for managing conflicts and including risk profiling and asset
monitoring of unethical conduct allocation and rebalancing, are As a general rule, every holder
and market abuse; and automated; of a fund management licence is
required to comply with the FMC
4. ensure that its directors, chief 5. have a director who has Compliance Guidelines. These
executive officers, managers a minimum of five years, requirements would also apply to
and controllers are fit and relevant experience in fund a holder of a fund management
proper and have the requisite management and holds a licence for digital investment
qualifications and experience, Capital Markets Services management.
as set out in the relevant Representative’s Licence for
provisions of Chapter 4 of the portfolio management;
Handbook.
6. have a dedicated compliance
Specific requirements officer or a person responsible
for compliance; and
Chapter 4 of the Handbook also
sets out specific requirements that 7. have a minimum paid up capital
are to be satisfied by an applicant of RM2 million and at all times,
for a fund management licence for a minimum shareholders’ fund
digital investment management of RM2 million.
services. An applicant for such a
licence must: A holder of a fund management
licence for digital investment
1. have a sufficient understanding management services may be
of the rationale, risks and rules wholly-owned by non-Malaysians. About the Author
behind the algorithm that Kok Chee Kheong is a Partner
underpins its digital investment The SC may impose the conditions in the Corporate Division at
management business; and restrictions set out in Chapter 7 SKRINE. He is involved in
of the Handbook that are applicable the practice of corporate and
2. ensure at all times that the to a holder of a fund management
securities law. He may be
outcomes provided by its licensee on a holder of a fund
algorithm are consistent with management licence for digital contacted at: kck@skrine.com
the company’s investment investment management services.

JAN–MAR 2018 33
 FEATURES AND ARTICLES

General requirements requirements set out in the A happy coincidence?

FMC Compliance Guidelines
The requirements include applicable to an applicant for a Less than a fortnight after the
complying with the 11 core fund management licence for launch of the framework for digital
principles set out in Chapter 1 of digital investment management investment management, the SC
the FMC Compliance Guidelines, set out earlier in this article; announced that various measures
such as conducting its business will be introduced in 2017 to
with integrity, due care, skill and 2. conduct at least an annual enhance the development of the
diligence, acting in the interest of its review on the effectiveness domestic market for exchange
clients, avoiding conflicts of interest, of the governance and traded funds (“ETF”). Among the
protecting assets of its clients and supervision of the technology measures being considered by
taking reasonable care to ensure and algorithm underpinning its the SC are reducing the issuers’
that its affairs are conducted in digital investment management costs and capital requirements for
a responsible manner and with business; issuers and the introduction of new
adequate risk management products.
and in compliance with a sound 3. ensure that its risk management
compliance framework. framework includes risks As some robo-advisors, such as
related to the digital investment Betterment, Wealthsimple and
The board of directors and management business; Stockspot, invest a large part of
compliance officer of a holder the funds under management in
of a fund management licence 4. d i s c l o s e a n d d i s p l a y ETFs, these measures to boost the
are required to comply with prominently on its platform, all domestic ETF market are timely and
their respective responsibilities relevant information including may assist in the development of
set out in Chapter 2 of the FMC the investment strategies the digital investment management
Compliance Guidelines. The board used, the fact that an algorithm sub-sector as well. A happy
is also required to establish a risk is used, the function of the coincidence or a master stroke in
management framework that algorithm used, the assumption strategic planning?
commensurate with the licensee’s and limitation of the algorithm,
business. the risks inherent in the use According to the SC, the framework
of technology and the fees, for digital investment management
To safeguard the assets of charges and remuneration for services aims to provide investors
its clients, a holder of a fund the services provided; and with a more convenient, affordable
management licence is required and accessible channel to manage
to appoint a qualified custodian to 5. establish, maintain and and grow their wealth. Sceptics
hold the assets of its clients in trust implement written policies and have expressed doubts that the
for them. procedures including ensuring de-personalised “robo advisory”
that the algorithm is monitored services will find favour with
Additional requirements and tested to ensure it is fit for investors. Its proponents have, on
purpose at all times; access the other hand, argued that the
In addition to the general to and the ability to make low minimum investment threshold
requirements, a holder of a changes to the algorithm is and lower fees have made wealth
fund management licence for limited only to authorised management services accessible
digital investment management personnel; and ongoing due to a significantly wider segment of
is required to comply with the diligence is conducted on any society.
additional requirements set out in third party that develops, owns
Chapter 13 of the FMC Compliance or manages the technology and In the final analysis, the success
Guidelines. These include an algorithm used by the licensee. or failure of digital management
obligation on the licensee’s board services will depend primarily on
of directors to ensure that the The compliance officer is whether the technology used will
licensee has the technological responsible for establishing a enable the investment objectives
capabilities to undertake digital compliance programme which of the investors to be achieved in a
investment management business. takes into consideration the unique reliable and secure manner.
The licensee must– and specific aspects of the digital
investment management business
1. continue to comply with the model.
specific requirements the

This article is reproduced with permission of SKRINE.

34 JAN–MAR 2018
 FEATURES AND ARTICLES

Who Determines
the Law of the Land?
This article discusses
when a challenge on
the constitutionality
of a statute may be
considered an abuse
of process of the court
and the application
of the Courts of
Judicature Act 1964. By Puthan Perumal, Member of the Bar

About the Author

Puthan Perumal is a Partner at
Messrs Perumal Brothers in Kuala
When can a law be declared invalid
Lumpur. An enthusiastic writer on
Article 4(1) of the Federal Constitution states: various aspects of law and society,
his work can be found in the Malay
Mail and Malaysiakini.
This Constitution is the
supreme law of the Federation and
any law passed after Merdeka Day
which is inconsistent with this
(1) in the case of Federal written law, because
Constitution shall, to the extent of it relates to a matter with respect to which
the inconsistency, be void. Parliament has no power to make law, and
in the case of State written law, because it
relates to a matter with respect to which the
The Federal Court in Ah Thian v Government of State legislature has no power to make law,
Malaysia [1976] 2 MLJ 112 held the following: article 74; or

“The doctrine of the supremacy of Parliament (2) in the case of both Federal and State written
does not apply in Malaysia. Here we have a law, because it is inconsistent with the
written constitution. The power of Parliament and Constitution, see article 4(1); or
of State legislatures in Malaysia is limited by the
Constitution, and they cannot make any law they (3) in the case of State written law, because it is
please.” inconsistent with Federal law, article 75.

Under our Constitution written law may be invalid The court has power to declare any Federal or
on one of these grounds: State law invalid on any of the above three grounds.

JAN–MAR 2018 35
 FEATURES AND ARTICLES

The court’s power to declare any law invalid Court, it would seem that the Court of Appeal would
on grounds (2) and (3) is not subject to any be the last resort to get a determination on that issue.
restrictions, and may be exercised by any court in It would seem that the Federal Court cannot interfere
the land and in any proceeding whether it be started with the Court of Appeal’s determination on whether
by Government or by an individual. that statute is constitutional or unconstitutional, as
far as penal statutes that gives rise to offences that
Based on the above, any individual who feels his or originate at the Sessions Court.
her basic constitutional rights are being infringed upon
by a statute, may challenge the constitutionality of that For civil matters, Section 96 of the Court of
statute, and he or she may do so in any proceedings Judicature Act 1964 states:-
in any court. Subject to any rules regulating the proceedings of
the Federal Court in respect of appeals from the
Proceedings that commence in the lower courts Court of Appeal, an appeal shall lie from the Court
(Sessions and Magistrates’) of Appeal to the Federal Court with the leave of the
Federal Court —
Section 87(1) of the Courts of Judicature Act 1964
states: (a) from any judgment or order of the Court of
(1) The Federal Court shall have jurisdiction to hear Appeal in respect of any civil cause or matter
and determine any appeal from any decision of decided by the High Court in the exercise of
the Court of Appeal in its appellate jurisdiction in its original jurisdiction; involving a question of
respect of any criminal matter decided by the High general principle decided for the first time or
Court in its original jurisdiction subject to any rules a question of importance upon which further
regulating the proceedings of the Federal Court in argument and a decision of the Federal Court
respect of appeals from the Court of Appeal. would be to public advantage; or

In Siow Chung Peng v Public Prosecutor [2014] 4 (b) from any decision as to the effect of any
MLJ 504, the Federal Court held: provision of the Constitution including the
“[12] In effect, s 87(1) of the CJA provides that the validity of any written law relating to any such
Federal Court ‘shall have jurisdiction to hear and provision.
determine any appeal from any decision of the Court
of Appeal in its appellate jurisdiction in respect of Going by paragraph (a), leave applications to the
any criminal matter decided by the High Court’ in Federal Court would only be entertained if the civil
pursuance of's 22. That s 87(1) must be read as a matter originates from the High Court in the exercise
whole. For the Federal Court to have jurisdiction to of its original jurisdiction. This is clear from the words
hear and determine an appeal from any decision “from any judgment or order of the Court of Appeal
of the Court of Appeal, two preconditions must be in respect of any civil cause or matter decided by the
met: (a) the decision of the Court of Appeal was in High Court in the exercise of its original jurisdiction’.
its appellate jurisdiction in respect of the criminal
matter; and, (b) the criminal matter was decided Paragraph (b), however, starts off with ‘from any
by the High Court in its original jurisdiction. As decision”. This can be construed as any decision from
said, the original criminal jurisdiction of the High any court, and not exclusively from the High Court, as
Court is as stipulated in s 22 of the CJA, which is clearly expressed in paragraph (a).
the jurisdiction to try offences. But in the instant
case, the High Court was not the trial court. And not In Titular Roman Catholic Archbishop of Kuala
being the trial court, the High Court could not have Lumpur v Menteri Dalam Negeri & Ors [2014] 4
decided the criminal matter in pursuance of s 22 or MLJ 765, in a dissenting judgment of Jeffery Tan FCJ
in other words, in its original criminal jurisdiction. it was held:
This is to say that an appeal could only reach “[265] On the basis of the above irrefragable facts, it
the Federal Court via the Court of Appeal, if the is evident that at each and every stage that condition
criminal matter were decided by the High Court (i) had been first considered and then reviewed, by
as the trial court.” the Minister who imposed it, by the High Court who
set it aside, and by the Court of Appeal who upheld
So, for criminal matters, if one is subject of a criminal condition (i), there were questions and or issues
charge at the Sessions Court, for example, and a on the constitutionality of condition (i). It is equally
constitutional challenge of the statute on which the evident that those constitutional questions/issues
criminal prosecution is based is raised at the Sessions were either defended and justified by the Minister

36 JAN–MAR 2018
 FEATURES AND ARTICLES
Who Determines the Law of the Land?

and answered by the courts on the basis of the Section 30 of the Courts of Judicature Act 1964
provisions of the constitution and its effect. The states:
High Court and the Court of Appeal might have
reached different results. But it remains all the same “30 Reference of constitutional question by
that were clearly decisions by the courts below subordinate court
on the effect of the provisions of the Constitution.
Section 96(b) has only one prerequisite — ‘from (1) Where in any proceedings in any subordinate
any decision as to the effect of any provision of court any question arises as to the effect of
the Constitution including the validity of any written any provision of the Constitution the presiding
law relating to any such provision’. It is plain and officer of the court (may) stay the proceedings
obvious that the sole prerequisite of s 96(b) has and (may) transmit the record thereof to the
been satisfied.” High Court.

It can be argued that if, in a civil matter, at a Sessions (2) Any record of proceedings transmitted to
Court, a constitutional point is raised which affects the High Court under this section shall be
any provision of the Federal Constitution including examined by a Judge of the Court and where
the validity of any written law relating to any such the Judge considers that the decision of a
provision, then, the Federal Court should entertain question as to the effect of a provision of the
a leave application in the event all appeals to the Constitution is necessary for the determination
High Court and the Court of Appeal are respectively of the proceedings he shall deal with the case
exhausted. in accordance with section 84 as if it were a
case before him in the original jurisdiction
Federal Court: The final authority in determining of the High Court in which the question had
constitutional questions? arisen.

It is humbly submitted here that the Federal Court is (3) Subsections (1) and (2) shall be deemed to be
empowered to determine constitutional questions in rules of court for the purposes of Article 128(2)
many ways. For the purposes of discussion here, let of the Constitution.
us look at two of them. Firstly, by way of reference,
and secondly, by way of appeal (subject to leave under Section 84 of the Court of Judicature Act 1964
section 96(b) of the Courts of Judicature Act 1964). states:
Reference of constitutional question by High Court:
We shall discuss below the former as the latter was
discussed above. (1) Where in any proceedings in the High Court a
question arises as to the effect of any provision
Article 128 (2) of the Federal Constitution provides: of the Constitution the Judge hearing the
proceedings may stay the same on such terms
Without prejudice to any appellate as may be just to await the decision of the
question by the Federal Court.
jurisdiction of the Federal Court,
where in any proceedings before (2) An order staying proceedings under this section
another court a question arises as to may be made by the Judge of his own motion
or on the application of any party and shall be
the effect of any provision of this made at such stage of the proceedings as the
Constitution, the Federal Court shall Judge may see fit having regard to the decision
have jurisdiction (subject to any rules of such questions of fact as may be necessary
to be settled to assist the Federal Court in
of court regulating the exercise of that deciding the question which has arisen and to
jurisdiction) to determine the question the speedy and economical final determination
and remit the case to the other of the proceedings.
court to be disposed of in accordance (3) Where an order for stay of proceedings has
with the determination. been made under this section the Judge shall
state the question which in his opinion has
arisen as to the effect of the Constitution in the
form of a special case which so far as may be

JAN–MAR 2018 37
 FEATURES AND ARTICLES

possible shall state the said question in a form to any rules of court regulating the exercise of
which shall permit of an answer being given in that jurisdiction’. The rules of court in this context
the affirmative or the negative. are the relevant rules as provided for under the
RFC 1995 as earlier referred to in our judgment.
(4) Where a Judge shall have stated a special The High Court judge does not have the power
case under this section the same shall be or duty to determine a question as to the effect of
transmitted to the Federal Court in accordance a provision of the constitution when the record of
with the Rules of the Federal Court. proceedings of the sessions court is transmitted to
the High Court under s 30 of the CJA.
In the case of Gan Boon Aun vs Public Prosecutor
[2016] 4 MLJ 265, the Federal Court held: Based on the above and the constitutional footing of
the Federal Court’s exclusive jurisdiction to answer
[22] It is to be stated here that nowhere in ss 30 and constitutional questions that has been referred to
84 of the CJA is power given to the High Court judge it under Article 128(2) of the Federal Constitution,
to determine a question which concerns the effect constitutional questions that have not been referred
of a provision of the constitution which had arisen to it but arises in the course of proceedings in the
in the subordinate court and in respect of which the subordinate courts (Sessions Court and Magistrates’
record of proceedings have been transmitted to the Court) should similarly also be answered by the
High Court by the subordinate court under s 30 of Federal Court ultimately.
the CJA. That power belongs to the Federal Court.
This approach would give a harmonious reading
[23] As regards the application of the provisions of between sections 30 and 84 of the Courts of Judicature
ss 30 and 84 of the CJA it is important to note that 1964, on the one hand, and section 96(b) of the Courts
both ss 30(3) and 84(4) of the CJA make reference of Judicature Act 1964 on the other. Section 96(b)
to the Rules of the Federal Court which is in Part clearly does not Sontemplate for situations from a
XI of the RFC 1995 entitled ‘Special Constitutional reference under sections 30 and 84 of the Courts of
Case’ which contain specific provisions as in rr 31 Judicature Act 1964, simply because those situations
to 39 to deal with a reference under ss 30 and 84 will be heard and decided by the Federal Court
of the CJA. anyway. Therefore, the proper interpretation would
be it covers situations where constitutional questions
[29] In dealing with the application of the provisions are raised but not referred to them but answered by
of ss 30 and 84 of the CJA, it is worth noting the the High Court and Court of Appeal.
provision of art 128(2) of the Federal Constitution
which confers jurisdiction on the Federal Court NS Bindra’s Interpretation of Statute (9th Ed) states,
to determine a question as to the effect of any under the chapter Interpretation of Constitution:
provision of the constitution. Article 128(2)of the
Federal Constitution clearly provides that without “The Indian Constitution follows the American
prejudice to any appellate jurisdiction of the principles. Article 132 ensures that though a
Federal Court, where in any proceedings before High Court may pronounce upon the validity of
another court a question arises as to the effect an Act or decide any other question involving the
of any provision of the constitution, the Federal interpretation of the Constitution, in all such cases,
Court shall have jurisdiction (subject to any rules the decision of the High Court shall not be final
of court regulating the exercise of that jurisdiction) and that the final authority of interpreting the
to determine the question and remit the case to the Constitution must rest with the Supreme Court,
other court to be disposed of in accordance with whatever the nature of the suit or proceedings
the determination. in which the question may arise.”

[30] Based on the clear provision of art 128(2) of the However, the Federal Court recently (8th Jan 2018) in
Federal Constitution, we are of the view only the the case of Kerajaaan Malaysia v Mat Shuhaimi Bin
Federal Court has the jurisdiction to determine Shafiei (Rayuan Sivil 01(f)-6-03/2017(W) disposed
a question as to the effect of any provision of the a civil appeal by essentially saying that since in a
Constitution for which the record of proceedings criminal application the constitutionality question that
has been transmitted to the High Court by a was raised had already been answered by a Court
subordinate court. It is noted that under art 128(2) of Appeal, the asking of the same question in a civil
of the Federal Constitution itself it is mentioned that application was an abuse of process of the court, and
the Federal Court shall have jurisdiction ‘subject

38 JAN–MAR 2018
 FEATURES AND ARTICLES
Who Determines the Law of the Land?

the Federal Court did not answer the constitutionality matter and subsequently in a civil matter. The fact
question. remains that the Federal Court has not answered it.

It is a far cry from what the Federal Court had said in A Federal Court should not, it is humbly submitted, for
Gan Boon Aun’s case. any reason say that since a constitutional question
has been answered by a Court of Appeal in a criminal
Clearly, it would be an abuse of process of the proceeding, therefore res judicata comes into operation
court if a Federal Court had already answered the and the raising of that constitutional question again in
constitutionality question. In fact, that is how leave a civil matter is an abuse of process of the court. The
applications at the Federal Court are dealt with Federal Court should not tie its own hands.
anyway; by the Federal Court asking themselves
whether that question (of law) has been answered by The Federal Court in Gan Boon Aun’s case, as
a Federal Court before. If yes, then leave will not be discussed above, had already made it abundantly
granted. Here, one can argue it is an abuse of process clear that only the Federal Court has the
of the court. When it comes to constitutional questions jurisdiction to determine a question as to the effect
not answered before by a Federal Court, one cannot of any provision of the Constitution, albeit reference
possibly successfully argue that that question has questions under sections 30 and 84 of the Courts of
been answered by the Court of Appeal and therefore, Judicature Act 1964. If that is the position in law, how
that is the end of the matter. It would be a bigger can the jurisdiction — to determine a question as to
misfortune if a Federal Court allows such a position the effect of any provision of the Constitution, arising
to be the position in law. under different circumstances and not by reference
— be any different?
Conclusion
A constitutional challenge, it is humbly submitted, is After all, the Federal Court is the highest court of
not an abuse of the court process if that challenge the land and who else is more qualified to interpret
is not answered by the Federal Court. It does the supreme law of the Federation than the highest
not, and should not matter if the challenge on the court?
constitutionality of a statute is brought in a criminal

JAN–MAR 2018 39
 Judicial Conduct: Paper presented at the
Roundtable Discussion:
Knowledge Sharing on
The Bangalore Judicial Ethics, Integrity
and Accountability in
Principles Examined Manila in August 2017.

Photo by Michal Lomza on Unsplash

by Param Cumaraswamy, Member of the Bar

T
his subject is not new before On codification of judicial ethics the Chief Justice said:
eminent jurists. Canons of
Judicial Ethics was the subject Canons of judicial ethics have been attempted, time and again, to
of the first MC Setalvad Memorial be drafted as a Code. Several documents of authority and authenticity
Lecture delivered in Delhi in 2005 are available as drafted or crafted by several fora at the national and
by the then Honourable Chief international level. The fact remains that such a code is difficult to be
Justice Shri RC Lahoti. In that framed and certainly cannot be consigned to a straitjacket. Mostly these
lecture the Chief Justice most canons have originated in and have been handed down by generation
admirably captured with succinct after generation of judges by tradition and conventions. If any reference
lucidity the essence of ethical is required to be made to documents, I would choose to confine myself
values for judicial officers as a by referring to three of them:
prerequisite for dispensation of
justice by an independent and (i) Restatement of Values of Judicial Life adopted by the Chief
impartial judiciary. Justices’ Conference of India, 1999;

(ii) The Bangalore Principles of Judicial Conduct, 2002;

(iii) The Oath of a Judge as contained in the Third Schedule of the

Constitution of India.

40 JAN–MAR 2018
 FEATURES AND ARTICLES
Judicial Conduct: The Bangalore Principles Examined

The Chief Justice briefly, again including Chief Justices from common law tradition and needed
very succinctly, described how the Asia and Africa, was set up. They input from other legal traditions,
Bangalore Principles developed. I were all from the common law particularly the continental civil
will expand a little further on the countries. It was chaired by HE law system, in order to achieve
background to the development Judge Weeramantry, a former universal acceptance, I sought
and drafting of the Principles and Vice-President of the International the assistance of the Council
its present status. Court of Justice; the Rapporteur of Europe. The Council readily
was the Hon Justice Michael Kirby cooperated. On 18 and 19 June
During my tenure as the UN Special of the High Court of Australia, 2002 together with the Coordinator
Rapporteur on the Independence and the Coordinator, Dr Nihal of the Judicial Group, we attended
of Judges and Lawyers and since Jayawickrama. This group met a meeting in Strasbourg with the
2000 in my annual reports to for the first time in Vienna in Apr Working Party of the Consultative
the UN Commission on Human 2000 at a workshop organised Council of European Judges.
Rights I expressed, inter alia, within the framework of the Global This 40‑member council advises
about the growing concerns over Programme Against Corruption and the Committee of Ministers of
judicial corruption and about in conjunction with the Tenth UN the Council of Europe on judicial
member States seeking greater Congress on Prevention of Crime matters. At the meeting, the Draft
accountability from the judiciary. and Treatment of Offenders. It was Bangalore Code was discussed
This issue was on the agenda funded by the UN Centre for Crime and it was followed by the working
of the Ninth International Anti- Prevention and Criminal Justice. I party submitting its views on the
Corruption Conference organised attended and participated in that code in writing. This submission
by Transparency International (“TI”) Workshop though on an observer was most useful from the civil law
in Durban, South Africa in Oct 1999. status. system perspective. Earlier, in
I participated in that programme. Feb 2002, through the American
TI was then pursuing ways to In my report to the Commission Bar Association and Central and
curb corruption in the judicial at its 57th Session in 2001, I again Eastern European Law Initiative
systems and sought partnerships drew attention to the growing “(ABA / CEELI)” I sought the views
with like-minded institutions and concerned over judicial corruption of the judges of the Central and
NGOs including the UN Centre and calls for formal mechanisms Eastern European countries. ABA/
for Crime Prevention and Criminal to deal with complaints against CEELI subsequently submitted the
Justice, the UNDP, the ICJ, the judges. views of some of the judges in that
Commonwealth Secretariat and region, and in particular, judges
financial institutions like the World Following its Workshop in Vienna, from Bosnia and Herzegovina,
Bank and the Asian Development the JGSJI met in Bangalore, India, Bulgaria, Croatia, Kosovo,
Bank. in Feb 2001 where it deliberated Romania, Serbia and Slovakia.
on and endorsed a draft code of
The Centre for the Independence judicial conduct which came to In Nov 2002, a meeting of several
of Judges and Lawyers (“CIJL”) be known as the Draft Bangalore Chief Justices and senior judges
of the ICJ in cooperation with TI, Code. from the civil law system was
convened a workshop of experts convened at the Peace Palace
in Geneva in Feb 2000 to consider During the 58 th session of the at The Hague by the JGSJI to
a framework to strengthen judicial Commission in 2002, I drew attention consider the Draft Bangalore Code
independence and eliminate to the Draft Bangalore Code at my in the light of the submissions by the
judicial corruption. I participated in meetings with the various regional Working Party of the Consultative
that workshop of 15 experts from groups and distributed a copy of Council and ABA / CEELI. Among
the regions. At the conclusion, a the code to interested member the Chief Justices present at this
Policy Framework for Preventing States. There was considerable meeting were the Chief Justices
and Eliminating Corruption and interest expressed. In my report of Brazil, the Czech Republic,
Ensuring the Impartiality of the to the Commission, I also drew Egypt, Mexico, Mozambique, the
Judicial System was adopted. (See attention to the fact that I intended Netherlands and the Philippines.
CIJL Year Book 2000 Volume IX). to develop this code further to Some judges of the International
ensure universal acceptance of the Court of Justice, including its
Following that workshop, a Judicial principles contained therein. then Vice President HE Judge
Group for the Strengthening Shi Jiuyong from China, attended
of Judicial Integrity (“JGSJI”) Realising that the Draft Bangalore part of the meeting and expressed
comprising of 10 senior judges Code was based substantially on the their views on the Draft Bangalore

JAN–MAR 2018 41
 FEATURES AND ARTICLES

Code. Senior judges from France should be brought to the attention members of the judiciary must be
and Norway also attended and of judiciaries. The judiciaries held; and (2) a mechanism, formal
participated in the meeting. should be encouraged to initiate or informal, to ensure that these
This meeting revised the Draft incorporation of the Principles into standards are adhered to.
Bangalore Code and renamed it their codes of conduct, if they are
the Bangalore Principles of Judicial not already. I emphasized that the The Bangalore Principles identify
Conduct. initiative should come from the six values each with a principle and
judiciaries. how the principle is to be applied.
The JGSJI met again in Colombo The six values are: independence,
in Jan 2003. Among those who Subsequently in its resolution, impartiality, integrity, propriety,
attended that meeting was former the Commission noted these equality, competence and diligence.
Chief Justice of India, PN Bhagwati. Principles and called upon member
At that meeting over 2 ½ days, the States, the relevant UN organs, It also provides for implementation
revised Bangalore Principles at The intergovernmental organisations which reads:
Hague was carefully considered and non-governmental
and approved. organisations to take them into By reason of the
consideration.
It is worthy of note that during its nature of judicial office,
deliberations over a period of 2 In Apr 2006, the Principles were effective measures
½ years in the consultations and endorsed by the UN Economic shall be adopted by
drafting process, the JGSJI had the and Social Council (“ECOSOC”)
benefit of studying reports initiated followed by the UN General national judiciaries to
by Uganda, Nigeria and Sri Lanka Assembly. In Mar 2007, the JGSJI provide mechanisms to
on pilot projects to strengthen published a commentary on the implement these
judicial integrity and capacity. Principles. The commentary
on each of the Principles also principles if such
As the principles set out in this illustrates, where available, best mechanisms are not
document had the general support practices of judicial conduct. In already in existence in
of eminent Chief Justices and senior Jan 2010, a document for Effective
judges of many of the States of the Implementation of the Principles their jurisdictions .
two major legal traditions, namely was drafted and adopted by the
the common law and the civil law, JGSJI. There is also available A code for judicial conduct
I urged the Commission at its 59th today a document on the Principles without an effective monitoring
session in 2003 to endorse, or at for Court Personnel, and a paper and enforcement mechanism will
least take note, of this document on the Dissemination Measures of remain and be seen as a set of
in its resolution on the mandate. I the Principles. pious platitudes. Establishment
expressed that the principles set of a formal judicial complaints
out in this document would go some The Bangalore Principles are mechanism is not inconsistent
way, when adopted and applied comprehensive and set out what with judicial independence
in member States, to support the are today considered as universal under international or regional
integrity of judicial systems and standards of judicial conduct standards. Principles 23 to 28 of
could be used to complement the for judges whether in national, the Beijing Principles imply some
United Nations Basic Principles regional or international tribunals. guidelines for such a mechanism.
on the Independence of the More States are incorporating the Often constitutions provide for a
Judiciary to secure greater judicial Principles in their domestic code mechanism for impeachment of
accountability. of ethics for judges. Compliance judges but not for misconduct falling
with a code of ethical values will short of impeachable misconduct.
There was unanimous support enhance judicial integrity. In this regard judges should take
for these Principles from member the initiative before it is forced upon
States present at the 59th Session. Justice Thomas of the Supreme them by political forces.
During the interactive dialogue Court of Queensland was quoted
after the presentation of my report by Chief Justice Lahoti in his lecture In South Africa, the judges
I was asked for my views on the as having said that there are two themselves drafted a legislation
ways in which the Principles key issues that must be addressed to provide for a judicial complaints
could be effectively disseminated. with regard to judicial ethics: (1) the commission. There was however, a
I expressed that the Principles identification of standard to which dispute between the executive and

42 JAN–MAR 2018
 FEATURES AND ARTICLES
Judicial Conduct: The Bangalore Principles Examined

the judiciary as to the composition Judicial Conduct (1990), has the the drafting and adoption of the
of the commission. The judges following rule: Bangalore Principles to promote
wanted the composition entirely of greater judicial accountability and
sitting judges. The executive felt 3(D)(1) A judge who thereby securing judicial integrity
that it should not be left entirely for the protection of judicial
with the judges as that would receives information independence, the jury is out
negate transparency. Though self- indicating a substantial there watching, talking about, and
regulation and self-discipline has likelihood that another listening to ethical conduct of their
come under criticism in the face judges.
of greater need for transparency judge has committed a
and accountability, yet in my violation of this code
capacity as Special Rapporteur should take appropriate
then, I recommended that judges
who took the initiative to draft the action. A judge having
legislation for such a mechanism knowledge that another
should be entrusted to self regulate judge has committed a
the mechanism and self discipline
under the same for an initial period violation of this Code
of at least seven years. Thereafter that raises a substantial
the effectiveness of the mechanism question as to the other REFERENCES:
could be reviewed.
judge’s fitness for office
The need for a separate complaints shall inform the
mechanism for judges is the appropriate authority For an understanding of principles of
subject of debate in many countries judicial conduct here in Malaysia
including the United Kingdom, New kindly refer to the Code Governing
Zealand, Australia, Ireland and Let me conclude by reference to Malaysian Judges 2009: http://
India. In some jurisdictions, informal the opening words of Chief Justice www.jac.gov.my/application/kod_
mechanisms have been set up. But RC Lahoti’s Setalvad Memorial eh2009.pdf
these are seen unsatisfactory. Lecture. He said that when he
was given the topic “Canons of The full text of Bangalore Principles
The insulations judges are Judicial Ethics”, he was amused. of Judicial Conduct 2003 may be
provided to protect their judicial He asked “who talks of ethics these found at: https://www.unodc.org/
independence and impartiality are days and who listens to ethics?” In pdf/crime/corruption/judicial_
founded on public policy. Public the light of developments across group/Bangalore_principles.pdf
policy can change with times. the regions, that has resulted in
The discerning public today has
high expectations of the judiciary.
If judges by their performance
and conduct do not meet those
expectations the, insulations will About the Author
slowly be whittled away. Former President of the Malaysian Bar from 1986 to 1988,
Param Cumaraswamy is a Barrister-at-law of the Inner Temple,
Good judges do not fear public London, and an advocate and solicitor based in Kuala Lumpur since
scrutiny of their performance 1967. He was Managing Partner at Messrs Shook Lin & Bok from 1992
and conduct. What they fear to 1997. In addition, he was Special Rapporteur on the Independence
is the presence of bad judges of Judges and Lawyers of the United Nations Commission on Human
amidst them in the system. Gross Rights (1994 to 2003), Chairman of the Human Rights Committee of
misconduct of one single judge the International Bar Association (1986–1989), President of the Law
remaining in the system without Association of Asia and the Pacific (“LAWASIA”) (1993–1995), Vice-
action being taken can tarnish
President of the International Commission of Jurists (2004–2005).
the image of the entire institution
including the image of individual He was awarded the Gruber Prize for Justice in 2005. In 2018 he was
judges in the system. It may be for awarded the Malaysian Bar Lifetime Achievement Award 2018. (see
this reason, that the American Bar page 16–25)
Association, in its Model Code of

JAN–MAR 2018 43
A
safeguard measure is a at the material time, petitioned MITI released its negative preliminary
form of trade protection. The for safeguard measures against to determination (“Decision”). The
Ministry of International Trade HRC imports. On 10 Sept 2015, investigation was terminated.
and Industry (“MITI”) undertakes a MITI initiated an investigation. In effect, this meant that the
safeguard investigation under the Notably this was Megasteel’s Government declined Megasteel’s
Safeguards Act 2006 (“Safeguards second attempt to seek safeguard request for safeguard protection.
Act”) and Safeguards Regulations protection, having failed in
2007 (“Safeguards Regulations”) the company’s first safeguard Having failed in its bid for safeguard
to determine whether a safeguard investigation in 2011 in respect of protection, Megasteel decided to
measure is necessary to protect the the same product. challenge the Minister’s Decision
domestic industry from suffering in the Malaysian courts, making
injury or threat thereof from a surge On 8 Jan 2016, after investigating this the first judicial review of the
of imports. the matter and considering the Minister’s decision in a safeguard
views of the affected parties, the investigation.
Megasteel Sdn Bhd (“Megasteel”), Government of Malaysia, acting
the sole Malaysian producer of Hot through the Minister of International
Rolled Coils (“HRC”) steel products Trade and Industry (“Minister”)

TRADE WARS:
An On-going Saga
About the Authors
Nicholas Lai is a Senior Associate
in the Dispute Resolution Division
of SKRINE. He graduated from the
University of Reading in 2011.
He may be contacted at:
nicholas.lai@skrine.com A commentary on Megasteel Sdn
Bhd v Minister of International
Trade and Industry and the
Ministry of International Trade
and Industry (Application for
Judicial Review No. WA-25-68-
04/2016). This case is the first
judicial review of a decision under
the Safeguards Act 2006 wittily
Manshan Singh is an related with a Star Wars theme.
Photo by Tobias Cornille on Unsplash

Associate in the Dispute

Resolution Division of
SKRINE. He graduated from
the University of Leeds with
a Bachelor of Laws in 2011
and Master of Laws in 2013.
He may be contacted at:
manshan.singh@skrine.com
JAN–MAR 2018 by Nicholas Lai and Manshan Singh, Members of the Bar
 FEATURES AND ARTICLES
TRADE WARS: An On-going Saga

Decision of MITI necessary for the imposition of a 10 May 2016. The battleground
safeguard measure would not be now moved from the halls of MITI
The Decision was based on a found. MITI recommended that to the courts of law for the first
Non-confidential Preliminary the investigation be terminated in time. The rules of the game had
Determination Report dated 8 Jan accordance with section 20(2)(b) changed; every step taken, or
2016 (“the Report”) issued by MITI of the Safeguards Act. omitted in this “trade war” carried
as the investigating authority under crucial consequences.
the Safeguards Act. In the Report, Megasteel strikes back
MITI summarised the evidence of Megasteel’s judicial review
Megasteel and 37 respondents or Dissatisfied with the Decision, proceedings were of great concern
interested parties including foreign Megasteel filed an application in to the many interested parties who
governments, foreign and local the High Court on 4 Apr 2016 for had participated in the original
trade associations, importers and leave to initiate a judicial review. safeguard investigation undertaken
exporters of HRC. In essence, MITI The Minister and MITI were by MITI. Order 53 rule 4 of the
found, inter alia, that: named as the respondents in the Rules of Court 2012 (“Rules
application which sought, inter alia, of Court”) expressly requires a
There was no surge in HRC imports as follows: party who has obtained leave to
coming into Malaysia warranting a commence judicial review to file
safeguard measure; and • an order to quash the a Notice of Hearing of Application
Decision; for Judicial Review (“Notice”) and
• the domestic HRC industry to serve a copy of the same and
was not seriously injured as • a declaration that the all cause papers on “all persons
claimed, or where injured, it Decision was tainted with directly affected by the application”.
was not caused by the HRC irrationality, illegality and
imports. procedural impropriety; and However, in this case, Megasteel
did not serve or chose not to serve
• It is noteworthy that all • an order directing the Minister the Notice, nor the cause papers
interested parties, save one, and MITI to re-initiate, on any of the 37 interested parties
were opposed to Megasteel’s continue or complete the in the original investigation. Out
petition and its proposal for investigation and issue a of the 37 interested parties, only
safeguard measures. final determination. nine interested parties (consisting
of local and foreign stakeholders)
It is also noteworthy that MITI for In summary, Megasteel contended, fortuitously came to hear about the
the first time relied on data provided inter alia, that the Minister and MITI judicial review through third-party
by the Royal Malaysian Customs had failed to: sources within the industry and
(“RMC”) when analysing import successfully applied to intervene
volumes. RMC’s data allowed • consider the increase of in the proceedings (“Interveners”).
MITI to obtain a clearer picture HRC imports in relative terms Hence, the Minister, MITI and the
of the relevant import volumes by (ie the increase of HRC Interveners found themselves on
removing HRC imports that had imports relative to domestic the same side and collectively
been given duty exemption status production) as required by sought to oppose Megasteel’s
under a national steel policy from the Safeguards Regulations; application for judicial review.
its volume analysis. The use of
RMC data is a step forward from • provide sufficient reasons for The force awakens
the 2011 investigation where excluding the duty-exempt
MITI highlighted the limitations of HRC and thus wrongly used On 6 Feb 2017, the judicial review
the consolidated data provided the data obtained from RMC was called for hearing before the
by the Department of Statistics, in the volume analysis; and/ Court. The Interveners collectively
Malaysia which did not distinguish or raised a number of objections
the different categories of import to Megasteel’s judicial review
volume. • furnish Megasteel with a application.
copy of the data provided by
Ultimately, MITI was satisfied that RMC. One of the main objections turned
even if the investigation were to be on Megasteel’s failure to serve
continued beyond the preliminary Megasteel’s application for leave the Notice and cause papers in
determination, the elements was granted by the High Court on accordance with the Rules of

JAN–MAR 2018 45
 FEATURES AND ARTICLES

Court. The Interveners argued

that the interested parties in the
original investigation must be
“persons directly affected by the
proceedings”, given that Megasteel
had sought for a continuation of
the investigation. The Interveners
contended that the failure to serve
the Notice and cause papers on
them had prejudiced their interests.

On the other hand, Megasteel took

the position that the term “interested

Photo by Depositphotos
parties” defined in the Safeguards
Acts could not be equated to
“persons directly affected by the
application” under the Rules of
Court, as to do so would allegedly
open the floodgates.
The Court having heard the Is a sequel pending?
The Interveners also challenged submissions of the Interveners
Megasteel’s failure to give full and and the response by Megasteel, This decision is noteworthy for two
frank disclosure to the Court at dismissed Megasteel’s application. reasons. First, it is the first time
the ex parte leave stage. It was According to the Court: that the decision in a safeguard
submitted that the standard of investigation has been challenged
disclosure for judicial review is • Megasteel had failed to in Malaysia by way of a judicial
uberrimae fidei (utmost of good comply with Order 53 rule review.
faith), being a higher standard 4 of the Rules of Court by
than bona fide (good faith). failing to serve the Notice Secondly, the decision is instructive
The Interveners submitted that and the cause papers on all in relation to applications for judicial
Megasteel failed, inter alia, to parties directly affected by its review of a decision under the
disclose: application; and Safeguards Act, as it highlights the
importance of serving the relevant
• its multiple previous attempts • there was no full and frank cause papers on the parties
to seek trade protection from disclosure on Megasteel’s who participated in the original
MITI by way of safeguards part, amongst other things, safeguards investigation and the
and anti-dumping measures; M e g a s t e e l ’s o m i s s i o n need for full and frank disclosure
to disclose that it was on the part of an applicant in such
• the fact that Megasteel a significant importer of proceedings.
itself was importing HRC in HRC constituted a material
significant volumes during non-disclosure. Megasteel did not file an appeal
the period of the investigation against the High Court’s decision
and thereby contributed A new hope? within the time frame prescribed
to the increase in imports by law, and as such, matters have
complained of; and In August 2016, it was reported that come to a close. Just as Star
Megasteel has closed its steel mill Wars aficionados may wonder
• the views, submissions in Banting. The judicial review was whether they will witness another
and evidence provided positioned to provide Megasteel a resurrection of the Death Star in
by the interested parties glimmer of hope, a fighting chance future episodes of the franchise,
in the original safeguards to obtain trade protection from MITI stakeholders in the Malaysian steel
investigation were not and perhaps resume production at industry may well be wondering
included in the ex parte its mill. Unfortunately for Megasteel, whether Megasteel will open
application. this hope was quashed as a result another battlefront in this long-
of the Interveners’ preliminary running trade war.
objections being upheld by the
Court.
This article was first published in Issue 1/2017 of Legal Insights,
a Skrine newsletter. Reproduced with permission of SKRINE.
46 JAN–MAR 2018
 FEATURES AND ARTICLES
shgfs jsgfuys kusfuytf kuhsiuf

GENDERWORKS Photos by Monash University Malaysia.

By Laura Eva Wong, PhD student, Monash University Malaysia

O
n Saturday, the 8 July 2017, Monash University strategic partnerships forged through the organisation
Malaysia hosted its very first Gender Studies of this conference. He also liked the multi-layered
conference for undergraduates. A joint effort by interpretations of the conference theme, believing that
the School of Arts and Social Sciences as well as the Genderworks has at least two meanings, with the first
School of Business, Genderworks 2017: Dialogue being that “gender, as we know, is a work in progress,
and Action Across Our Differences was convened for all of us”. Throughout our lives, we grapple with our
by Associate Professor Sharon A Bong, Dr Joseph own particular style and form of gender which is not, of
N Goh and Dr Thaatchaayini Kananatu to celebrate course, left untouched by social, political, cultural and
the establishment of the major in Gender Studies, economic forces, hence highlighting the malleability of
offered by the School of Arts and Social Sciences in our identities. The second meaning Professor Walker
2016. It was also organized in partnership with private identified, is that while we have “gender
institutions that form the Gender Equality Initiative, diverse societies, we certainly don’t have
set up by the Association of Women Lawyers and gender equality”. As such, we have to keep
the Bar Council Malaysia and which comprises INTI working to achieve gender equality.
International University, University of Nottingham
Malaysia Campus, Brickfields Asia College, Advance Following his speech was keynote
Tertiary College and Monash University Malaysia. speaker Dr Shanthi Thambiah’s,
Revolving around the theme of Gender Studies, the who went on to echo the need
conference called for papers by undergraduates to keep working to achieve
that tackled issues pertaining to how gender “equality for diversity” and stressed
manifests itself in our everyday lives, which the importance of conferences such as
includes, but is not limited to, the law and this, despite, and because of, widespread
human rights, culture and religion, as well beliefs that feminism is no longer necessary, because,
as in texts such as films. in reality, there is still much to be done.
Thematic panels of the 16 papers selected pre-
The auspicious event was launched by conference included Gender, Technology and
the President and Pro Vice-Chancellor Film; Gender, Capitalism and Labour; Gender,
(interim) of Monash University Equality and Justice: History and
Malaysia, Professor Andrew Walker, Institutions; and finally, Gender, Equality
who commended the team on the and Justice: Relationships and

JAN–MAR 2018 47
 FEATURES AND ARTICLES

Values. The authors life, and “draws attention

of these papers, who to the aspects that we take
come from three different for granted because they
institutions — INTI are so deeply entrenched
International University, in the way we live that
University of Nottingham we are not even aware
Malaysia Campus, and of it”. Indeed, one aim of
Monash University Genderworks 2017 was to
Malaysia — were each open eyes to how genders
given 10 minutes to and sexualities operate in
present their findings, our everyday lives and,
followed by a question and more academically, across
answer session. Among those present was Sheena different disciplines such as law, global studies, film
Gurbakhash, from the Association of Women Lawyers, studies, and, of course, gender and sexuality studies.
who served as a judge for the best oral presenter. In addition to this, Kan also liked that Genderworks
At the end of the day, both Agnes Ong from Monash challenged the status quo and provided a platform to
University Malaysia and Elizabeth Eu from INTI “tackle issues that are not always or openly discussed”
International University shared this honour, despite which he deems important to “protect and promote
the fact that everybody was only expecting one winner. social justice for all”. These issues which include the
many differences between us such as sex, gender,
But the paper that topped all 16 came from sexual orientation, religious affiliation, and socio-
Communication major Chelsea Teoh, who is currently cultural contexts, differences that seem irreconcilable,
pursuing a Bachelor of Arts and Social Sciences at were constantly highlighted during the conference. But
Monash University Malaysia. Teoh, who wrote about instead of ignoring or excluding them, which happens
simulated relationships and the Cyborg-Otaku, more often than not, Genderworks 2017 accepted,
articulated that her paper was inspired by her personal acknowledged, and privileged this diversity.
interest in Japanese pop culture and video games. She
explained that she thought it would be interesting to Finally, while this conference also provided an
explore the video gamer who is usually seen through intellectual and safe space for young minds like
a communications lens as a product of digital / mobile Teoh’s and Kan’s to critically and reflexively consider
media, and with gender as a main analytical lens, the ways in which gender works in their lives and
as a hybrid body. The other four papers that made the institutions they inhabit, it also had an effect on
up the top five include Monash’s Krisha Raveendran those of us who are not entirely new to this field. For
Vishinpir’s “Rising Trend of Kkotminam Masculinities in us, Genderworks 2017 served as a reminder to keep
South Korean Contemporary Culture”, Kan Wai Min’s going, no matter how long we have been at it, no
“Interrogating the United Kingdom’s Implementation matter how far we have come and no matter how far
Gap in the Provision of Asylum on the Basis of we still have to go. To quote Dr Alicia Izharuddin, a
Sexual Orientation”, Agnes Ong’s “Commentaries on lecturer in Gender Studies at the University of Malaya,
Singapore’s Christian and Cultural Attitudes Towards a who was addressing the aspiring undergraduates who
Gay Eschatology” and Saw Ray Mond’s “An Analysis were not sure if their papers would change the world,
of Malaysian Women Under Capitalism”. Gender Studies was started to change the world —
and that is what we will continue doing, one tiny step
Teoh added that this conference served as a platform — or one paper — at a time.
to showcase that gender permeates all spheres of

48 JAN–MAR 2018
 FEATURES AND ARTICLES

Alone, But Never Lonely 1

Simulated Relationships
and the Cyborg-otaku
ABSTRACT
Technology has brought with it affordances that are
often discussed with regard to its degree of benefit to
the occupants of the “real world”, a tool to use. This
good/bad binary, situated in relation to man, signifies
the assumption that technology is an entity separate
from humans. By looking at otaku — specifically
players of dating-simulation video games — this
paper utilises the concept of the cyborg to explore About the Author
Chelsea is currently a
the notion that humans and technology may not communications major,
necessarily be entirely separate entities. This paper pursuing a Bachelor of Arts
begins by briefly reviewing literature on the fusion and Social Sciences at Monash
University Malaysia. Her
between biology and the artificial, followed by a fields of interest – academic
section that examines in detail the way otaku interact or otherwise – include pop
with their gaming consoles and in-game characters. culture, the media industries
of East Asia, technology, and
Building on this, the paper will then conclude with (strangely enough) figure
some overarching questions to challenge the rigidity of skating. She can be reached at
the dichotomy between the “real” and the “virtual”. chelbonara@gmail.com.

By Chelsea Teoh Li Ann

C
ommonly used as the blanket term for “cult In this paper, I will be examining a specific branch of
fans” (Galbraith, 2011, para 2) of the Japanese otaku — players of a sub-genre of Japanese video
animation (anime), comic (manga), and game games known as dating-simulation games (hereafter
industries, otaku carries with it connotations of referred to as dating-sims), in which players engage in
solitariness and seclusion. Stereotypical otaku are romantic relationships with one or many virtual female
male and are often considered socially inept young characters. Through a series of choices in the game,
men who much prefer the companionship of technology players will attempt to court the character(s) of their
and machines to interaction with society (Kremer & choice and ultimately win her affections. Specifically,
Hammond, 2013; Taylor, 2007). For them, technology the otaku discussed in this paper live in the Japanese
is all at once their friend, their sustenance, and their metropolitan of Tokyo.
reality (Greenfeld, 1993).

JAN–MAR 2018 49
 FEATURES AND ARTICLES

The modern overlay of to their machines. Depending on act upon the game as much as the
communication, technology, and the device, players will either use game acts upon them, a reciprocity
economics has changed the the mouse, touchscreen, or (most which Bogost (2007) describes as
structures of human experience often) stylus to communicate with players “taking and leaving their
and thought, in what Ballard their virtual female companions. residue in both directions” (p 135).
(1995) calls an “alien anatomy Such interactions are not merely Here, I highlight the use of the
… integrating with our bodies limited to the selection of dialogue term “residue”, which implies that
at high speed” (p 81), a process options, but also to simulate actions remnants of the player is left in the
that occurs so naturally and that would typically be grounded game and vice versa.
unobtrusively in modern life that it exclusively in the physical world
becomes almost indiscernible. This — the “real” human touch. These Indeed, the very mechanics of
fusion between human beings and instances of (technologically dating-sims illustrate this concept.
their machines marks the collapse mediated) interaction are usually A sizeable share of the dating-
between the binaries of the human intimate physical contact that serve sim market takes a slice-of-life
and the artificial (Springer, 1996) to raise the “affection levels” of the approach to gameplay narratives,
— a contemporary state of being virtual girl. For example, caressing and as a result, instills a surprisingly
and body known as the cyborg, would entail dragging the pointer poignant sense of mundaneness in
a creature of “social reality as across an expanse of “skin” on gameplay. Throughout the game,
well as … fiction” (Haraway, the screen, whereas a kiss would players take up almost menial,
1991, p 149). In other words, it is require the player to leave a everyday tasks; for instance,
an amalgam of technology and prolonged tap on the character’s going to work or school, having a
biology, the ultimate transgression lips. meal together, celebrating special
of boundaries that challenges the occasions to make their partner
notion of the purely organic body This “incorporation of virtual happy — things so normal that
that necessarily constitutes “real” paddles with real hands” (Keogh, they seem almost strikingly real
human beings. Donna Haraway 2015, p 57) begs a complete (Allison, 2006, p 166). As most
writes that perhaps the notion of the reinterpretation of the notion of games are marked by the presence
cyborg is not at all an unachieved the gamer and their consoles as of a calendar, a flow of time is also
post-humanist dream, but is, in fact, entirely separate entities: one created. By possessing the ability
already happening. Technology cannot function to further the to make their own choices and
has become so integrated with the progress of the game without the henceforth dictate the flow of the
human that it now functions as one other. For otaku fans of the genre, game and the acquired ending,
with our bodies. their devices constitute a part of otaku view the virtual girl they
the players, an extension of the ultimately manage to court as
In this essay, I will be drawing self that ‘reaches into’ the screen their “destined” partner, the most
primarily upon Haraway’s (1991) and “fills the space … [with his] ideal match “received” based on
concept of the cyborg, as well as own presence, which merges with personal traits that they have ‘left’
existing literature on video game that of the machine” (Allison, 2006, in the game.
theory, to interpret the otaku and p 187). Technology has come to
dating-sim phenomena in Tokyo, constitute an indispensable role in To partake in video games is
Japan. facilitating the otaku’s basic daily to “interact with real rules in a
share of interaction with another fictional world” (Juul, 2005, p 1),
Will the real human being (now not necessarily human) lending dating-sims the capacity
please stand up? being, and as such, fosters a to also produce meaning in reality
sense of (techno-)intimacy, where (Lauteria, 2011). For the otaku, the
Dating-sims are most commonly the organic and the mechanical time and emotions invested in these
available on game consoles like the are so closely intertwined as to games are nothing but real, and the
Nintendo 3/DS or PlayStation Vita, make obscure the boundaries of relationship forged with their virtual
and have more recently expanded separation. girl — by virtue of the feelings
their supported platforms to include elicited in the players themselves
smartphones as well. During This notion of intimacy brings to the — are just as real. This is, I believe,
gameplay, players are — in both fore the realisation that the virtual sufficient to challenge the common
the literal and metaphorical senses world in these devices — the game understanding of video games as
of the word — connected to their world — is not merely an insulated, an interactive medium, and go
devices. They often wear headsets unresponsive realm that the otaku further as to call it “intermediative”
or earphones, “hooking” their body impose themselves on. Players instead, a notion that suggests

50 JAN–MAR 2018
 FEATURES AND ARTICLES
GENDERWORKS Alone, But Never Lonely Simulated Relationships and the Cyborg-otaku

“reflexive feedback loops between “disassembling and reassembling” legally recognised in any country
users and computers” (Hayles, (Haraway, 1991, p 163) the notion or community (Lah, 2009). Dating-
2005, p 31). of the body and the self – it is not sims do challenge the normalcy
made of flesh and bone, but is of relationships — in that it must
Moreover, unlike the female instead constituted by “complex occur only between real bodies
characters, the male love interest intersections of materiality and — and allows some avenue for
in dating-sims is never drawn in meaning” (Galloway, 2004, p 190). transcending certain physical
great detail, so as not to pre-assign limitations, but it remains that the
any physical attributes to the The horizon is (still) beyond us player is encapsulated in reality,
protagonist. Throughout the game, and that these virtual girls do
players also make choices based Technology, in all its forms today, not possess tangible bodies. It is
on their own moral compasses and is commonly regarded as a means relatively easy to say that a real
personalities in the material world. of effortlessly connecting (real) person can fuse with the virtual, but
Thus, the otaku do not become a people across geographical space. if upended, can a virtual character
particular character or assume a It is a medium — circuits and fibre assimilate with the material world
set of pre-determined characters; optics and networks to connect and successfully interact with real
instead, they are their characters. one “real” point to another through individuals and our societal codes
a temporary virtual bridge, a means on their own volition?
In this case, the subject and the to an end.
Other are sutured together in I will conclude with some
a hyper-realistic space where However, in the case of otaku overarching questions: Where is
the distinction between what and dating-sims, where they the horizon? To what extent can
is “truly” real and fictional initiate romantic relationships fusion of the real and the virtual
becomes indistinguishable. In with characters that exist solely in go uninhibited before boundaries
cyberfeminism, the place of the spaces of virtuality, is technology are (re)drawn? We are, as yet,
body is of paramount importance, not, then, the end itself? Attempts nowhere near to realising the
and as cyborgs, otaku are to marry one of these characters in utopic posthuman, postmodern,
the physical world, for instance, is and postgendered ideals that
not a binding contract that will be Haraway (1991) describes in her
work, where there is a complete
eradication of any dichotomous
delineation. But perhaps she is
closest to the truth of the matter
when she writes that “a cyborg
world might be about lived social
and bodily realities in which people
are not afraid of their joint kinship
with … machines” (Haraway, 1991,
p 154). The otaku can attest to that.

1
T itle adapted from Volker
Grassmuck’s (1990) essay,
‘I’m alone, but not lonely’.

JAN–MAR 2018 51
 FEATURES AND ARTICLES

Hayles, K. N. (1999). How we became posthuman: Virtual

REFERENCES:
bodies in cybernetics, literature, and informatics.
Chicago, IL: University of Chicago Press.

Allison, A. (2006). Millennial monsters: Japanese toys Juul, J. (2005). Half-real. Cambridge, MA: MIT Press.
and the global imagination. Berkeley, CA: University of
California Press. Keogh, B. (2015). A play of bodies: A phenomenology
of video game experience. (Unpublished doctoral
Ballard, J. G. (1995). Crash. London, UK: Vintage. dissertation). RMIT University, Melbourne, Victoria,
Australia. Retrieved from http://researchbank.rmit.edu.
Bogost, I. (2007). Persuasive games: The expressive power au/eserv/rmit:161442/Keogh.pdf
of videogames. Cambridge, MA: MIT Press.
Kremer, W., & Hammond, C. (2013, July 5). “Hikikomori:
Galbraith, P. W. (2011). “Bishōjo games: ‘Techno-intimacy’ Why are so many Japanese men refusing to leave their
and the virtually human in Japan”. Game Studies, rooms?” BBC. Retrieved from http://www.bbc.com/
11(2), 16047982. Retrieved from http://gamestudies. news/magazine-23182523
org/1102/articles/galbraith
Lah, K. I. (2009, Dec 17). “Tokyo man marries video
Galloway, A. (2006). Gaming: Essays on algorithmic game character”. CNN. Retrieved from http://edition.
culture. Minneapolis, MN: University of Minnesota cnn.com/2009/WORLD/asiapcf/12/16/japan.virtual.
Press. wedding/

Grassmuck, V. (1990). “I’m alone, but not lonely: Japanese Lauteria, E. W. (2011). “Procedurally and fictively
otaku-kids colonise the realm of information and relevant”: Exploring the potential for queer content
media – a tale of sex and crime from a faraway place”. in video games. Retrieved from http://www.berfrois.
Retrieved from http://www.cjas.org/~leng/otaku-e.htm com/2011/12/queer-gaming-evan-lauteria/

Greenfeld, K. T. (1993, Jan). “The incredibly strange Springer, C. (1996). Electronic eros: Bodies and desire in
mutant creatures who rule the universe of alienated the postindustrial age. Austin, TX: University of Texas
Japanese zombie computer nerds (otaku to you)”. Wired. Press.
Retrieved from https://www.wired.com/1993/01/otaku/
Taylor, E. (2007). “Dating-simulation games: Leisure and
Haraway, D. (1991). “A cyborg manifesto: Science, gaming of Japanese youth culture”. Southeast Review
technology, and socialist-feminism in the late twentieth of Asian Studies, 29, 192-208. Retrieved from http://
century.” Simians, cyborgs, and women: The reinvention www.uky.edu/Centers/Asia/SECAAS/Seras/2007/12_
of nature (pp. 149-181). New York, NY: Routledge. Taylor_2007.pdf

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ABSTRACT
This paper attempts to
understand the different
ways Malaysian women
are affected by capitalism.
Malaysian society is built on
a l y s i s
An Anlaysian
the capitalism introduced
by the colonialists, eroding

of Ma n Under
the precolonial egalitarian
balance between genders in

Wompeitalism
the region. This “overthrow
of the mother right” as
Engels put it, led to the
modern-day exploitation of
Ca
Malaysian women, starting
with the social pressure
on women to maintain
the household, a form of
“domestic slavery”.
In Malaysia this can be
traced to religion being
used to reproduce capitalist
power relations into society,
one of it being the earning
man over the wife. Even
when Malaysian women
do work, often they find
themselves working for
the household as well, the
“second shift” a result of by Saw Ray Mond
unfair division of household
labour. Lastly, it is found that

C
among working Malaysian
women, there remains a apitalism, through a Marxist perspective, is a system comprised of
gender pay gap on top of exploitative power relations, and undoubtedly one group often at the
losing end of these power relations are women (Tong, 1998, p 96).
gender-based discrimination Women in Malaysia are not exempt from the oppression that occurs as
in the workplace. a result of capitalism. Before capitalism, women in what would become
Malaysia were not oppressed, but instead had a relatively higher status
(Hirshman, 2016). The precolonial Southeast Asian woman had important
and active roles in society, having to manage the productive economic

JAN–MAR 2018 53
 FEATURES AND ARTICLES

activities of the household such as question that remains however is labour in the household. A study
cultivating crops while also being why are Malaysian women opting found that at least among the older
the head of spiritual and religious to not enter the work force despite demographic, it is still the woman
activity for her people. Several being employable and qualified? who has the responsibility of taking
societies in Negeri Sembilan even One answer to that could be that care of the household, while the
adopted a matrilineal tradition. religion comes into play. The Ulama husband is responsible for wage
Patriarchy of course was present council of PAS, a major political earning (Wan-Ibrahim & Zainab,
prior to capitalism, but had party in Malaysia with an Islamic 2014). Another study found that
different dynamics dependent on ideology, has called for women among 125 pairs of female nurses
the dominant economic system of to remain as homemakers (Yap, and their working husbands, only
the time (Tong, 1998, p 123). As 2016). Meanwhile, Ikatan Muslimin a third of them have equal gender
capitalism took over as the global Malaysia (“ISMA”), an Islamic roles, with a third of the nurses
dominant economic system, came non-governmental organisation, having a high level of conflict trying
the “overthrow of the mother right”, has stated that a woman’s priority to balance the demands of work
the historical defeat of the female is at home and that working and and the family (Ahmad, 1999).
sex where men placed themselves socialising causes women to ignore
on top for his property to stay in ‘his’ their household (Lin, 2016). The issue of women having to work
family (Engels, 2001, p 118–121). for wage outside the household
Consequently, this paper would However, while religious intent and come home only to work for
attempt to look at the ways in which may be the direct propagator of the household again is commonly
Malaysian women are affected by the notion that a woman should known as the “second shift”.
capitalism, using a Marxist and not enter the workforce, it can be Prime Minister, Najib Razak, while
socialist feminist approach. argued that the root cause of this encouraging women to enter the
is capitalism. Marxist philosopher work force, also called for women
“The modern individual family is Louis Althusser’s (1970) essay to play the role of the primary
founded on the open or concealed “Ideology and Ideological State caregiver in the household, further
domestic slavery of the wife”, wrote Apparatuses” argues that religion encouraging the “second shift”
Engels (2001, p 137). From there, and religious institutions, as an phenomena (Syahirah, 2012). As
Engels stated that in order for “ideological state apparatus” such, there is significant pressure
women to be liberated and to no aims to reproduce the relations on women to be able to work
longer be economically dependent of production of the dominant outside of home and to do all the
on men, women would first need economic system — capitalism — housework, as failure to get the
to be reintroduced into the work into society. One of these relations housework done threatens their
force (Engels, 2001, p 137–138). of production is the superiority of participation in the work force
Those who stood to gain under an earning man over the housewife (Benston, 1969, p 10). Those who
capitalism definitely understood who depends economically on her own the means of production also
this with women having to fight husband (Engels, 2001, p 127). benefit, as while it is necessary for
for their right to work for their own the housework to be done, for it
wage, such as in France where As such, looking to the power to be done unpaid means that the
until 1965 women had to ask for relations that would occur if a bourgeois do not need to pay for
their husband’s permission to enter woman enters the workforce, it is their workers to be able to work
the work force (Guillaumin, 1995, no wonder that many Malaysian (Benston, 1969, p 12).
p 193). groups, often made of men who
stand to lose, ask and encourage Wages for housework however
In 2012, only 47.9% of Malaysian Malaysian women to stay at home would only keep women in
women of employable ages were in and take care of the household. her house while submitting
the work force as compared to 80% Sadly, it seems to be working, to capitalism’s propensity to
for Laos and 60% for Singapore as over two-thirds of Malaysians commodify everything, as well
(Jala, 2013). These statistics show surveyed have the view that a as going against the traditional
that less than half of employable woman’s main priority is to look Marxist notion that women must be
Malaysian women enter the work after her husband (Cohen, 2015). reintroduced into the work force as
force, demonstrating the long and the first step towards their liberation
hard effort it would require to take On top of that, another sign of the (Tong, 1998, p 108–112). Instead,
the first few steps in dismantling the burden Malaysian women have socialisation of household work is
oppressive systems of patriarchal to unfairly carry under capitalism vital in making society realise the
capitalism in Malaysia. The surrounds the issue of division of difficulty of domestic work such

54 JAN–MAR 2018
 FEATURES AND ARTICLES
GENDERWORKS An Analysis of Malaysian Women Under Capitalism

as raising children (Tong, 1998, have over everything in society domestic work, while participating
p 108). Benston (1969, p 11–12) such as factories, transport and in the work force would mean being
argues that even sending children communication, they are forced to paid less than her male counterpart
to day care centres represents a either work or have no income at despite doing the same work. If she
form of socialised domestic labour. all (Tong, 1998, pp 95–97). Adding does opt to enter the work force,
That represents a possible start to the problem is that women would she finds herself having to balance
for Malaysian women, as day thus find themselves unable to be both paid work outside and unpaid
care centres in Malaysia have a economically independent from work within the house.
relatively stable group of customers men, as despite their best efforts
in the form of the Malaysian middle in finding their own income, they From a Marxist and socialist
class (Chen, 2017). are paid less for the same amount feminist perspective, it is crucial
of work as their male counterpart that more women in Malaysia
Furthermore, the aforementioned while also needing to use some participate in the work force, as
47.9% of Malaysian women of of her salary to take care of her greater female participation into
employable age that is currently household. the labour force represents the
in the work force find themselves first step towards emancipation.
earning just over eight percent less All in all, it is hoped that this paper At the same time, socialisation
than men who do the same jobs has given some insight into how of domestic work needs to occur,
(Lee, 2015). The gender pay gap capitalism, as the dominant and even if it only represents a small
in any specific industry in Malaysia reigning economic system globally, change. The struggle against
also widens when there are more has affected the modern day capitalism and patriarchy is
men working in it than women Malaysian woman. The Malaysian interlinked and should demand
(Fernandez, 2009). Another study woman, under capitalism, find for interdependence between
also suggested that there exists a herself having no real initiative to men and women as liberation, as
high amount of discrimination that enter the work force, as she may without one or the other it would fail
favours men over women in the find herself under pressure to (Hartmann, 2010).
Malaysian work force (Schafgans, stay at home to take care of the
2000).

A study by Ismail and Jajri (2012)

highlighted how despite equal
qualifications, gender discrimination
means that Malaysian women
are preferred less by employers
and receive less pay. Lower pay
for women represents an issue
affecting workers that is part of
the exploitation fundamental to
capitalism — the ability of the
capitalist to pay only for a worker’s
labour power but get the worker’s
labour, creating surplus value
which generates profit for the
capitalist (Hands, 2015, p 88-93). About the Author
The lesser the amount a capitalist My name is Saw Ray Mond
needs to pay to a worker, the more and I am currently a third year
profit the capitalist would be able International Studies major in
to exploit off the worker. It is in this
Monash University Malaysia.
respect where women, already
considered second to men, have When not reading Engels for
to take even lower pay than what the fun of it, my other interests
is offered to her male counterpart. include contemporary world
politics, internet culture, video
There is not much of a choice either games and writing.
for the Malaysian women; because
of the monopoly the capitalists

JAN–MAR 2018 55
 FEATURES AND ARTICLES

Hirschman, C., (2016). Gender, the Status of Women,

and Family Structure in Malaysia. Malaysian Journal of
REFERENCES: Economic Studies, 53(1), 33–50. Retrieved from https://
faculty.washington.edu/charles/new%20PUBS/A127.pdf
Ismail, R. & Jajri, I., (2012). Gender Wage Differentials
Ahmad, A., (1999). Gender Role Orientation of Husbands and Discrimination in Malaysian Labour Market. World
and Work-Family Conflict of Wives in Dual-Earner Applied Sciences Journal, 19(5), 719–728. Retrieved
Families. Pertanika Journal of Social Sciences & from http://repository.um.edu.my/24364/1/Jurnal%20
Humanities, 7(1), 1–9. Retrieved from http://www. 2012-2.pdf
pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20
Vol.%207%20(1)%20Mar.%201999/01%20JSSH%20 Jala, I., (2013). Getting women back to work. Retrieved
Vol.07%20(1)%201999%20(Pg%201- 9.doc).pdf from https://www.pemandu.gov.my/transformation-
unplugged-getting-women-back-to-work/
Althusser, L., (1970). Ideology and Ideological State
Apparatuses. Retrieved from https://www.marxists.org/ Lee, P., (2015). Gender-wage bias still raging.
reference/archive/althusser/1970/ideology.htm Retrieved from http://www.thestar.com.my/news/
nation/2015/01/05/genderwage-bias-still-raging-men-
Benston, M., (1969). The Political Economy of earn-more-doing-the-same-job-on-many-fronts-report-
Women’s Liberation. Monthly Review, 21(4), 2–13. finds/
Retrieved from http://asp6new.alexanderstreet.com.
ezproxy.lib.monash.edu.au/sixt/sixt.object.details. Lin, M. M., (2016). Isma: Feminism making women forget
aspx?id=1002987892&view=dualview&objecturl=2FUR their place as homemakers. Retrieved from http://
www.themalaymailonline.com/malaysia/article/
Chen, B., (2017). Daycare centres for middle class can isma-feminism-making-women-forget-their-place-as-
survive rising costs. Retrieved from http://www. homemakers
freemalaysiatoday.com/category/nation/2017/01/04/
daycare-centres-for-middle-class-can-survive-rising- Schafgans, M. M. A., (2000). Gender wage differences in
costs/ Malaysia: parametric and semiparametric estimation.
Journal of Development Economics, 63(2), 351-
Cohen, C., (2015). More British women than men think a 378. Retrieved from http://ac.els-cdn.com.ezproxy.
wife’s role is to ‘look after her husband’. Retrieved from lib.monash.edu.au/S0304387800001140/1-s2.0-
http://www.telegraph.co.uk/women/life/more-british- S0304387800001140-main.pdf?_tid=d4eeddd2-4445-
women-than-men-think-a-wifes-role-is-to-look-after- 11e7-a30c 00000aab0f26&acdnat= 1496045417_7bb76
her-husband/ 5f5d71291ae45058125a20f6714
Engels, F., (2001). The Origin of the Family, Private Syahirah, N., (2012). Reinforcing the Second Shift:
Property and State. E. B. Leacock (Ed.). United States of Malaysian Women as Workers and Mothers. Retrieved
America: International Publishers. from http://www.patheos.com/blogs/mmw/2012/10/
Fernandez, J. L., (2009). Intra-occupational gender reinforcing-the-second-shift-malaysian-women-as-
earnings gap in Malaysia. Jurnal Kemanusiaan, 14, workers-and-mothers/
20–36. Retrieved from http://www.management. Tong, R. P., (1998). Feminist Thought (2nd ed.). United
utm.my/download/jurnal-kemanusiaan/bil-14-dis- States of America: Westview Press.
2009/202-intra-occupational-gender-earnings-gaps-in-
malaysia/file.html Wan-Ibrahim, W. A. & Zainab, I., (2014). Division of Labor
of Older Person’s Household in Rural Malaysia. World
Guillaumin, C., (1995). Racism, Sexism, Power and Applied Sciences Journal, 30(7), 911–914. Retrieved
Ideology. Retrieved from https://ebookcentral- from https://www.idosi.org/wasj/wasj30(7)14/20.pdf
proquest-com.ezproxy.lib.monash.edu.au/lib/monash/
detail.action?docID=166724 Yap, T. G., (2016). PAS roasted for ‘dated, archaic’ view
that women belong at home. Retrieved from http://
Hands, G., (2015). Marx: A complete indroduction. UK : www.themalaymailonline.com/malaysia/article/pas-
Hatchette. roasted-for-dated-archaic-view-that-women-belong-at-
Hartmann, H., (2010). The Unhappy Marriage of Marxism home
and Feminism. In C. R. Mccann & S. Kim (Eds.), Feminist
Theory Reader (2nd ed., pp. 169–183). New York, NY:
Routledge.

56 JAN–MAR 2018
 FEATURES AND ARTICLES

Commentaries on
Singapore’s Christian
and Cultural Attitudes:
Towards a Gay
Eschatology
ABSTRACT
Based on observations made in Singapore’s social,
Christian, political and legal contexts, this article
hopes to locate past processes that continually
contribute to strong homophobic norms and bring
them into the light of form. The article sketches
complementary relationships between ideas
derived from neo-Confucianism, which include the
haunting, pre-millennial “Asian Values” discourse,
and Singapore’s fast-growing fundamentalist
Christianity. While recognising the latter’s role in
sanctioning gender and sexual injustices, such as in
the form of homophobia directed toward gay-male-
identifying persons, the writer remains hopeful and
confident about Christianity’s affirmative and life- by Agnes Hanying Ong
giving potentials that are grounded in the inclusivity
of messianic hope. The Christian eschatology,
which privileges the fleshly character of whole
bodily resurrections, creates possibilities for faith
communities to mainstream narratives that validate,
celebrate and sacralise embodied gender and sexual The male is indeed God. A particular “maleness”
differences. is deified even beyond God the Father; such is
the homosocial, hyper-heteronormative and ultra-
heterosexual male. The hysterical male sports
And ye shall know the truth, and uncontrollable erections of schismatic steel towers
of Babel, a silver tongue made for spreading a holy
the truth shall make you free. patrimonial name’s “glad tidings”, and a pair of hands
joined in prayers for a kingdom come sans the sore-
John 8:32, King James Bible thumb middle-class. This “male” and his ilk are the
default template of legitimate humanity, the only Ones
worthy of occupying public spaces, breathing, reaping
If God is male, then the male harvest of the proletariat’s blood, sweat, tears and
is God. proving Weberian “blessings”.

Male homosexuals: whipping boys for

Mary Daly “throwaway”, “Asian Values”-loving patriarchy

JAN–MAR 2018 57
 FEATURES AND ARTICLES

1. Why do people hate gays? givens, before postmodernism’s Prescriptive masculinities reduce
Contemplate. messianic thought innovations gung-ho the “feminine” to an “other”
in particular, are the structurally that exists amidst male dynasties’
Since its political independence in sanctioned androcentrism and culture-pariah definitions.
1965, Singapore has succeeded notions of “diversity” as “otherness”. Decades-long ideological
economically. Human rights What is known as anthropocentric “terrorisation” of Singaporean
development, due to pragmatist is often androcentric. moral terrains, in Jesus’ name,
policies and shibboleths of staging cements these notions into the
satanic “respectability”, remains Often under radars of modern island’s heart, which needs taken
wanting. Juxtaposed against its witch hunts, G&S minorities away to make way for a new “heart
stellar capitalistic performance is signify human potentials to fulfil of flesh”. Calcified misconceptions
a stained glass ceiling that keeps the embodied “eschatological” sign warrant a continual “consciousness
humans spiritually half-starved of “full and authentic lives”, which revolution”, one that politicises
and deprived of dignified freedoms welcome the wolf and a lamb and spirituality and spiritualises politics
through compassion. Confucian profound intimacy with the divine of the body through revisiting
ethics and God-sanctioned in all beings, all forms of human gender’s “discursive boundaries”
maleficence of “malestream” existence. Singapore’s dominant that long colonise knowledge-
values complement one another view of social-sexual mores, building atmospheres. On a
in eternalising, to a degree perhaps formed in judgment- lighter note, postmodern “jihad”
through bottom-up pathways, the laden enculturation, is steeped in a against ancient fiefdoms of unified
“normativisation” of homophobia. heteronormative ideal that dictates constructs, the latter essentialised
hegemonic G&S expressions. as grand truths, creates a rich
The result is a feedback-loop In this city state, persons who environment of theoretical
culture of “fear” that the State deviate from these expressions evolutions that simultaneously
approves. Post scriptum, behold, are open to negative discrimination seek better meaning and purity of
the power of capitalism — in May by both society’s members and knowledge.
2017, the annual “Pink Dot” rally structures of human association.
gets 100-plus local sponsors Paradoxically, said persons are 2. How to make hate, according
and nails fundraising goal, after often barred from participation in to “Asian Values”.
the Home Affairs Minister issues certain hegemonic expressions,
a warning against international such as displaying the historical Pre-millennium, Singapore adopts
sponsorships the previous year. mating ritual of matrimony. “Asian Values (“Values”)”. Cherry-
Pondering the benefits gender picked from Confucian tree of the
and sexual (“G&S”) minorities At least two leviathans of deeply knowledge of good and evil and
bring to the national economy, underlying notions keep afloat, sublimated into a canonised form of
the Government is consistently through storms of guerrilla free “good”, this tribalist set of symbols
capricious, actually ambivalent speech and sunbaths at “Hong constitutes an implied Singaporean
about homosexuals, which would Lim Park”, shameless prejudices reality’s political narratives. To
have been “unimaginable” as late towards non-hegemonic G&S devise a pan-Asian identity, the
as early millennium. expressions. The essentialist discourse tunes normativity to
myth of male homosexuals Platonic “universalism” litanies.
Singapore’s “Christians” being “effeminate”, and the Citizenry feels safe, under this
confidently gay-hate more than idea of “uncleanliness” intrinsic sacred canopy of approaches
other religious groups. That said, to homosexual lifestyles pose to doing, or, razing, life’s rich
rather than seeing haters as the reputational, fatal risks to spectrum of subtleties. Easier than
systemic scapegoats that mass these persons. I see one, the grounding citizens in casuistical
political pawns are, it is tempting, connotations-imbued “effeminacy”, virtues, “Values” takes to shielding
as quick counter-ad hominem, to as a contemporary symptom of laypersons from all that the
implicate “conservative Christians” the deeply metastasised neo- benevolent government worries
per se in such an evil banality. Confucian disease about creative may damn Singapore, with the
Complex gender patterns, upon non-violence, as it codes the savoir faire and wisdom that non-
which institutions are established, “feminine” as a dark, subaltern, governing persons theoretically
historically justify inequities. diminished whirl of passivities, lack. Concurrently, its proponents
Inequities become culturo-religious and the other stemming from across Asia Pacific cross into the
givens that persons faithfully many Christian sects’ exclusionary wardrobe, in search of a vaccine
reconstruct. Examples of such stances on salvific potentials. for saccharine despotisms’ health,

58 JAN–MAR 2018
 FEATURES AND ARTICLES
GENDERWORKS Commentaries on Singapore’s Christian and Cultural Attitudes: Towards a Gay Eschatology

the right dose of “Values” “made

and located as much in orientalist
imaginings in ‘the West’ as . . . in
occidentalist imaginings in ‘the far
east”’.

“Values” euphemises restriction on

freedoms, which the Government
demands sacrificed for the
nebulous phantom of “good”, ie
to participate in world economy.

Photo by Peter Hershey on Unsplash

Homosexuality is thus a national
threat, reified autonomous
thought and globalisation’s bad
side dish. It has been theorised
that homosexuality emanates
from the West, the monolithic
reich of Corinthian vices where
“materialism, sensual gratification,
and selfishness,” “diminished
respect for marriage, family values,”
“single-parent families,…incest,…
[and] homosexuality” prowl The “family” — a key “Asian — captures patriarchy’s fear, hate
with feline-royal flamboyances. value” — is one of five national and control of “homosexual male
Singapore’s Faith Community values 80s-Singapore codifies. power”:
Baptist Church curls in like disdain Institutions echo “Values”, often
against the repeal of S337A. treading fancy “love” ideologies Any male person
so orgiastically that the word “love” who, in public or
Straw man, doomsday prophecies is so polysemous that it struggles
yield the right-of-way to oncoming to serve coherent meanings.
private, commits, or
truth. G&S pluralism existed before Ruling-class ideologies include abets the commission
the arrivial of colonial aliens’; the romantic “love” essential to unlikely of, or procures or
latter going hand in hand with complementary “womanhood” and
Eurocentric culturo-religious “manhood”, which creating a family,
attempts to procure the
epidemic. Foucault said, transitions most importantly one with holy commission by any
from feudalism to capitalism children, may help flourish. Through male person of, any act
warrant a new concept of the body heteronormative lens, a “hetero-
as a disciplined entity, a machine homo divide” results, fetishising the
of gross indecency with
— useful, productive, correct and “Cartesian-mechanistic” “hetero”- another male person,
uniform. The male homosexual’s based familial institution among all shall be punished with
existence, as a sexually legitimate forms of the “other”.
person, puts patriarchy’s stoic
imprisonment for a term
pageantry of fictional “maleness” For not conforming to “hegemonic which may extend to
to real tests of the elements. If masculinities” commandments, 2 years.
legitimised, male homosexuals homosexual males remain at
as a community, disrupts the masculinities hierarchy’s low rungs. A reflection of Victorian segregative
male anatomy’s heteronormative An endless cycle of asymmetrical norms, S377A, plagiarised from
functions that are? key to generating power relations continues as the “Indian Penal Code” through
patriarchal romanticisations of patriarchies privilege idealised The Straits Settlement Law of
“the Singaporean family”. Male manhood forms, themselves 1871, is then absorbed into the
homosexual bodies, female keeping such structures relevant Singapore Penal Code in 1938.
bodies and “feminine” bodies are through repeated narcissistic Singaporean laws do not specify
subsequently pathologised and constructions vis-à-vis subjugated the legal implication of “female”
“thrown away” to muted margins masculinities and femininities. homosexual relations. Likewise,
while society moves on with “good” This past-a-century-old British Singapore appears less worried
semblance. colonial era legislation — S377A about female homosexuality than

JAN–MAR 2018 59
 FEATURES AND ARTICLES

of male homosexuality. This may be believes technology catalyses become more ghettoised, sensitive
attributed to Confucian discourse, “convergence” of all persons in one to threats by other institutionalised
which defines female virtue with global village of serenity. Traditional loyalties. For a final dose of
regard to a female’s relations with institutions, though couched in idealism, perhaps, it bodes well
other males, not females; “female- grand narratives “wishfully shaping for our anthropocene world to seek
female desire by itself is not taboo, history to a happy ending”, wield the hidden divinity in embodied
marriage resistance [to a male of ideational powers to create “a new sacraments of liminalities, to
appropriate social standing] is”. religious paradigm” that celebrates abstain from narratives of us — the
Women’s bodies and their sexuality “the dignity of difference”. heavenward vs. them — hellward-
are “inconsequential when they do bound heretics, and to see divinity’s
not involve men”. Genesis 1, Egyptian pharaohs happy ends in the here and now.
and Mesopotamian kings show The “real miracle of creation” is
Happy Ends: “Go forth! Be persons to be God’s image, not a classic form, but diversity;
free to be pretty little boys!” which transcends culturo-religious it is “unity in heaven” that creates
frameworks yet “through a glass “diversity on earth”. Perhaps, by
Mirroring de Chardin’s visions darkly”, remain realistically humbled a transformative presence that
that Cardinal Feltin sums up as of in capacities to sense God’s great celebrates human gender and
“the universe” where “matter and embeddedness in redemptory sexual diversity, Christianity still
spirit, body and soul…science hopes past shared “groaning”. has a future in channelling tangible
and faith” unite in a cosmic Institutional intra-McDonaldisations hope to a divided, darkening world.
marriage named ‘Christ’, McLuhan are counter-peacebuilding; they

Chong, T. (2014). Christian Evangelicals and Public

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http://www.sgpolitics.net/?p=6621 [Accessed 27 May “Do Unto Others”: Effects of Priming the Golden Rule on
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Worldviews and the Transformation of American Culture
Peletz, M. (2007). Gender, Sexuality, and Body Politics in after World War II. New York: Oxford University Press.
Modern Asia. Ann Arbor: Association for Asian Studies.
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Robbins, J. (2004). The Globalization of Pentecostal and Neo-Colonialism and Essentialism: Incorporating
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pp. 117–143. Service Delivery with Lesbian, Gay, Bisexual, Trans, and
Queer Immigrant Young People. Critical Social Work,
15(1), pp. 88–103.

JAN–MAR 2018 61
 Interrogating the
United Kingdom’s
Implementation
Gap in the
Provision of
Asylum on the
Basis of Sexual
About the Author
Orientation
Kan Wai Min recently graduated from
Monash University Malaysia with a
Bachelor of Arts in Global Studies,
with a minor in Gender Studies. He by Kan Wai Min, Monash University Malaysia
is currently doing his Master’s in
Development Studies at the Institute
of Social Studies in the Hague, with a
specialisation in Human Rights.

T
ABSTRACT here are thousands of lesbian,
Every year, European Union Member States receive thousands gay, bisexual, transgender,
and intersex (“LGBTI”) people
of asylum applications from lesbian, gay, bisexual, transgender, who apply for asylum in European
and intersex individuals. The United Kingdom is one of them, Union (EU) Member States every
recognising asylum claims on the basis of sexual identity year (Jansen & Spijkerboer 2011, p
13). Sexual orientation and gender
since 1999. This paper identifies and discusses the areas identity were not recognised to be
of implementation gap in the provision of asylum on the relevant grounds for persecution
basis of sexual orientation, which include the gap between for a long time, but this significant
obstacle is being increasingly
de jure and de facto implementation of the UN Refugee removed (Jansen 2013, p 1). It
Convention, as well as the implementation gap between was only in 1999 that the United
asylum applications on the grounds of sexual orientation and Kingdom (UK) began to recognise
asylum claims on the basis of
those that are not. The factors contributing to these areas are sexual identity (Chelvan 2016).
explored in this paper, such as the notorious “discretion test”, Millbank (2005 cited in Schutzer
substandard Country of Origin Information, and credibility 2012, p 670) contends that the UK’s
approach to lesbian and gay men
assessment difficulties. Ultimately, by discussing the areas seeking asylum is notably more
of implementation areas and the contributing factors, this hostile than other Western nations
paper aims to identify the problems in order to be addressed, that receive refugees. Furthermore,
Schutzer (2012, p 670) asserts that
so that all refugees and asylum seekers can be protected. while the UK is infamously difficult

62 JAN–MAR 2018
 FEATURES AND ARTICLES
GENDERWORKS
Interrogating the United Kingdom’s Implementation Gap in the Provision of Asylum on the Basis of Sexual Orientation
gap. In 2009, UK Lesbian & Gay 2016, p 129). Such a “discretion”
Immigration Group (“UKLGIG”) test threatens the “inherent dignity”
found that 98 to 99 percent of the of the LGB asylum applicants
claims made by lesbians and gay and it is therefore contrary to the
men in the UK, as brought to their refugee regime which core purpose
attention, were rejected during is to “help people preserve and
the initial decision-making stage recover their dignity” (Bartram
(UKLGIG 2010, p 4). As noted by 2015, p 215). The application of
Schutzer (2012, p 671), the UK is the “discretion test” ended in 2010
notorious for its high refusal rate in with the landmark ruling in the
the initial decision-making process. case of HJ (Iran) & Ht (Cameroon)
However, the UKLGIG (2010, p v SSHD [2010] UKSC 31, in which
4) report contends that the poor the “discretion test” was ruled
quality of initial decision-making to be inconsistent with the UN
process linked with high refusal Refugee Convention and that such
rate is even worse in asylum claims a test denied LGBT people their
that are based on sexual identity. fundamental rights (Vine 2014, p
9).
The UN Refugee Convention
has five grounds for refugee However, Chelvan (2016) argues
recognition: race, religion, that the latest UK Home Office
nationality, “membership of a Asylum Policy Instruction (“API”)
Photo by Stefano Pollio on Unsplash
particular social group” or political in relation to asylum claims based
opinion (Weßels 2011, p 4). LGB on sexual orientation published in
individuals are primarily reliant 2016 continues the application of
upon the ‘membership of a the “voluntary discretion test” for
particular social group’ category as gay asylum seekers. More recently,
it is generally accepted to include the UK Home Office reinforced this
sexual orientation (Schutzer 2012, position specifically with Afghan gay
p 676). In order to qualify as a asylum seekers, as seen in their
refugee, LGB asylum seekers Country Policy and Information
must also show that they have a Note on Afghanistan (Home Office
for refugees to obtain international well-founded fear of persecution 2017). This suggests that there is
protection, it is particularly difficult if they are to be returned to their indeed a gap between the de jure
for individuals who are lesbian, country of origin (UKLGIG 2010, and de facto implementation of the
gay or bisexual (“LGB”). Therefore, p 4). Prior to a landmark ruling in UN Refugee Convention.
this essay, using the case study of 2010, “discretion” was frequently
the UK, aims to investigate why is used to deny asylum claims on the There are a number of factors
there an implementation gap in the grounds that a person can return that cause and perpetuate this
provision of asylum on the basis of to their country of origin, hide their implementation gap. Firstly,
sexual orientation. sexual identity and they would Weßels (2011, p 23) argues
supposedly not be subject to any that any such “discretion test”
In this essay, the implementation persecution (UKLGIG 2013, p 11). incorrectly and negatively reduces
gap in the provision of asylum on gay identity expressions to merely
the basis of sexual orientation refers In their study, UKLGIG (2010, p 4) sexual acts between people of the
to the gap between the de jure and found that 56 percent of the asylum same sex, which subsequently
de facto implementation of the UN claims based on sexual orientation ignores the significant parts that
Refugee Convention on asylum were refused due to the fact that constitute one’s gay identity.
claims based on sexual orientation, claimants could return to their Additionally, Millbank (2009,
as well as the gap between how country of origin, be “discreet” and p 393) argues that this “discretion
the UN Refugee Convention is avoid persecution. It is imperative test” is a reflection of the broader
applied differently for asylum to note that this “discretion test” was social norms in the UK concerning
claims that are based on sexual applied only to LGB refugees — no the “proper place” of lesbian and
orientation and those that are not. other asylum seekers within the UN gay sexual identity, which is limited
There are a number of areas that Refugee Convention were subject to the bedroom — hence, the sexual
constitute such an implementation to such an application (Briddock identity of LGB asylum seekers is

JAN–MAR 2018 63
 FEATURES AND ARTICLES

not only sexualised, but it is also criminalisation of sexual orientation demands, including submitting
confined in the private sphere. As and its penalties. Schutzer (2012, documentation of personal sexual
a consequence of such beliefs and p 698) further argues that these activity. Additionally, according to an
norms, the UK decision-makers reports are not only incomplete investigation by the Chief Inspector
have time and again, held that and not updated, but they can be of Borders and Immigration, Vine
asylum seekers have a duty to hide at odds with anecdotal evidence. (2014, p 43) found that more
their sexuality in order to protect Apart from that, COI is also than a tenth of interviews with
themselves (Millbank 2005, p 116). predominantly concerned with lesbian and gay asylum seekers
Fundamentally, Weßels (2011, gay men, with little information on contained questions that were
p 22) argues that the continuous lesbian and virtually non-existent “unsatisfactory”. While intrusive
use of “discretion” in the decision- information on bisexuals (Jansen questions are common features
making process is indicative of the 2013, p 19). LaViolette (2009 cited of UK Home Office interviews,
UK decision-makers’ heterosexist in Bennett 2014, p 145) argued that immigration barrister Colin Yeo
bias. COI frequently lack information on found that such intrusive questions
hate crimes and discrimination are more pronounced in cases
Essentially, Millbank (2009, p 394) faced by LGBTI people. that involve sexual orientation
argues that the UK’s reasoning Subsequently, in absence of such (Briddock 2016, p 154).
with “discretion” constituted crucial information, decision-
long-standing shortcomings in makers often wrongly assume “a In conclusion, it is undeniable that in
their examination of criminal lack of threat” (Gray 2010; Bach the UK, there is an implementation
law to assess the likelihood of 2013 cited in Bennett 2014, p 145). gap in the provision of asylum on
persecution. Briefly, this meant In spite of the inadequate COI, the basis of sexual orientation. This
that UK decision-makers regularly decision-makers have effectively essay identified and discussed
disregarded criminal prohibitions in a number of cases, privileged the a number of factors that cause
on same-sex sexual activities as silence on human rights violations and maintain this implementation
“theoretical” and “not persecutory” faced by LGBTI people over the gap, such as the “discretion test”
when there is inadequate and claimant’s evidence of abuse employed by decision-makers to
incomplete evidence to show Millbank (2005, p 120). Evidently, assess LGB asylum claims which
that these laws were regularly the quality of COI is a contributing is inconsistent with international
implemented (Millbank 2009, factor to the implementation gap. law and not applied to the asylum
p 394). The lack or absence of claims on other grounds. Other
information of “active persecution” Lastly, in order for an asylum claim factors that were also discussed
however, cannot be understood on the basis of sexual orientation included the reduction sexual
to mean that there the threat of to be successfully approved by identity to sexual acts, the
persecution does not exist (Jansen the UK, it has also become vital poor quality of COI, the lack of
2013, p 8). This implementation gap to prove one’s sexual identity to understanding of decision-makers
is then maintained due to how the be qualified under the refugee on the nature of persecution, UK
UK decision-makers are seemingly regime category of “membership decision-makers’ heterosexist
unaware of the inseparable link of a particular social group”. bias, and credibility assessment
between a LGB asylum claimant’s Unlike asylum claims on other challenges. Essentially, this essay
“discretion” and state repression grounds, LGB asylum seekers has confirmed UK’s implementation
(Millbank 2005, p 120). lack the independent verification gap and discussed a number of
of membership and subsequently, contributing factors, which should
Another undeniably crucial aspect claim is dependent upon one’s be addressed. It is hoped that in
in the process of refugee status presentation of self-identity (Berg the near future, this implementation
determination is the use of Country & Millbank 2007, p 196). UKLGIG gap will be resolved in order to
of Origin Information (“COI”) which (2010, p 8) found that a significant ensure that all refugees and asylum
allows decision makers to assess number of asylum claims were seekers are protected.
and ascertain the purported fear of denied because the claimant’s gay
persecution of LGBTI individuals or lesbian identity was not believed.
in the country of origin (Jansen The Home Affairs Committee
2013, p 19). Jansen (2013, p 19) (2013, p 23) reported that due
argues that the information on to this, claimants have gone to
human rights of LGBTIs in the extreme lengths in order to “prove”
COI is incomplete and oftentimes, their sexual identity and meet
merely state whether there is the high credibility assessment

64 JAN–MAR 2018
 FEATURES AND ARTICLES
GENDERWORKS
Interrogating the United Kingdom’s Implementation Gap in the Provision of Asylum on the Basis of Sexual Orientation

homophobia: Sexual orientation,gender identity and

asylum, e-book, Routledge, New York, viewed 16 May
REFERENCES: 2017, pp. 1–31, https://ebookcentral-proquest-com /lib/
monash/reader.action?docID=1209550&ppg=20

Millbank, J 2005. ‘A Preoccupation With Perversion:

Bartram, D 2015. ‘Forced Migration and “Rejected The British Response to Refugee Claims on the
Alternatives”: A Conceptual Refinement’, Journal Basis of Sexual Orientation, 1989-2003’, Social &
of Immigrant & Refugee Studies, vol. 13, no. 4, pp. 439– Legal Studies, vol. 14, no. 1, pp. 115–138, viewed
456, viewed 17 May 2017, http://www.tandfonline.com/ 17 May 2017, http://journals.sagepub.com/doi/
doi/full/10.1080/15562948.2015.1030489 abs/10.1177/0964663905049528

Berg, L & Millbank, J 2007. ‘Constructing the Personal Millbank, J 2009. ‘From discretion to disbelief: recent
Narratives of Lesbian, Gay and Bisexual Asylum trends in refugee determinations on the basis
Claimants’, Journal of Refugee Studies, vol. 22, no. 2, of sexual orientation in Australia and the United
viewed 17 May 2017, https://academic-oup-com/jrs/ Kingdom’, The International Journal of Human
article-lookup/doi/10.1093/jrs/fep010 Rights, vol. 13, no. 2–3, pp. 391–414, viewed 16
May 2017, http://www.tandfonline.com/doi/
Briddock, A 2016. ‘The Recognition of Refugees Based on pdf/10.1080/13642980902758218?needAccess=true
Sexual Orientation and Gender Identity in the UK: An
Overview of Law and Procedure’, Birkbeck Law Review, Schutzer, M 2012. ‘Bringing The Asylum Process Out Of
vol. 4, no. 1, pp. 123-157, viewed 17 May 2017, http:// The Closet: Promoting The Acknowledgment of LGBT
www.bbklr.org/4-1-6.html Refugees’, Georgetown Journal of Gender and the Law,
vol. 13, no. 3, viewed 17 May 2017, http://heinonline.
Chelvan, S 2016,. ‘New Home Office API on Gay Asylum org/HOL/Page?public=false&handle=hein.journals/
Claims: Not Fit for Purpose’, Free Movement, viewed grggenl13&page=669&collection=journals#
16 May 2017, https://www.freemovement.org.uk/
new-home-office-api-on-gay-asylum-claims-not-fit-for- UK Lesbian & Gay Immigration Group (UKLGIG) 2010.
purpose/ Failing the Grade: Home Office initial decisions on
lesbian and gay claims for asylum, viewed 17 May 2017,
Gray, A & McDowall, A 2013. ‘LGBT refugee protection http://uklgig.org.uk/wp-content/uploads/2014/04/
in the UK: from discretion to belief?’ Forced Migration Failing-the-Grade.pdf
Review, no. 42, pp. 22–25, viewed 16 May 2017, http://
www.fmreview.org/sogi/gray-mcdowall.html#_edn6 UK Lesbian & Gay Immigration Group (UKLGIG) 2013.
Missing the Mark: Decision making on Lesbian Gay
Home Office 2017. Country Policy and Information Note, (Bisexual, Trans and Intersex) Asylum Claims, viewed
Afghanistan: Sexual orientation and gender identity, 15 May 2017, http://uklgig.org.uk/wp-content/
viewed 15 May 2017, https://www.gov.uk/government/ uploads/2014/02/Missing-the-Mark.pdf
uploads/system/uploads/attachment_data/file/584025/
Afghanistan_-_SOGI_-_CPIN_-__ Jan_2017_.pdf Vine, J 2014. An Investigation into the Home Office’s
Handling of Asylum Claims Made on the Grounds of
Jansen, S & Spijkerboer, T 2011. Fleeing Homophobia: Sexual Orientation: Mar-June 2014, report, Independent
Asylum Claims Related to Sexual Orientation and Chief Inspector of Borders and Immigration, London.
Gender Identity in europe, viewed 17 May 2017, http://
www.asylumlawdatabase.eu/en/content/en-fleeing- Weßels, J 2011. ‘Sexual orientation in Refugee Status
homophobia-asylum-claims-related-sexual-orientation- Determination’, Working Paper Series, no. 73,
and-gender-identity-europe pp. 1–51, viewed 16 May 2017, https://www.rsc.ox.ac.
uk/files/publications/working-paper-series/wp74-
Jansen, S 2013. ‘Introduction: Fleeing homophobia, sexual-orientation-refugee-status-determination-2011.
asylum claims related to sexual orientation and gender pdf
identity in Europe’, in T Spijkerboer (ed.), Fleeing

JAN–MAR 2018 65
 FEATURES AND ARTICLES

Rising Trend
of Kkotminam
Masculinities in
South Korean
Contemporary
Culture

ABSTRACT
The emphasis Korean culture has placed on
appearance, the celebration of metrosexuality
in popular culture, the accessibility to beauty
products catered for men and the changing
About the Author tastes of women, have all aided in the creation
Krisha Vishinpir is a recent of the “flower boy” phenomenon. This paper
graduate from the School
of Arts and Social Sciences makes use of Peirson-Smith’s dramatistic pentad
at Monash University. to prove that the rationale of the Kkotminam
She completed a double culture is multifaceted and through analysis of
major in Gender Studies
and International Studies the act, scene, agent, agency and purpose, the
and hopes to pursue her intersectionality of these elements is made clear.
postgraduate studies in the This concept, when applied to the Kkotminam
near future.
community, allows for a deeper understanding of
the functionality of their interpretation of what
masculinity is and how this identity is crafted.
This paper aims to show the ways in which
the Kkotminam break normative expectations
of masculinity and offers a gendered insight
into male beauty that are neither defined nor
influenced by gender identity or sexual orientation.

66 JAN–MAR 2018
 FEATURES AND ARTICLES
GENDERWORKS Rising Trend of Kkotminam Masculinities in South Korean Contemporary Culture

Introduction Korea is responsible for 21 per routines and fashions are

cent of global sales with regard independent of these traits and
South Korea has long been famed to skin care products for men hence, traits such as being polite
for the numerous subcultures (Greenwood, 2013). The country and innocent are constantly
that have stemmed from its also boasts the highest percapita performed even when there is
contemporary popular culture. The rate of plastic surgery in the world no “mask”. Therefore, it can
kkotminam are no exception to (The Economist Online, 2012). be deduced that authenticity
this. The term, directly translated, This essay will attempt to use plays an important role to the
means “flower handsome man” but Peirson-Smith’s dramatistic pentad kkotminam who are “not only
they are commonly also referred as a feminist lens to understand visually transformed by the
to as flower boys (Yamakawa, and analyse the growing trend of costume, but often become the
2014). Kkotminam evolved from kkotminam masculinities and how imagined persona” (Peirson-
Yaoi manga and emerged in they use it to navigate the social Smith, 2010). This is especially
Korea in the late 1990s when the paradigms present in Korea. evident through their eventual
Korean government lifted its ban use of more permanent forms of
on the import of Japanese culture. The Dramatistic Pentad beauty enhancement methods.
These men are typically depicted The kkotminam are known to
in Yaoi manga as being “delicate, a. The Act get double eyelid surgery, nose
slightly feminine-looking boys” surgery and hair transplant
and are often portrayed as “large- As mentioned briefly above, surgery (Fifield, 2015). All of
eyed, fair-skinned and impeccably the kkotminam have been these elements together aid
stylish” (Tara, 2015). Yaoi manga known to make improvements in sculpting the identity of the
is a genre that places emphasis on to their appearance either kkotminam and his ability to
romantic and sexual relationships through temporary alterations, perform this identity in the most
between male characters but such as makeup and fashion, convincing way possible.
catered toward female readership. or permanent ones achievable
While traditional understandings through cosmetic surgery. These b. The Scene
of kkotminam, as derived from alterations can be interpreted
Yaoi manga, encompass themes as being “characters” the The popularity of kkotminam
of homoeroticism, the trend today kkotminam transform into on a surged not only through the
transcends that and instead daily basis or a “mask” they put influx of yaoi manga, but also
focuses on male beauty in ways on. According to Peirson-Smith through the mainstreaming
that are not limited nor influenced (2010), there is a distinguishable of this new interpretation of
by the boundaries of gender difference between the way heterosexual masculinity.
identities and sexual orientation. these individuals behaved and Kkotminam has become
felt when they undergo their daily prevalent in contemporary
Contemporary and real-life transformations into kkotminam popular culture in Korea through
interpretations of kkotminam in and indicates that there is Korean drama (K-dramas) and
Korea have redefined Korean male an element of empowerment Korean pop music (Kpop). One
beauty standards by embracing that is associated with this of the most iconic K-dramas
“soft masculinity”. Until the transformation (Peirson-Smith, that celebrate flower boys is
1990s, Korean male beauty was 2010) As noted by several the aptly titled television series
personified by the masochistic media articles that explore Boys Over Flowers (2009).
man, however that is far from growing male beauty trends in The four leading men are all
being the case today. Instead, Korea, confidence is a primary kkotminam and adopt four
young Korean men try to portray outcome of these efforts with main personalities in the series
themselves as being associated men admitting that they would — the charming, the arrogant,
with typically female traits such as “never meet a woman without the casanova and the quiet
soft speech, innocence and being wearing makeup” (Hatch, 2017). one. However the character that
polite (Yamakawa, 2014). They However, keeping in mind eventually wins over the love
have also begun to use make- that kkotminam masculinity interest is the quiet kkotminam.
up, beauty products and undergo goes beyond appearances This goes against the grain of
cosmetic surgery to improve the and incorporates traits that normative expectations which
way they look, emphasising the have been typically labelled would assume that the love
shift in focus to their outward as feminine, it is important interest would fall for her “prince
appearance. As a result, South to establish that the makeup charming” but the fact that the

JAN–MAR 2018 67
 FEATURES AND ARTICLES

introverted character is chosen pamper themselves with spa looks as opposed to more
indicates to the audience that treatments and afford the most flamboyant expressions of it so
women do find the quiet man fashionable designer labels (Ji- as to avoid being asked if they
attractive. Such representations sook, 2010). In addition, the were trying to be women but
would influence the way competitive nature of the Korean for those who throw subtlety to
kkotminam decide to mould economy meant that while the wind, they seem to express
themselves to appeal to women the men were able to express themselves that way only within
however it is worth pointing themselves freely and within the confines of safe spaces like
out that showing kkotminam the safety of the mainstreamed nightclubs (Newell-Hanson,
masculinities with different kkotminam identity, their biggest 2016). This shows that while
personalities is paramount in competition was still amongst the kkotminam may appear
providing the followers of this themselves and revolved as a single unit, its expression
culture a sense of freedom around who looked the best. varies in accordance with
and agency in sculpting their Furthermore, there is evidence interpretation and the agent’s
identities. In addition, there that suggests that the “costumed prerogative over what he may
are different extents to which self also appeared to be both deem as acceptable expression
the kkotminam express this challenged and legitimised by and it appears that that is still
version of masculinity and they other social players” (Peirson- strongly influenced by normative
are highly dependent on the Smith, 2010). Most kkotminam standards of masculinity.
private / public self. There are men prefer natural makeup
flower boys who choose tinted
moisturisers, foundations and
concealers to achieve a natural
everyday look when they are
at work and are willing to use
eyeliner and eyeshadows to
construct a mysterious “smokey
eye” that they say attract
women in nightclubs (Ji-sook,
2010). The diversity present
amongst the kkotminam is a
clear indication that these men
are empowered to exercise
“individual choice, common
ground, and a real sense of the
collective self” (Peirson-Smith,
2010).

c. The Agent

The men who make up this

kkotminam culture are not
homogenous in that they vary
across ages from students
to working adults. They are
however primarily “single young
men with a high disposable
income, living or working in the
city” (Simpson, 1994). While
these men are apart of a wider
collectivism, there appears to be
ways in which “discrimination
on the basis of socioeconomic
status” exists. Kkotminam who
are more affluent are able to
access better beauty products,
Photo by Redd Angelo on Unsplash

68 JAN–MAR 2018
 FEATURES AND ARTICLES
GENDERWORKS Rising Trend of Kkotminam Masculinities in South Korean Contemporary Culture

d. The Agency e. The Purpose than the point of completion” (as

cited in Elfving-Hwang, 2011).
There are many processes in Apart from the kkotminam
place that support kkotminam culture originating from popular Conclusion
masculinities but the main culture and its obsession with
factors revolve around yaoi manga, the driving force In summary, the popularity of
consumerist culture and behind it can also be attributed the kkotminam has thrived in
acceptance of metrosexuality. to the emphasis Koreans place contemporary Korean culture for a
As the kkotminam trend gained on appearance. With employers multitude of reasons. The emphasis
popularity, the Korean beauty utilising physiognomy to decide Korean culture has placed on
industry realised that there was if a candidate is suitable for appearance, the celebration of
a growing demand for beauty a particular position beyond metrosexuality in popular culture,
products catered for men. The academics and experience, it is the accessibility to beauty products
industry even began to create no wonder there is an obsession catered for men and the changing
“extreme power military masks” with appearances (Noor, 2016). tastes of women have all aided
meant for men who are serving in the creation of the “flower boy“
in the army and were exposed There is evidence to suggest phenomenon. Using Peirson-
to conditions that were not a “fundamental shift in the Smith’s dramatistic pentad, it is
healthy for their skin. In addition, symbolic order that informs evident that the rationale of the
they even started supplying a Korean cultural representations kkotminam culture is multifaceted
palette of brown and green of gender” (Elfving-Hwang, and through analysis of the act,
makeup to replace the army- 2011). scene, agent, agency and purpose,
issued camouflage which the intersectionality of these
they claimed was made out of Since Korean women as of elements is made clear. At the end
“terrible ingredients” (Newell- late are attracted to softer of the day, the primary takeaway
Hanson, 2010). masculinities, men have little with regard to the kkotminam
choice but to conform to this revolve around the ability they
The creation of these products image in order to appear have to contradict the gender
further empowered kkotminam attractive. According to James binary through the normalisation
men to use them, and these Turnbull (2009), it is often of feminine masculinities and the
tools aid in normalising an oversight but it has been use of their newfound freedom to
metrosexuality. They help documented that it is “actually celebrate “individuality, irrespective
to reassure men that their women’s changing tastes that of gender boundaries” (Peirson-
“‘unmanly’ passions are in drive changes in their [men’s] Smith, 2010).
fact manly” (Simpson, 1998). fashions and their grooming
The mainstreaming of the habits” (as cited in Yamakawa,
metrosexual identity suggests 2014).
that society is willing to accept
a variation of heteronormative It is worth noting that the factors
masculinity that allowes for that motivate the kkotminam
heterosexual men to wear are more than just external,
make up or carry man purses for but are also internal. With the
example. This challenges the acceptance and celebration of
status quo and gave men the a “feminine” masculinity, men
freedom to define masculinity have been able to rediscover
in broader terms, making it and reinvent themselves
more “inclusive of divergent without any stigma. Especially
expressions of male identity” in a consumer society such as
(Anderson, 2008). These Korea, which is marked by what
factors enable the kkotminam Meredith Jones (2008) refers
and allow them to invent their to as a “makeover culture”,
appearances without the stigma whereby the state of becoming
normally associated with men is desired more than the state
who embody traditionally of being, which “valorises the
feminine traits. process of development rather

JAN–MAR 2018 69
 FEATURES AND ARTICLES

Jung, S. (2010). Bae YongJoon Soft Masculinity and

REFERENCES: Japanese Fans in Korean Masculinities and Transcultural
Consumption: Yonsama, Rain, Oldboy, K-pop Idols: Hong
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Anderson, K. N. (2008). From Metrosexual to Retrosexual: Simpson, M. (1994, Novermber 15). Here Come
The Importance of Shifting Male Gender Roles to the Mirror Men: Why The Future is Metrosexual.
Feminism in Thinking Gender Papers: UC Press marksimpson.com Retrieved from http://www.
marksimpson.com/here-come-the-mirror-men/
Elfving-Hwang, J. (2011). Not So Soft After All: Kkonminam
Masculinities in Contemporary South Korean Popular Tara. (2015, Feb 11). Just a pretty face? The long, little
Culture in 7th KSAA Biennial Conference known history of Korean flower boys. Beyond Hallyu.
Retrieved from http://beyondhallyu.com/k-pop/just-
Fifield, A. (2015, May 10). In South Korea, beauty is pretty-face-long-little-known-history-korean-flower-
skin deep (just make sure to pierce the stubble). boys/
The Washington Post. Retrieved from https://www.
washingtonpost.com/world/asia_pacific/in-south- The Economist Online. (2012, Apr 23). A cut above.
korea-beauty-is-skin-deep-just-make-sure-to-pierce-the- The Economist Online. Retrieved from http://www.
stubble/2015/05/10/ economist.com/blogs/graphicdetail/2012/04/
daily-chart-13
Greenwood, F. (2013, Jan 7). Pretty boys: Korean ‘flower
men’ embrace makeup and cosmetics. Public Radio Newell-Hanson, A. (2016, Jan 20). How Korea’s male
IntåHatch, P. (2017, Jan 16). South Korean men are beauty obsession is challenging gender norms. The
wearing make-up and it’s serious business. The Sydney Vice Channels. Retrieved from https://i-d.vice.com/
Morning Herald. Retrieved from http://www.smh.com. en_us/article/how-koreas-male-beauty-obsession-is-
au/business/world-business/south-korean-men-are- challenging-gender-norms
wearing-makeup-and-its-serious-business-20161228-
gtivin.html Noor, S. B. (2016, Mar 10). How K-Pop Fueled The
Male Makeup Craze In South Korea. The Huffington
Iida, Y. (2005). Beyond the ‘feminisation’ of culture and Post. Retreived from http://www.huffingtonpost.
masculinity: the crisis of masculinity and possibilities in/smubashir-noor/how-kpop-fueled-the-
of the ‘feminine’ in contemporary Japanese youth male-_b_9384426.html
culture. Inter-Asia cultural studies, 6 (1), 56 - 74 DOI:
10.1080/1462394042000326905 Yamakawa, L. (2014, Jan 30). Flower men of Korea.
Japan Sociology. Retrieved from https://japansociology.
Ji-sook, B. (2010, Mar 24). Men Turn to Aesthetics, com/2014/01/30/flower-men-of-korea/
Grooming to Become Metrosexual. The Korea Times.
Retrieved from http://www.koreatimes.co.kr/www/ Yang H. C. (2014). Flower boys on campus: performing and
news/nation/2010/03/117_62958.html practicing masculinity, Journal of Gender Studies, 23:4,
391-408, DOI: 10.1080/09589236.2013.795112
Jung, S. (2010). ‘Chogukjeok pan-East Asian soft
masculinity: Reading Boys over Flowers, Coffee Prince
and Shinhwa fan fiction’ In Complicated Currents: Media
Flows, Soft Power and East Asia Melbourne: Monash
University ePress. pp. 8.1–8.16.

70 JAN–MAR 2018
 State Bar News
Meet your new State Bar Committees. Bar Council Malaysia
congratulates the members of the State Bar Committees on their
election to office for the 2018/2019 term

Johore Bar Committee

Chairman R Jayabalan

Hon Secretary Anis Syarizad Zaman

Representative on the Bar Council

S. Gunasegaran

Committee Members
SEATED FROM LEFT
Shahareen Begum bt Abdul Subhan,
ES Lim, R Jayabalan, S Gunasegaran,
K Mohan, Roger Lo Ming
STANDING FROM LEFT
Allen Loh Wei Cher, Danny Loo Kheng
Soon, Aimi Syarizad Zaman, Santhi
Balachandran, Punitha Mariappan,
Khairul Asri b Ahmad

                                                                   

Malacca Bar Committee

Chairman Jaspal Singh Gill

Hon Secretary Teng Sher Li

Representative on the Bar

Council Nitin Kumar Gordhan

Committee Members
Sheikh Ikhzan b Sheikh Salleh,
Amritpal Singh s/o Satvindar
Singh, Desiree Teh Ken Wen,
Phang Jai Juet, Muhammad
Farhan Mirza b Azme, Teng
Sher Li, Zairin bt Dzainal Abidin,
Shobashini Devi Pillay

JAN–MAR 2018 71
 STATE BAR NEWS

Kedah Bar Committee

Chairman Nazliyah binti Mansor Representative on the Bar Council
Murshidah bt Mustafa
Hon Secretary Hani Amirah bt Hairul Azam

Committee Members
FROM LEFT
Thevan s/o Raman,
Noor Hisham b Ismail,
Nur Diyana Amalina bt Abdul
Rahman, Hani Amirah bt Hairul
Azam, Shanishah bt Hashim,
Rusidah bt Hassan, Nazliyah bt
Mansor, Murshidah bt Mustafa,
Siti Razasah bt Abd Razak,
Hasnifalina bt Hasanudin,
Rosman Azwan bin Osman,
Muhammad Luttfi bin Abdul
Khalid
NOT IN THE PICTURE
Widyaevasari bt Mohd Kanifiah,
Amir Hamzah bin A Rahman
                                                                   

Kuala Lumpur Bar Committee

Chairman Goh Siu Lin Representative on the Bar Council
Khaizan Sharizad Ab Razak (Sherrie)
Hon Secretary Loi Yap Loon

Committee Members
FROM LEFT TO RIGHT
Chen Yu Szen,
Alex Anton Netto,
Alvin Oh Seong Yew,
Muhendaran Suppiah,
Collin Arvin Andrew,
Vivekananda Sukumaran,
Goh Siu Lin, Khaizan
Sharizad Ab Razak
(Sherrie), New Sin
Yew, Jacky Loi Yap
Loong, Shashi Devan
Thalmalingam,
Atan Mustaffa,
Foong Cheng Leong.

72 JAN–MAR 2018
 STATE BAR NEWS

Perlis Bar Committee

Chairman Siti Hajar bt Che Ahmad Representative on the Bar Council
Ahmad Zaini b Samsudin
Hon Secretary Natrah bt Abdul Rashid

Committee Members
Abd Halim b Din, Rosmiza bt
Shuid @ Shuib, Devandran
s/o Subramaniam, Harmindar
Singh s/o Dara Singh,
Najdah bt Muhamad Romli,
Suhaila bt Ahmad, Afida
Nurizzatie bt Abdul Lateh,
Nurhuda bt Md Ramli,
Nur Diyana bt Ab Shukor,
Norharniza bt Rusli, Syed
Muhammad Anwar b Syed
Lokman Hakim, Wan
Nursyaheedah bt Wan Najmi
NOT IN THE PICTURE Azira bt
Aziz@Azaib (Treasurer)

        
                                                                   

Perak Bar Committee

Chairman Surindar Singh s/o Chain Singh

Hon Secretary Stephenie Yuan Huey Theng

Representative on the Bar Council

Babu Raj s/o Raja Gopal

Committee Members
SITTING FROM LEFT
Nurul Jannah bt Khairul
Anuar, Kenny Lai, Babu Raj
Raja Gopal, Surindar Singh,
Vivekanandan AMS Periasamy,
Shamsuriah bt Sulaiman,
Tan Win Fong.
STANDING FROM LEFT Mohamed
Hafiz bin Jalaludin, Hazril Azam
b Abdul Hamid, Balakrishna
Balaravi Pillai, Varpal Singh.

JAN–MAR 2018 73
 STATE BAR NEWS

Kelantan Bar Committee

Chairman Muhammad Hasif b Hasan

Hon Secretary Azwani bt Abdul Rahman

Representative on the Bar Council Roshalizawati bt Muhammad

                                                                   

Negeri Sembilan Bar Committee

Chairman Mohamad Nor Hisam b Hussain

Hon Secretary Chrysandy Lai Zhiu Khiok

Representative on the Bar Council Joseph Mathews P M Mathews

                                                                   

Pahang Bar Committee

Chairman Rosnah bt Faisal

Hon Secretary Chong Wei Yen

Representative on the Bar Council Sarengapani K Rajoo

                                                                   

Penang Bar Committee

Chairman T Tharumarajah

Hon Secretary Beh Hong Shien

Representative on the Bar Council Nicholas Tan Soon Teik

                                                                   

Terengganu Bar Committee

Chairman Sallehudin b Harun Committee Members
Sallehuddin b Harun, Wan Ahmad Faiz b Wan Abdullah,
Hon Secretary Mohd Jailani b Adam Mohd Jailani b Adam, Fathinajwaa bt Idris, Noor Shuhada
bt Arifin, Sukri b Mohammad, Che M Amir Shafiq b Che
Representative on the Bar Council Musa, Siti Sarah Fadzila bt Rohizat, Muhammad Fitri b
Abdullah b Muhamad Mokhtar
Photo by Austin Ban on Unsplash
74 JAN–MAR 2018
 STATE BAR NEWS

Selangor Bar Committee

Chairman AG Kalidas Representative on the Bar Council
Salim Bashir Bhaskaran
Hon Secretary Bernard Scott

Committee Members
SITTING (LEFT TO RIGHT)
Nurul Muhaniza, Bernard
Scott, AG Kalidas,
Salim Bashir Bhaskaran,
Suraj Singh
STANDING (LEFT TO RIGHT)
N K Thinnagaran
(Executive Secretary),
Kokila Vaani Vadiveloo,
Halim Ashgar, Alvin
Neo, K A Ramu, Mishant
Thiruchelvam, Shanker
Sundaram, P A Sharon,
Murali Velautham,
Ajeet Kaur

                                                                   

JAN–MAR 2018 75
 CASE NOTES

Case Notes
Rule of Law Watch
The ‘Rule of Law Watch’ is a case note series on recent
appellate court decisions on issues of constitutional
rights and public and administrative law.

Indira Gandhi d/o Mutho

v. Pengarah Jabatan
Agama Islam Perak
Constitutional Law — Jurisdiction
of Civil Courts and Syariah
Courts. Administrative Law —
Supervisory Jurisdiction of Civil
Courts to Review Administrative
Decision Despite Ouster Clause. About the Author
Gregory Das is a Partner at Messrs Steven
Thiru & Sudhar Partnership..
Gregory is currently the Vice-President
of the Malaysia Institute of Arbitrators.
By Gregory Das, Member of the Bar

In Indira Gandhi d/o Mutho v. had three children. The husband The Appellant filed an application
Pengarah Jabatan Agama Islam converted to Islam and thereafter for judicial review to challenge
Perak [2018] 1 MLJ 545, the obtained a custody order from the the Certificates and argued that
Federal Court was invited to decide Syariah High Court in respect of the the Registrar acted ultra vires his
on the vexed issue of whether the children. At the time of the custody powers under the Administration
civil courts had the jurisdiction to order, the two elder children were of the Religion of Islam (Perak)
decide upon the legality of the with the Appellant and the youngest Enactment 2004 (“the Perak
conversion of a child to the religion child with the Appellant’s husband. Enactment”). The High Court
of Islam. Approximately one month after allowed the judicial review and
the husband’s conversion, the quashed the Certificates and also
The widely publicised dispute arose Appellant received certificates of granted the Appellant custody of
from the unilateral conversion of conversion (“the Certificates”) the three children. The Court of
three children into the religion of which stated that the three children Appeal reversed the decision and
Islam by the Appellant’s husband. had been registered as Muslims held that the High Court was devoid
The Appellant and her husband had by the Registrar of Muallaf (“the of the jurisdiction to review the
entered into a civil marriage and Registrar”). decisions of the Registrar on his

76 JAN–MAR 2018
 CASE NOTES

compliance or otherwise with the did not oust the jurisdiction of the
Perak Enactment as the same was civil courts. This was because the The supervisory
within the exclusive province of the scheme of Article 121 provided for
Syariah Courts. The Appellant was the two court systems to function jurisdiction of courts to
then granted leave to challenge the co-extensively. Therefore, determine the legality of
Court of Appeal’s decision at the administrative action
Federal Court. “if the relief sought by a plaintiff
is in the nature of the ‘inherent cannot be excluded
The Federal Court unanimously powers’ of the civil court (for even by an express
allowed the appeal and reinstated example judicial review) or if ouster clause. It would
the decision of the High Court, it involves constitutional issues
thereby quashing the Certificates. or interpretation of the law, be repugnant to the rule
In so doing, the Federal Court then the civil courts would of law and the judicial
made important pronouncements be seised with jurisdiction to power of the courts if the
on the scope of civil courts to review determine the issue, regardless
decisions of public authorities of its subject matter…” reigstrar’s decision is
on matters regarding Islam and, immune from review.
further, the extent to which ouster As the case involved the exercise
clauses limit the scope of review of of the Registrar ’s statutory The Federal Court then
administrative decisions. functions as a public authority, the proceeded to review the legality
civil courts were deemed to have of the issuance of the Certificates.
First, Zainun Ali FCJ held that the the jurisdiction to review the legality It was accepted that the
Court of Appeal erred in failing to of the issuance of the Certificates. Guardianship of Infants Act 1961
appreciate that section 50 of the This was not least because the (“the Act”) applied to the children
Perak Enactment (which stipulated review of the decision involved the notwithstanding their purported
a series of matters on which the interpretation of the relevant state conversions to Islam. Further, it
Syariah Courts had exclusive or federal legislation and whether was held that sections 5 and 11 of
jurisdiction) was not applicable to the decision was contrary to the the Act provided for the equality of
the dispute. Part of the matters Federal Constitution. parental rights in the custody and
stated in section 50 was one’s upbringing of an infant child. The
decision to renounce the religion of Moreover, the civil courts were held Federal Court then interpreted
Islam. It did not include the validity to have the jurisdiction to decide the Act against Article 12(4) of
of a person’s conversion to Islam. upon the dispute as the Appellant the Federal Constitution (which
Therefore, section 50 did not apply was a non-Muslim and the Syariah stipulates that the religion of a
to oust the jurisdiction of the civil Courts had no jurisdiction to person under 18 years was to be
courts to review the Registrar’s adjudicate upon her application. decided upon by his/her parent)
issuance of the Certificates. and decided that the consent of
Next, the Federal Court decided both parents were required before
Secondly, the Federal Court on whether section 101 of the the Certificates were issued.
examined the extent to which the Perak Enactment (which provided Therefore, it was held that the
civil and Syariah Court systems that the decisions of the Registrar Certificates, violated Article 12(4)
co-existed under the Federal were final) functioned as an ouster and the Act and were liable to be
Constitution. It was observed that clause against any review against quashed.
subsection (1A) of Article 121 the Registrar’s exercise of power.
(which provides that the civil courts It was determined that:

“shall have no jurisdiction in

respect of any matter within
a jurisdiction of the Syariah
Courts”)

JAN–MAR 2018 77
 CASE NOTES

Photo by Aaron Burden on Unsplash

Kerajaan Malaysia
v. Mat Shuhaimi Bin Shafiei
Civil Procedure — Application of
Res Judicata in Challenge against
Constitutionality of Statute.
Constitutional Law — Right to
Free Expression — Whether
Section 3 of the Sedition Act 1948
Violates Article 10 of the Federal
Constitution.

In Kerajaan Malaysia v. Mat Federal Court decision in Siow published, sold, offered for
Shuhaimi Bin Shafiei (Civil Appeal Chung Peng v. PP [2014] 4 MLJ sale, distributed, reproduced
No: 01(f) — 6 — 03/2017 (W)), 504, which held that the Federal or imported any publication
the Federal Court was required to Court did not have jurisdiction to or did any other thing shall be
decide upon the constitutionality decide upon a criminal appeal that deemed to be irrelevant if in
of section 3(3) of the Sedition Act originated at the Sessions Court. fact the act had, or would, if
1948 (“the Act”), which removed done, have had, or the words,
the element of intention in the Subsequently, the Appellant filed publication or thing had a
commission of an offence under an originating summons at the High seditious tendency.”
the Act. Court for a declaration that section
3 of the Act, read with section 4, The High Court dismissed the
The Appellant was the State was violative of the right to free originating summons. The Court of
Assemblyman for Sri Muda, expression under Article 10. The Appeal reversed the High Court’s
Selangor. He was charged at the central premise of the challenge decision and declared section
Sessions Court under section was that section 3(3) was contrary 3(3) to be unconstitutional and
4(1)(c) of the Act for publishing to the Federal Constitution as the tantamount to a disproportionate
an alleged seditious article on a exclusion of the intention of an restriction to the right to freedom
blog. The Appellant claimed trial accused was unreasonable and of expression under Article 10.
to the charge. Prior to the trial, disproportionate to the curtailment The Appellant obtained leave to
the Appellant filed a motion at the of the right to free expression. appeal against the Court of Appeal
High Court to strike out the charge Section 3(3) of the Act reads as decision at the Federal Court.
against him on the premise that follows:
section 4 of the Act was contrary The Federal Court unanimously
to Article 10 of the Federal “(3) For the purpose of proving allowed the appeal and reinstated
Constitution. The motion was the commission of any offence the High Court’s decision and
dismissed and the Court of Appeal against this Act the intention ordered that the trial against
upheld the High Court’s decision. of the person charged at the the Respondent proceed at the
The Appellant then applied for leave time he did or attempted to Sessions Court.
at the Federal Court to challenge do or made any preparation
the preceding decisions. The to do or conspired with any Ahmad Maarop CJM held that the
Appellant subsequently withdrew person to do any act or uttered Court of Appeal erred in failing
his leave application in view of the any seditious words or printed, to find that the Respondent’s

78 JAN–MAR 2018
 CASE NOTES

originating summons was an abuse The basis on Accordingly, as it was found that the
of the court process as it sought to Respondent’s originating summons
relitigate a matter that had already
which the doctrine of was an abuse of process in view
been decided. In this regard, the res judicata rests is of res judicata, the Federal Court
Appellant’s motion (that preceded founded on the declined to answer the questions
the originating summons) had of law posed in the appeal. One of
been determined by the High Court
consideration of the questions was whether section
previously and it involved issues that public policy that it is 3(3) was contrary to Article 10 of
arose in the originating summons in the public interest the Federal Constitution.
(namely, the constitutionality of
section 3(3)).
that there should be a
finality in litigation …
Further, the Federal Court and that no one
rejected the argument that the
doctrine of res judicata does not
should be vexed twice
apply to a challenge against the for the same kind of
constitutionality of a statute. It was litigation.
held that:

Have we lost you?

Changed your contact details?
Changed firm?
Set up your own practice?

Keep your details with the Bar Council up to date by faxing your
new details to the Bar Secretariat at +603-20261313.

P/s We apologies for the use of 20th century technology.

JAN–MAR 2018 79
 UPDATES / NOTICES

Updates / Notices
General Information on Matters Discussed
at Bar Council Meetings
August 2017 to March 2018

Update on Imposition by Local Authorities of International Malaysia Law Conference 2018

Requirement of Licences for Premises and/or
Signboards The International Malaysia Law Conference (“IMLC”)
2018, a flagship event of the Malaysian Bar, will be
The Bar Council and a law firm in Kuala Lumpur filed held at The Royale Chulan Hotel Kuala Lumpur from
an application for leave to apply for judicial review at 14 to 17 Aug 2018 (Tuesday to Friday).
the Kuala Lumpur High Court on 3 July 2017, to seek
appropriate reliefs against the notices and summonses This year’s theme — “Raising the Bar: Innovate.
issued by Dewan Bandaraya Kuala Lumpur (“DBKL”) Integrate. Emulate” — spotlights innovations that can
in respect of its requirement for licences for premises. and will impact the legal community, and the need to
Leave was granted on 25 Sept 2017. adapt to and integrate these innovations seamlessly.
Emulating trailblazers can make all the difference
Members who receive any notice or summons are between merely surviving, and truly excelling, in the
advised to request that DBKL rescind the notice or legal profession.
summons immediately, and to inform DBKL of the Bar
Council’s position by referring to Bar Council Circular The theme encapsulates the goal of empowering
No 221/2017 dated 9 Oct 2017, entitled “Update lawyers in the domestic and international spheres to
on Imposition by Local Authorities of Requirement meet the challenges of internationalisation of legal
of Licences for Premises and/or Signboards services, as well as arming them to seize opportunities
(9 Oct 2017)”. as they arise.

Legal Profession (Group Practice) Rules 2017 Edition notes please see p 26.

It is anticipated that the Legal Profession (Group Opening Ceremony for the New Malaysian Bar
Practice) Rules 2017 (“Rules”) will come into effect Building
soon. Once implemented, the Rules would allow
small law firms to practise and operate as a group The opening ceremony for the new Malaysian Bar
(“Group Practice”) by sharing premises, resources Building will take place on 9 Feb 2018 (Friday), as
and infrastructure, while remaining as separate follows:
entities. For such firms, this would be an attractive
and cost-effective option, and enable them to be more Date: 9 Feb 2018 (Friday)
competitive in practice. Time: 4:00 pm
Venue: Raja Aziz Addruse Auditorium,
The Bar Council Small Firm Practice and Future of Wisma Straits Trading, Unit 2-02A,
Law Committee will organise a briefing for Members, 2nd Floor, 2 Leboh Pasar Besar,
as part of the effort to increase awareness on this new 50050 Kuala Lumpur
option for practice.
Members of the Bar are invited to this historic
Please refer to Bar Council Circular No 189/2017 occasion. Advance registration is required, as
dated 23 Aug 2017, entitled “Update on the Proposed space at the Auditorium is limited. To register,
Legal Profession (Group Practice) Rules 2017”. please complete the online form here, on or before
29 Jan 2018 (Monday).

80 JAN–MAR 2018
 UPDATES / NOTICES

For additional details, please refer to Bar Council incorporate a “poor persons” provision in the Rules
Circular No 013/2018 dated 16 Jan 2018, entitled of Court 2012.
“Invitation to the Opening Ceremony for the New
Malaysian Bar Building (9 Feb 2018)”. This provision would permit eligible impecunious
persons to qualify for the waiver, in whole or in part,
International Malaysia Law Conference 2018 of court fee”.

The International Malaysia Law Conference (“IMLC”) Office Bearers and Bar Council members for
2018, a flagship event of the Malaysian Bar, will the 2018/2019 term
be held at The Royale Chulan Kuala Lumpur from
14 to 17 Aug 2018 (Tuesday to Friday). The Bar Council re-elected the following Office Bearers
for the 2018/2019 term:
This year’s theme — “Raising the Bar: Innovate.
Integrate. Emulate” — is a venture into new areas of President: George Varughese K O
interest and challenges to the legal community. It will Varughese
spotlight innovations that can and will impact the legal Vice-President: Abdul Fareed Abdul Gafoor
community, and the need to adapt to and integrate Secretary: Chan Weng Keng, Roger
these innovations seamlessly. Emulating trailblazers Treasurer: Ravindran Nekoo @ Veloo
can make all the difference between merely surviving, (re-appointed)
and truly excelling, in the legal profession.
The remaining 34 members of the incoming Bar
The early bird rate for Members, valid until 30 Jan Council are:
2018 (Tuesday), is RM999 for a 4-day full conference
package, or RM760 for a 2-day package comprising 1. Andrew Khoo Chin Hock
sessions focusing on either domestic issues or global 2. Dipendra Harshad Rai
issues. This is below cost price, and is subsidised by 3. Hendon Mohamed
the Bar Council for the benefit of Members. 4. Karen Cheah Yee Lynn
5. Lukman Sheriff Alias
Only 200 places are available at this exclusive 6. Mohamad Ezri Abdul Wahab
rate. Please click here for additional details and the 7. Muhammad Rafique Rashid Ali
registration form. Be an early bird, and sign up now! 8. Norliza Rasool Khan
9. Roger Tan Kor Mee
Please refer to Bar Council Circular No 020/2018 10. Siti Zabedah Kasim
dated 18 Jan 2018, entitled “IMLC 2018: Sponsorship 11. Jayabalan Raman Kutty
Opportunities for Members and Law Firms”, for details (Chairman, Johore Bar Committee)
on the sponsorship options available. 12. Singaravelu, Gunasegaran
(Johore Bar Representative on the Bar Council)
Legal Profession (Group Practice) Rules 2017 13. Nazliyah Mansor
(Chairman, Kedah Bar Committee)
The Attorney General’s Chambers is in the midst 14. Murshidah Mustafa
of finalising the Legal Profession (Group Practice) (Kedah Bar Representative on the Bar Council)
Rules 2017 (“Rules”). Once implemented, the Rules 15. Muhammad Hasif Hasan
would allow small law firms to practise and operate (Chairman, Kelantan Bar Committee)
as a group (“Group Practice”) by sharing premises, 16. Roshalizawati Muhammad
resources and infrastructure, while remaining as (Kelantan Bar Representative on the Bar Council)
separate entities. For such firms, this would be an 17. Goh Siu Lin
attractive and cost-effective option, and enable them (Chairman, Kuala Lumpur Bar Committee)
to be more competitive in practice. 18. Khaizan Sharizad Ab Razak
(Kuala Lumpur Bar Representative on the Bar Council)
It is anticipated that the Rules will come into operation 19. Jaspal Singh Gill
soon. (Chairman, Melaka Bar Committee)
20. Nitin Kumar Gordhan
Inclusion of a “Poor Persons” Provision in the (Melaka Bar Representative on the Bar Council)
Rules of Court 2012 21. Mohamad Nor Hisam Hussain
(Chairman, Negeri Sembilan Bar Committee)
The Rules Committee, chaired by the Chief Justice 22. Joseph Mathews P M Mathews
of the Federal Court of Malaysia, has agreed to (Negeri Sembilan Bar Representative on the Bar Council)

JAN–MAR
JAN-MAR 2018 81
 UPDATES / NOTICES

23. Rosnah Faisal 32. Salim Bashir Bhaskaran

(Chairman, Pahang Bar Committee) (Selangor Bar Representative on the Bar Council)
24. Sarengapani K Rajoo 33. Sallehudin Harun
(Pahang Bar Representative on the Bar Council) (Chairman, Terengganu Bar Committee)
25. Tharumarajah Thiagarajan 34. Abdullah Muhamad
(Chairman, Penang Bar Committee) (Terengganu Bar Representative on the Bar Council)
26. Tan Soon Teik Nicholas
(Penang Bar Representative on the Bar Council)
27. Surindar Singh Chain Singh The list above highlights some items featured in Bar
(Chairman, Perak Bar Committee) Council’s “General Statements”, which were sent
28. Babu Raj Raja Gopal out to Members of the Bar from Aug 2017 to Mar
(Perak Bar Representative on the Bar Council) 2018. Access the Malaysian Bar website at www.
29. Siti Hajar Che Ahmad malaysianbar.org.my to view these in full. Please note
(Chairman, Perlis Bar Committee) that “General Statements” are only accessible if you
30. Ahmad Zaini Samsudin are a registered user of the Malaysian Bar website.
(Perlis Bar Representative on the Bar Council)
31. A G Kalidas Krishnan Gnanaprakasam
(Chairman, Selangor Bar Committee)

                                                                  

Notice Regarding Bar Council Circulars

and E-Blasts

The Bar Council Secretariat issues approximately 30

circulars and e-blasts each month. Because of the
high cost involved, the practice of issuing hardcopy
circulars came to an end in 2008. Today, we issue
less than five hard copy circulars a year; the rest are
sent by email alone.

Based on our records, there is still a large number

of Members who are not on our e-mail mailing list,
and hence not receiving the Bar Council circulars and
e-blasts. This is an issue of concern since circulars
are the primary means by which we communicate
with Members, to keep you informed of important
developments affecting the legal profession, as well
as information on events and benefits for Members.

Similarly, the Malaysian Bar website contains a wealth

of information for Members. Certain areas of the
website are only accessible if you have a login ID and
password. Furthermore, with the implementation of In order to be added to our e-mail mailing list and to
the online application of the Sijil Annual and Practising register for full access to the website, please send
Certificate (“SAPC”), Members are required to have a an email to us at webreg@malaysianbar.org.my or
login ID and password. contact us by telephone at 03-2050 2021.

82 JAN–MAR 2018
Summary of Circulars
August 2017 to February 2018

Circular No 167/2017 | Competition Law in Malaysia: Circular No 173/2017 | Invitation to Attend Yayasan Bantuan
An Emerging Practice Area (7 Sept 2017) Guaman Kebangsaan Training (Part Three) in Kelantan
(26 and 27 Aug 2017)
Co-organised by the Bar Council and the Malaysia Competition Organised by the Bar Council Yayasan Bantuan Guaman
Commission (“MyCC”), this event will be held at 2:15 pm to Kebangsaan (“YBGK”) Steering Committee, Part Three of this
5:45 pm, at Raja Aziz Addruse Auditorium, Straits Trading Building, training will be held at 9:00 am to 5:00 pm, at Kelantan Bar
Unit 2-02A, 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, Auditorium, 350 Jalan Pengkalan Chepa, Kampung Tanjung Mas,
on 7 Sept 2017 (Thursday). This event carries three CPD points, and 15400 Kota Bharu, Kelantan, on 26 and 27 Aug 2017 (Saturday and
the CPD code is T3/07092017/BCMyCC/BC172421/3. Registration Sunday). Part Three of this training carries six CPD points, and the
fee for Members of the Bar is RM250. CPD code is T7/26082017/YBGK/KT172538/6. The training is free
but advance registration is required.

Circular No 168/2017 | Resolution Adopted at the Extraordinary

General Meeting of the Malaysian Bar on 3 Aug 2017 Circular No 174/2017 | Invitation to Attend E-Filing Training in
Kota Kinabalu, Sabah (16 Aug 2017)
Members of the Bar who practise in the Federal Territory of Labuan
are required to attend this training to facilitate the handling of e-filing
Circular No 169/2017 | Seminar on GET WIRED! Updates on
of cases.
Tech Laws and Cyber Security (24 Aug 2017)
Organised by the Bar Council Information Technology and Cyber
Laws Committee, this seminar will be held at 9:00 am to 5:30 pm, Circular No 175/2017 | CPD Roundtable: Anytime, Anywhere —
at Raja Aziz Addruse Auditorium, Straits Trading Building, Unit Your Choice of CPD
2-02A, 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on
24 Aug 2017 (Thursday). This seminar carries six CPD points, and Circular No 176/2017 | ADDENDUM | Issues Relating to e-Tanah
the CPD code is T3/24082017/BC/BC172422/6. Registration fee for System at PPTG WPKL
Members of the Bar is RM160.

Circular No 177/2017 | Mediation Skills Training Course,

Circular No 170/2017 | Invitation to Attend Yayasan Bantuan Kuala Lumpur (10 to 14 Jan 2018)
Guaman Kebangsaan Training (Parts One and Two) in Kelantan Organised by the Bar Council Alternative Dispute Resolution
(25 Aug 2017) Committee, this training will be held at 8:30 am to 5:30 pm, at Raja
Organised by the Bar Council Yayasan Bantuan Guaman Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A,
Kebangsaan (“YBGK”) Steering Committee, Parts One and Two 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, from 10 to
of this training will be held at 9:00 am to 6:00 pm, at Kelantan 14 Jan 2018 (Wednesday to Sunday). This training carries 16 CPD
Bar Auditorium, 350 Jalan Pengkalan Chepa, Kampung Tanjung points, and the CPD code is T3/1014012018/BC/BC184001/16.
Mas, 15400 Kota Bharu, Kelantan, on 25 Aug 2017 (Friday). Part Registration fee for Members of the Bar is RM1,908.
One of this training carries two CPD points, and the CPD code is
T7/25082017/YBGK/KT172536/2; and Part Two of this training Circular No 178/2017 | CRC Talks: The Child in the Malaysian
carries three CPD points, and the CPD code is T7/25082017/YBGK/ Criminal Justice System (6 Sept 2017)
KT172537/3. The training is free but advance registration Organised by the Bar Council Child Rights Committee, this
is required. workshop will be held at 2:00 pm to 5:00 pm, at Raja Aziz Addruse
Auditorium, Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh
Pasar Besar, 50050 Kuala Lumpur, on 6 Sept 2017 (Wednesday).
Circular No 171/2017 | Issues Relating to e-Tanah System This workshop carries two CPD points, and the CPD code is
at PPTG WPKL T3/06092017/BC/BC172544/2. Registration fee is RM53.

Circular No 179/2017 | Arahan Pentadbiran Ketua Pendaftar

Circular No 172/2017 | Expanding the Horizons of Your Practice: Mahkamah Persekutuan Malaysia Bilangan 2 Tahun 2017
Belt and Road Summit 2017 (11 Sept 2017) and Market Visit to
Hong Kong (12 Sept 2017)
The Bar Council invites Members of the Bar to participate in Circular No 180/2017 | Criminal Trial Advocacy Course,
two events held in Hong Kong: (1) Belt and Road Summit 2017 Kuala Lumpur (7 and 8 Oct 2017)
(organised by The Government of Hong Kong Special Administrative Organised by the Bar Council Advocacy Training Committee, this
Region and the Hong Kong Trade Development Council); and (2) course will be held in Kuala Lumpur, on 7 and 8 Oct 2017 (Saturday
Market Visit to Hong Kong (organised by The Law Society of Hong and Sunday). This course carries 12 CPD points, and the CPD code
Kong). If you are interested to participate in either, or both, events, is T3/0708102017/PSDATC/KL172020/12. Registration fee
kindly register by email to Kenneth Ang, Bar Council Special Projects for Members of the Bar is RM530.
and International Liaison Director, at kenneth@malaysianbar.org.my,
on or before 25 Aug 2017 (Friday). Circular No 181/2017 | Arahan Amalan Ketua Hakim Negara Bil
1 Tahun 2017

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Summary of Circulars

Circular No 182/2017 | CPD Legal Craft: Your Legal Voice Circular No 193/2017 | Strata Management Act 2013:
through Writing An Overview (12 Sept 2017)
Organised by the Bar Council Continuing Professional Development
Department, this event will be held at 9:00 am to 5:00 pm, at Raja
Circular No 183/2017 | FinTech and the Law: Get Ready Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A,
to Provide Legal Services for FinTech (14 Sept 2017) 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 12 Sept
Co-organised by the Bar Council and FOCUS Malaysia, this event 2017 (Tuesday). This event carries six CPD points, and the CPD
will be held at 8:30 am to 6:00 pm, at Raja Aziz Addruse Auditorium, code is T3/12092017/BC/BC172576/6. Registration fee for Members
Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh Pasar Besar, of the Bar is RM265.
50050 Kuala Lumpur, on 14 Sept 2017 (Thursday). This event
carries six CPD points, and the CPD code is T3/14092017/BC/
BC172429/6. Registration fee for Members Circular No 194/2017 | 2018 Professional Indemnity Insurance
of the Bar is RM636. Renewal | Premium, Terms and Conditions

Circular No 195/2017 | Tripartite Bar Games 2017, Kuala Lumpur

Circular No 184/2017 | Civil Advocacy Course, Kuala Lumpur (6 and 7 Oct 2017)
(7 and 8 Oct 2017)
Organised by the Bar Council Advocacy Training Committee,
this course will be held in Kuala Lumpur, on 7 and 8 Oct 2017 Circular No 196/2017 | Extension of Expected Completion Date
(Saturday and Sunday). This course carries 12 CPD points, and the for Conversion of Titles at PPTG WPKL
CPD code is T3/0708102017/PSDATC/KL172013/12. Registration
fee for Members of the Bar is RM530.
Circular No 197/2017 | 8 CPD Choices, 8 Diverse Experiences

Circular No 185/2017 | CPD Camps 2017 (Melaka 4 Oct)

Circular No 198/2017 | REMINDER | Arahan Amalan Bil 6 Tahun
(Perlis | 13 Oct)
2013: Pengkelasan Kod Bagi Kes-Kes di Mahkamah Tinggi,
Organised by the Bar Council Continuing Professional Development
Mahkamah Sesyen dan Mahkamah Majistret Seluruh Malaysia
Department, the training session will be held in Melaka on
4 Oct 2017 (Wednesday), and in Perlis on 13 Oct 2017 (Friday).
Registration fee (inclusive of 6% GST) is RM27 per training topic. Circular No 199/2017 | Teh Tarik with Richard Wee (28 Oct 2017)
Organised by the Bar Council National Young Lawyers and Pupils
Committee, this activity will be held at 3:00 pm to 5:00 pm, at Arch
Circular No 186/2017 | Scholarship Recipient | Peking University Café, Lot No G01 and G03A, Ground Floor, Pacific Express Hotel,
School of Transnational Law LLM Programme Jalan Hang Kasturi, Market Square, 50050 Kuala Lumpur, on 28
Oct 2017 (Saturday). This activity carries two CPD points, and the
CPD code is T3/28102017/BC/BC172630/2. Admission is free but
Circular No 187/2017 | Seminar on Differences between Islamic participants will have to bear the cost of any food or drinks that they
Wills and Non-Islamic Wills (20 Oct 2017) order.
Organised by the Bar Council Syariah Law Committee, this event
will be held at 9:00 am to 12:00 pm, at Raja Aziz Addruse
Auditorium, Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh Circular No 200/2017 | Update on National Land Code
Pasar Besar, 50050 Kuala Lumpur, on 20 Oct 2017 (Friday). This (Amendment of First and Fifth Schedules) Order 2017
event carries three CPD points, and the CPD code is T3/20102017/
BC/BC172441/3. Registration fee for Members of the Bar is RM50.
Circular No 201/2017 | Public Forum on the “Bin Abdullah”
Decision of the Court of Appeal — The Impact of Fatwas under
Circular No 188/2017 | Malaysian Women Lawyers Conference, the Federal Constitution (20 Sept 2017)
KL | Programme (16 Nov 2017) Jointly organised by the Bar Council Constitutional Law Committee
and the National Young Lawyers and Pupils Committee, this
forum will be held at 6:00 pm to 8:00 pm, at Bar Council Raja Aziz
Circular No 189/2017 | Update on the Proposed Legal Addruse Auditorium, Straits Trading Building, Unit 2-02A, 2nd Floor,
Profession (Group Practice) Rules 2017 2 Leboh Pasar Besar, 50050, Kuala Lumpur, on 20 Sept 2017
(Wednesday). This forum carries one CPD point, and the CPD code
is T3/20092017/BC/BC172633/1. Admission is free of charge but
Circular No 190/2017 | Sijil Annual 2018 advanced registration is required.

Circular No 202/2017 | Malaysian Bar-Korean Bar Association

Circular No 191/2017 | Nationwide Workshops: How to Apply Lawyers Exchange Programme 2017
for Sijil Annual 2018
The annual renewal season for Sijil Annual and Practising Certificate Circular No 203/2017 | Request for Feedback on Issues Relating
(“SAPC”) has begun, marked by a significant change this year — all to Pekeliling Ketua Pendaftar Bil 2 Tahun 2017: Garis Masa
applications for SAPC can only be made online through the Bar (Timeline) Penyelesaian Kes Jenayah dan Sivil Bagi Mahkamah
Council’s online portal. All supporting documents must be scanned Rendah
and uploaded online. You no longer have the option to submit hard
copy documents in order to apply for your SAPC.
Circular No 204/2017 | Seminar on An Introduction to Islamic
The Bar Council Membership Department will conduct workshops in Finance, Johore (25 Oct 2017)
each state in Peninsular Malaysia, to provide guidance on the new Organised by the Bar Council Islamic Finance Committee, this
SAPC online application process. seminar will be held at 9:00 am to 5:30 pm, at M Suites Hotel,
Madani Hall, Level 1, 16 Jalan Skudai, Straits View, 80200 Johor
Bahru, Johore, on 25 Oct 2017 (Wednesday). This seminar carries
Circular No 192/2017 | National Land Code six CPD points, and the CPD code is T3/25102017/BC/JH172626/6.
(Amendment of First and Fifth Schedules) Order 2017 Registration fee for Members of the Bar is RM220.

84 JAN–MAR 2018
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Circular No 205/2017 | Course on Handling Financial Experts Circular No 215/2017 | Enhance Leadership and Performance
in Court (17 to 19 Nov 2017) (16 Nov 2017)
Organised by the Bar Council Advocacy Training Committee, Organised by the Bar Council and the Association of Women
this course will be held at Kompleks Mahkamah Kuala Lumpur, Lawyers, this conference will be held at 9:00 am to 5:15 pm, at
from 17 to 19 Nov 2017 (Friday to Sunday). This course carries the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”),
12 CPD points, and the CPD code is T3/1719112017/PSDCATC/ Jalan Sultan Hishamuddin, 50000 Kuala Lumpur, on 16 Nov 2017
KL172021/12. Registration fee for Members of the Bar is RM1,590. (Thursday). This conference carries six CPD points, and the CPD
code is T3/16112017/BC/BC172351/6. Click on the link above for the
pricing schedule and more details.
Circular No 206/2017 | Mega-Regional Free Trade Agreements:
Asia as 21st-Century Rule-Maker (30 Oct 2017) Circular No 216/2017 | Call for Nominations for the Malaysian
Organised by the Bar Council Continuing Professional Development Bar Lifetime Achievement Award 2018
Department, in collaboration with Peking University School of
Transnational Law, this event will be held at 2:30 pm to 5:30 pm, at
Raja Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A, Circular No 217/2017 | Lawyers and Other Professionals:
2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 30 Oct The Next Target for IRB Audits ̶ Are You Prepared? (3 Nov 2017)
2017 (Monday). This event carries three CPD points, and the CPD Organised by the Bar Council Continuing Professional Development
code is T3/30102017/BC/BC172623/3. Admission is free of charge Department, this event will be held at 2:30 pm to 5:30 pm, at Raja
but advanced registration is required. Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A,
2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 3 Nov 2017
(Friday). This event carries two CPD points, and the CPD code is
Circular No 207/2017 | Update | Formation of a Special T3/03112017/BC/BC172642/2. Registration fee for Members of the
Committee to Formulate a Holistic Blueprint for the Legal Bar is RM80.
Profession and Proposed Comprehensive Amendments to
the LPA (18 Sept 2017) Circular No 218/2017 | Update on E-Courts | E-Filing and Digital
Certificate and Token

Circular No 208/2017 | Election to Bar Council 2018/2019

Circular No 219/2017 | Save the Date | 2nd Annual Seminar on
the Budget (29 Nov 2017)
Circular No 209/2017 | Invitation to Event on Refugee Organised by the Bar Council Continuing Professional Development
Lawyering: What’s in It for Me? (3 Oct 2017) Department, this event will be held at 9:00 am to 5:15 pm, at Raja
Co-organised by the Bar Council Migrants, Refugees and Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A,
Immigration Affairs Committee (“MRIAC”) and the Office of the 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 29 Nov
United Nations High Commissioner for Refugees (“UNHCR”) 2017 (Wednesday). This event carries six CPD points, and the CPD
Malaysia, this event will be held at 9:30 am to 5:30 pm, at RUANG code is T3/29112017/BC/BC172653/6. Registration fee for Members
by Think City, 2 Jalan Hang Kasturi, 50050 Kuala Lumpur, on of the Bar is RM212.
3 Oct 2017 (Tuesday). This event carries six CPD points, and the
CPD code is T3/03102017/BC/BC172662/6. Admission is free of Pekeliling No 220/2017 | Forum Kedudukan Anak Tidak Sah
charge but advanced registration is required. Click on the link Taraf dari Perspektif Undang-Undang Islam dan Undang-
above for more details. Undang Sivil, Terengganu (29 Oktober 2017)
Jawatankuasa Undang-Undang Syariah Majlis Peguam,
Jawatankuasa Peguam Negeri Terengganu bersama-sama dengan
Circular No 210/2017 | Invitation to Participate in Mentor-Mentee Universiti Sultan Zainal Abidin (“UniSZA”) akan menganjurkan forum
Programme Relating to Practice Management ini di Dewan Auditorium Perpustakaan, UniSZA, Gong Badak, 21300
Kuala Nerus, Terengganu, dari pukul 9:00 pagi hingga 12:00 tengah
hari, pada 29 Oktober 2017 (Ahad). Dua mata CPD telah ditetapkan
Circular No 211/2017 | CPD Camps 2017 (Alor Setar | 6 Nov) bagi forum ini dan kod CPD adalah T3/29102017/BC/TR172677/2.
(Muar | 19 Nov) Sila klik pautan di atas untuk maklumat lanjut.
Organised by the Bar Council Continuing Professional Development
Department, the training sessions will be held in Alor Setar, Kedah,
on 6 Nov 2017 (Monday), and in Muar, Johore, on 19 Nov 2017 Circular No 221/2017 | Update on Imposition by Local
(Sunday). Registration fee (inclusive of 6% GST) is RM27 per Authorities of Requirement of Licences for Premises and/or
training topic. Signboards (9 Oct 2017)

Circular No 222/2017 | Screening of Documentary |

Circular No 212/2017 | Workshops on How to Apply for Sijil “Diary for Prasana” (28 Oct 2017)
Annual 2018, Kuala Lumpur (13 and 26 Oct 2017) Organised by the Bar Council Child Rights Committee, this event will
be held at 10:00 am to 12:00 noon, at Raja Aziz Addruse Auditorium,
Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh Pasar Besar,
Circular No 213/2017 | New Work Process for the Withdrawal 50050 Kuala Lumpur, on 28 Oct 2017 (Saturday). Please note that
of Loan / Financing Disbursements this event does not carry any CPD points. Admission is free but
advance registration is required. Click on the link above
for more details.
Circular No 214/2017 | Risk Management for Staff,
Kuala Lumpur (26 Oct 2017)
Circular No 223/2017 | Invitation to Attend YBGK Training
Organised by the Bar Council Professional Indemnity Insurance
(Parts One and Two) (Johore; Pahang; Terengganu; Melaka)
Committee, this workshop will be held at 9:00 am to 5:15 pm, at
Organised by the Bar Council Yayasan Bantuan Guaman
Auditorium 1, Raja Aziz Addruse Auditorium, Straits Trading Building,
Kebangsaan (“YBGK”) Steering Committee, Parts One and Two
Unit 2-02A, 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur,
of this training will be in Johore on 28 Oct 2017 (Saturday), in
on 26 Oct 2017 (Thursday). This workshop carries seven CPD
Pahang on 18 Nov 2017 (Saturday), in Terengganu on 25 Nov 2017
points, and the CPD code is T3/26102017/BC/BC172669/7.
(Saturday) and in Melaka on 9 Dec 2017 (Saturday). The training is
Registration fee is RM63.60.
free but advance registration is required.

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Summary of Circulars

POSTPONED | Circular No 224/2017 | Elementary Course on the Circular No 236/2017 | In Style • Hong Kong Symposium 2017
Representation of Children in Malaysia, Kelantan (9 Nov 2017) (Kuala Lumpur | 7 Nov 2017)
Organised by the Hong Kong Trade Development Council
(“HKTDC”), Members of the Bar are invited to attend the Symposium
Circular No 225/2017 | General Information on Matters on 7 Nov 2017 (Tuesday) at the Mandarin Oriental Kuala Lumpur.
Discussed at the 7th BC Meeting Held on 15 Sept 2017 Members of the Bar can participate in the Symposium at no cost,
by referring to this circular when during registration.

Circular No 226/2017 | Invitation to Attend YBGK Training

(Part Three): Criminal Defence Advocacy, Kuala Lumpur Circular No 237/2017 | Malaysian Bar and The Law Society of
(4 and 5 Nov 2017) Singapore: Malaysia-Singapore Bar Summit 2017 (17 Nov 2017)
Organised by the Bar Council Yayasan Bantuan Guaman Jointly organised by the Malaysian Bar and The Law Society of
Kebangsaan (“YBGK”) Steering Committee, Part Three of this Singapore, this event will be held at 2:30 pm to 6:00 pm, at Kuala
training will be held at 9:00 am to 5:00 pm, at KL Bar Auditorium, Lumpur Regional Centre for Arbitration (“KLRCA”), Auditorium
4th Floor Wisma Hangsam, No 1 Jalan Hang Lekir, 50000 Kuala KLRCA, Bangunan Sulaiman, Jalan Sultan Hishamuddin, 50000
Lumpur, , on 4 and 5 Nov 2017 (Saturday and Sunday). Part Kuala Lumpur, on 17 Nov 2017 (Friday). This event carries two
Three of this training carries 6 CPD points, and the CPD code is CPD points, and the CPD code is T3/17112017/BC/BC172714/2.
T3/0405112017/YBGK/KL172715/6. The training is free but advance Admission is free but advance registration is required.
registration is required.

Circular No 238/2017 | Series of Seminars on Employment

Circular No 227/2017 | Professional Indemnity Insurance Law 2017
Scheme — Base Excess and Recovered Costs Co-organised by the Bar Council Industrial and Employment
Law Committee and the Bar Council Continuing Professional
Development Department, the seminars will be held at 2:30 pm
Circular No 228/2017 | Closure of E-Filing Service Bureau to 5:00 pm, at at Raja Aziz Addruse Auditorium, Straits Trading
Counters in Courts Across Peninsular Malaysia for Lawyers Building, Unit 2-02A, 2nd Floor, 2 Leboh Pasar Besar, 50050
and Government Agencies Kuala Lumpur, on 7, 9, 14, 16 and 21 Nov 2017.

Circular No 229/2017 | Bursaries Available | Monash University Circular No 239/2017 | Briefing on Legal Profession
Australia Master of Laws Degree (from Jan 2018) (Group Practice) Rules 2017, and Membersʼ Rights and
Obligations under the PII Policy, Selangor (10 Nov 2017)
Jointly organised by the Bar Council Small Firm Practice and Future
Circular No 230/2017 | Briefing on Legal Profession of Law Committee and the Selangor Bar Committee, this briefing will
(Group Practice) Rules 2017, and Membersʼ Rights and be held at 2:30 pm to 6:00 pm, at Selangor Bar Auditorium, No 41
Obligations under the PII Policy, Johore (27 Oct 2017) Jalan Bola Jaring 13/15, Seksyen 13, 41000 Shah Alam, Selangor,
Jointly organised by the Bar Council Small Firm Practice and Future on 10 Nov 2017 (Friday). This event carries three CPD points, and
of Law Committee and the Johore Bar Committee, this briefing will the CPD code is T3/10112017/BC/SL172701/3. Admission is free but
be held at 2:30 pm to 6:00 pm, at Abdullah A Rahman Auditorium, advance registration is required.
Level 1 Johore Bar Building, No 5 Jalan Tun Abdul Razak, Susur
1/1, 80000 Johor Bahru, Johore, on 27 Oct 2017 (Friday). This event
carries three CPD points, and the CPD code is T3/27102017/BC/ Circular No 240/2017 | UPDATE | Malaysian Women Lawyers
JH172699/3. Admission is free but advance registration is required. Conference: Enhancing Leadership and Performance Skills
for Women Lawyers (16 Nov 2017)
Organised by the Bar Council and the Association of Women
Circular No 231/2017 | Two-day Programme on Executive Lawyers, this conference will be held at 9:00 am to 5:30 pm,
Certificate in Islamic Finance (25 Oct and 8 Nov 2017) at the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”),
Jalan Sultan Hishamuddin, 50000 Kuala Lumpur, on 16 Nov 2017
(Thursday). This conference carries six CPD points, and the CPD
Circular No 232/2017 | Sijil Annual 2018 Application Deadline code is T3/16112017/BC/BC172351/6. Registration fee for Members
Extended to 30 Nov 2017 of the Bar is RM212.

Circular No 233/2017 | Notice of Fees for Bar Council Secretariat Circular No 241/2017 | Read Legal Craft and Such (Issue 6)
Services

Circular No 242/2017 | Criminal Law Conference (25 Nov 2017)

Circular No 234/2017 | Briefing on Legal Profession Organised by the Bar Council Criminal Law Committee, this
(Group Practice) Rules 2017, and Membersʼ Rights and conference will be held at 9:00 am to 5:00 pm, at Raja Aziz Addruse
Obligations under the PII Policy, Penang (9 Nov 2017) Auditorium, Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh
Jointly organised by the Bar Council Small Firm Practice and Future Pasar Besar, 50050 Kuala Lumpur, on 25 Nov 2017 (Saturday).
of Law Committee and the Penang Bar Committee, this briefing will This conference carries four CPD points, and the CPD code is
be held at 2:30 pm to 6:00 pm, at Penang Bar Auditorium, T3/25112017/BC/BC172734/4. Registration fee for Members of
No 4 Green Hall (Ground Floor), 10200 Georgetown, Penang, the Bar is RM100.
on 9 Nov 2017 (Thursday). This event carries three CPD points, and
the CPD code is T3/09112017/BC/PG172700/3. Admission is free
but advance registration is required.
Circular No 243/2017 | Malaysian Bar Acquires Wisma Straits
Trading
Circular No 235/2017 | Legal Action Filed to Seek Declarations
that the Appointments of the Chief Justice and President of the
Court of Appeal are Unconstitutional and Void

86 JAN–MAR 2018
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Circular No 244/2017 | Medical Law Litigation in Malaysia — Circular No 254/2017 | International Malaysia Law Conference
Recent Changes (28 Nov 2017) 2018 (14 to 17 Aug 2018) | Be an Early Bird!
Organised by the Bar Council Continuing Professional Development Raising the Bar: Innovate.Integrate.Emulate is the theme for the
Department, this event will be held at 2:30 pm to 5:30 pm, at Raja Malaysian Bar’s IMLC 2018, to be held at The Royale Chulan Kuala
Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A, Lumpur. Participants can choose a full 4-day package, or a 2-day
2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 28 Nov domestic or international package. An exceptional early bird rate
2017 (Tuesday). This event carries three CPD points, and the CPD awaits Members of the Malaysian Bar (until 30 Jan 2018).
code is T3/28112017/BC/BC172720/3. Registration fee for Members
of the Bar is RM120.
Circular No 255/2017 | Criminal Trial Advocacy Course,
Melaka (3 and 4 Feb 2018)
Circular No 245/2017 | Civil Advocacy Course, Kuala Lumpur Organised by the Bar Council Advocacy Training Committee, this
(20 and 21 Jan 2018) course will be held in Melaka, on 3 and 4 Feb 2018 (Saturday and
Organised by the Bar Council Advocacy Training Committee, Sunday). This course carries 12 CPD points, and the CPD code is
this course will be held in Kuala Lumpur, on 20 and 21 Jan 2018 T3/03040212018/PSDATC/MLK184005/12. Registration fee
(Saturday and Sunday). This course carries 12 CPD points, and the for Members of the Bar is RM530.
CPD code is T3/2021012018/PSDATC/KL184004/12. Registration
fee for Members of the Bar is RM530. Circular No 256/2017 | 11th Training Course of China-ASEAN
Legal Training Base (5 to 29 Dec 2017)
Circular No 246/2017 | Request for Feedback on Issues
Pertaining to the Companies Act 2016 Circular No 257/2017 | Introductory Workshop on Holding
a Watching Brief (23 Nov 2017)
Circular No 247/2017 | Seminar on GET WIRED! Updates
on Tech Laws and Cyber Security, Penang (23 Nov 2017) Circular No 258/2017 | Briefing on Legal Profession
Organised by the Bar Council Information Technology and Cyber (Group Practice) Rules 2017, and Membersʼ Rights and
Laws Committee, this seminar will be held at 9:30 am to 5:30 pm, Obligations under the PII Policy, Kelantan (23 Nov 2017)
at Royale Chulan Penang, No 1 & 2, Pengkalan Weld, 10300 Jointly organised by the Bar Council Small Firm Practice and Future
Georgetown, Penang, on 23 Nov 2017 (Thursday). This seminar of Law Committee and the Kelantan Bar Committee, this briefing will
carries five CPD points, and the CPD code is T3/23112017/BC/ be held at 2:30 pm to 6:00 pm, at Kelantan Bar Auditorium, 2nd Floor
PG172736/5. Registration fee for Members of the Bar is RM250. PT 2271 Tanjung Mas, Jalan Pengkalan Chepa, 15400 Kota Bharu,
Kelantan, on 23 Nov 2017 (Thursday). This event carries three
CPD points, and the CPD code is T3/23112017/BC/KL172766/3.
Circular No 248/2017 | Election to Bar Council 2018/2019
Admission is free but advance registration is required.

Circular No 249/2017 | Briefing on Legal Profession

Circular No 259/2017 | Alert to Law Firms | List of Unauthorised
(Group Practice) Rules 2017, and Membersʼ Rights and
Companies Available on Bank Negara Malaysia’s Website
Obligations under the PII Policy, Pahang (17 Nov 2017)
Jointly organised by the Bar Council Small Firm Practice and Future
of Law Committee and the Pahang Bar Committee, this briefing will Circular No 260/2017 | Briefing on Legal Profession
be held at 2:30 pm to 6:00 pm, at Pahang Bar Building, (Group Practice) Rules 2017, and Membersʼ Rights and
B-74 1st Floor, Lorong Tun Ismail 6, 25000 Kuantan, Pahang, on Obligations under the PII Policy, Melaka (6 Dec 2017)
17 Nov 2017 (Friday). This event carries three CPD points, and the Jointly organised by the Bar Council Small Firm Practice and Future
CPD code is T3/17112017/BC/PH172746/3. Admission is free but of Law Committee and the Melaka Bar Committee, this briefing
advance registration is required. will be held at 2:30 pm to 6:00 pm, at Melaka Bar Auditorium,
No 10 Jalan PPPS, Pusat Perniagaan Putra Sentosa, 75150 Bukit
Baru, Hang Tuah Jaya, Melaka, on 6 Dec 2017 (Wednesday).
Circular No 250/2017 | Workshop on Malaysian Code on This event carries three CPD points, and the CPD code is
Corporate Governance (12 Dec 2017) T3/06122017/BC/MLK172767/3. Admission is free but advance
Organised by the Bar Council Continuing Professional Development registration is required.
Department, this event will be held at 2:30 pm to 4:30 pm, at
Securities Commission Malaysia, Conference Hall 2, 3 Persiaran
Bukit Kiara, Bukit Kiara 50490 Kuala Lumpur, on 12 Dec 2017 Circular No 261/2017 | Invitation for Members of the Bar to
(Tuesday). This event carries two CPD points, and the CPD code Apply for the Position of Chairman of the Industrial Court
is T2/12122017/BC/SC172644/2. Admission is free but advance of Malaysia
registration is required.
Circular No 262/2017 | Workshop on Protecting Intangibles:
Circular No 251/2017 | 2nd Annual Seminar on the Budget An Introduction to Intellectual Property (6 Dec 2017)
(29 Nov 2017) Organised by the Bar Council National Young Lawyers and Pupils
Co-organised by the Bar Council Continuing Professional Committee, this workshop will be held at 2:30 pm to 5:30 pm, at
Development Department and the Bar Council Corporate and Raja Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A,
Commercial Law Committee, this event will be held at 9:00 am to 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 6 Dec 2017
5:15 pm, at Raja Aziz Addruse Auditorium, Straits Trading Building, (Wednesday). This event carries two CPD points, and the CPD code
Unit 2-02A, 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, is T3/06122017/BC/BC172772/2. Registration fee is RM20.
on 29 Nov 2017 (Wednesday). This event carries six CPD points,
and the CPD code is T3/29112017/BC/BC172653/6. Registration Circular No 263/2017 | Training on Orang Asli Land and
fee for Members of the Bar is RM212. Territorial Rights — Issues, Claims and the Law (3 Jan 2018)
Organised by the Bar Council Committee on Orang Asli Rights, this
Circular No 252/2017 | Court Vacation 2017 | High Court training will be held at 2:30 pm to 6:00 pm, at Raja Aziz Addruse
of Malaya (18 to 29 Dec 2017) Auditorium, Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh
Pasar Besar, 50050 Kuala Lumpur, on 3 Jan 2018 (Wednesday).
This training carries two CPD points, and the CPD code is
Circular No 253/2017 | Court Vacation 2017 | Court of Appeal T3/03012018/BC/BC184018/2. Admission is free but advance
of Malaysia (18 to 29 Dec 2017) registration is required.

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 UPDATES / NOTICES
Summary of Circulars

Circular No 264/2017 | Talk on Mediation Advocacy — Circular No 275/2017 | National Symposium on Islamic Banking
An Introduction, Penang (13 Apr 2018) and Finance 2018, Miri (20 and 21 Jan 2018)
Organised by the Bar Council Alternative Dispute Resolution Jointly organised by the Advocates Association of Sarawak and the
Committee, this talk will be held at 2:30 pm to 5:30 pm, at Penang Association of Islamic Banking Institutions of Malaysia (“AIBIM”),
Bar Auditorium, No 4 Green Hall, Ground Floor, 10200 Penang, on this event will be held at the Imperial Hotel Miri, Level 5, Jalan
13 Apr 2018 (Friday). This talk carries two CPD points, and the CPD Pos, 98000 Miri, Sarawak, on 20 and 21 Jan 2018 (Saturday and
code is T3/13042018/BC/PG184022/2. Registration fee for Members Sunday). Registration fee for Members of the Bar is RM1,000
of the Bar is RM53. (inclusive of two tea breaks, lunch and course materials).

Circular No 265/2017 | Request for Feedback on E-filing Circular No 276/2017 | E-Filing System Unavailable Due to
Relating to Criminal Law Practice Technical Problem

Circular No 266/2017 | Symposium on Constitutional Law: Circular No 277/2017 | State-Level Briefings for Members
Rule of Law in Jeopardy? (10 and 11 Jan 2018) Regarding the Special Committee Established to Formulate
Organised by the Bar Council, in collaboration with the Comprehensive Amendments to the LPA (Penang | 7 Dec)
Commonwealth Lawyers Association, this event will be held at (Perak | 8 Dec)
Raja Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A,
2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 10 and
Circular No 278/2017 | Results of Bar Council Election
11 Jan 2018 (Wednesday and Thursday). This event carries nine
2018/2019
CPD points, and the CPD code is T3/1011012017/BC/BC184028/9.
Registration fee is RM53.
Circular No 279/2017 | Peking University School of
Transnational Law Scholarship 2018
Circular No 267/2017 | Application for Declaratory Reliefs with
regard to Legal Professional Privilege: Malaysian Bar v Director
General of Inland Revenue Circular No 280/2017 | Malaysian Bar Annual Dinner & Dance
2018 (17 Mar 2018)
Organised by Bar Council, this event will be held from 7:00 pm
Circular No 268/2017 | Notification of Relocation of JLT onwards, at the Mandarin Oriental Hotel, Kuala Lumpur City Centre,
Malaysia’s Office and Website Downtime 50088 Kuala Lumpur, on 17 Mar 2018 (Saturday). Tickets are priced
at RM250 per person.
Circular No 269/2017 | Request for Feedback on Issues Relating
to Family Law Practice Circular No 281/2017 | IMLC 2018 | Raising the Bar:
Innovate.Integrate.Emulate (14 to 17 Aug 2018)
Raising the Bar: Innovate.Integrate.Emulate is the theme for the
Circular No 270/2017 | Briefing on Legal Profession Malaysian Bar’s IMLC 2018, to be held at The Royale Chulan Kuala
(Group Practice) Rules 2017, and Membersʼ Rights and Lumpur. Participants can choose a full 4-day package, or a 2-day
Obligations under the PII Policy, Negeri Sembilan (18 Dec 2017) domestic or international package. An exceptional early bird rate
Jointly organised by the Bar Council Small Firm Practice and Future awaits Members of the Malaysian Bar (until 30 Jan 2018). Click on
of Law Committee and the Negeri Sembilan Bar Committee, this the link above for more details, or visit the conference website at
briefing will be held at 2:30 pm to 6:00 pm, at Negeri Sembilan Bar www.imlc2018.com.
Secretariat, No 3 Jalan S2 D38, Magistrate’s Square, City Centre,
Seremban 2, 70300 Seremban, Negeri Sembilan, on 18 Dec 2017
(Monday). This event carries three CPD points, and the CPD code Circular No 282/2017 | Reissuance of Practising Certificates
is T3/18122017/BC/NS172777/3. Admission is free but advance with Serial Numbers
registration is required.

Circular No 283/2017 | CPD Camps 2018 (Selangor |

Circular No 271/2017 | Arahan Amalan Pengerusi PKCP 16 Jan 2018)
Bil 1, 2 dan 3 Tahun 2017 Organised by the Bar Council Continuing Professional Development
Department, the training sessions will be held in Selangor, on
16 Jan 2018 (Tuesday). Registration fee (inclusive of 6% GST)
Circular No 272/2017 | Request for Feedback on Issues Faced is RM27 per training topic.
by Small Firms

Circular No 284/2017 | Forum on Use of Social Media to Express

Circular No 273/2017 | Update | Formation of a Special Opinions on the Government and Public Institutions:
Committee to Formulate a Holistic Blueprint for the Legal When Is This a Criminal Offence? (14 Dec 2017)
Profession and Proposed Comprehensive Amendments to Co-organised by the Bar Council Constitutional Law Committee and
the LPA (29 Nov 2017) the Bar Council National Young Lawyers and Pupils Committee,
this forum will be held at 6:00 pm to 8:00 pm, at Raja Aziz Addruse
Auditorium, Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh
Circular No 274/2017 | Briefing on Legal Profession Pasar Besar, 50050 Kuala Lumpur, on 14 Dec 2017 (Thursday).
(Group Practice) Rules 2017, and Membersʼ Rights and This seminar carries one CPD point, and the CPD code is
Obligations under the PII Policy, Kedah (21 Dec 2017) T3/14122017/BC/BC177991/1. Admission is free but advance
Jointly organised by the Bar Council Small Firm Practice and Future registration is required.
of Law Committee and the Kedah Bar Committee, this briefing
will be held at 2:30 pm to 6:00 pm, at Kedah Bar Committee,
No 54 Jalan Utama 3/1, Kompleks Perniagaan Utama, Jalan Circular No 285/2017 | State-Level Briefings for Members
Sultanah Sambungan, 05350 Alor Setar, Kedah, on 21 Dec 2017 Regarding the Special Committee Established to Formulate
(Thursday). This event carries three CPD points, and the CPD code Comprehensive Amendments to the LPA (Kuala Lumpur |
is T3/21122017/BC/KDH172790/3. Admission is free but advance 11 Dec) (Terengganu | 12 Dec) (Negeri Sembilan | 14 Dec)
registration is required. (Kedah | 17 Dec)

88 JAN–MAR 2018
 UPDATES / NOTICES

Circular No 286/2017 | Update | Application for Declaratory Circular No 299/2017 | Revocation of Arahan Amalan Bil 3 to 8
Reliefs with Regard to Legal Professional Privilege: Malaysian of 2014
Bar v Director General of Inland Revenue (11 Dec 2017)

Circular No 300/2017 | Issuance of New Stamp Certificate

Circular No 287/2017 | Symposium on Constitutional Law: and Stamp Official Receipt for Payment of Stamp Duty through
Rule of Law in Jeopardy? (10 and 11 Jan 2018) STAMPS Effective from 1 Jan 2018
Organised by the Bar Council, in collaboration with the
Commonwealth Lawyers Association, this event will be held at
Raja Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A, Circular No 301/2017 | Procedure for Presentation at PTG WPKL
2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 10 and 11 Involving Payment of Quit Rent for 2018
Jan 2018 (Wednesday and Thursday). This event carries 12 CPD
points, and the CPD code is T3/1011012018/BC/BC184028/12.
Registration fee (inclusive of 6% GST) is RM150. Circular No 001/2018 | Amendments to Main Market Listing
Requirements and Ace Market Listing Requirements
Circular No 288/2017 | BAR WARS! (9 Jan 2018)
Organised by the Bar Council Intellectual Property Committee, Circular No 002/2018 | Seminar on Drafting Civil Cause Papers
this event will be held at 9:00 am to 5:30 pm, at Raja Aziz Addruse and Written Submissions (22 Jan 2018)
Auditorium, Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh Organised by the Bar Council National Young Lawyers and Pupils
Pasar Besar, 50050 Kuala Lumpur, on 9 Jan 2018 (Tuesday). This Committee, this seminar will be held at 2:30 pm to 5:30 pm, at
event carries six CPD points, and the CPD code is T3/09012018/BC/ Raja Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A,
BC184020/6. Registration fee for Members of the Bar is RM160. 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 22 Jan
2018 (Monday). This seminar carries two CPD points, and the CPD
Circular No 289/2017 | Arahan Pertukaran Yang Arif Hakim code is T3/22012018/BC/BC184033/2. Registration fee is RM20.
dan Pesuruhjaya Kehakiman Mahkamah Tinggi Bil 7/2017
Circular No 003/2018 | State-Level Briefings for Members
Circular No 290/2017 | Tarikh Permulaan Kuat Kuasa Pemakaian Regarding the Special Committee Established to Formulate
Akta Had Masa 1953 [Akta 254] di Wilayah Persekutuan Labuan Comprehensive Amendments to the LPA (Kedah | 14 Jan 2018)
(Penang | 17 Jan 2018)
Organised by the Bar Council, the briefings will be held in Kedah on
Circular No 291/2017 | Arahan Pertukaran Yang Arif Hakim dan 14 Jan 2018 (Sunday) and in Penang on 17 Jan 2018 (Wednesday).
Pesuruhjaya Kehakiman Mahkamah Tinggi Sabah dan Sarawak Admission is free but advance registration is required.
Bil 1/2018

Circular No 004/2018 | Latest Issue of Praxis (Oct–Dec 2017)

Circular No 292/2017 | Seminar on Practical Construction Law Available for Download on Malaysian Bar Website
for Practitioners (18 Jan 2018)
Organised by the Bar Council Arbitration and Construction
Law Committee, this seminar will be held at Raja Aziz Addruse Circular No 005/2018 | Orang Asli Outreach Trip to the Hulu
Auditorium, Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh Tamu Orang Asli Settlement, Kuala Kubu Bharu (24 Feb 2018)
Pasar Besar, 50050 Kuala Lumpur, on 18 Jan 2018 (Thursday). This Organised by the Bar Council Committee on Orang Asli Rights,
seminar carries five CPD points, and the CPD code is T3/18012018/ this event will be held at 9:30 am to 3:30 pm, at the Hulu Tamu
BC/BC184085/5. Registration fee for Members of the Bar is RM160. Orang Asli Settlement, Kuala Kubu Bharu, on 24 Feb 2018
(Saturday). Registration fee is RM100 (inclusive of 6% GST).
Circular No 293/2017 | Closure of E-Filing Service Bureau and
Final Date for Filing for 2017 Circular No 006/2018 | Introduction to the Legal Profession
(3 Feb 2018)
Organised by the Bar Council National Young Lawyers and Pupils
Circular No 294/2017 | Opening of the Legal Year 2018 Committee, this event will be held at 9:00 am to 4:00 pm, at Raja
Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A, 2nd
Circular No 295/2017 | E-Tanah WPKL System Inaccessible Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 3 Feb 2018
Due to Maintenance and Upgrading Works (22 and 27 Dec 2017) (Saturday). This event carries five CPD points, and the CPD code
is T3/03022018/BC/BC184031/5. Registration fee is RM30.

Circular No 296/2017 | Practising without a Practising Certificate

after 31 Dec 2017 Circular No 007/2018 | CPD Camps 2018 (Johore | 22 Feb 2018)
(Terengganu | 8 Mar 2018)
Organised by the Bar Council Continuing Professional Development
Circular No 297/2017 | Feedback on the Performance of Bar Department, the training sessions will be held in Johore on 22 Feb
Council Secretariat Staff 2018 (Thursday) and in Terengganu on 8 Mar 2018 (Thursday).
Registration fee (inclusive of 6% GST) is RM27 per training topic.

Circular No 298/2017 | Parenting for Legal Professionals:

A GPS for Modern-Day Parents (24 Jan 2018) Circular No 008/2018 | Talk on Mediation Advocacy —
Organised by the Bar Council Continuing Professional Development An Introduction, Pahang (20 Apr 2018)
Department, this event will be held at 3:00 pm to 5:00 pm, at Organised by the Bar Council Alternative Dispute Resolution
Raja Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A, Committee, this talk will be held at 2:30 pm to 5:30 pm, at Pahang
2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 24 Jan Bar Auditorium, B-64 Tingkat 1-A, Lorong Tun Ismail 6, Peti Surat
2018 (Wednesday). This event carries two CPD points, and the CPD 227, 25000 Kuantan, Pahang, on 20 Apr 2018 (Friday). This talk
code is T3/24012018/BC/BC184040/2. Registration fee (inclusive of carries two CPD points, and the CPD code is T3/20042018/BC/
6% GST) is RM30. PHG184021/2. Registration fee for Members of the Bar is RM53.

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Summary of Circulars

Circular No 009/2018 | State-Level Briefings for Members Circular No 018/2018 | Briefing on Legal Profession
Regarding the Special Committee Established to Formulate (Group Practice) Rules 2017, and Membersʼ Rights and
Comprehensive Amendments to the LPA, Melaka (25 Jan 2018) Obligations under the PII Policy, Kedah (4 Feb 2018)
Organised by the Bar Council, this briefing will be held at 3:00 pm to Jointly organised by the Bar Council Small Firm Practice and Future
5:00 pm, at Auditorium, Melaka Bar Committee, No 10 Jalan PPPS, of Law Committee and the Kedah Bar Committee, this briefing will
Pusat Perniagaan Putra Sentosa, Bukit Baru, 75150 Melaka, on 25 be held at 2:30 pm to 6:00 pm, at Kedah Bar Committee, No 54
Jan 2018 (Thursday). This event carries two CPD points, and the Jalan Utama 3/1, Kompleks Perniagaan Utama, Jalan Sultanah
CPD code is T3/25012018/BC/MLK184071/2. Admission is free but Sambungan, 05350 Alor Setar, Kedah, on 4 Feb 2018 (Sunday).
advance registration is required. This briefing carries three CPD points, and the CPD code is
T3/04022018/BC/KDH184073/3. Admission is free but advance
registration is required.
Circular No 010/2018 | Series of Seminars on Maritime Law
(6 Feb 2018)
Organised by the Bar Council Continuing Professional Development Circular No 019/2018 | Relocation of Industrial Court of Malaysia
Department, the seminars will be held at 2:00 pm to 5:15 pm, at at
Raja Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A,
2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 6, 13 and Circular No 020/2018 | IMLC 2018: Sponsorship Opportunities
27 Feb 2018. for Members and Law Firms
The International Malaysia Law Conference (“IMLC”) 2018, the
flagship event of the Malaysian Bar, will be held at The Royale
Circular No 011/2018 | Seminar on Current Issues Affecting Chulan Kuala Lumpur from 14 to 17 Aug 2018. In order to ensure
Conveyancing Practice (5 Feb 2018) that we are able to provide the best possible conference setting
Organised by the Bar Council Conveyancing Practice Committee, and the most engaging of topics and speakers, a significant level
this seminar will be held at 9:00 am to 5:30 pm, at Raja Aziz Addruse of funding and commercial sponsorship is required. As a session
Auditorium, Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh sponsor, you have the exclusive privilege of providing input, and
Pasar Besar, 50050 Kuala Lumpur, on 5 Feb 2018 (Monday). This selecting one speaker/moderator of your choice, for the session.
seminar carries six CPD points, and the CPD code is T3/05022018/ Besides sponsorship of sessions, there are additional avenues
BC/BC184044/6. Registration fee for Members of the Bar is RM150. of sponsorship that are set out in the Sponsorship & Advertising
Solutions 2018 Kit, which is available here. Click on the link
above for more details.
Circular No 012/2018 | Malaysia/Singapore Law Games and
Quadrangular Games 2018, Ipoh, Perak (28 to 30 Apr 2018)
Hosted by the Perak Bar Committee, the Malaysia/Singapore Law Circular No 021/2018 | General Information on Matters
Games will be held in Ipoh, Perak, from 28 to 30 Apr 2018 (Saturday Discussed at the 10th BC Meeting Held on 9 Dec 2017
to Monday). The Quadrangular Games 2018 between Bar Council
Malaysia, The Law Society of Singapore, the Advocates Association
of Sarawak and the Sabah Law Society will be held concurrently. Circular No 022/2018 | Special Guidelines for Handling Cases
on Sexual Offences against Children

Circular No 013/2018 | Invitation to the Opening Ceremony

for the New Malaysian Bar Building (9 Feb 2018) Circular No 023/2018 | Introductory Workshop on Holding a
Watching Brief (21 Mar 2018)
Organised by the Bar Council Child Rights Committee, this event
Circular No 014/2018 | Intermediate-Level Legal Forums will be held at 2:30 pm to 5:00 pm, at Raja Aziz Addruse Auditorium,
(25 Jan 2018) Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh Pasar Besar,
Organised by the Bar Council Continuing Professional Development 50050 Kuala Lumpur, on 21 Mar 2018 (Wednesday). This event
Department, the training sessions will be held in Kuala Lumpur on carries two CPD points, and the CPD code is T3/21032018/BC/
25 Jan 2018 (Thursday). Registration fee (inclusive of 6% GST) BC184065/2. Registration fee (inclusive of 6% GST) is RM30.
is RM64 per training topic.

Circular No 024/2018 | Intermediate-Level Legal Forums,

Circular No 015/2018 | 2018 Hotel Corporate Rates Selangor (9 Feb 2018)
As a Member of the Bar, you are entitled to enjoy preferential hotel Organised by the Bar Council Continuing Professional Development
corporate rates secured by Bar Council. We are pleased to provide Department, the training sessions will be held in Selangor on 9 Feb
you with a list of 2018 corporate rates for a wide selection of 77 2018 (Friday). Registration fee (inclusive of 6% GST) is RM64 per
hotels nationwide, to suit your accommodation needs. topic.

Circular No 016/2018 | Increase Your Law Firm’s Visibility! | Circular No 025/2018 | IMLC 2018 | Last Four Days to Enjoy
Advertise on the Malaysian Bar Website Early Bird Rates!

Circular No 017/2018 | Seminar on Recent Amendments to the Circular No 026/2018 | State-Level Briefings for Members
SRO 2005 and Introduction to the SRER 2016 (7 Feb 2018) Regarding the Special Committee Established to Formulate
Organised by the Bar Council Solicitors’ Remuneration Enforcement Comprehensive Amendments to the LPA, Perlis (12 Feb 2018)
Committee, this seminar will be held at 9:00 am to 12:45 pm, at Organised by the Bar Council, this briefing will be held at 2:30 pm
Raja Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A, to 4:30 pm, at Seminar Room, Badan Peguam Perlis No 15 Tingkat
2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 7 Feb 2018 Atas, Taman Guru Jaya, 01000 Kangar, Perlis, on 12 Feb 2018
(Wednesday). This seminar carries two CPD points, and the CPD (Monday). This briefing carries two CPD points, and the CPD code
code is T3/07022018/BC/BC184069/2. Registration fee for Members is T3/16012018/BC/KDH184047/2. Admission is free but advance
of the Bar is RM100. registration is required.

90 JAN–MAR 2018
 UPDATES / NOTICES

Circular No 027/2018 | Talk on Collaborative Law for Family Law Circular No 037/2018 | Preview on Building a High-Performance
Practitioners in Malaysia (23 Feb 2018) Culture with Crucial Conversations (23 Mar 2018)
Organised by the Bar Council Family Law Committee, this talk will Co-organised by the Bar Council Continuing Professional
be held at 5:30 pm to 7:30 pm, at Raja Aziz Addruse Auditorium, Development Department and Leadership Resources, this event will
Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh Pasar Besar, be held at 10:00 pm to 12:00 noon, at Raja Aziz Addruse Auditorium,
50050 Kuala Lumpur, on 23 Feb 2018 (Friday). This talk carries two Wisma Badan Peguam Malaysia, Unit 2-02A, 2nd Floor, 2 Leboh
CPD points, and the CPD code is T3/23022018/BC/BC184123/2. Pasar Besar, 50050 Kuala Lumpur, on 23 Mar 2018 (Friday).
Admission is free but advance registration is required. This event carries two CPD points, and the CPD code is
T3/23032018/BC/BC184064/2. Registration fee (inclusive of
6% GST) is RM53.
Circular No 028/2018 | IMLC 2018: Request for Adjournment
of Court Matters on 14 to 17 Aug 2018
Circular No 038/2018 | Invitation to Serve on the Panel
of Solicitors of Jabatan Bantuan Guaman
Circular No 029/2018 | Early Closure of the Bar Council
Secretariat and Library on 9 Feb 2018 (Friday)
Circular No 039/2018 | Civil Advocacy Course, Kuala Lumpur
(21 and 22 Apr 2018)
Circular No 030/2018 | Invitation to Attend YBGK Training Organised by the Bar Council Advocacy Training Committee,
(Part Three) Criminal Defence Advocacy, Selangor this course will be held in Kuala Lumpur, on 21 and 22 Apr 2018
(24 and 25 Feb 2018) (Saturday and Sunday). This course carries 12 CPD points, and the
Organised by the Bar Council YBGK Steering Committee, Part CPD code is T3/2122042018/PSDATC/KL184006/12. Registration
Three of this training will be held at 9:00 am to 5:00 pm, at Selangor fee (inclusive of 6% GST) for Members of the Bar is RM530.
Bar Auditorium, No 41 Jalan Bola Jaring 13/15, Seksyen 13, 40100
Shah Alam, Selangor, on 24 and 25 Feb 2018 (Saturday and
Sunday). Part Three of this training carries six CPD points, and the Circular No 040/2018 | Transactions Involving Price-Controlled
CPD code is T7/2425022018/YBGK/SEL184124/6. The training is Property for Low Cost Housing/ Medium-Low-Cost Housing/
free but advance registration is required. Rumah Selangorku and Low-Cost Shoplot/Industry in the State
of Selangor
Circular No 031/2018 | Pekeliling Ketua Pendaftar Bil 1 Tahun
2018 Circular No 041/2018 | Invitation to Join the 2018/2019 Sports
Season
Circular No 032/2018 | Malaysian Legal Market Visits
(Apr, May and June 2018) Circular No 042/2018 | Join us at IMLC 2018! (14-17 Aug 2018)
Raising the Bar: Innovate.Integrate.Emulate is the theme for the
Malaysian Bar’s IMLC 2018, to be held at The Royale Chulan
Circular No 033/2018 | Public Forum on Examining Issues
Kuala Lumpur.
Relating to Malapportionment, Gerrymandering and
Electoral Fraud (21 Feb 2018)
Participants can opt for:
Co-organised by the Bar Council Constitutional Law Committee
— 4-day full conference package (14 to 17 Aug);
and Bar Council National Young Lawyers and Pupils Committee,
— 2-day package, with sessions on either domestic issues
this forum will be held at 6:00 pm to 8:00 pm, at Raja Aziz
(14 to 15 Aug) or global issues (16 to 17 Aug); or
Addruse Auditorium, Wisma Badan Peguam Malaysia, Unit 2-02A,
— 1-day pass (applicable only on either 16 Aug or 17 Aug,
2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on 21 Feb
for sessions on global issues).
2018 (Wednesday). This forum carries two CPD points, and the
CPD code is T3/21022018/BC/BC184136/2. Admission is free but
Take advantage of these reduced rates, available until 15 Apr 2018:
advance registration is required.
— Members of the Malaysian Bar: RM1,650
— Members of the Malaysian Bar with fewer than 5 years in practice
Circular No 034/2018 | Seminar on Cross-Examination and pupils in chambers: RM1,210
(1 Mar 2018)
Organised by the Bar Council Continuing Professional Development Click on the link above for more details, or visit the conference
Department, this seminar will be held at 3:00 pm to 4:30 pm, at Raja website at www.imlc2018.com.
Aziz Addruse Auditorium, Wisma Badan Peguam Malaysia, Unit
2-02A, 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on
Circular No 043/2018 | Malaysian Bar Annual Dinner & Dance
1 Mar 2018 (Thursday). This seminar carries one CPD point, and the
2018 (17 Mar 2018) | Featuring Harith Iskander and Vijay David
CPD code is T3/01032018/BC/BC184130/1. Registration fee
The Malaysian Bar Annual Dinner & Dance 2018, themed “Retro
for Members of the Bar (inclusive of 6% GST) is RM80.
Rock Nite”, will be held from 7:00 pm onwards, at the Grand
Ballroom, Mandarin Oriental Hotel, Kuala Lumpur City Centre,
Circular No 035/2018 | Bar Council Industrial and Employment 50088 Kuala Lumpur, on 17 Mar 2018 (Saturday). Tickets are
Law Committee Dinner 2018 (9 Mar 2018) priced at RM250 per person (inclusive of 6% GST). The event will
Organised by the Bar Council Industrial and Employment Law feature world-class stand-up comedian Harith Iskander and one
Committee, this event will be held from 7:00 pm onwards, at of Malaysia’s top vocalists Vijay David. For bookings or enquiries,
Banquet Hall, Royal Lake Club Kuala Lumpur (Kelab Taman please contact Anne Andrew (03-2050 2013; anne@malaysianbar.
Perdana Diraja Kuala Lumpur), Taman Tasek Perdana, Jalan org.my), or Anthonia William (03-2050 2068; anthonia@
Cenderamulia, Off Jalan Parlimen, 50480 Kuala Lumpur, on malaysianbar.org.my).
9 Mar 2018 (Friday). Tickets are priced at RM200 per person
(inclusive of 6% GST).
Circular No 044/2018 | Criminal Trial Advocacy Course,
Kuala Lumpur (21 and 22 Apr 2018)
POSTPONED | Circular No 036/2018 | Talk on Leveraging IT Organised by the Bar Council Advocacy Training Committee,
for Law Firms (28 Feb 2018) this course will be held in Kuala Lumpur, on 21 and 22 Apr 2018
Please note that this talk has been postponed until further (Saturday and Sunday). This course carries 12 CPD points, and the
notice, due to unforeseen circumstances. We apologise for any CPD code is T3/2122042018/PSDATC/KL184007/12. Registration
inconvenience caused. fee (inclusive of 6% GST) for Members of the Bar is RM530.

JAN–MAR
JAN-MAR 2018 91
 UPDATES / NOTICES
Summary of Circulars

Circular No 045/2018 | Civil Advocacy Course, Alor Setar Circular No 052/2018 | Compliance with Malaysia Deposit
(11 and 12 May 2018) Insurance Corporation (Disclosure Requirements for Trust
Organised by the Bar Council Advocacy Training Committee, this Accounts and Joint Accounts) Regulations 2012
course will be held in Alor Setar, Kedah, on 11 and 12 May 2018
(Friday and Saturday). This course carries 12 CPD points, and the
CPD code is T3/1122052018/PSDATC/KDH184008/12. Registration Circular No 053/2018 | Update | Formation of a Special
fee (inclusive of 6% GST) for Members of the Bar is RM530. Consultative Committee to Formulate a Holistic Blueprint
for the Legal Profession and Proposed Comprehensive
Amendments to the Legal Profession Act 1976 (26 Feb 2018)
Circular No 046/2018 | Issuance of Consequential Amendments
to Main Market Listing Requirements and ACE Market Listing
Requirements Circular No 054/2018 | Invitation to Attend Yayasan Bantuan
Guaman Kebangsaan Training (Parts One and Two)
(Perak | 24 Mar 2018)
Circular No 047/2018 | Public Forum on Promoting Greater Organised by the Bar Council Yayasan Bantuan Guaman
Police Accountability in Malaysia (2 Mar 2018) Kebangsaan (“YBGK”) Steering Committee, Parts One and Two
Organised by the Bar Council Task Force on IPCMC and Police of this training will be held at 9:00 am to 6:00 pm, at Perak Bar
Accountability, this public forum will be held at 3:00 pm to 6:00 pm, Auditorium, 41 Jalan Dato Maharajalela, 30000 Ipoh, Perak, on
at Raja Aziz Addruse Auditorium, Wisma Badan Peguam Malaysia, 24 Mar 2018 (Saturday). Part One of this training carries two CPD
Unit 2-02A, 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on points, and the CPD code is T7/24032018/YBGK/PRK184173/2; and
2 Mar 2018 (Friday). Admission is free but advance registration Part Two of this training carries three CPD points, and the CPD code
is required. is T7/2403018/YBGK/PRK184174/3. The training is free but advance
registration is required.

Circular No 048/2018 | Seminar on Drafting Civil Cause Papers

and Written Submissions (7 Mar 2018) Circular No 055/2018 | Closure of the Bar Council Library on
Organised by the Bar Council National Young Lawyers and Pupils 17 Mar 2018 (Saturday)
Committee, this seminar will be held at 2:30 pm to 5:30 pm, at Raja
Aziz Addruse Auditorium, Wisma Badan Peguam Malaysia, Unit
2-02A, 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on Circular No 056/2018 | Report #1 on Continuing Professional
7 Mar 2018 (Wednesday). This seminar carries two CPD points, Development | CPD Training Events
and the CPD code is T3/07032018/BC/BC184168/2. Registration
fee is (inclusive of 6% GST) RM20.
Circular No 057/2018 | Employment Law Seminar, Penang
(28 Mar 2018)
Circular No 049/2018 | Expanding the Horizons of Your Practice: Co-organised by the Bar Council Industrial and Employment
Hong Kong — Where Legal Business Goes to Grow Law Committee and Penang Bar Committee, this seminar will be
(A Talk by InvestHK) (7 Mar 2018) held at 9:00 am to 5:00 pm, at Bayview Hotel Georgetown, 25-A
Organised by Bar Council, in cooperation with InvestHK, this talk Lebuh Farquhar, 10200 George Town, Penang, on 28 Mar 2018
will be held at 4:00 pm to 6:00 pm, at Raja Aziz Addruse Auditorium, (Wednesday). This seminar carries six CPD points, and the CPD
Wisma Badan Peguam Malaysia, Unit 2-02A, 2nd Floor, 2 Leboh code is T3/28032018/BC/PH184125/6. Registration fee (inclusive
Pasar Besar, 50050 Kuala Lumpur, on 7 Mar 2018 (Wednesday). of 6% GST) for Members of the Bar is RM200.
Admission is free but advance registration is required.

Circular No 058/2018 | Tax Treatment of Insurance Proceeds

Circular No 050/2018 | Power Projects — Project Delivery and Compensation | Inland Revenue Board Public Ruling
Models, Bankability and Sponsorsʼ Checklist (27 Mar 2018) No 8/2017 on Professional Indemnity Insurance
Organised by the Bar Council Continuing Professional Development
Department, this event will be held at 2:00 pm to 5:00 pm, at Raja
Aziz Addruse Auditorium, Wisma Badan Peguam Malaysia, Unit Circular No 059/2018 | Arahan Amalan Mahkamah Persekutuan
2-02A, 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, on Bil 1 Tahun 2018
27 Mar 2018 (Tuesday). This event carries three CPD points, and
the CPD code is T3/27032018/BC/BC184131/3. Registration fee
(inclusive of 6% GST) is RM80.

Circular No 051/2018 | 72nd Annual General Meeting of the

Malaysian Bar (17 Mar 2018)
The 72nd Annual General Meeting (“AGM”) of the Malaysian Bar will
take place at 10:00 am, at Grand Ballroom, Level 1, Convention
Centre, Renaissance Kuala Lumpur Hotel, Corner of Jalan Sultan
Ismail and Jalan Ampang, 50450 Kuala Lumpur, on 17 Mar 2018
(Saturday). Members of the Bar are urged to make every effort
to attend the AGM so that issues affecting the profession can be
effectively discussed by as many Members as possible. Members
will earn one CPD point for attending the AGM.

                                                                   

92 JAN–MAR 2018
 LIBRARY UPDATE

1 Sept 2017 to 31 Jan 2018

TITLE BILLS 2017 PUBLICATION

DATE PRINCIPAL ACT 1984
Access to Biological Resources and Benefit Sharing 27.7.2017 ACT NO: TITLE
Act 2017 [DR.24/2017]
Arbitration (Amendment) Act 2017 [DR.43/2017] 7.12.2017 ACT 313 NATIONAL FORESTRY ACT 1984
Care Centres (Amendment) Act 2017 [DR.36/2017] 7.12.2017 To provide for the administration, management and
conservation of forests and forestry development
Dangerous Drugs (Amendment) Act 2017 7.12.2017
within the States of Malaysia
[DR.45/2017]
w.e.f.: 1.4.1986 - Federal Territory of Kuala Lumpur
Dental Act 2017 [DR.46/2017] 7.12.2017 P.U.(B) 148/1986
Employment Insurance System Act 2017 3.8.2017 w.e.f.: 15.1.1994 - Federal Territory of Labuan
[DR.27/2017] P.U.(B) 27/1994
w.e.f.: 1.1.2018 - Federal Territory of Putrajaya
Employment Insurance System Act 2017 7.12.2017 P.U.(B) 609/2017
[DR.39/2017]
Finance (No. 2) Act 2017 [DR.40/2017] 7.12.2017
Income Tax (Amendment) Act 2017 [DR.42/2017] 7.12.2017
Intellectual Property Corporation of Malaysia
(Amendment) Act 2017 [DR.34/2017]
10.8.2017 PRINCIPAL ACT 2017
Labuan Business Activity Tax (Amendment) (No.2) 20.4.2017 ACT NO: TITLE
Act 2017 [DR.41/2017]
Law Reform (Marriage and Divorce) (Amendment) 10.8.2017 ACT 787 OFFENCES RELATING TO AWARDS ACT 2017
Act 2017 [DR.33/2017] An Act to provide for offences relating to awards and the
extra-territorial application of this Act and for connected
Legal Aid (Amendment) Act 2017 [DR.25/2017] 3.8.2017
matters.
Lembaga Kemajuan Johor Tenggara (Amendment) 27.7.2017
w.e.f.: 25.10.2017 – P.U.(B) 509/2017
Act 2017 [DR.23/2017]
Lembaga Kemajuan Kelantan Selatan (Amendment) 27.7.2017
Act 2017 [DR.22/2017] ACT 793 PADI CULTIVATORS (CONTROL OF RENT AND
Lembaga Kemajuan Terengganu Tengah 27.7.2017 SECURITY OF TENURE) ACT 1967 (REVISED 2017)
(Amendment) Act 2017 [DR.21/2017] An Act relating to the control of rent and security of
tenure of padi cultivators and incidental matters.
Lembaga Kemajuan Wilayah Kedah (Amendment) 27.7.2017
Act 2017 [DR.20/2017] Notes: S
 upersedes Padi Cultivators (Control of Rent and
Security of Tenure) Act 1967, [Act 528]
Malaysian Aviation Commission (Amendment) 10.8.2017 w.e.f.: 16.10.2017 – Revised edition 2017 pursuant to
Act 2017 [DR.32/2017] paragraph 6(1)(xxiii) of the Revision
Malaysian Maritime Enforcement Agency 7.12.2017 of Laws Act 1968 [Act 1]
(Amendment) Act 2017 [DR.37/2017]
Merchant Shipping (Amendment) Act 2017 10.8.2017
ACT 794 MARRIED WOMEN AND CHILDREN
[DR.28/2017]
(ENFORCEMENT OF MAINTENANCE) ACT 1968
Prevention of Crime (Amendment) Act 2017 27.7.2017 (REVISED 2017)
[DR.17/2017] An Act to provide for the enforcement of maintenance
Price Control and Anti-Profiteering (Amendment) 27.7.2017 orders.
Act 2017 [DR.18/2017] Notes: S
 upersedes Married Women and Children
(Enforcement of Maintenance) Act 1968, [Act 356]
Private Aged Healthcare Facilities and Services 7.12.2017
w.e.f.: 16.10.2017 – Revised edition 2017 pursuant to
Act 2017 [DR.35/2017]
paragraph 6(1)(xxiii) of the Revision
Securities Commission Malaysia (Amendment) 10.8.2017 of Laws Act 1968 [Act 1]
Act 2017 [DR.30/2017]
Stamp (Amendment) Act 2017 [DR.29/2017] 10.8.2017
ACT 795 ACCESS TO BIOLOGICAL RESOURCES AND
Supply Act 2018 [DR.38/2017] 7.12.2017 BENEFIT SHARING ACT 2017
Tabung Angkatan Tentera (Amendment) Act 2017 10.8.2017 An Act to implement the Convention on Biological
[DR.31/2017] Diversity and any protocol to the Convention
Trade Descriptions (Amendment) Act 2017 27.7.2017 dealing with access to biological resources and
[DR.19/2017] traditional knowledge associated with biological
resources and the sharing of benefits arising from
Tourism Industry (Amendment) Act 2017 7.12.2017 their utilisation and for matters connected
[DR.44/2017] therewith.
         Valuers, Appraisers and Estate Agents 3.8.2017 w.e.f.: N.Y.F
(Amendment) Act 2017 [DR.26/2017]

JAN–MAR 2018 93
UPDATES / NOTICES

ACT NO: TITLE ACT NO: TITLE

ACT 796 EMPLOYMENT (RESTRICTION) ACT 1968 ACT SUPPLY ACT 2018
(REVISED 2017) A1557 Notes: A
 n Act to apply a sum from the Consolidated Fund for
An Act to provide for the restriction of employment in the service of the year 2018 and to appropriate that
certain business activities in Malaysia of non- sum for the service of that year.
citizens and the registration of such non-citizens and for w.e.f.: 30.12.2017
matters connected therewith.
Notes: S
 upersedes Employment (Restriction) Act 1968,
[Act 353]
w.e.f.: 15.11.2017 – Revised edition 2017 pursuant to
AMENDING ACTS 2016
paragraph 6(1)(xxiii) of the Revision
of Laws Act 1968 [Act 1] ACT NO: TITLE

ACT EMPLOYEES PROVIDENT FUND (AMENDMENT)

ACT 797 SABAH PORTS AUTHORITY (CONSEQUENTIAL A1504 ACT 2016
PROVISIONS) ACT 1968 (REVISED 2017)
Notes: A
 mends ss.2,26,27,43,45,46,49,50,51,51A,54C,59,65,6
An Act to make provision for enabling the Sabah Ports 6,70C,70E,71,73
Authority to carry out its statutory function of  Inserts new ss.23A,23B,23C,23D,43A,55B,69A,70H
providing, maintaining and managing efficient port
w.e.f.: 1.4.2016 – ss.2,4,12,16,19,23,and paras.24(b) and (c)
services and facilities in Sabah, and for that of Act A1504 – [P.U.(B) 136/2016]
purpose to confer upon the Authority all necessary w.e.f.: 1.8.2016 – s s.3,5,7,8,9,10,17,18,24(a) of Act A1504 –
protection and powers in relation to matters about [P.U.(B) 320/2016]
which Parliament, but not the Legislature of the State w.e.f.: 1.1.2017 – s s.11,13,15,20,21 of Act A1504 -
of Sabah, has power to make laws. [P.U.(B) 507/2016]
w.e.f.: 1.1.2018 – ss.14,22 of Act A1504 - [P.U.(B) 604/2017]
Notes: S
 upersedes Sabah Ports Authority (Consequential w.e.f.: N.Y.F – ss.6 of Act A1504
Provisions) Act 1968, [Sabah No.25 of 1968]
w.e.f.: 15.11.2017 – Revised edition 2017 pursuant to ACT NATIONAL LAND CODE (AMENDMENT) ACT 2016
paragraph 6(1)(xxiii) of the Revision A1516 Notes: A
 mends ss.5,5D,14,15,16,42,43,46A,66,68A,71,
of Laws Act 1968 [Act 1] 75C, 80,92C,92D,95,101,122,124,160B,160C,166,
170,175F,183A,184A,185A,199,204B,204D,204E, 204G,
ACT 798 LOCAL AUTHORITIES (CONDITIONS OF SERVICE) 204GA,211,214A,241,254,281,294,305,323, 324, 325,32
6,330,333,344,351,377,378,383,390,396A, 400, 400A,40
ACT 1964 (REVISED 2017) 3,422,423,424,425,425A,426, 426A,
An Act to regulate the conditions of service of officers 427,428,428A,429A,429B,431A,432,433,433A,433B,
and servants of local authorities and to provide for a 433E,433H,434,436A
provident fund or funds for such officers and servants.  Inserts new ss.90A,96A,292A
Notes: S
 upersedes Local Authorities (Conditions of Service) w.e.f.: 1.1.2017– [ P.U.(B) 527/2016]
Act 1964, [Act No.9 of 1964] All sections except ss.34,35,45,48,49,56
w.e.f.: 15.11.2017 – Revised edition 2017 pursuant to and 76 of Act A1516 In the States of
paragraph 6(1)(xxiii) of the Revision Johore, Kedah, Kelantan, Melaka, Negeri
of Laws Act 1968 [Act 1] Sembilan, Pahang, Penang, Perak, Perlis,
Selangor and Terengganu
w.e.f.: 1.1.2017– [ P.U.(B) 531/2016]
ACT 799 MALAYSIAN BORDER SECURITY AGENCY All sections except ss.34,35,45,48,49,56
ACT 2017 and 76 of Act A1516 In the Federal Territory
An Act to provide for establishment of the Malaysian of Kuala Lumpur, the Federal Territory of
Border Security Agency, securing the Malaysia Putrajaya, the Federal Territory of Labuan
land border against any smuggling activities or other w.e.f: 21.7.2017– [P.U.(B)377/2017]
illegal activities and for connected matters. ss.34,76 of Act A1516 In the Federal
Territory of Kuala Lumpur, the Federal
w.e.f.: 29.12.2017 – [P.U.(B) 595/2017] Territory of Putrajaya, the Federal Territory
of Labuan.
ACT 800 EMPLOYMENT INSURANCE SYSTEM ACT 2017 w.e.f: 21.7.2017– [P.U.(B)378/2017]
An Act to provide for the Employment Insurance ss.34,76 of Act A1516 In the States
System administered by the Social Security of Johore, Kedah, Kelantan, Melaka,
Organization to provide certain benefits and a Negeri Sembilan, Pahang, Penang, Perak,
Perlis, Selangor and Terengganu
re-employment placement programme for insured
persons in the event of loss of employment which w.e.f: 30.8.2017– [P.U.(B)426/2017]
ss.35,45,48,49,56 of Act A1516 In the
will promote active labour market policies, and for Federal Territory of Kuala Lumpur, the
matters connected therewith. Federal Territory of Putrajaya,
w.e.f.: 1.1.2018 – [P.U.(B) 606/2017] the Federal Territory of Labuan.
w.e.f: 30.8.2017– [P.U.(B)427/2017]
ACT 801 FINANCE (NO. 2) ACT 2017 ss.35,45,48,49,56 of Act A1516 In the
States of Johore, Kedah, Kelantan, Melaka,
An Act to amend the Income Tax Act 1967, the Real Negeri Sembilan, Pahang, Penang, Perak,
Property Gains Tax Act 1976, the Goods and Perlis, Selangor and Terengganu
Services Tax Act 2014 and the Finance Act 2013
Notes: T
 he Income Tax Act 1967 [Act 53], the Real Property ACT LAND ACQUISITION (AMENDMENT) ACT 2016
Gains Tax Act 1976 [Act 169], the Goods and Services A1517 Notes: Amends ss.2,3,3C,3F,7,8,9,9A,12,14,21,22,23,26,28,
Tax Act 2014 [Act 762] and the Finance Act 2013 29,29A,31,32,32A,35,36,37,38,40B,43,48,49,51,52,53,55
[Act 755] are amended in the manner specified in ,57,58,59,60,65,66,69,Sch.1
Chapters II,III,IV and V respectively.  – IInserts new s.19A
w.e.f.: 1.1.2018 – ss.20,21,23 of Act 801 – [P.U.(B) 610/2017] w.e.f.: 1.12.2017 – [P.U.(B) 564/2017]
w.e.f.: 1.10.2018 – ss.22 of Act 801 – [P.U.(B) 610/2017] All sections except s.11 of Act A1517
w.e.f.: 3
 0.12.2017 and various dates as specified in the w.e.f.: N.Y.F –s .11 of Act A1517
respective chapters for each act amended.

94 JAN–MAR 2018
 UPDATES / NOTICES
LIBRARY UPDATE

ACT NO: TITLE ACT NO: TITLE

ACT STRATA TITLES (AMENDMENT) ACT 2016 ACT PRIVATE HIGHER EDUCATIONAL INSTITUTIONS
A1518 Notes: A
 mends long title,preamble,ss.4,4A,8,8A,9,9A,10,17, A1535 (AMENDMENT) ACT 2017
17A,20A,20B, heading of Part V,ss.25,33A,34, Notes: A
 mends ss.2,12,14,15,19,24,26,28,30,31,36,38,40,42,
35,heading of Part VIII,ss.56,57,81,Sch.5 43,44,46,51,54,61,62,76,77,78,79,82,83,85,
 Inserts new ss.4C,17B,Part IVA(ss.23A,23B,23C,  Inserts new ss.33A,40A,75A
23D,23E,23F,23G,23H,23I,23J),Part IVB(ss.23K,
23L,23M,23N,23O,23P),Part VIIIA(s.57A),Sch.7 w.e.f.: 28.11.2017 – [P.U.(B) 548/2017]
IDeletes s.19A
ACT STRATEGIC TRADE (AMENDMENT) ACT 2017
w.e.f.: 1.1.2017 – [ P.U.(B) 528/2016] A1537 Notes: A
 mends ss.2,9,10,11,12,14,18,21,23,24,33,40,41,
All sections except s.29 of Act A1518 45,55
In the Federal Territory of Kuala Lumpur,  Inserts new ss.12A,25A,50A
the Federal Territory of Putrajaya, the
Federal Territory of Labuan w.e.f.: 8.9.2017 – [ P.U.(B) 433/2017]
w.e.f.: 1.1.2017 – [ P.U.(B) 532/2016] ACT DOMESTIC VIOLENCE (AMENDMENT) ACT 2017
All sections except s.29 of Act A1518 In A1538 Notes: A
 mends ss.2,4,5,6,heading of Part III,
the States of Johore, Kedah, Kelantan, ss.11,12A,13,14,17,17A,19
Melaka, Negeri Sembilan, Pahang,
 Inserts new Part IA (ss.3A,3B,3C,3D,3E,3F),s.13A
Penang, Perak, Perlis, Selangor and
Terengganu w.e.f.: 1.1.2018 – [ P.U.(B) 601/2017]
w.e.f.: 1.1.2018 – [ P.U.(B) 560/2017] – s.29 of Act A1518
In the States of Johore, Kedah, Kelantan,
ACT SECURITIES COMMISSION MALAYSIA
Melaka, Negeri Sembilan, Pahang, A1539 (AMENDMENT) ACT 2017
Penang, Perak, Perlis, Selangor and Notes: Amends ss.31A,31B,31C,31EA,31H,31O,31Q,159
Terengganu w.e.f.: 24.11.2017 – [P.U.(B) 547/2017]
w.e.f.: 1.1.2018 – [ P.U.(B) 561/2017] – s.29 of Act A1518
In the Federal Territory of Kuala Lumpur, ACT LEMBAGA KEMAJUAN TERENGGANU TENGAH
the Federal Territory of Putrajaya, the A1540 (AMENDMENT) ACT 2017
Federal Territory of Labuan
Notes: Amends ss.2,5,12,13,14,16A,22,Sch.1
 Inserts new ss.5A,28A,32A,Sch.3
Deletes ss.16B,16C,16D,16E,16F,16G,16H
AMENDING ACTS 2017 w.e.f.: 15.11.2017 – P.U.(B) 530/2017

ACT NO: TITLE ACT LEMBAGA KEMAJUAN WILAYAH KEDAH

A1541 (AMENDMENT) ACT 2017
ACT EMBLEMS AND NAMES (PREVENTION OF Notes: Amends ss.2,5,12,13,14,16A,Sch.1
A1525 IMPROPER USE) (AMENDMENT) ACT 2017  Inserts new ss.5A,28A,32A,Sch.3
Notes: Amends s.5 Deletes ss.16B,16C,16D,16E,16F,16G,16H,34,35
w.e.f.: 25.10.2017 – P.U.(B) 508/2017 w.e.f.: 15.11.2017 – P.U.(B) 531/2017

ACT CONSUMER PROTECTION (AMENDMENT) ACT 2017 ACT LEMBAGA KEMAJUAN JOHOR TENGGARA
A1533 A1542 (AMENDMENT) ACT 2017
Notes: A
 mends ss.3,123,125,131,136,137,138,139,146,150
Inserts new Part IIIB (ss.24K,24L,24M,24N,24O,24P, Notes: Amends ss.2,5,12,13,16A,22,Sch.1
24Q,24R,24S,24T,24U,24V,24W,24X,24Y,24Z, 24AA), Inserts new ss.5A,28A,32A,Sch.3
ss.123A,124A,124B,124C,124D,124E,126A,126B, Deletes ss.16B,16C,16D,16E,16F,16G,16H
134A,134B,135A,
w.e.f.: 15.11.2017 – P.U.(B) 532/2017
 IDeletes ss.128,129,130
w.e.f.: 1.1.2018 – P.U.(B) 569/2017 ACT LEMBAGA KEMAJUAN KELANTAN SELATAN
A1543 (AMENDMENT) ACT 2017
ACT BANKRUPTCY (AMENDMENT) ACT 2017 Notes: Amends ss.2,5,12,13,14,16A,22,Sch.1
A1534 Notes: A
 ll references to the Bankruptcy Act 1967 in any  Inserts new ss.5A,28A,32A,Sch.3
written law or document shall, when this Act comes into Deletes ss.16B,16C,16D,16E,16F,16G,16H
operation, be construed as reference to the Insolvency
Act 1967. w.e.f.: 15.11.2017 – P.U.(B) 533/2017
 General amendment:
a. Amends by substituting for the word “receiving”, ACT PRICE CONTROL AND ANTI-PROFITEERING
wherever appearing in ss.4,10,13,17,40,41,43, A1544 (AMENDMENT) ACT 2017
44,50,51,54,73,84,93,100,110,111,112,113,115, Notes: Amends s.28
121,122,125,Schs.A,C, the word “bankruptcy”;
and Inserts new ss.10B,10C
b. Amends by substituting for the word w.e.f.: 1.1.2018 – P
 .U.(B) 586/2017
“debtor”, wherever appearing in
ss.17,71,115,116,118,Schs.A,C, ACT TRADE DESCRIPTIONS (AMENDMENT) ACT 2017
the word “bankrupt”. A1545 Notes: Amends ss.2,3,15
 Amends long title,ss.1,2,heading of Part
I,s.3,subheading before s.4, ss.4,5,6,7,8,12,subheading w.e.f.: 1.11.2011 – s.3 of Act A1545
before s.15,ss.15,16,subheading before w.e.f.: 1.1.2018 –P
 .U.(B) 587/2017 – ss.2,4 of Act A1545
s.17,ss.17,18,subheading before s.24,ss.27,28,29,
30,31,32,33,33A, 33B,36,38,45,47,49,55,62,72,73, ACT LAW REFORM (MARRIAGE AND DIVORCE)
77,84A,104,105,106,108,109,114,134,heading
before s.135,s.135 A1546 (AMENDMENT) ACT 2017
 Inserts new ss.2A-2Q,33C,77A Notes: Amends ss.3,12,51,76,95
Deletes ss.9,14,19,20,21,22,23,24,26,Sch.B Inserts new s.51A
w.e.f.: 6.10.2017 – P.U.(B) 466/2017 w.e.f.: N.Y.F

JAN–MAR 2018 95
UPDATES / NOTICES

ACT NO: TITLE ACT NO: TITLE

ACT TABUNG ANGKATAN TENTERA (AMENDMENT) ACT

ACT LABUAN BUSINESS ACTIVITY TAX (AMENDMENT)
A1547 2017
A1555 (NO. 2) ACT 2017
Notes: Amends ss.2,3,9,9A,11,12,22
Notes: Amends s.21
 Inserts new s.15D
w.e.f.: 30.12.2017
w.e.f.: 1.11.2017 – P.U.(B) 521/2017

ACT LEGAL AID (AMENDMENT) ACT 2017

A1548 ACT INCOME TAX (AMENDMENT) ACT 2017
Notes: A
 mends ss.2,15,16,18,29,32
A1556 Notes: Amends ss.112A,113A,119B
Inserts new Part IA(ss.2A,2B), Part VB
(ss.29G,29H,29I),Sch.5 w.e.f.: 30.12.2017
Deletes s.16B
w.e.f.: 1.12.2017 – [P.U.(B) 562/2017]
ACT DANGEROUS DRUG (AMENDMENT) ACT 2017
ACT PREVENTION OF CRIME (AMENDMENT) ACT 2017 A1558 Notes: Amends s.39B
A1549 Notes: Amends ss.7A,7B,9,10,12,15A,19A,19B,21 w.e.f.: N.Y.F
Inserts new ss.4A,10A,19H,Sch.4
Deletes ss.6,11
w.e.f.: 15.12.2017 – P.U.(B) 577/2017

ACT VALUERS, APPRAISERS AND ESTATE AGENTS

A1550 (AMENDMENT) ACT 2017 AMENDING
Notes: A
 ll references to the Valuers, Appraisers and Estate
Agents Act 1981 in any written law or document shall, ACT NO: TITLE
on the coming into operation of this Act, be construed as
reference to the Valuers, Appraisers, Estate Agents and
Property Managers Act 1981 ACT MALAYSIAN AVIATION COMMISSION
Amends long title, ss.1,2,heading of Part III,ss.9,10, A1559 (AMENDMENT) ACT 2018
12,14,15,15A,16,17,17A,18,19,21,22A,22B,22C,22D,
22E, 23,24,25,26,30,30A,30B,30C,31A Notes: Amends ss.2,18,36,65,66,69,98
Inserts new Part VB(ss.22F,22G,22H,22I,22J),30A  Inserts new s.98A
w.e.f.: 2.1.2018 – [P.U.(B) 605/2017] w.e.f.: N.Y.F

ACT MERCHANT SHIPPING (AMENDMENT) ACT 2017

A1551 Notes: G  eneral amendment: ACT INTELLECTUAL PROPERTY CORPORATION OF
a. Amends by substituting for the words “steamer” and A1560 MALAYSIA (AMENDMENT) ACT 2018
“steamship” wherever appearing the word “ship”; and Notes: Inserts new s.35A
b. Amends by substituting for the words “steamers” and
“steamships” wherever appearing the word “ships” w.e.f.: 11.1.2018
Amends ss.2,10,Part IIA (ss.11-65),Part IIB
(ss.65A-65U), Part IIC (ss.66-66G)
Inserts new s.10A ACT MALAYSIAN MARITIME ENFORCEMENT AGENCY
Deletes ss.3,473,473B,474,475,476,477,478, A1561 (AMENDMENT) ACT 2018
479,480,481,482,483,483A,483B,483C,484,485, Notes: Amends ss.10,11,18
Schs.11,12,13,15 Inserts new ss.5A,5B,5C,5D,7A,
w.e.f.: N.Y.F w.e.f.: 11.1.2018

ACT LAND PUBLIC TRANSPORT (AMENDMENT)

A1552 ACT 2017 ACT TOURISM INDUSTRY (AMENDMENT) ACT 2018
Notes: A
 mends ss.2,21,34,51,79,144,166,167,169,171, A1562
194,195,196,197,199,200,210,216,230,237,245, Notes: Amends ss.2,5,8,9,10,11,15,32,34,37,39,49
251, 252,253,255,256,Sch.1 w.e.f.: N.Y.F
 Inserts new Chapter 2A of Part II
(ss.12A-12G),241A,Sch.3
w.e.f.: N.Y.F ACT ARBITRATION (AMENDMENT) ACT 2018
A1563 Notes: G
 eneral Amendment: Amends by substituting for the
ACT COMMERCIAL VEHICLES LICENSING BOARD words “Kuala Lumpur Regional Centre for Arbitration”
A1553 (AMENDMENT) ACT 2017 wherever appearing the words “Asian International
Notes: A
 mends ss.2,10,14,26,27,30,31,33,36,37,42,4 Arbitration Centre (Malaysia)”.
4B,46,47,52,56 Inserts new Part IVA (ss.26A-26G),43A  All references to the Kuala Lumpur Regional Centre
for Arbitration in any written law or in any instrument,
w.e.f.: N.Y.F deed, title, document, bond, agreement or working
arrangement subsisting immediately before the coming
ACT PRIVATE EMPLOYMENT AGENCIES (AMENDMENT) into operation of this Act shall, when this Act comes into
A1554 ACT 2017 operation, be construed as a reference to the Asian
International Arbitration Centre (Malaysia).
Notes: A
 mends ss.2,3,4,6,7,8,9,10,11,13,14,18,19,21,26,27,
28,30,31,32,Sch. w.e.f.: N.Y.F
 Inserts new ss.4A,9A,9B,11A,13A-13G,
14A-14F,19A,27A
Deletes ss.5,15,16,17,20,22,24,25,29
w.e.f.: N.Y.F

96 JAN–MAR 2018
 UPDATES / NOTICES
LIBRARY UPDATE

LATEST INDEX TO P.U.(A) SERIES 2017

[P.U.(A) 244/2017 – P.U.(A) 452/2017]

As at 31 Jan 2018

TITLE P.U.(A) NO TITLE P.U.(A) NO

ANTI-MONEY LAUNDERING, ANTI-TERRORISM 423/2017 CAPITAL MARKETS AND SERVICES ACT 2007 390/2017
FINANCING AND PROCEEDS OF UNLAWFUL [ACT 671]
ACTIVITIES ACT 2001 [ACT 613] CAPITAL MARKETS AND SERVICES
ANTI-MONEY LAUNDERING, ANTI-TERRORISM (PRESCRIPTION OF SECURITIES AND ISLAMIC
FINANCING AND PROCEEDS OF UNLAWFUL SECURITIES) (INVESTMENT NOTE AND ISLAMIC
ACTIVITIES (AMENDMENT OF FIRST AND SECOND INVESTMENT NOTE) (AMENDMENT) ORDER 2017
SCHEDULES) ORDER 2017
Issued under s.5, Capital Markets and Services
Issued under s.85, Anti-Money Laundering, Act 2007
Anti-Terrorism Financing and Proceeds of Unlawful
Notes: Amends
 para.2, Capital Markets And Services
Activities Act 2001 (Prescription of Securities and Islamic Securities)
Notes: A
 mends Schs.1,2, Anti-Money Laundering, (Investment Note and Islamic Investment Note)
Anti-terrorism Financing and Proceeds of Unlawful Order 2016, [P.U.(A) 126/2016]
Activities Act 2001 w.e.f:- 22.12.2017
w.e.f: 2
 .1.2018

CENTRAL BANK OF MALAYSIA ACT 2009 318/2017

ANTI-MONEY LAUNDERING, ANTI-TERRORISM 424/2017 [ACT 701]
FINANCING AND PROCEEDS OF UNLAWFUL CENTRAL BANK OF MALAYSIA (IMPLEMENTATION
ACTIVITIES ACT 2001 [ACT 613]
OF THE UNITED NATIONS SECURITY COUNCIL
ANTI-MONEY LAUNDERING, ANTI-TERRORISM RESOLUTIONS RELATING TO LIBYA)
FINANCING AND PROCEEDS OF UNLAWFUL REGULATIONS 2017
ACTIVITIES (INVOCATION OF PART IV)
Issued under s.82, Central Bank of Malaysia Act 2009
ORDER 2017
Notes: Revokes
 the Central Bank of Malaysia (Implementation
Issued under s.8(1), Anti-Money Laundering, of the United Nations Security Council Resolutions
Anti-Terrorism Financing and Proceeds of 1970 (2011), 1973 (2011), 2009 (2011), 2016 (2011),
Unlawful Activities Act 2001 2017 (2011) and 2040 (2012) Relating to Libya)
Regulations 2012, [P.U. (A) 328/2012]
Notes: Invokes
 the provisions of Part IV of the Act on any
reporting institution carrying out any activity specified in w.e.f: 1
 8.10.2017
paragraph 25 of the First Schedule of the Act.
w.e.f: 2
 .1.2018
CENTRAL BANK OF MALAYSIA ACT 2009 349/2017
[ACT 701]
AUDIT ACT 1957 [ACT 62] 294/2017 CENTRAL BANK OF MALAYSIA (IMPLEMENTATION
AUDIT (ACCOUNTS OF COMPANIES) ORDER 2017 OF THE UNITED NATIONS SECURITY COUNCIL
Issued under para.5(1)(d), Audit Act 1957 RESOLUTIONS RELATING TO THE REPUBLIC OF
and art.106(2), Federal Constitution IRAQ) REGULATIONS 2017
Notes: R
 evokes the Audit (Accounts of Companies) Issued under s.82, Central Bank of Malaysia Act 2009
Order 2013, [P.U.(A) 326/2013]
w.e.f: 1
 6.11.2017
w.e.f: 1
 .10.2017

CHILD ACT 2001 [ACT 611] 290/2017

CAPITAL MARKETS AND SERVICES ACT 2007 306/2017
CHILD (APPROVED SCHOOL) REGULATIONS 2017
[ACT 671]
Issued under ss.82,128, Child Act 2001
CAPITAL MARKETS AND SERVICES (FEES)
Notes: R
 evokes the Approved School Regulations 1981,
(AMENDMENT) REGULATIONS 2017 [P.U.(A) 375/1981]
Issued under s.378(2)(b), Capital Markets and Services w.e.f: 1
 .10.2017
Act 2007
Notes: A
 mends reg.9, Schs.1,5,8,10, Capital Markets And
Services (Fees) Regulation 2012, [P.U. (A) 483/2012] CHILD ACT 2001 [ACT 611] 287/2017
w.e.f: 1
 0.10.2017
CHILD (FAMILY BASED CARE) REGULATIONS 2017
Issued under s.128, Child Act 2001
w.e.f: 1
 .10.2017

JAN–MAR 2018 97
UPDATES / NOTICES

TITLE P.U.(A) NO TITLE P.U.(A) NO

CHILD ACT 2001 [ACT 611] 288/2017 CONSTITUTION (AMENDMENT) (NO. 2) 330/2017
CHILD (FIT AND PROPER PERSON) (AMENDMENT) ACT 1984 [ACT A585]
REGULATIONS 2017 FEDERAL TERRITORY OF LABUAN (EXTENSION
Issued under paras.128(2)(h) and (i), Child Act 2001 AND MODIFICATION OF LIMITATION ACT 1953)
Notes: Inserts new reg.1A, Child (Fit and Proper Person) ORDER 2017
Regulations 2009, [P.U.(A) 100/2009]
Issued under s.7, Constitution (Amendment)
w.e.f: 1
 .10.2017
(No. 2) Act 1984
Notes: E
 xtends the Limitation Act 1953 [Act 254] to the
CHILD ACT 2001 [ACT 611] 292/2017 Federal Territory of Labuan
CHILD (PLACE OF REFUGE) REGULATIONS 2017 Modifies the extended Act in the manner as set out in
Issued under ss.82,128, Child Act 2001 the Schedule
Repeals the Limitation Ordinance 1952 [Sabah Cap.72]
Notes: R
 evokes the Women and Girls Protection in its application to the Federal Territory of Labuan
(Places of Refuge) Rules 1982, [P.U.(A) 391/1982]
w.e.f: 2
 7.10.2017
w.e.f: 1
 .10.2017

CHILD ACT 2001 [ACT 611] 291/2017 CONSUMER PROTECTION ACT 1999 [ACT 599] 322/2017
CHILD (PLACE OF SAFETY) REGULATIONS 2017 CONSUMER PROTECTION (CREDIT SALE)
Issued under ss.82,128, Child Act 2001 REGULATIONS 2017
Notes: R
 evokes the Child (Places of Safety) Regulations 2007, Issued under s.24AA, Consumer Protection Act 1999
[P.U.(A) 368/2007]
Notes: R
 evokes the Consumer Protection (Credit Sale)
w.e.f: 1
 .10.2017 Regulations 2012, [P.U.(A) 89/2012]
w.e.f: 1
 .1.2018
CHILD ACT 2001 [ACT 611] 289/2017
CHILD (PROBATION HOSTEL) REGULATIONS 2017
CONTROL OF SUPPLIES ACT 1961 [ACT 122] 312/2017
Issued under ss.61(2),128, Child Act 2001
Notes: Revokes
 the Probation Hostel Regulations 1982, CONTROL OF SUPPLIES (CONTROLLED ARTICLES)
[P.U.(A) 370/1982] (NO. 5) ORDER 2017
w.e.f: 1
 .10.2017 Issued under s.5, Control of Supplies Act 1961
w.e.f: 1
 3.10.2017-22.10.2017
CIVIL AVIATION ACT 1969 [ACT 3] 320/2017
CIVIL AVIATION (EXEMPTION) REGULATIONS 2017
CONTROL OF SUPPLIES ACT 1961 [ACT 122] 407/2017
Issued under para.3(2)(p), Civil Aviation Act 1969
CONTROL OF SUPPLIES (CONTROLLED ARTICLES)
Notes: E
 xempts MAB Leasing Limited from payment of the
fees and charges under paragraph 1 of the Schedule (NO. 6) ORDER 2017
to the Civil Aviation (Fees and Charges) Regulations
2016 [P.U. (A) 99/2016] in relation to application for
Issued under s.5, Control of Supplies Act 1961
certificate of registration for aircrafts specified in the w.e.f: 2
 3.12.2017 - 27.12.2017
Schedule.
w.e.f: 2
 0.10.2017
COUNSELLORS ACT 1998 [ACT 580] 276/2017
CO-OPERATIVE SOCIETIES ACT 1993 [ACT 502] 309/2017 COUNSELLORS (FEES) REGULATIONS 2017
CO-OPERATIVE SOCIETIES (ASSUMPTION OF Issued under para.49(1)(h), Counsellors Act 1998
CONTROL) (APPOINTMENT) (NO. 2) ORDER 2017 w.e.f: 4
 .10.2017
Issued under s.69(2), Co-operative Societies Act 1993
w.e.f: 1
 2.10.2017-11.10.2019 or until a Board is elected
COUNTERVAILING AND ANTI-DUMPING DUTIES 404/2017
under the by-laws of the co-operative society,
whichever is earlier. ACT 1993 [ACT 504]
CUSTOMS (ANTI-DUMPING DUTIES)
CO-OPERATIVE SOCIETIES ACT 1993 [ACT 502] 331/2017 (ADMINISTRATIVE REVIEW) (AMENDMENT)
CO-OPERATIVE SOCIETIES (ASSUMPTION OF ORDER 2017
CONTROL) (REVOCATION OF APPOINTMENT) Issued under s.28, Countervailing and Anti-Dumping
ORDER 2017 Duties Act 1993 and s.11(1), Customs Act 1967
Issued under s.69(2), Co-operative Societies Act 1993 Notes: A
 mends Sch., Customs (Anti-Dumping Duties)
(Administrative Review) Order 2016,
Notes: R
 evokes the appointment of Datuk Haji Md Yusof bin [P.U.(A) 239/2016]
Samsudin in the Co-operative Societies (Assumption
of Control) (Appointment) Order 2017, w.e.f: 1
 .8.2017
[P.U.(A) 161/2017]
w.e.f: 1
 9.6.2017
COUNTERVAILING AND ANTI-DUMPING DUTIES 310/2017
COMPANIES ACT 2016 [ACT 777] 381/2017 ACT 1993 [ACT 504]
COMPANIES (PRESCRIBED INTEREST FOR CUSTOMS (PROVISIONAL ANTI-DUMPING DUTIES)
ISLAMIC SECURITIES SELLING AND BUYING ORDER 2017
NEGOTIATED TRANSACTION) REGULATIONS 2017 Issued under s.24, Countervailing and Anti-Dumping
Issued under para.613(1)(d), Companies Act 2016 Duties Act 1993 and s.11(1), Customs Act 1967
w.e.f:- 1
 2.12.2017 w.e.f: 1
 2.10.2017-8.2.2018

98 JAN–MAR 2018
 UPDATES / NOTICES
LIBRARY UPDATE

TITLE P.U.(A) NO TITLE P.U.(A) NO

CUSTOMS ACT 1967 [ACT 235] 404/2017 EMPLOYEES PROVIDENT FUND ACT 1991 269/2017
CUSTOMS (ANTI-DUMPING DUTIES) [ACT 452]
(ADMINISTRATIVE REVIEW) (AMENDMENT) EMPLOYEES PROVIDENT FUND (AMENDMENT)
ORDER 2017 RULES 2017
Issued under s.11(1), Customs Act 1967 and s.28, Issued under s.73, Employees Provident Fund
Countervailing and Anti-Dumping Duties Act 1993 Act 1991
Notes: A
 mends Sch., Customs (Anti-Dumping Duties) Notes: A
 mends rules 2,41,Employees Provident Fund
(Administrative Review) Order 2016, Rules 1991, [P.U.(A) 493/1991]
[P.U.(A) 239/2016]
w.e.f: 2
 7.9.2017
w.e.f: 1
 .8.2017

CUSTOMS ACT 1967 [ACT 235] 321/2017 EMPLOYEES PROVIDENT FUND ACT 1991 430/2017
CUSTOMS (PROHIBITION OF EXPORTS) [ACT 452]
(AMENDMENT) ORDER 2017 EMPLOYEES PROVIDENT FUND (AMENDMENT
Issued under s. 31(1), Customs Act 1967 OF THIRD SCHEDULE) ORDER 2017
Notes: A
 mends para.7,Schs.2,3, Customs (Prohibition Issued under s.74, Employees Provident Fund
of Exports) Order 2017, [P.U. (A) 102/2017] Act 1991
w.e.f: 2
 3.10.2017 Notes: Amends Sch.3, Employees Provident Fund Act 1991
w.e.f: 1
 .1.2018
CUSTOMS ACT 1967 [ACT 235] 310/2017
CUSTOMS (PROVISIONAL ANTI-DUMPING DUTIES)
EMPLOYEES PROVIDENT FUND ACT 1991 301/2017
ORDER 2017
[ACT 452]
Issued under s.11(1), Customs Act 1967 and s.
EMPLOYEES PROVIDENT FUND (CONDUCT
24, Countervailing and Anti-Dumping Duties Act 1993
AND DISCIPLINE) (AMENDMENT) RULES 2017
w.e.f: 1
 2.10.2017-8.2.2018
Issued under para.73(m), Employees Provident Fund
CUSTOMS ACT 1967 [ACT 235] 353/2017 Act 1991
Notes: G
 eneral amendment: Amends by substituting for the
CUSTOMS DUTIES (EXEMPTION) (AMENDMENT) words ”General Manager” wherever appearing the
(NO. 5) ORDER 2017 words “chief executive officer”, Employees Provident
Fund (Conduct and Discipline) Rules 1993,
Issued under s.14(1), Customs Act 1967 [P.U.(A) 178/1993]
Notes: A
 mends Sch., Customs Duties (Exemption)
 Amends rules 3,5,6,8,9,10,11,12,13,14,19,20,21,23,
Order 2013, [P.U.(A) 371/2013]
24,25,26,27,28,29,30,31,32,33,36,37,38,39,40,41,42,
w.e.f: 1
 7.11.2017 43,44,46,47,48,49,50
Inserts new rules 3A,44A
CUSTOMS ACT 1967 [ACT 235] 445/2017 w.e.f: 6
 .10.2017
CUSTOMS DUTIES (EXEMPTION) ORDER 2017
Issued under s.14(1), Customs Act 1967
EMPLOYEES’ SOCIAL SECURITY ACT 1969 334/2017
Notes: R
 evokes the Customs Duties (Exemption) Order 2013, [ACT 4]
[P.U.(A) 371/2013]
w.e.f: 3
 .1.2018
EMPLOYEES SOCIAL SECURITY
(SUPPLEMENTARY SUPPLY) (2016)
DANGEROUS DRUGS ACT 1952[ACT 234] 267/2017 REGULATIONS 2017
DANGEROUS DRUGS (AMENDMENT OF FIRST Issued under s.72, Employees’ Social Security
SCHEDULE) ORDER 2017 Act 1969
w.e.f: 1
 .1.2016
Issued under s.45A, Dangerous Drugs Act 1952
Notes: Amends Sch.1, Dangerous Drugs Act 1952
w.e.f: 2
 2.9.2017 EMPLOYEES’ SOCIAL SECURITY ACT 1969 333/2017
[ACT 4]
EDUCATION ACT 1996 [ACT 550] 417/2017 EMPLOYEES’ SOCIAL SECURITY (SUPPLY)
EDUCATION (TERMS OF EDUCATIONAL REGULATIONS 2017
INSTITUTIONS YEAR 2018) REGULATIONS 2017 Issued under s.72, Employees’ Social Security
Issued under para.130(2)(b), Education Act 1996 Act 1969
Notes: T
 hese Regulations shall apply to attendance at w.e.f: 1
 .1.2017
educational institutions for the year 2018.
w.e.f: 28.12.2017
EMPLOYMENT INSURANCE SYSTEM ACT 2017 452/2017
[ACT 800]
ELECTRICITY SUPPLY ACT 1990 [ACT 447] 327/2017
EMPLOYMENT INSURANCE SYSTEM
ELECTRICITY SUPPLY (COMPOUNDING OF
(REGISTRATION AND CONTRIBUTION)
OFFENCES) REGULATIONS 2017
REGULATIONS 2017
Issued under s.43(1), Electricity Supply Act 1990
Issued under paras.85(2)(a),(h), Employment
Notes: R
 evokes the Electricity Supply (Compounding of
Offences) Regulations 2001, [P.U.(A) 408/2001] Insurance System Act 2017
w.e.f: 2
 5.10.2017 w.e.f: 1.1.2018

JAN–MAR 2018 99
UPDATES / NOTICES

TITLE P.U.(A) NO TITLE P.U.(A) NO

EXCISE ACT 1976 [ACT 176] 250/2017

FEDERAL ROADS ACT 1959 [ACT 376] 324/2017
EXCISE DUTIES (AMENDMENT) (NO. 2)
FEDERAL ROADS (WEST MALAYSIA)
ORDER 2017 (AMENDMENT) (NO. 5) ORDER 2017
Issued under s.6(1), Excise Act 1976 Issued under s.3, Federal Roads Act 1959
Notes: A
 mends Sch., Excise Duties Order 2017,
Notes: A
 mends Sch.3, Federal Roads (West Malaysia)
[P.U.(A) 92/2017]
Order 1989, [P.U. (A) 401/1989]
w.e.f: 3
 0.8.2017
w.e.f: 2
 5.10.2017

EXCISE ACT 1976 [ACT 176] 444/2017

EXCISE DUTIES (EXEMPTION) ORDER 2017 FEDERAL ROADS ACT 1959 [ACT 376] 336/2017
Issued under s.11(1), Excise Act 1976 FEDERAL ROADS (WEST MALAYSIA)
Notes: R
 evokes the Excise Duties (Exemption) Order 2013, (AMENDMENT) (NO. 6) ORDER 2017
[P.U.(A) 379/2013]
Issued under s.3, Federal Roads Act 1959
w.e.f: 3
 .1.2018
Notes: A
 mends Sch.1, Federal Roads (West Malaysia)
Order 1989, [P.U.(A) 401/1989]
FACTORIES AND MACHINERY ACT 1967 [ACT 139] 261/2017
w.e.f: 1
 .11.2017
FACTORIES AND MACHINERY (EXEMPTION
OF CERTIFICATE OF FITNESS FOR UNFIRED
PRESSURE VESSEL) ORDER 2017 FEDERAL ROADS ACT 1959 [ACT 376] 359/2017
Issued under s.55(3), Factories and Machinery FEDERAL ROADS (WEST MALAYSIA)
Act 1967 (AMENDMENT) (NO. 7) ORDER 2017
w.e.f: 1
 .10.2017
Issued under s.3, Federal Roads Act 1959
Notes: A
 mends Sch.1, Federal Roads (West Malaysia)
FEDERAL CONSTITUTION [FGN(NS)885/1957] 294/2017 Order 1989, [P.U.(A) 401/1989]
AUDIT (ACCOUNTS OF COMPANIES) ORDER 2017 w.e.f: 2
 7.11.2017
Issued under art.106(2), Federal Constitution and
para.5(1)(d), Audit Act 1957
Notes: R
 evokes the Audit (Accounts of Companies) FEDERAL ROADS 1959 [ACT 376] 443/2017
Order 2013, [P.U.(A) 326/2013]
FEDERAL ROADS (WEST MALAYSIA)
w.e.f: 1
 .10.2017 (AMENDMENT) (NO. 8) ORDER 2017
Issued under s.3, Federal Roads 1959
FEDERAL CONSTITUTION [FGN(NS)885/1957] 343/2017
Notes: A
 mends Sch., Federal Roads (West Malaysia)
PUBLIC SERVICES COMMISSION RULES 2017 Order 1989, [P.U.(A) 401/1989]
Issued under art.144(8), Federal Constitution w.e.f: 1
 .1.2018
Notes: R
 evokes any rules of the Commission made under
Clause (3A) of Article 144 of the Federal Constitution to
the extent that it relates to the conduct of the meeting
of the Commission.
FEDERAL ROADS (PRIVATE MANAGEMENT) 335/2017
ACT 1984 [ACT 306]
w.e.f: 1
 4.11.2017
FEDERAL ROADS (PRIVATE MANAGEMENT)
FEDERAL ROADS ACT 1959 [ACT 376] 315/2017 (COLLECTION OF TOLLS) (BUKIT KAYU HITAM-
JITRA HIGHWAY) (AMENDMENT) ORDER 2017
FEDERAL ROADS (DUTA-ULU KELANG
EXPRESSWAY PHASE 2 SRI DAMANSARA LINK) Issued under s.2, Federal Roads
(Private Management) Act 1984
ORDER 2017
Notes: A
 mends paras.3,4,Schs.2,3, Federal Roads
Issued under s.3, Federal Roads Act 1959 (Private Management) (Collection of Tolls) (Bukit Kayu
w.e.f: 2
 3.10.2017 Hitam-Jitra Highway) Order 1989, [P.U. (A) 16/1989]
w.e.f: 1
 .11.2017
FEDERAL ROADS 1959 [ACT 376] 442/2017
FEDERAL ROADS (EASTERN DISPERSAL LINK
EXPRESSWAY (EDL)) (AMENDMENT) ORDER 2017 FEDERAL ROADS (PRIVATE MANAGEMENT) 441/2017
ACT 1984 [ACT 306]
Issued under s.3, Federal Roads 1959
FEDERAL ROADS (PRIVATE MANAGEMENT)
Notes: A
 mends para.2, Sch., Federal Roads (Eastern
Dispersal Link Expressway (EDL) Order 2012, (COLLECTION OF TOLLS) (BUKIT KAYU HITAM-
[P.U.(A) 91/2012] JITRA HIGHWAY) (REVOCATION) ORDER 2017
w.e.f: 1
 .1.2018 Issued under s.2, Federal Roads
(Private Management) Act 1984
FEDERAL ROADS ACT 1959 [ACT 376] 325/2017 Notes: R
 evokes the Federal Roads (Private Management)
FEDERAL ROADS (FELDA SCHEME) (AMENDMENT) (Collection of Tolls) (Bukit Kayu Hitam-Jitra Highway)
Order 1989, [P.U.(A) 16/1989]
ORDER 2017
w.e.f: 1
 .1.2018
Issued under s.3, Federal Roads Act 1959
Notes: A
 mends Sch., Federal Roads (Felda Scheme)
Order 1991, [P.U. (A) 449/1991]
w.e.f: 2
 5.10.2017

100 JAN–MAR 2018

 UPDATES / NOTICES
LIBRARY UPDATE

TITLE P.U.(A) NO TITLE P.U.(A) NO

FEDERAL ROADS (PRIVATE MANAGEMENT) 438/2017 FEDERAL ROADS (PRIVATE MANAGEMENT) 433/2017
ACT 1984 [ACT 306] ACT 1984 [ACT 306]
FEDERAL ROADS (PRIVATE MANAGEMENT) FEDERAL ROADS (PRIVATE MANAGEMENT)
(COLLECTION OF TOLLS) (BUTTERWORTH-KULIM (COLLECTION OF TOLLS) [JITRA-SUNGAI DUA
EXPRESSWAY) (AMENDMENT) ORDER 2017 (BUTTERWORTH) EXPRESSWAY] (AMENDMENT)
Issued under s.2, Federal Roads ORDER 2017
(Private Management) Act 1984 Issued under s.2, Federal Roads
Notes: A
 mends Sch.1, Federal Roads (Private Management) (Private Management) Act 1984
(Collection of Tolls) (Butterworth-Kulim Expressway) Notes: A
 mends Schs.1,1A, Federal Roads
Order 1996, [P.U.(A) 564/1996] (Private Management) (Collection of Tolls)
w.e.f: 1
 .1.2018 [Jitra-Sungai Dua (Butterworth) Expressway] Order
1993, [P.U.(A) 229/1993]
w.e.f: 1
 .1.2018
FEDERAL ROADS (PRIVATE MANAGEMENT) 272/2017
ACT 1984 [ACT 306]
FEDERAL ROADS (PRIVATE MANAGEMENT) FEDERAL ROADS (PRIVATE MANAGEMENT) 431/2017
(COLLECTION OF TOLLS) (DUTA-ULU KELANG ACT 1984 [ACT 306]
EXPRESSWAY PHASE 2 TUN RAZAK LINK) FEDERAL ROADS (PRIVATE MANAGEMENT)
ORDER 2017 (COLLECTION OF TOLLS) (JOHOR CAUSEWAY-
Issued under s.2, Federal Roads JOHOR BAHRU-TAMPOI HIGHWAY) (AMENDMENT)
(Private Management) Act 1984 ORDER 2017
w.e.f: 2
 8.9.2017 Issued under s.2, Federal Roads
(Private Management) Act 1984
Notes: A
 mends para.3, Schs.1,2, Federal Roads
(Private Management) (Collection of Tolls) (Johor
FEDERAL ROADS (PRIVATE MANAGEMENT) 317/2017 Causeway Johor Bahru-Tampoi Highway) Order 1989,
ACT 1984 [ACT 306] [P.U.(A) 14/1989]
FEDERAL ROADS (PRIVATE MANAGEMENT) w.e.f: 1
 .1.2018
(COLLECTION OF TOLLS) (DUTA-ULU KELANG
EXPRESSWAY PHASE 2 SRI DAMANSARA LINK)
ORDER 2017 FEDERAL ROADS (PRIVATE MANAGEMENT) 434/2017
Issued under s.2, Federal Roads ACT 1984 [ACT 306]
(Private Management) Act 1984 FEDERAL ROADS (PRIVATE MANAGEMENT)
w.e.f: 2
 3.10.2017 (COLLECTION OF TOLLS) (JURU-JALAN DUTA-
BUKIT RAJA EXPRESSWAY, NORTH SOUTH
EXPRESSWAY CENTRAL LINK AND KUALA
FEDERAL ROADS (PRIVATE MANAGEMENT) 439/2017 LUMPUR-JOHORE BAHRU EXPRESSWAY)
ACT 1984 [ACT 306] (AMENDMENT) ORDER 2017
FEDERAL ROADS (PRIVATE MANAGEMENT) Issued under s.2, Federal Roads
(COLLECTION OF TOLLS) (EASTERN DISPERSAL (Private Management) Act 1984
LINK EXPRESSWAY (EDL)) (REVOCATION) Notes: A
 mends by substituting for the words “31 Dec 2017”
ORDER 2017 and “31 Dec 2017” wherever appearing the words “31
Dec 2018” and “31 Dec 2018” respectively, Federal
Issued under s.2, Federal Roads (Private Roads (Private Management) (Collection of Tolls)
Management) Act 1984 (Juru-Jalan Duta-Bukit Raja Expressway, North South
Notes: R
 evokes the Federal Roads (Private Management) Expressway Central Link and Kuala Lumpur-Johore
(Collection of Tolls) (Eastern Dispersal Link Bahru Expressway) Order 2002, [P.U.(A) 171/2002]
Expressway (EDL)) Order 2014, [P.U.(A) 224/2014] w.e.f: 1
 .1.2018
w.e.f: 1
 .1.2018

FEDERAL ROADS (PRIVATE MANAGEMENT) 432/2017

FEDERAL ROADS (PRIVATE MANAGEMENT) 440/2017 ACT 1984 [ACT 306]
ACT 1984 [ACT 306] FEDERAL ROADS (PRIVATE MANAGEMENT)
FEDERAL ROADS (PRIVATE MANAGEMENT) (COLLECTION OF TOLLS) (MALAYSIA-SINGAPORE
(COLLECTION OF TOLLS) (FEDERAL HIGHWAY SECOND CROSSING BRIDGE AND EXPRESSWAY
ROUTE 2 (REVOCATION) ORDER 2017 AND PERLING EXPRESSWAY) (AMENDMENT)
Issued under s.2, Federal Roads ORDER 2017
(Private Management) Act 1984 Issued under s.2, Federal Roads
Notes: R
 evokes the Federal Roads (Private Management) (Private Management) Act 1984
(Collection of Tolls) (Federal Highway Route 2) Notes: A
 mends Sch.2, Federal Roads (Private Management)
Order 1993, [P.U.(A) 372/1993] (Collection of Tolls) (Malaysia-Singapore Second
w.e.f: 1
 .1.2018 Crossing Bridge and Expressway and Perling
Expressway) Order 1998, [P.U.(A) 97/1998]
w.e.f: 1
 .1.2018

JAN–MAR 2018 101

UPDATES / NOTICES

TITLE P.U.(A) NO TITLE P.U.(A) NO

FEDERAL ROADS (PRIVATE MANAGEMENT) 435/2017 GOODS AND SERVICES TAX ACT 2014 [ACT 762] 446/2017
ACT 1984 [ACT 306]
GOODS AND SERVICES TAX (AMENDMENT)
FEDERAL ROADS (PRIVATE MANAGEMENT) REGULATIONS 2017
(COLLECTION OF TOLLS) (NORTH SOUTH
Issued under s.177, Goods and Services Tax Act 2014
EXPRESSWAY CENTRAL LINK AND KLIA
Notes: A
 mends regs.39,41,49,68,Schs.4,5, Goods and
EXPRESSWAY) (AMENDMENT) ORDER 2017 Services Tax Regulations 2014, [P.U.(A) 190/2014]
Issued under s.2, Federal Roads w.e.f: 1
 .1.2018 – regs.2,3,5,6,7
(Private Management) Act 1984 w.e.f: 1
 .10.2018 – reg.4
Notes: A
 mends by substituting for the words “31 Dec 2017”
and “31 Dec 2017” wherever appearing the words “30
Jun 2018” and “30 Jun 2018” respectively, Federal GOODS AND SERVICES TAX ACT 2014 [ACT 762] 244/2017
Roads (Private Management) (Collection of Tolls)
(North South Expressway Central Link and KLIA GOODS AND SERVICES TAX (EXEMPT SUPPLY)
Expressway) Order 2002, (AMENDMENT) ORDER 2017
[P.U.(A) 437/2002] Issued under s.18(2), Goods and Services Tax
w.e.f: 1
 .1.2018 Act 2014
Notes: A
 mends Sch.2, Goods and Services Tax
FEDERAL ROADS (PRIVATE MANAGEMENT) 436/2017 (Exempt Supply) Order 2014, [P.U.(A) 271/2014]
ACT 1984 [ACT 306] w.e.f: 1
 .9.2017
FEDERAL ROADS (PRIVATE MANAGEMENT)
(COLLECTION OF TOLLS) (SEREMBAN-PORT
GOODS AND SERVICES TAX ACT 2014 [ACT 762] 421/2017
DICKSON EXPRESSWAY) (AMENDMENT)
ORDER 2017 GOODS AND SERVICES TAX (EXEMPT SUPPLY)
(AMENDMENT) (NO. 2) ORDER 2017
Issued under s.2, Federal Roads
(Private Management) Act 1984 Issued under s.18(2), Goods and Services Tax
Act 2014
Notes: A
 mends Sch.1, Federal Roads (Private Management)
(Collection of Tolls) (Seremban-Port Dickson Notes: A
 mends Sch.2, Goods and Services Tax
Expressway) Order 2004, [P.U.(A) 326/2004] (Exempt Supply) Order 2014, [P.U.(A) 271/2014]
w.e.f: 1
 .1.2018 w.e.f: 1
 .1.2018

FEDERAL ROADS (PRIVATE MANAGEMENT) 437/2017 GOODS AND SERVICES TAX ACT 2014 [ACT 762] 447/2017
ACT 1984 [ACT 306]
GOODS AND SERVICES TAX (RELIEF)
FEDERAL ROADS (PRIVATE MANAGEMENT)
(AMENDMENT) (NO. 2) ORDER 2017
(COLLECTION OF TOLLS) (SHAH ALAM
EXPRESSWAY) (AMENDMENT) ORDER 2017 Issued under s.18(2), Goods and Services Tax
Act 2014
Issued under s.2, Federal Roads (Private Notes: A
 mends para.6, Sch.1, Goods and Services Tax
Management) Act 1984 (Relief) Order 2014, [P.U.(A) 273/2014]
Notes: A
 mends Sch.1, Federal Roads (Private Management) w.e.f: 1
 .1.2018 – para.2,3(a),3(c)
(Collection of Tolls) (Shah Alam Expressway)
Order 1999, [P.U.(A) 69/1999] w.e.f: 1
 .10.2018 – para.3(b)
w.e.f: 1
 .1.2018
GOODS AND SERVICES TAX ACT 2014 [ACT 762] 422/2017
FEES ACT 1951 [ACT 209] 246/2017 GOODS AND SERVICES TAX (ZERO-RATED
FEES (PASSPORTS AND VISAS) (REMISSION OF SUPPLY) (AMENDMENT) (NO. 3) ORDER 2017
FEES) (NO. 2) ORDER 2017 Issued under s.17, Goods and Services Tax Act 2014
Issued under s.10, Fees Act 1951 Notes: A
 mends Sch.2,Appendix, Goods and Services Tax
Notes: R
 emits one hundred percent fee for Malaysia Passport (Zero-Rated Supply) Order 2014, [P.U.(A) 272/2014]
payable under item 2.I(c) of the Fees (Passports and w.e.f: 1
 .1.2018
Visas) Order 1967, [P.U.189/1967] for any officer and
staff of the Immigration Department of Malaysia.
Revokes the Fees (Passports and Visas) (Remission IMMIGRATION ACT 1959/63 [ACT 155] 389/2017
of Fees) Order 2011, [P.U.(A) 236/2011]
IMMIGRATION (PROHIBITION OF ENTRY)
w.e.f: 2
 8.8.2017 (AMENDMENT) ORDER 2017
FOOD ACT 1983 [ACT 281] 256/2017 Issued under s.9, Immigration Act 1959/63
Notes: A
 mends Sch., Immigration (Prohibition of Entry)
FOOD (AMENDMENT) (NO. 4) REGULATIONS 2017 Order 1963, [L.N. 227/1963]
Issued under s.34, Food Act 1983 w.e.f: 1
 5.12.2017
Notes: A
 mends regs.4,5,397, Schs.3,4,
Food Regulations 1985, [P.U.(A) 437/1985]
w.e.f: 1
 .12.2017 INCOME TAX ACT 1967 [ACT 53] 252/2017
INCOME TAX (ACCELERATED CAPITAL
FOOD ACT 1983 [ACT 281] 257/2017 ALLOWANCE) (AUTOMATION EQUIPMENT)
FOOD (COMPOUNDING OF OFFENCES) RULES 2017
REGULATIONS 2017 Issued under para.154(1)(b),paras.10,15 of Sch.3,
Issued under ss.33(1),34, Food Act 1983 Income Tax Act 1967
w.e.f: 1
 .12.2017 w.e.f: y
 /a 2015–

102 JAN–MAR 2018

 UPDATES / NOTICES
LIBRARY UPDATE

TITLE P.U.(A) NO TITLE P.U.(A) NO

INCOME TAX ACT 1967 [ACT 53] 449/2017 INCOME TAX ACT 1967 [ACT 53] 411/2017
INCOME TAX (ADVANCE PRICING ARRANGEMENT) INCOME TAX (EXEMPTION) (NO. 3) 2014
(AMENDMENT) RULES 2017 (AMENDMENT) ORDER 2017
Issued under paras.154(1)(eb),(ec), Income Tax Issued under para.127(3)(b), Income Tax Act 1967
Act 1967 Notes: A
 mends para.5, Income Tax (Exemption) (No. 3)
Notes: Inserts new rule 23, Income Tax (Advance Pricing Order 2014, [P.U.(A) 167/2014]
Arrangement) Rules 2012, [P.U.(A) 133/2012] w.e.f: 2
 8.12.2017
w.e.f: 1
 .1.2018

INCOME TAX ACT 1967 [ACT 53] 412/2017

INCOME TAX ACT 1967 [ACT 53] 403/2017 INCOME TAX (EXEMPTION) (NO. 11) 2016
INCOME TAX (AUTOMATIC EXCHANGE (AMENDMENT) ORDER 2017
OF FINANCIAL ACCOUNT INFORMATION) Issued under para. 127(3)(b), Income Tax Act 1967
(AMENDMENT) RULES 2017 Notes: A
 mends para.1, Income Tax (Exemption) (No. 11)
Order 2016, [P.U.(A) 345/2016]
Issued under para.154(1)(c), Income Tax Act 1967
w.e.f: 2
 8.12.2017
Notes: A
 mends rules 3,4,7,Sch., inserts new rules
3A,13,Sch.2, Income Tax (Automatic Exchange
of Financial Account Information) Rules 2016,
[P.U.(A) 355/2016] INCOME TAX ACT 1967 [ACT 53] 413/2017
w.e.f: 2
 3.12.2017 INCOME TAX (EXEMPTION) (NO. 12) 2016
(AMENDMENT) ORDER 2017
Issued under para. 127(3)(b), Income Tax Act 1967
INCOME TAX ACT 1967 [ACT 53] 416/2017
Notes: A
 mends para.1, Income Tax (Exemption) (No. 12)
INCOME TAX (COUNTRY-BY-COUNTRY Order 2016, [P.U.(A) 346/2016]
REPORTING) (AMENDMENT) RULES 2017 w.e.f: 2
 8.12.2017
Issued under para.154(1)(c), Income Tax Act 1967
Notes: G
 eneral amendment:
a. Amends by substituting for the word “company” INCOME TAX ACT 1967 [ACT 53] 410/2017
wherever appearing the word “entity”; and INCOME TAX (SET-OFF FOR TAX CHARGED
b. Amends by substituting for the words “MNC Group” ON ACTUARIAL SURPLUS UNDER TAKAFUL
wherever appearing the words “MNE Group”.
BUSINESS) RULES 2017
Amends rules 2,3,4,6, Income Tax (Country-By-Country
Reporting) Rules 2016, [P.U.(A) 357/2016] Issued under para.154(1)(b),s.110C(4),
Income Tax Act 1967
w.e.f: 2
 8.12.2017
w.e.f: y
 /a 2015-

INCOME TAX ACT 1967 [ACT 53] 420/2017

INSOLVENCY ACT 1967 [ACT 360] 305/2017
INCOME TAX (DEDUCTION FROM REMUNERATION)
INSOLVENCY RULES 2017
(AMENDMENT) RULES 2017
Issued under s.123, Insolvency Act 1967
Issued under para.154(1)(a), Income Tax Act 1967
Notes: R
 evokes the Bankruptcy Rules 1969,
Notes: A
 mends Sch., Income Tax (Deduction From [P.U.(A) 199/1969]
Remuneration) Rules 1994, [P.U.(A) 507/1994]
All references to the Bankruptcy Rules 1969 in any
w.e.f: 1
 .1.2018 written laws and any documents shall, on the coming
into operation of these Rules, be construed as
references to the Insolvency Rules 2017
INCOME TAX ACT 1967 [ACT 53] 253/2017 w.e.f: 6
 .10.2017
INCOME TAX (EXEMPTION) (NO. 8) ORDER 2017
Issued under para.127(3)(b), Income Tax Act 1967 INSOLVENCY ACT 1967 [ACT 360] 303/2017
w.e.f: y
 /a 2015- INSOLVENCY (COSTS) (AMENDMENT) RULES 2017
Issued under s.123, Insolvency Act 1967
INCOME TAX ACT 1967 [ACT 53] 323/2017 Notes: General Amendment:
INCOME TAX (EXEMPTION) (NO. 9) ORDER 2017 a. Amends by substituting for the words “Official
Assignee” wherever appearing the words “Director
Issued under para.127(3)(b), Income Tax Act 1967 General of Insolvency”
Notes: T
 he Minister exempts a person not resident in Malaysia b. in English text by substituting for the word “scale”
from the payment of income tax in respect of income wherever appearing the word “Schedule”;
derived from Malaysia in relation to — c in the national language text-
a. services referred to in paragraph 4A (i) of the Act; or i. by substituting for the word “belanja” wherever
b. technical advice, assistance or services referred to appearing the word “kos”;
in paragraph 4A(ii) of the Act, which are rendered ii. by substituting for the word “bayaran” wherever
and performed by the person outside Malaysia. appearing the word “fi”;
Nothing in subparagraph (1) shall absolve or be iii by substituting for word “siberhutang” wherever
deemed to have absolved the person from complying appearing the word “penghutang”;
with any requirement to submit any return or statement Amends rules 1,3,4,8, substituting the heading and
of accounts or to furnish any other information, under items after rule 21 with Sch., Insolvency (Costs) Rules
the Act. 1969, [P.U.(A) 200/1969]
w.e.f: 6
 .9.2017 w.e.f: 6
 .10.2017

JAN–MAR 2018 103

UPDATES / NOTICES

TITLE P.U.(A) NO TITLE P.U.(A) NO

INSOLVENCY ACT 1967 [ACT 360] 350/2017 LAND ACQUISITION ACT 1960 [ACT 486] 374/2017
INSOLVENCY (COSTS) RULES 1969 LAND ACQUISITION (AMENDMENT OF SECOND
(REVISED 2017) SCHEDULE) RULES 2017
Issued under s.123, Insolvency Act 1967 Issued under s.69, Land Acquisition Act 1960
Notes: S
 upersedes the Bankruptcy (Cost) Rules 1969, Notes: Amends Sch.2, Land Acquisition Act 1960
[P.U.(A) 200/1969]
w.e.f: 1
 .12.2017
w.e.f: 1
 5.11.2017

LAND ACQUISITION ACT 1960 [ACT 486] 373/2017

INSOLVENCY ACT 1967 [ACT 360] 302/2017 LAND ACQUISITION (ELECTRONIC FORMS)
INSOLVENCY (FEES) (AMENDMENT) RULES 2017 RULES 2017
Issued under s.124, Insolvency Act 1967 Issued under para.69(ba), Land Acquisition Act 1960
Notes: General Amendment: w.e.f: 1
 .12.2017
 a Amends in the national language text, by
substituting for the word “bayaran” wherever
appearing the word “fi”; and
LEGAL AID ACT 1971 [ACT 26] 369/2017
b. b  y substituting for the words “Official Assignee” LEGAL AID REGULATIONS 2017
wherever appearing the words “Director General of Issued under s.32, Legal Aid Act 1971
Insolvency”
Notes: R
 evokes the Legal Aid and Advice Regulations 1970,
Amends rule 1, Sch., Insolvency (Fees) Rules 1969, [P.U.(A)299/1970]
[P.U.(A) 201/1969]
w.e.f: 1
 .12.2017
w.e.f: 6
 .10.2017

LEGAL AID ACT 1971 [ACT 26] 370/2017

INSOLVENCY ACT 1967 [ACT 360] 351/2017 LEGAL AID (CRITERIA AND MEANS TEST)
INSOLVENCY (FEES) RULES 1969 (REVISED 2017) REGULATIONS 2017
Issued under s.124, Insolvency Act 1967 Issued under s.32(1), Legal Aid Act 1971
Notes: S
 upersedes the Bankruptcy (Fees) Rules 1969, w.e.f: 1
 .12.2017
[P.U.(A) 201/1969]
w.e.f: 1
 5.11.2017
LEGAL AID ACT 1971 [ACT 26] 371/2017
LEGAL AID (FEES AND CONTRIBUTIONS)
INSOLVENCY ACT 1967 [ACT 360] 304/2017 REGULATIONS 2017
INSOLVENCY (VOLUNTARY ARRANGEMENT) Issued under s.32(1), Legal Aid Act 1971
RULES 2017 w.e.f: 1
 .12.2017
Issued under ss.2C,2F,2G,2Q,2I,123, Insolvency
Act 1967 LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN 418/2017
w.e.f: 6
 .10.2017 MALAYSIA ACT 1994 [ACT 520]
LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN
MALAYSIA (IMPOSITION OF LEVY) ORDER 2017
INTERNATIONAL ORGANIZATIONS (PRIVILEGES 307/2017
AND IMMUNITIES) ACT 1992 [ACT 485] Issued under s.34(5), Lembaga Pembangunan Industri
Pembinaan Malaysia Act 1994
INTERNATIONAL ORGANIZATIONS (PRIVILEGES
Notes: T
 he rate of levy imposed on a contractor is reduced
AND IMMUNITIES) (PERMANENT COURT OF from 0.25 per centum to 0.125 per centum of the
ARBITRATION) REGULATIONS 2017 contract sum.
Issued under ss.3(1),4(1),11, International w.e.f: 1
 .1.2018-31.12.2019
Organizations (Privileges and Immunities) Act 1992
w.e.f: 11.10.2017 LOANS GUARANTEE (BODIES CORPORATE) 258/2017
ACT 1965 [ACT 96]
LABUAN BUSINESS ACTIVITY TAX ACT 1990 409/2017 LOANS GUARANTEE (BODIES CORPORATE)
[ACT 96] (REMISSION OF TAX AND STAMP DUTY) (NO. 3)
LABUAN BUSINESS ACTIVITY TAX (COUNTRY-BY- ORDER 2017
COUNTRY REPORTING) REGULATIONS 2017 Issued under s.10(1), Loans Guarantee (Bodies
Corporate) Act 1965
Issued under s.21, Labuan Business Activity Tax
Act 1990 w.e.f: 1
 3.9.2017
w.e.f: 2
 7.12.2017
LOANS GUARANTEE (BODIES CORPORATE) 263/2017
ACT 1965 [ACT 96]
LAND ACQUISITION ACT 1960 [ACT 486] 372/2017 LOANS GUARANTEE (BODIES CORPORATE)
LAND ACQUISITION RULES 2017 (REMISSION OF TAX AND STAMP DUTY) (NO. 4)
Issued under s.69, Land Acquisition Act 1960 ORDER 2017
Notes: R
 evokes the Land Acquisition Rules 1998, Issued under s.10(1), Loans Guarantee (Bodies
[P.U.(A) 70/1998] Corporate) Act 1965
w.e.f: 1
 .12.2017 w.e.f: 1
 8.9.2017

104 JAN–MAR 2018

 UPDATES / NOTICES
LIBRARY UPDATE

TITLE P.U.(A) NO TITLE P.U.(A) NO

LOANS GUARANTEE (BODIES CORPORATE) 265/2017 LOANS GUARANTEE (BODIES CORPORATE) 382/2017
ACT 1965 [ACT 96] ACT 1965 [ACT 96]
LOANS GUARANTEE (BODIES CORPORATE) LOANS GUARANTEE (BODIES CORPORATE)
(REMISSION OF TAX AND STAMP DUTY) (NO. 5) (REMISSION OF TAX AND STAMP DUTY) (NO. 10)
ORDER 2017 ORDER 2017
Issued under s.10(1), Loans Guarantee Issued under s. 10(1), Loans Guarantee
(Bodies Corporate) Act 1965 (Bodies Corporate) Act 1965
w.e.f: 1
 9.9.2017 Notes: R
 emits in full any tax payable under the Income
Tax Act 1967 [Act 53] by any of the following individual
or entity in respect of any money payable under any
agreement, note, instrument and document in relation
LOANS GUARANTEE (BODIES CORPORATE) 268/2017 to the product, programme
and guarantee referred to in paragraph 2.
ACT 1965 [ACT 96] Remits in full any stamp duty payable under the Stamp
LOANS GUARANTEE (BODIES CORPORATE) Act 1949 [Act 378] in respect of any agreement, note,
instrument and document in relation to the product,
(REMISSION OF TAX AND STAMP DUTY) (NO. 6) programme and guarantee referred to in paragraph 2.
ORDER 2017 w.e.f: 1
 3.12.2017
Issued under s.10(1), Loans Guarantee
(Bodies Corporate) Act 1965
w.e.f: 2
 6.9.2017 LOANS GUARANTEE (BODIES CORPORATE) 264/2017
ACT 1965 [ACT 96]
LOANS GUARANTEE (DECLARATION OF BODIES
LOANS GUARANTEE (BODIES CORPORATE) 293/2017 CORPORATE) (MKD KENCANA SDN. BHD.)
ACT 1965 [ACT 96] ORDER 2017
LOANS GUARANTEE (BODIES CORPORATE) Issued under s.3, Loans Guarantee (Bodies Corporate)
(REMISSION OF TAX AND STAMP DUTY) (NO. 7) Act 1965
ORDER 2017 Notes: D
 eclares the body corporate known as MKD Kencana
Issued under s.10(1), Loans Guarantee Sdn. Bhd. to be a body corporate to which the Act
applies.
(Bodies Corporate) Act 1965
w.e.f: 1
 9.9.2017
w.e.f: 2
 .10.2017

LOANS GUARANTEE (BODIES CORPORATE) ACT 262/2017

LOANS GUARANTEE (BODIES CORPORATE) 328/2017
1965 [ACT 96]
ACT 1965 [ACT 96]
LOANS GUARANTEE (DECLARATION OF BODIES
LOANS GUARANTEE (BODIES CORPORATE)
CORPORATE) (SYARIKAT PERUMAHAN NEGARA
(REMISSION OF TAX AND STAMP DUTY) (NO. 8) BERHAD) ORDER 2017
ORDER 2017
Issued under s.3, Loans Guarantee (Bodies Corporate)
Issued under s.10(1), Loans Guarantee Act 1965
(Bodies Corporate) Act 1965 Notes: D
 eclares the body corporate known as the Syarikat
w.e.f: 2
 6.10.2017 Perumahan Negara Berhad to be a body corporate
to which the Act applies
w.e.f: 1
 8.9.2017
LOANS GUARANTEE (BODIES CORPORATE) 378/2017
ACT 1965 [ACT 96]
MALAY RESERVATIONS ENACTMENT 274/2017
LOANS GUARANTEE (BODIES CORPORATE)
[F.M.S.Cap.142]
(REMISSION OF TAX AND STAMP DUTY) (NO. 9)
ORDER 2017 MALAY RESERVATIONS (FEDERAL TERRITORY)
(AMENDMENT OF SECOND SCHEDULE)
Issued under s.10(1), Loans Guarantee ORDER 2017
(Bodies Corporate) Act 1965
Issued under s.17(2), Malay Reservations Enactment
Notes: R
 emits in full any tax payable under the Income Tax Act
1967 [Act 53] by any of the following individual or entity Notes: A
 mends Sch.2, Malay Reservations Enactment
in respect of any money payable under any agreement, This Order shall apply to the Federal Territory of
note, instrument and document in relation to the facility Kuala Lumpur
and guarantee referred to in paragraph 2. w.e.f: 2
 9.9.2017
Remits in full any stamp duty payable under the Stamp
Act 1949 [Act 378] in respect of any Agreement, note,
instrument and document in relation to the facility and
guarantee referred to in paragraph 2. MALAY RESERVATIONS ENACTMENT 275/2017
w.e.f: 8
 .12.2017 [F.M.S.Cap.142]
MALAY RESERVATIONS (FEDERAL TERRITORY)
(AMENDMENT OF THIRD SCHEDULE) ORDER 2017
Issued under s.7 , Malay Reservations Enactment
Notes: A
 mends Sch.3, Malay Reservations Enactment
This Order shall apply to the Federal Territory of
Kuala Lumpur
w.e.f: 2
 9.9.2017

JAN–MAR 2018 105

UPDATES / NOTICES

TITLE P.U.(A) NO TITLE P.U.(A) NO

MEDICAL ASSISTANTS (REGISTRATION) ACT 1977 298/2017

MALAYSIA CO-OPERATIVE SOCIETIES 345/2017
[ACT 180]
COMMISSION ACT 2007 [ACT 665]
MEDICAL ASSISTANTS (REGISTRATION)
MALAYSIA CO-OPERATIVE SOCIETIES
(AMENDMENT) REGULATIONS 2017
COMMISSION (VESTING DATE) ORDER 2017
Issued under s.22 , Medical Assistants (Registration)
Issued under s.5(1), Malaysia Co-operative Societies
Act 1977
Commission Act 2007
Notes: A
 mends reg.19, Medical Assistants (Registration)
w.e.f: 1
 .1.2008 Regulations 1979, [P.U.(A) 185/1979]
w.e.f: 2
 .10.2017

MALAYSIA DEPOSIT INSURANCE CORPORATION 249/2017

MEDICAL DEVICE ACT 2012 [ACT 737] 339/2017
ACT 2011 [ACT 720]
MEDICAL DEVICE (DECLARATION) ORDER 2017
MALAYSIA DEPOSIT INSURANCE CORPORATION
(ALLOCATION OF EXPENSES, COSTS OR LOSSES) Issued under s.2, Medical Device Act 2012
(AMENDMENT) ORDER 2017 Notes: D
 eclares a non-corrective contact lens as
a medical device.
Issued under s.28(2), Malaysia Deposit Insurance
w.e.f: 1
 .8.2017
Corporation Act 2011
Notes: A
 mends paras.2,3,4, Malaysia Deposit Insurance
Corporation (Allocation of Expenses, Costs or Losses) MINERAL DEVELOPMENT ACT 1994 [ACT 525] 425/2017
Order 2011, [P.U.(A) 288/2011] MINERAL DEVELOPMENT (LICENSING)
w.e.f: y
 /a 2017- (AMENDMENT) REGULATIONS 2017
Issued under s.63, Mineral Development Act 1994
Notes: A
 mends reg.5, Mineral Development (Licensing)
MALAYSIA DEPOSIT INSURANCE CORPORATION 348/2017 Regulations 2016, [P.U.(A) 337/2016]
ACT 2011 [ACT 720] w.e.f: 1
 .1.2018
MALAYSIA DEPOSIT INSURANCE CORPORATION
(DIFFERENTIAL PREMIUM SYSTEMS IN RESPECT MINISTERIAL FUNCTIONS ACT 1969 [ACT 2] 358/2017
OF DEPOSIT-TAKING MEMBERS) (AMENDMENT) MINISTERS OF THE FEDERAL GOVERNMENT
REGULATIONS 2017 (NO. 2) (AMENDMENT) ORDER 2017
Issued under s.53, Malaysia Deposit Insurance Issued under s.2, Ministerial Functions Act 1969
Corporation Act 2011 Notes: A
 mends Sch., Ministers of the Federal Government
Notes: A
 mends reg.7,Sch., Malaysia Deposit Insurance (No. 2) Order 2013, [P.U.(A) 184/2013]
Corporation (Differential Premium Systems in respect w.e.f: 1
 .8.2016 – para.2(a)(i)
of Deposit-Taking Members) Regulations 2011,
[P.U.(A) 34/2011] w.e.f: 1
 .9.2016 – paras.2(a)(ii),2(a)(iii)
w.e.f: 1
 2.4.2017 – para.2(b)
w.e.f: y
 /a 2018
w.e.f: 2
 4.2.2017 – para.2(c)
w.e.f: 1
 7.8.2016 – para.2(d)(i)
w.e.f: 2
 0.4.2016 – para.2(d)(ii),2(d)(iii)
MALAYSIA DEPOSIT INSURANCE CORPORATION 337/2017
ACT 2011 [ACT 720]
NATIONAL FORESTRY ACT 1984 [ACT 313] 451/2017
MALAYSIA DEPOSIT INSURANCE CORPORATION
FEDERAL TERRITORY OF LABUAN (MODIFICATION
(TERMS AND CONDITIONS OF MEMBERSHIP)
OF NATIONAL FORESTRY ACT 1984) ORDER 2017
(AMENDMENT) REGULATIONS 2017
Issued under s.1(4), National Forestry Act 1984
Issued under s.37, para.209(1)(a), Malaysia Deposit
Insurance Corporation Act 2011 Notes: M
 odifies the National Forestry Act 1984 [Act 313]
in the manner set out the Schedule.
Notes: A
 mends regs.2,3,4,5,6,8,10,11,12,13,14,17,19,20,22,
inserts new regs.3A,22A deletes regs.9,21,23, Malaysia w.e.f: 1
 .1.2018
Deposit Insurance Corporation (Terms and Conditions
of Membership) Regulations 2008 NATIONAL FORESTRY ACT 1984 [ACT 313] 450/2017
[P.U.(A) 314/2008]
w.e.f: 2
 .11.2017
FEDERAL TERRITORY OF PUTRAJAYA
(MODIFICATION OF NATIONAL FORESTRY
ACT 1984) ORDER 2017 Issued under s.1(4),
MALAYSIAN AVIATION COMMISSION ACT 2015 427/2017 National Forestry Act 1984
[ACT 771] Notes: M
 odifies the National Forestry Act 1984 [Act 313]
in the manner set out the Schedule.
MALAYSIAN AVIATION COMMISSION
w.e.f: 1
 .1.2018
(AVIATION SERVICES CHARGES) (AMENDMENT)
REGULATIONS 2017
NATIONAL HERITAGE ACT 2005 [ACT 645] 365/2017
Issued under ss.46,98(1), Malaysian Aviation
NATIONAL HERITAGE (DECLARATION OF
Commission Act 2015
NATIONAL HERITAGE) (HERITAGE OBJECT)
Notes: A
 mends Sch.2, Malaysian Aviation Commission
(Aviation Services Charges) Regulations 2016, ORDER 2017
[P.U.(A) 100/2016] Issued under s.67(1), National Heritage Act 2005
w.e.f: 1
 .1.2018 Notes: W
 angkang ceremony is declared to be a National
Heritage.
w.e.f: 2
 9.11.2017

106 JAN–MAR 2018

 UPDATES / NOTICES
LIBRARY UPDATE

TITLE P.U.(A) NO TITLE P.U.(A) NO

NATIONAL SKILLS DEVELOPMENT ACT 2006 355/2017

NATIONAL HERITAGE ACT 2005 [ACT 645] 364/2017
[ACT 652]
NATIONAL HERITAGE (DECLARATION OF
NATIONAL SKILLS DEVELOPMENT (WAIVER OF
NATIONAL HERITAGE) (HERITAGE SITE)
FEE TO TRAINEE AT PUSAT LATIHAN GURNEY,
ORDER 2017
KUALA LUMPUR) REGULATIONS 2017
Issued under s.67(1), National Heritage Act 2005
Issued under para.72(2)(d), National Skills
Notes: T
 he PT 1900 and PT 1901, Sungai Batu Archeology Development Act 2006
Site is declared to be a National Heritage.
w.e.f: 1
 .7.2016
w.e.f: 2
 9.11.2017
OPTICAL ACT 1991 [ACT 469] 375/2017
NATIONAL LAND CODE [ACT 56/1965] 247/2017 OPTICAL (AMENDMENT) (NO. 2)
REGULATIONS 2017
NATIONAL LAND CODE (AMENDMENT OF FIRST
AND FIFTH SCHEDULES) ORDER 2017 Issued under s.42, Optical Act 1991
Notes: A
 mends Sch., Optical Regulations 1994,
Issued under s.9(2), National Land Code [P.U.(A) 210/1994]
Notes: Amends Schs.1,5, National Land Code
w.e.f: 6.12.2017
w.e.f: 3
 0.8.2017
PASSPORTS ACT 1966 [ACT 150] 344/2017
PASSPORTS (EXEMPTION OF VISA TO CITIZEN
NATIONAL LAND CODE [ACT 56/1965] 379/2017
OF MOROCCO) ORDER 2017
NATIONAL LAND CODE (MODIFICATION) 1997
Issued under s.4, Passports Act 1966
(AMENDMENT) ORDER 2017
Notes: E
 xempts a citizen of Morocco from the requirement
Issued under s. 92C(6), National Land Code of visa under subsection 2(1) of the Act subject to the
Notes: A
 mends Sch., National Land Code (Modification) following conditions:
Order 1997, [P.U.(A) 204/1997] a. the citizen of Morocco shall hold a valid diplomatic
passport, service passport, special passport or
w.e.f: 8.12.2017
ordinary passport;
b. the citizen of Morocco shall have been issued with a
Visit Pass (Social) that is valid for a period of ninety
NATIONAL LAND CODE [ACT 56/1965] 380/2017 days for each entry;
NATIONAL LAND CODE (MODIFICATION) 2014 c. the citizen of Morocco shall not be allowed to
(AMENDMENT) ORDER 2017 apply for any other passes under the Immigration
Regulations 1963 [L.N.228/1963]; and
Issued under s. 92E(4), National Land Code d. the citizen of Morocco shall enter into and exit
Notes: A
 mends Sch., National Land Code (Modification) from Malaysia only through the immigration control
Order 2014, [P.U.(A) 220/2014] posts, authorized landing places, authorized airports
or authorized points of entry as gazetted under
w.e.f: 8.12.2017 subsection 5(1) of the Immigration Act 1959/63
[Act 155].
w.e.f: 1
 5.11.2017
NATIONAL LAND CODE [ACT 56/1965] 377/2017
NATIONAL LAND CODE (UNDERGROUND LAND) PASSPORTS ACT 1966 [ACT 150] 429/2017
(MINIMUM DEPTH) REGULATIONS 2017 PASSPORTS (EXEMPTION OF VISA TO HOLDER
Issued under s. 92I, National Land Code OF PASSPORT FOR PUBLIC AFFAIRS OF THE
Notes: R
 evokes the National Land Code (Underground PEOPLE’S REPUBLIC OF CHINA) ORDER 2017
Land) (Minimum Depth) Regulations 2006,
[P.U.(A) 414/2006]
Issued under s.4, Passports Act 1966
w.e.f: 1
 .1.2018-31.12.2018
w.e.f: 8.12.2017
PASSPORTS ACT 1966 [ACT 150] 428/2017
NATIONAL REGISTRATION ACT 1959 [ACT 78] 385/2017 PASSPORTS (EXEMPTION OF VISA TO TOURIST
NATIONAL REGISTRATION (AMENDMENT) WHO IS CITIZEN OF THE PEOPLE’S REPUBLIC OF
(NO. 2) REGULATIONS 2017 CHINA) ORDER 2017
Issued under s.6, National Registration Act 1959 Issued under s.4, Passports Act 1966
Notes: A
 mends reg.5, National Registration Regulations 1990, w.e.f: 1
 .1.2018-31.12.2018
[P.U.(A) 472/1990]
POISONS ACT 1952 [ACT 366] 426/2017
w.e.f: 1
 5.12.2017
POISONS (AMENDMENT OF THIRD SCHEDULE)
(NO. 2) ORDER 2017
NATIONAL SKILLS DEVELOPMENT ACT 2006 354/2017 Issued under s.30(2), Poisons Act 1952
[ACT 652] Notes: Amends Sch.3, Poisons Act 1952
NATIONAL SKILLS DEVELOPMENT (WAIVER OF w.e.f: 2
 9.12.2017
FEE TO NATIONAL DUAL TRAINING SYSTEM
PREVENTION OF CRIME ACT 1959 [ACT 297] 383/2017
TRAINEE AT MALAYSIAN PRISON DEPARTMENT)
REGULATIONS 2017 PREVENTION OF CRIME (AMENDMENT OF
SECOND SCHEDULE) ORDER 2017
Issued under para.72(2)(d), National Skills
Development Act 2006 Issued under s.22, Prevention of Crime Act 1959
Notes: Amends Sch.2, Prevention of Crime Act 1959
w.e.f: 1
 .5.2017
w.e.f: 15.12.2017

JAN–MAR 2018 107

UPDATES / NOTICES

TITLE P.U.(A) NO TITLE P.U.(A) NO

PREVENTION OF CRIME ACT 1959 [ACT 297] 384/2017 PRICE CONTROL AND ANTI-PROFITEERING 255/2017
PREVENTION OF CRIME (AMENDMENT OF THIRD ACT 2011 [ACT 723]
SCHEDULE) ORDER 2017 PRICE CONTROL AND ANTI-PROFITEERING
Issued under s.22, Prevention of Crime Act 1959 (DETERMINATION OF MAXIMUM RETAIL PRICE
Notes: Amends Sch.3, Prevention of Crime Act 1959 FOR PETROL AND DIESEL) (NO.23) ORDER 2017
w.e.f: 15.12.2017 Issued under s.4, Price Control and Anti-Profiteering
Act 2011
Notes: R
 evokes the Price Control and Anti-Profiteering
PREVENTION OF CRIME ACT 1959 [ACT 297] 386/2017 (Determination of Maximum Retail Price for Petrol
and Diesel) (No.22) Order 2017, [P.U.(A) 254/2017]
PREVENTION OF CRIME (IDENTITY CARD)
w.e.f: 7
 .9.2017
REGULATIONS 2017
Issued under para.23(2)(b), Prevention of Crime
Act 1959 PRICE CONTROL AND ANTI-PROFITEERING 259/2017
Notes: R
 evokes the Prevention of Crime Regulations 1959, ACT 2011 [ACT 723]
[L.N. 87/1959]
PRICE CONTROL AND ANTI-PROFITEERING
w.e.f: 15.12.2017
(DETERMINATION OF MAXIMUM RETAIL PRICE
FOR PETROL AND DIESEL) (NO.24) ORDER 2017
PRICE CONTROL AND ANTI-PROFITEERING 313/2017 Issued under s.4, Price Control and Anti-Profiteering
ACT 2011 [ACT 723] Act 2011
Notes: R
 evokes the Price Control and Anti-Profiteering
PRICE CONTROL AND ANTI-PROFITEERING (Determination of Maximum Retail Price for Petrol and
(DETERMINATION OF MAXIMUM PRICE) (NO. 7) Diesel) (No.23) Order 2017, [P.U.(A) 255/2017]
ORDER 2017 w.e.f: 1
 4.9.2017
Issued under s.4, Price Control and Anti-Profiteering
Act 2011
w.e.f: 1
 3.10.2017-22.10.2017 PRICE CONTROL AND ANTI-PROFITEERING 266/2017
ACT 2011 [ACT 723]
PRICE CONTROL AND ANTI-PROFITEERING
PRICE CONTROL AND ANTI-PROFITEERING 405/2017 (DETERMINATION OF MAXIMUM RETAIL PRICE
ACT 2011 [ACT 723] FOR PETROL AND DIESEL) (NO.25) ORDER 2017
PRICE CONTROL AND ANTI-PROFITEERING Issued under s.4, Price Control and Anti-Profiteering
(DETERMINATION OF MAXIMUM PRICE) (NO. 8) Act 2011
ORDER 2017 Notes: R
 evokes the Price Control and Anti-Profiteering
(Determination of Maximum Retail Price for Petrol
Issued under s.4, Price Control and Anti-profiteering and Diesel) (No.24) Order 2017, [P.U.(A) 259/2017]
Act 2011 w.e.f: 2
 1.9.2017
w.e.f: 2
 3.12.2017 - 27.12.2017

PRICE CONTROL AND ANTI-PROFITEERING 273/2017

PRICE CONTROL AND ANTI-PROFITEERING 245/2017 ACT 2011 [ACT 723]
ACT 2011 [ACT 723] PRICE CONTROL AND ANTI-PROFITEERING
PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM RETAIL PRICE
(DETERMINATION OF MAXIMUM RETAIL PRICE FOR PETROL AND DIESEL) (NO.26) ORDER 2017
FOR PETROL AND DIESEL) (NO.21) ORDER 2017 Issued under s.4, Price Control and Anti-Profiteering
Issued under s.4, Price Control and Anti-Profiteering Act 2011
Act 2011 Notes: R
 evokes the Price Control and Anti-Profiteering
Notes: R
 evokes the Price Control and Anti-Profiteering (Determination of Maximum Retail Price for Petrol and
(Determination of Maximum Retail Price for Petrol Diesel) (No.25) Order 2017, [P.U.(A) 266/2017]
and Diesel) (No.20) Order 2017, [P.U.(A) 239/2017] w.e.f: 2
 8.9.2017
w.e.f: 2
 4.8.2017

PRICE CONTROL AND ANTI-PROFITEERING 300/2017

PRICE CONTROL AND ANTI-PROFITEERING 254/2017 ACT 2011 [ACT 723]
ACT 2011 [ACT 723] PRICE CONTROL AND ANTI-PROFITEERING
PRICE CONTROL AND ANTI-PROFITEERING (DETERMINATION OF MAXIMUM RETAIL PRICE
(DETERMINATION OF MAXIMUM RETAIL PRICE FOR PETROL AND DIESEL) (NO. 27) ORDER 2017
FOR PETROL AND DIESEL) (NO.22) ORDER 2017 Issued under s.4, Price Control and Anti-Profiteering
Issued under s.4, Price Control and Anti-Profiteering Act 2011
Act 2011 Notes: R
 evokes the Price Control and Anti-Profiteering
(Determination of Maximum Retail Price for Petrol and
Notes: R
 evokes the Price Control and Anti-Profiteering Diesel) (No. 26) Order 2017, [P.U.(A) 273/2017]
(Determination of Maximum Retail Price for Petrol
and Diesel) (No.21) Order 2017, [P.U.(A) 245/2017] w.e.f: 5
 .10.2017
w.e.f: 3
 1.8.2017

108 JAN–MAR 2018

 UPDATES / NOTICES
LIBRARY UPDATE

TITLE P.U.(A) NO TITLE P.U.(A) NO

PRICE CONTROL AND ANTI-PROFITEERING 311/2017 PRICE CONTROL AND ANTI-PROFITEERING 352/2017
ACT 2011 [ACT 723] ACT 2011 [ACT 723]
PRICE CONTROL AND ANTI-PROFITEERING PRICE CONTROL AND ANTI-PROFITEERING
(DETERMINATION OF MAXIMUM RETAIL PRICE (DETERMINATION OF MAXIMUM RETAIL PRICE
FOR PETROL AND DIESEL) (NO. 28) ORDER 2017 FOR PETROL AND DIESEL) (NO. 33) ORDER 2017
Issued under s.4, Price Control and Anti-Profiteering Issued under s.4, Price Control and Anti-Profiteering
Act 2011 Act 2011
Notes: R
 evokes the Price Control and Anti-Profiteering Notes: R
 evokes the Price Control and Anti-Profiteering
(Determination of Maximum Retail Price for Petrol and (Determination of Maximum Retail Price for Petrol and
Diesel) (No. 27) Order 2017, [P.U.(A) 300/2017] Diesel) (No. 32) Order 2017, [P.U.(A) 340/2017]
w.e.f: 1
 2.10.2017 w.e.f: 1
 6.11.2017

PRICE CONTROL AND ANTI-PROFITEERING 319/2017 PRICE CONTROL AND ANTI-PROFITEERING 356/2017
ACT 2011 [ACT 723] ACT 2011 [ACT 723]
PRICE CONTROL AND ANTI-PROFITEERING PRICE CONTROL AND ANTI-PROFITEERING
(DETERMINATION OF MAXIMUM RETAIL PRICE (DETERMINATION OF MAXIMUM RETAIL PRICE
FOR PETROL AND DIESEL) (NO. 29) ORDER 2017 FOR PETROL AND DIESEL) (NO. 34) ORDER 2017
Issued under s.4, Price Control and Anti-Profiteering Issued under s.4, Price Control and Anti-Profiteering
Act 2011 Act 2011
Notes: R
 evokes the Price Control and Anti-Profiteering Notes: R
 evokes the Price Control and Anti-Profiteering
(Determination of Maximum Retail Price for Petrol and (Determination of Maximum Retail Price for Petrol and
Diesel) (No. 28) Order 2017, [P.U.(A) 311/2017] Diesel) (No. 33) Order 2017, [P.U.(A) 352/2017]
w.e.f: 1
 9.10.2017 w.e.f: 2
 3.11.2017

PRICE CONTROL AND ANTI-PROFITEERING 329/2017 PRICE CONTROL AND ANTI-PROFITEERING 367/2017
ACT 2011 [ACT 723] ACT 2011 [ACT 723]
PRICE CONTROL AND ANTI-PROFITEERING PRICE CONTROL AND ANTI-PROFITEERING
(DETERMINATION OF MAXIMUM RETAIL PRICE (DETERMINATION OF MAXIMUM RETAIL PRICE
FOR PETROL AND DIESEL) (NO. 30) ORDER 2017 FOR PETROL AND DIESEL) (NO. 35) ORDER 2017
Issued under s.4, Price Control and Anti-Profiteering Issued under s.4, Price Control and Anti-Profiteering
Act 2011 Act 2011
Notes: R
 evokes the Price Control and Anti-Profiteering Notes: R
 evokes the Price Control and Anti-Profiteering
(Determination of Maximum Retail Price for Petrol and (Determination of Maximum Retail Price for Petrol and
Diesel) (No. 29) Order 2017, [P.U.(A) 319/2017] Diesel) (No. 34) Order 2017, [P.U.(A) 356/2017]
w.e.f: 2
 6.10.2017 w.e.f: 3
 0.11.2017

PRICE CONTROL AND ANTI-PROFITEERING 338/2017 PRICE CONTROL AND ANTI-PROFITEERING 376/2017
ACT 2011 [ACT 723] ACT 2011 [ACT 723]
PRICE CONTROL AND ANTI-PROFITEERING PRICE CONTROL AND ANTI-PROFITEERING
(DETERMINATION OF MAXIMUM RETAIL PRICE (DETERMINATION OF MAXIMUM RETAIL PRICE
FOR PETROL AND DIESEL) (NO. 31) ORDER 2017 FOR PETROL AND DIESEL) (NO. 36) ORDER 2017
Issued under s.4, Price Control and Anti-Profiteering Issued under s.4, Price Control and Anti-Profiteering
Act 2011 Act 2011
Notes: R
 evokes the Price Control and Anti-Profiteering Notes: R
 evokes the Price Control and Anti-Profiteering
(Determination of Maximum Retail Price for Petrol and (Determination of Maximum Retail Price for Petrol
Diesel) (No. 30) Order 2017, [P.U.(A) 329/2017] and Diesel) (No. 35) Order 2017, [P.U.(A) 367/2017]
w.e.f: 2
 .11.2017 w.e.f: 7
 .12.2017

PRICE CONTROL AND ANTI-PROFITEERING 340/2017 PRICE CONTROL AND ANTI-PROFITEERING 387/2017
ACT 2011 [ACT 723] ACT 2011 [ACT 723]
PRICE CONTROL AND ANTI-PROFITEERING PRICE CONTROL AND ANTI-PROFITEERING
(DETERMINATION OF MAXIMUM RETAIL PRICE (DETERMINATION OF MAXIMUM RETAIL PRICE
FOR PETROL AND DIESEL) (NO. 32) ORDER 2017
FOR PETROL AND DIESEL) (NO. 37) ORDER 2017
Issued under s.4, Price Control and Anti-Profiteering
Issued under s.4, Price Control and Anti-Profiteering
Act 2011
Act 2011
Notes: R
 evokes the Price Control and Anti-Profiteering
(Determination of Maximum Retail Price for Petrol and Notes: R
 evokes the Price Control and Anti-Profiteering
Diesel) (No. 31) Order 2017, [P.U.(A) 338/2017] (Determination of Maximum Retail Price for Petrol
and Diesel) (No. 36) Order 2017, [P.U.(A) 376/2017]
w.e.f: 9
 .11.2017
w.e.f: 1
 4.12.2017

JAN–MAR 2018 109

UPDATES / NOTICES

TITLE P.U.(A) NO TITLE P.U.(A) NO

PRICE CONTROL AND ANTI-PROFITEERING 402/2017 PRINTING PRESSES AND PUBLICATIONS 277/2017
ACT 2011 [ACT 723] ACT 1984 [ACT 301]
PRICE CONTROL AND ANTI-PROFITEERING PRINTING PRESSES AND PUBLICATIONS
(DETERMINATION OF MAXIMUM RETAIL PRICE (CONTROL OF UNDESIRABLE PUBLICATIONS)
FOR PETROL AND DIESEL) (NO. 38) ORDER 2017 (NO.26) ORDER 2017
Issued under s.4, Price Control and Anti-Profiteering Issued under s.7(1), Printing Presses and Publications
Act 2011 Act 1984
Notes: R
 evokes the Price Control and Anti-Profiteering Notes: T
 he printing, importation, production, reproduction,
(Determination of Maximum Retail Price for Petrol publishing, sale, issue, circulation, distribution or
and Diesel) (No. 37) Order 2017, [P.U.(A) 387/2017] possession of “Terjemahan Al-Qur’an”, “Al-Qur’an
Translation” by Abdullah Yusuf Ali, “The Meaning of The
w.e.f: 2
 1.12.2017 Glorious Qur’an Korean Edition”, “The Meaning of the
Holy Quran (Chinese Translation Edition),
“The Meaning of Al-Qur’an (The Guidance for
Mankind)” by Muhammad Farooq-i-Azam Malik,
PRICE CONTROL AND ANTI-PROFITEERING 419/2017 “The Quran Modern English Translation” by Abdullah
ACT 2011 [ACT 723] Yusuf Ali, “Terjemahan Al-Quran Bahasa Melayu”,
PRICE CONTROL AND ANTI-PROFITEERING “The Quran Modern English Translation” by Abdullah
Yusuf Ali, “Terjemahan Al Quran Bahasa Melayu” and
(DETERMINATION OF MAXIMUM RETAIL PRICE “Translation of the Quran” by Abdullah Yusuf Ali are
FOR PETROL AND DIESEL) (NO. 39) ORDER 2017 absolutely prohibited throughout Malaysia.
Issued under s.4, Price Control and Anti-Profiteering w.e.f: 2
 9.9.2017
Act 2011
Notes: R
 evokes the Price Control and Anti-Profiteering
(Determination of Maximum Retail Price for Petrol PRINTING PRESSES AND PUBLICATIONS 278/2017
and Diesel) (No. 38) Order 2017, [P.U.(A) 402/2017] ACT 1984 [ACT 301]
w.e.f: 2
 8.12.2017 PRINTING PRESSES AND PUBLICATIONS
(CONTROL OF UNDESIRABLE PUBLICATIONS)
(NO.27) ORDER 2017
PRICE CONTROL AND ANTI-PROFITEERING 388/2017 Issued under s.7(1), Printing Presses and Publications
ACT 2011 [ACT 723] Act 1984
PRICE CONTROL AND ANTI-PROFITEERING Notes: T
 he printing, importation, production, reproduction,
(PRESCRIBED BUSINESS) REGULATIONS 2017 publishing, sale, issue, circulation, distribution or
possession of “Tantra: The Search For Ecstasy”
Issued under ss.10B,60, Price Control and by Indra Sinha is absolutely prohibited throughout
Anti-Profiteering Act 2011 Malaysia.
w.e.f: 1
 .1.2018 w.e.f: 2
 9.9.2017

PRICE CONTROL AND ANTI-PROFITEERING 314/2017 PRINTING PRESSES AND PUBLICATIONS 279/2017
ACT 2011 [ACT 723] ACT 1984 [ACT 301]
PRICE CONTROL AND ANTI-PROFITEERING PRINTING PRESSES AND PUBLICATIONS
(PRICE MARKING OF PRICE-CONTROLLED (CONTROL OF UNDESIRABLE PUBLICATIONS)
GOODS) (NO. 6) ORDER 2017 (NO.28) ORDER 2017
Issued under s.10, Price Control and Anti-Profiteering Issued under s.7(1), Printing Presses and Publications
Act 2011 Act 1984
w.e.f: 1
 3.10.2017-22.10.2017 Notes: The printing, importation, production, reproduction,
publishing, sale, issue, circulation, distribution or
possession of “AKU______, MAKA AKU ADA” by
Faisal Tehrani is absolutely prohibited throughout
PRICE CONTROL AND ANTI-PROFITEERING 406/2017 Malaysia.
ACT 2011 [ACT 723] w.e.f: 2
 9.9.2017
PRICE CONTROL AND ANTI-PROFITEERING
(PRICE MARKING OF PRICE-CONTROLLED
PRINTING PRESSES AND PUBLICATIONS 280/2017
GOODS) (NO. 7) ORDER 2017 ACT 1984 [ACT 301]
Issued under s.10, Price Control and Anti-profiteering PRINTING PRESSES AND PUBLICATIONS
Act 2011
(CONTROL OF UNDESIRABLE PUBLICATIONS)
w.e.f: 2
 3.12.2017 - 27.12.2017
(NO.29) ORDER 2017
Issued under s.7(1), Printing Presses and Publications
Act 1984
Notes: T
 he printing, importation, production, reproduction,
publishing, sale, issue, circulation, distribution
or possession of “Sekitar Masalah Thariqat
(Naqsyabandiyah)” by Drs. H. Imron Abu Amar, “Meniti
Jalan Hidayah Menuju Toriqah Khotmul – Auliya” by
Sayidi Ahmad Al-Hadi Al-Hasani Al-Maghribi/ Ust
Mohd Bakri At-Tijany are absolutely prohibited
throughout Malaysia.
w.e.f: 2
 9.9.2017

110 JAN–MAR 2018

 UPDATES / NOTICES
LIBRARY UPDATE

TITLE P.U.(A) NO TITLE P.U.(A) NO

PRINTING PRESSES AND PUBLICATIONS 299/2017

PRINTING PRESSES AND PUBLICATIONS 281/2017 ACT 1984 [ACT 301]
ACT 1984 [ACT 301]
PRINTING PRESSES AND PUBLICATIONS
PRINTING PRESSES AND PUBLICATIONS
(CONTROL OF UNDESIRABLE PUBLICATIONS)
(CONTROL OF UNDESIRABLE PUBLICATIONS)
(NO.34) ORDER 2017
(NO.30) ORDER 2017
Issued under s.7(1), Printing Presses and Publications
Issued under s.7(1), Printing Presses and Publications Act 1984
Act 1984
Notes: T
 he printing, importation, production, reproduction,
Notes: T
 he printing, importation, production, reproduction, publishing, sale, issue, circulation, distribution or
publishing, sale, issue, circulation, distribution or possession of “Sapuman: Man Of Steal” by Wan
possession of “Islam Dan Iman: Aturan-Aturan Pokok” M Deebee (Zunar) is absolutely prohibited throughout
by Dr.Muhammad Syahrur/Sabrur R. Soenardi and Malaysia.
“Islam Kemodernan dan Keindonesiaan” by Nurcholish
Madjid/ Agus Edi Santoso are absolutely prohibited w.e.f: 4
 .10.2017
throughout Malaysia.
w.e.f: 2
 9.9.2017 PRINTING PRESSES AND PUBLICATIONS 391/2017
ACT 1984 [ACT 301]
PRINTING PRESSES AND PUBLICATIONS
PRINTING PRESSES AND PUBLICATIONS 282/2017 (CONTROL OF UNDESIRABLE PUBLICATIONS)
ACT 1984 [ACT 301] (NO. 35) ORDER 2017
PRINTING PRESSES AND PUBLICATIONS Issued under s.7(1), Printing Presses and Publications
(CONTROL OF UNDESIRABLE PUBLICATIONS) Act 1984
(NO.31) ORDER 2017 Notes: T
 he printing, importation, production, reproduction,
publishing, sale, issue, circulation, distribution or
Issued under s.7(1), Printing Presses and Publications possession of “25 Kisah Mukjizat Rasulullah” by Nurul
Act 1984 Asmayani and “Meneladani Rasulullah & Cerita Lain”
Notes: T
 he printing, importation, production, reproduction, by Dewi Mulyani are absolutely prohibited throughout
publishing, sale, issue, circulation, distribution or Malaysia
possession of “Islam Tanpa Keekstreman: Berhujah w.e.f: 2
 0.12.2017
Untuk Kebebasan” by Mustafa Akyol/Nur Asyhraff
Mohd Noor/ Shuhaib Ar Rumy Ismail & Ahmad Farouk
Musa and “Islam Without Extremes: A Muslim Case PRINTING PRESSES AND PUBLICATIONS 392/2017
For Liberty” by Mustafa Akyol are absolutely prohibited ACT 1984 [ACT 301]
throughout Malaysia.
PRINTING PRESSES AND PUBLICATIONS
w.e.f: 2
 9.9.2017 (CONTROL OF UNDESIRABLE PUBLICATIONS)
(NO. 36) ORDER 2017
Issued under s.7(1), Printing Presses and Publications
PRINTING PRESSES AND PUBLICATIONS 283/2017
Act 1984
ACT 1984 [ACT 301]
Notes: T
 he printing, importation, production, reproduction,
PRINTING PRESSES AND PUBLICATIONS publishing, sale, issue, circulation, distribution or
(CONTROL OF UNDESIRABLE PUBLICATIONS) possession of “Intense Pleasure” by Lora Leigh is
(NO.32) ORDER 2017 absolutely prohibited throughout Malaysia
w.e.f: 2
 0.12.2017
Issued under s.7(1), Printing Presses and Publications
Act 1984
PRINTING PRESSES AND PUBLICATIONS 393/2017
Notes: T
 he printing, importation, production, reproduction,
publishing, sale, issue, circulation, distribution or ACT 1984 [ACT 301]
possession of “Wacana Pemikiran Reformis (Jilid I)” by PRINTING PRESSES AND PUBLICATIONS
Ahmad Farouk Musa and “Wacana Pemikiran Reformis (CONTROL OF UNDESIRABLE PUBLICATIONS)
(Jilid II)” by Ahmad Farouk Musa are absolutely
prohibited throughout Malaysia. (NO. 37) ORDER 2017
w.e.f: 2
 9.9.2017 Issued under s.7(1), Printing Presses and Publications
Act 1984
Notes: T
 he printing, importation, production, reproduction,
PRINTING PRESSES AND PUBLICATIONS 284/2017 publishing, sale, issue, circulation, distribution or
possession of “Qun Jiao Wang Shi”, “36F Da Bo Mei
ACT 1984 [ACT 301] De You Huo” and “Gou Nan Nv No.2” are absolutely
PRINTING PRESSES AND PUBLICATIONS prohibited throughout Malaysia
(CONTROL OF UNDESIRABLE PUBLICATIONS) w.e.f: 2
 0.12.2017
(NO.33) ORDER 2017
Issued under s.7(1), Printing Presses and Publications PRINTING PRESSES AND PUBLICATIONS 394/2017
Act 1984 ACT 1984 [ACT 301]
Notes: T
 he printing, importation, production, reproduction, PRINTING PRESSES AND PUBLICATIONS
publishing, sale, issue, circulation, distribution or (CONTROL OF UNDESIRABLE PUBLICATIONS)
possession of “Ulama Yang Bukan Pewaris Nabi” by (NO. 38) ORDER 2017
Wan Ji Wan Hussin is absolutely prohibited throughout
Malaysia. Issued under s.7(1), Printing Presses and Publications
w.e.f: 2
 9.9.2017 Act 1984
Notes: T
 he printing, importation, production, reproduction,
publishing, sale, issue, circulation, distribution or
possession of “Antithesis” by Benz Ali is absolutely
prohibited throughout Malaysia.
w.e.f: 2
 0.12.2017

JAN–MAR 2018 111

UPDATES / NOTICES
Library Update

TITLE P.U.(A) NO TITLE P.U.(A) NO

PRINTING PRESSES AND PUBLICATIONS 399/2017

PRINTING PRESSES AND PUBLICATIONS 395/2017
ACT 1984 [ACT 301]
ACT 1984 [ACT 301]
PRINTING PRESSES AND PUBLICATIONS
PRINTING PRESSES AND PUBLICATIONS
(CONTROL OF UNDESIRABLE PUBLICATIONS)
(CONTROL OF UNDESIRABLE PUBLICATIONS)
(NO. 39) ORDER 2017 (NO. 43) ORDER 2017
Issued under s.7(1), Printing Presses and Publications Issued under s.7(1), Printing Presses and Publications
Act 1984 Act 1984
Notes: T
 he printing, importation, production, reproduction, Notes: T
 he printing, importation, production, reproduction,
publishing, sale, issue, circulation, distribution or publishing, sale, issue, circulation, distribution or
possession of “Assalamualaikum (May Peace Be possession of “Agama Masa Depan: Perspektif
Upon You): Observations On The Islamisation” by Zaid Filsafat Perennial” by Komaruddin Hidayat Muhamad
Ibrahim is absolutely prohibited throughout Malaysia Wahyuni Nafis is absolutely prohibited throughout
Malaysia
w.e.f: 2
 0.12.2017
w.e.f: 2
 0.12.2017

PRINTING PRESSES AND PUBLICATIONS 396/2017 PRINTING PRESSES AND PUBLICATIONS 400/2017
ACT 1984 [ACT 301] ACT 1984 [ACT 301]
PRINTING PRESSES AND PUBLICATIONS PRINTING PRESSES AND PUBLICATIONS
(CONTROL OF UNDESIRABLE PUBLICATIONS) (CONTROL OF UNDESIRABLE PUBLICATIONS)
(NO. 40) ORDER 2017 (NO. 44) ORDER 2017
Issued under s.7(1), Printing Presses and Publications Issued under s.7(1), Printing Presses and Publications
Act 1984 Act 1984
Notes: T
 he printing, importation, production, reproduction, Notes: T
 he printing, importation, production, reproduction,
publishing, sale, issue, circulation, distribution or publishing, sale, issue, circulation, distribution or
possession of “It’s All About Muhammad: A Biography possession of “100 Keajaiban Di Dunia” by Muhammad
Of The World’s Most Notorious Prophet” by F.W. Miqdad, “Amalan Mustajab & Murah Rezeki” by
Burleigh is absolutely prohibited throughout Malaysia Nurhafidz Abdullah, “Senjata & Pendinding Mukmin”
w.e.f: 2
 0.12.2017 by Idrus H. Alkaf, “Asma Ul Husna: Rahsia & Amalan
99 Nama Allah” by Syahrin Jasah and “Rahsia &
Kelebihan Kayu Kokka: Jenis Kayu Bahtera Nabi Nuh
AS – Tongkat Nabi Musa AS” by Fathur Rahman are
PRINTING PRESSES AND PUBLICATIONS 397/2017 absolutely prohibited throughout Malaysia.
ACT 1984 [ACT 301] w.e.f: 2
 0.12.2017
PRINTING PRESSES AND PUBLICATIONS
(CONTROL OF UNDESIRABLE PUBLICATIONS) PRINTING PRESSES AND PUBLICATIONS 401/2017
(NO. 41) ORDER 2017 ACT 1984 [ACT 301]
Issued under s.7(1), Printing Presses and Publications PRINTING PRESSES AND PUBLICATIONS
Act 1984 (CONTROL OF UNDESIRABLE PUBLICATIONS)
Notes: T
 he printing, importation, production, reproduction, (NO. 45) ORDER 2017
publishing, sale, issue, circulation, distribution or
possession of “Perjalanan Yang Cemerlang 1930– Issued under s.7(1), Printing Presses and Publications
1980” is absolutely prohibited throughout Malaysia Act 1984
w.e.f: 2
 0.12.2017 Notes: T
 he printing, importation, production, reproduction,
publishing, sale, issue, circulation, distribution or
possession of “Loaded (Issue 242 Jun 2014” is
absolutely prohibited throughout Malaysia.
PRINTING PRESSES AND PUBLICATIONS 398/2017 w.e.f: 2
 0.12.2017
ACT 1984 [ACT 301]
PRINTING PRESSES AND PUBLICATIONS PRIVATE HIGHER EDUCATIONAL INSTITUTIONS 362/2017
(CONTROL OF UNDESIRABLE PUBLICATIONS) ACT 1996 [ACT 555]
(NO. 42) ORDER 2017
PRIVATE HIGHER EDUCATIONAL INSTITUTIONS
Issued under s.7(1), Printing Presses and Publications (CHANGE OR ALTERATION IN RESPECT OF
Act 1984 COMPANY) REGULATIONS 2017
Notes: T
 he printing, importation, production, reproduction,
publishing, sale, issue, circulation, distribution or Issued under ss.15,88, Private Higher Educational
possession of “Warisan Ilmu Tok Kenali Kelantan: Institutions Act 1996
Hampir Tidak Kesampaian Berakhir Tiada Kesudahan”
by Mohd Yusof Che Wook /Hj. Shaari bin Hj. Mohd w.e.f: 2
 8.11.2017
Yusof, “Warisan Ilmu Tok Kenali Kelantan: Dimanakan
Ku Cari Ganti” by Mohd Yusof Che Wook / Hj. Shaari PRIVATE HIGHER EDUCATIONAL INSTITUTIONS 361/2017
bin Hj. Mohd Yusof, “Warisan Ilmu Tok Kenali Kelantan:
Jangan Sampai Terlihat Adanya Diri” by Mohd Yusof ACT 1996 [ACT 555]
Che Wook, “Warisan Ilmu Tok Kenali Kelantan: PRIVATE HIGHER EDUCATIONAL INSTITUTIONS
Pencarian Ilmu Dipenghujung Rasa” by Mohd Yusof
Che Wook/ Hj. Shaari bin Mohd Yusof are absolutely (COMPOUNDING OF OFFENCES) (AMENDMENT)
prohibited throughout Malaysia REGULATIONS 2017
w.e.f: 2
 0.12.2017 Issued under s.88, Private Higher Educational
Institutions Act 1996
Notes: A
 mends reg.4, Schs.1,2,3, Private Higher Educational
Institutions (Compounding of Offences) Regulations
1997, [P.U.(A) 548/1997]
w.e.f: 2
 8.11.2017

112 JAN–MAR 2018

 UPDATES / NOTICES
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TITLE P.U.(A) NO TITLE P.U.(A) NO

PRIVATE HIGHER EDUCATIONAL INSTITUTIONS 363/2017 ROAD TRANSPORT ACT 1987 [ACT 333] 332/2017
ACT 1996 [ACT 555] ROAD TRANSPORT (PROHIBITION OF USE OF
PRIVATE HIGHER EDUCATIONAL INSTITUTIONS ROAD) (FEDERAL ROADS) (NO. 6) ORDER 2017
(CONDUCTING COURSES OF STUDY) Issued under s.70, Road Transport Act 1987
(AMENDMENT) REGULATIONS 2017 w.e.f: 1
 .11.2017
Issued under s.88, Private Higher Educational
Institutions Act 1996 ROAD TRANSPORT ACT 1987 [ACT 333] 366/2017
Notes: A
 mends regs.3,4,5,6,7,8,8A,Schs.1,2,inserts new ROAD TRANSPORT (PROHIBITION OF USE OF
reg.6A, Private Higher Educational Institutions ROAD) (FEDERAL ROADS) (NO. 7) ORDER 2017
(Conducting Courses of Study) Regulations 1997,
[P.U.(A) 546/1997] Issued under s.70, Road Transport Act 1987
w.e.f: 2
 8.11.2017 w.e.f: 3
 0.11.2017

PRIVATE HIGHER EDUCATIONAL INSTITUTIONS 360/2017 ROAD TRANSPORT ACT 1987 [ACT 333] 316/2017
ACT 1996 [ACT 555] SPEED LIMIT (DUTA-ULU KELANG EXPRESSWAY
PRIVATE HIGHER EDUCATIONAL INSTITUTIONS PHASE 2 SRI DAMANSARA LINK) ORDER 2017
(PERMIT TO TEACH) (AMENDMENT) REGULATIONS Issued under s.69(2), Road Transport Act 1987
2017 w.e.f: 2
 3.10.2017
Issued under s.88, Private Higher Educational
Institutions Act 1996 ROAD TRANSPORT ACT 1987 [ACT 333] 271/2017
Notes: A
 mends regs.3,4,6,7,9,10,Schs.1,2, inserts new reg.11, SPEED LIMIT (DUTA-ULU KELANG EXPRESSWAY
deletes reg.8,Schs.3,4, Private Higher Educational PHASE 2 TUN RAZAK LINK) ORDER 2017
Institutions (Permit to Teach) Regulations 1997,
[P.U.(A) 547/1997] Issued under s.69(2), Road Transport Act 1987
w.e.f: 2
 8.11.2017 w.e.f: 2
 8.9.2017

SECURITIES COMMISSION MALAYSIA ACT 1993 357/2017

REGISTRATION OF PHARMACISTS ACT 1951 346/2017
[ACT 498]
[ACT 371]
SECURITIES COMMISSION MALAYSIA
REGISTRATION OF PHARMACISTS (AMENDMENT
(AMENDMENT OF SCHEDULE 2) ORDER 2017
OF FIRST SCHEDULE) ORDER 2017
Issued under s.159A, Securities Commission Malaysia
Issued under s.6(3), Registration of Pharmacists
Act 1993
Act 1951 Notes: A
 mends Sch.2, Securities Commission Malaysia
Notes: Amends Sch.1, Registration of Pharmacists Act 1951 Act 1993
w.e.f: 1
 5.11.2017 w.e.f: 2
 4.11.2017

ROAD TRANSPORT ACT 1987 [ACT 333] 248/2017 SECURITIES COMMISSION ACT 1993 [ACT 498] 448/2017
LOCAL SPEED LIMIT (FEDERAL ROADS) SECURITIES COMMISSION MALAYSIA (AUDIT
(WEST MALAYSIA) (AMENDMENT) ORDER 2017 OVERSIGHT BOARD) (FEES) REGULATIONS 2017
Issued under s.69(2), Road Transport Act 1987 Issued under s.159, Stamp Act 1949
Notes: A
 mends Sch.1, Local Speed Limit (Federal Roads) Notes: R
 evokes the Securities Commission (Audit Oversight
(West Malaysia) Order 1992, [P.U.(A) 462/1991] Board) (Fees) (No.2) Regulations 2010,
w.e.f: 3
 0.8.2017 [P.U.(A) 336/2010]
w.e.f: 2
 .1.2018
ROAD TRANSPORT ACT 1987 [ACT 333] 342/2017
STAMP ACT 1949 [ACT 378] 408/2017
LOCAL SPEED LIMIT (FEDERAL ROADS) (WEST
STAMP DUTY (EXEMPTION) (NO. 2) ORDER 2017
MALAYSIA) (AMENDMENT) (NO. 2) ORDER 2017
Issued under s. 80(1), Stamp Act 1949
Issued under s.69(2), Road Transport Act 1987
Notes: E
 xempts a contract note executed for the sale
Notes: A
 mends Sch.1, Local Speed Limit (Federal Roads) and purchase transaction of structured warrant
(West Malaysia) Order 1992, [P.U.(A) 462/1991] or exchange-traded fund approved by the
w.e.f: 1
 3.11.2017 Securities Commission Malaysia under the Capital
Markets and Services Act 2007 [Act 671] in Bursa
Malaysia Securities Berhad from stamp duty.
ROAD TRANSPORT ACT 1987 [ACT 333] 251/2017 The exemption referred to in subparagraph (1) shall
ROAD TRANSPORT (PROHIBITION OF USE OF apply to the contract note executed on or after 1 Jan
2018 but not later than 31 Dec 2020.
ROAD) (FEDERAL ROADS) (NO.4) ORDER 2017
w.e.f: 1
 .1.2018
Issued under s.70, Road Transport Act 1987
w.e.f: 3
 0.8.2017 STAMP ACT 1949 [ACT 378] 414/2017
STAMP DUTY (EXEMPTION) (NO. 5) 2013
ROAD TRANSPORT ACT 1987 [ACT 333] 270/2017 (AMENDMENT) ORDER 2017
ROAD TRANSPORT (PROHIBITION OF USE OF Issued under s. 80(1), Stamp Act 1949
ROAD) (FEDERAL ROADS) (NO.5) ORDER 2017 Notes: A
 mends para.3, Stamp Duty (Exemption) (No. 5)
Issued under s.70, Road Transport Act 1987 Order 2013, [P.U.(A) 91/2013]
w.e.f: 2
 8.9.2017 w.e.f: 2
 8.12.2017

JAN–MAR 2018 113

UPDATES / NOTICES

TITLE P.U.(A) NO TITLE P.U.(A) NO

STAMP ACT 1949 [ACT 378] 415/2017 TRADE DESCRIPTIONS ACT 2011 [ACT 730] 326/2017
STAMP DUTY (EXEMPTION) (NO. 6) 2013 TRADE DESCRIPTIONS (MARKING OF SAFETY
(AMENDMENT) ORDER 2017 GLASS FOR MOTOR VEHICLES) (AMENDMENT)
Issued under s. 80(1), Stamp Act 1949 ORDER 2017
Notes: A
 mends para.3, Stamp Duty (Exemption) (No. 6) Issued under para.29(1)(b), Trade Descriptions
Order 2013, [P.U.(A) 92/2013] Act 2011
w.e.f: 2
 8.12.2017 Notes: A
 mends paras.1,3, Trade Descriptions (Marking of
Safety Glass for Motor Vehicles) Order 2017,
[P.U.(A) 295/2017]
STRATA TITLES ACT 1985 [ACT 318] 368/2017
w.e.f: 2
 5.10.2017
STRATA TITLES (AMENDMENT OF FIFTH
SCHEDULE) ORDER 2017 UNIVERSITIES AND UNIVERSITY COLLEGES 296/2017
Issued under s.4A(4), Strata Titles Act 1985 ACT 1971 [ACT 30]
Notes: Amends Sch.5, Strata Titles Act 1985 UNIVERSITI TEKNOLOGI MALAYSIA (CAMPUS)
w.e.f: 1
 .1.2018 (PAGOH BRANCH) ORDER 2017
Issued under s.12(1), Universities and University
STREET, DRAINAGE AND BUILDING ACT 1974 347/2017 Colleges Act 1971
[ACT 133] w.e.f: 2
 .5.2017
EARTHWORKS (FEDERAL TERRITORY OF
PUTRAJAYA) BY-LAWS 2017 UNIVERSITIES AND UNIVERSITY COLLEGES 297/2017
ACT 1971 [ACT 30]
Issued under s.70A(17), Street, Drainage and Building
Act 1974 UNIVERSITI UTARA MALAYSIA (CAMPUS)
Notes: R
 evokes the Earthworks (Perbadanan Putrajaya) (KUALA LUMPUR BRANCH) ORDER 2017
By-Laws 1996, [Sel.P.U. 40/1996] Issued under s.12(1), Universities and University
w.e.f: 1
 5.11.2017 Colleges Act 1971
w.e.f: 1
 .6.2013
TABUNG ANGKATAN TENTERA ACT 1973 308/2017
[ACT 101] UNIVERSITIES AND UNIVERSITY COLLEGES 286/2017
ACT 1971 [ACT 30]
LEMBAGA TABUNG ANGKATAN TENTERA
OFFICERS (CONDUCT AND DISCIPLINE) UNIVERSITIES AND UNIVERSITY COLLEGES
(AMENDMENT) REGULATIONS 2017 (CONSTITUTION OF THE UNIVERSITI UTARA
MALAYSIA) (AMENDMENT) ORDER 2017
Issued under s.22A, Tabung Angkatan Tentera Act
1973 Issued under s.8(3), Universities and University
Notes: G
 eneral amendment: Amends regs.14,17,16,20,27,2 Colleges Act 1971
8,39,43,55,56 by substituting for the words “Head of Notes: G eneral Amendment: Amends in the national language
Division” the words “head of Department” wherever text, by substituting for the word “Bendahari” wherever
appearing. appearing the word “Bursar”, Constitution of the
Universiti Utara Malaysia, [P.U.(A) 152/1998]
Amends regs.3,4,16,18,23,26,27,31,33,34,headi
ng of Part V, regs.42,46,47,49,52,54,58,61,inser  Amends ss.2,6,12,13,14,15,16,17,18,19,20,21,22,
ts new reg.10A,Part IIIA(regs.29A-26D), deletes 23,24,29,30,31,32,33,34,43,48,50,52,53,56,68,Sch.
regs.29,35,36,37, Lembaga Tabung Angkatan Tentera Inserts new ss.12A,19A,20A,23A,24A,28A
Officers (Conduct and Discipline) Regulations 1996, Deletes ss.23A,57
[P.U.(A) 352/1996] w.e.f: 1
 .1.2008 – paras.3(b),9(a),15(a)(i),17,19,20,28(a),31,
w.e.f: 1
 1.10.2017 34,37(d)
1.2.2009 – paras.2,3(a),3(c),4,5,6,7(a),7(b),7(c),7(d),8,
9(b),9(c),10,11,12,13,14,15(a)(ii),15(a)(iii),
TOURISM TAX ACT 2017 [ACT 791] 260/2017 15(a)(iv),15(b),15(c),15(d),15(e),16,18,21,
TOURISM TAX (EXEMPTION) ORDER 2017 22,24,26,27,28(b),29,30,32,33,35,36,37(a),3
CORRIGENDUM 7(b), 37(c),37(e),37(f),37(g),37(h),37(i),
37(j),37(k),37(l),38,39,40,41
Notes: Corrigendum to [P.U.(A) 240/2017]
1.8.2012 – paras.7(e),7(f),9(d),23,25,42

TOWN AND COUNTRY PLANNING ACT 1976 341/2017 UNIVERSITIES AND UNIVERSITY COLLEGES 285/2017
[ACT 172] ACT 1971 [ACT 30]
TOWN AND COUNTRY PLANNING (DEVELOPMENT UNIVERSITIES AND UNIVERSITY COLLEGES
CHARGE) (FEDERAL TERRITORY OF PUTRAJAYA) (EXEMPTION FROM, VARIATION OF, AND ADDITION
RULES 2017 TO, THE CONSTITUTION) (UNIVERSITI UTARA
Issued under s.35, Town and Country Planning MALAYSIA) (AMENDMENT) ORDER 2017
Act 1976 Issued under para.26(b), Universities and University
w.e.f: 1
 5.11.2017 Colleges Act 1971
Notes: T
 he provisions of the Constitution as specified in
TRADE DESCRIPTIONS ACT 2011 [ACT 730] 295/2017 column (1) of the Schedule to this Order are varied for
the purpose of its application to the Constitution
TRADE DESCRIPTIONS (MARKING OF SAFETY of the Universiti Utara Malaysia by amending the
GLASS FOR MOTOR VEHICLES) ORDER 2017 Schedule to the Universities and University Colleges
(Exemption From, Variation Of, and Addition To, The
Issued under para.29(1)(b), Trade Descriptions Constitution) (Universiti Utara Malaysia) Order 1998,
Act 2011 [P.U.(A) 148/1998]
w.e.f: 1
 .5.2018 w.e.f: V
 arious dates

114 JAN–MAR 2018

 UPDATES / NOTICES
Library Update

LATEST INDEX TO SELECTED P.U.(B)

SERIES 2017
As at 31 Jan 2018

TITLE P.U.(A) NO TITLE P.U.(A) NO

ARMS ACT 1960 [ACT 206] 435/2017 COUNTERVAILING AND ANTI-DUMPING DUTIES 474/2017
NOTIFICATION UNDER SECTION 60 ACT 1993 [ACT 504]
Notes: E
 xempts Rex W. Tillerson, United States Secretary of NOTICE OF AFFIRMATIVE PRELIMINARY
State and his officials from the application DETERMINATION OF AN ANTI-DUMPING DUTY
a. o f subsection 3(2) of the Act in respect of arms INVESTIGATION WITH REGARD TO THE IMPORTS
and ammunition intended solely for the purpose
of the Secretary of State’s Official Working Visit to OF COLD ROLLED STAINLESS STEEL IN COILS,
Malaysia; and SHEETS OR ANY OTHER FORM ORIGINATING
b. o f paragraphs 5(1)(a) and (b) of the Act in respect OR EXPORTED FROM THE PEOPLE’S REPUBLIC
of arms and ammunition intended solely for the OF CHINA, THE REPUBLIC OF KOREA, CHINESE
purpose of the Secretary of State’s Official Working
Visit to Malaysia.This Notification is deemed to TAIPEI AND THE KINGDOM OF THAILAND
have effect for the period from 8 August 2017 to w.e.f: 12.10.2017
9 August 2017
w.e.f: 8.9.2017-9.9.2017
COUNTERVAILING AND ANTI-DUMPING DUTIES 434/2017
ACT 1993 [ACT 504]
ARMS ACT 1960 [ACT 206] 437/2017 NOTICE OF EXTENSION OF TIME PERIOD FOR
NOTIFICATION UNDER SECTION 60 MAKING PRELIMINARY DETERMINATION
Notes: E
 xempts the Special Troops of the United States Army
from the application- w.e.f: 9.9.2017
a. o f subsection 3(2) of the Act in respect of arms
and ammunition intended solely for the purpose of
training for the “Keris Strike 2017 by the Malaysian COUNTERVAILING AND ANTI-DUMPING DUTIES 477/2017
Armed Forces and the Special Troops of the United ACT 1993 [ACT 504]
States Army”; and
b. o f paragraphs 5(1)(a),(b),(c),(d) and (e) of the Act NOTICE OF IMPENDING TERMINATION OF
in respect of arms and ammunition intended solely THE IMPOSITION OF ANTI-DUMPING DUTIES
for the purpose of training for the “Keris Strike 2017 ON IMPORTS OF BIAXIALLY ORIENTED
by the Malaysian Armed Forces and the Special
Troops of the United States Army”.This Notification POLYPROPYLENE FILMS ORIGINATING OR
is deemed to have effect for the period from EXPORTED FROM THE REPUBLIC OF INDONESIA,
10 Jul 2017 to 20 Sept 2017 THE PEOPLE’S REPUBLIC OF CHINA, CHINESE
w.e.f: 10.7.2017-20.9.2017 TAIPEI, THE KINGDOM OF THAILAND AND THE
SOCIALIST REPUBLIC OF VIET NAM
w.e.f: 14.10.2017
BANKRUPTCY (AMENDMENT) ACT 2017 466/2017
[ACT A1534]
APPOINTMENT OF DATE OF COMING INTO COUNTERVAILING AND ANTI-DUMPING DUTIES 475/2017
OPERATION ACT 1993 [ACT 504]
Notes: 6
 Oct 2017 is appointed as the date of coming into NOTICE OF NEGATIVE PRELIMINARY
operation of the Bankruptcy (Amendment) Act2017
DETERMINATION OF AN ANTI-DUMPING DUTY
w.e.f: 6.10.2017
INVESTIGATION WITH REGARD TO THE IMPORTS
OF COLD ROLLED STAINLESS STEEL IN COILS,
CONSUMER PROTECTION (AMENDMENT) 569/2017 SHEETS OR ANY OTHER FORM ORIGINATING
ACT 2017 [ACT A1533] OR EXPORTED FROM THE PEOPLE’S REPUBLIC
OF CHINA, THE REPUBLIC OF KOREA, CHINESE
APPOINTMENT OF DATE OF COMING INTO
TAIPEI AND THE KINGDOM OF THAILAND
OPERATION
w.e.f: 12.10.2017
Notes: 1
 Jan 2018 is appointed as the date of coming
into operation of the Consumer Protection(Amendment)
Act 2017
w.e.f: 1.1.2018

JAN–MAR 2018 115

UPDATES / NOTICES

TITLE P.U.(A) NO TITLE P.U.(A) NO

FINANCE (NO. 2) ACT 2017 [ACT 801] 610/2017

COURTS OF JUDICATURE ACT 1964 [ACT 91] 518/2017
APPOINTMENT OF DATE OF COMING INTO
COURTS OF JUDICATURE (COURT OF APPEAL)
OPERATION
(VACATIONS) RULES 1994 [P.U.(A)539/1994]
Notes: 1
 Jan 2018 is appointed as the date of coming into
DECLARATION OF COMMENCEMENT AND operation on which sections 20, 21 and 23 of the
DURATION OF VACATIONS OF THE COURT OF Finance (No. 2) Act 2017 and 1 Oct 2018 is appointed
APPEAL as the date of coming into operation on which sections
22 of the Finance (No. 2) Act 2017
Notes: T
 he vacations of the Court of Appeal for the calendar
year 2018 shall be- w.e.f: 1.1.2018
a. from Monday, 4 Jun 2018 to Friday, 15 Jun 2018;
and FREE ZONES ACT 1990 [ACT 438] 440/2017
b. from Monday, 17 Dec 2018 to Monday, FREE ZONES (AMENDMENT) (NO. 2)
31 Dec 2018.
NOTIFICATION 2017
w.e.f: 26.10.2017
Notes: Amends Sch.1, Free Zones Act 1990
w.e.f: 15.9.2017
COURTS OF JUDICATURE ACT 1964 [ACT 91] 519/2017
LAND ACQUISITION (AMENDMENT) ACT 2016 564/2017
COURTS OF JUDICATURE (FEDERAL COURT)
[ACT A1517]
(VACATIONS) RULES 1996 [P.U.(A) 150/1996]
APPOINTMENT OF DATE OF COMING INTO
VACATIONS OF THE FEDERAL COURT
OPERATION
Notes: T
 he vacations of the Federal Court for the calendar
year 2018 shall be- Notes: 1
 Dec 2017 is appointed as the date of coming into
operation of the Land Acquisition (Amendment)
a. from Monday, 4 Jun 2018 to Friday, 15 Jun 2018;
Act 2016 except section 11.
and
b. from Monday, 17 Dec 2018 to Monday, w.e.f: 1.12.2017
31 Dec 2018.
w.e.f: 26.10.2017 LEGAL AID (AMENDMENT) ACT 2017 [ACT A1548] 562/2017
APPOINTMENT OF DATE OF COMING INTO
OPERATION
DOMESTIC VIOLENCE (AMENDMENT) ACT 2017 601/2017 Notes: 1
 Dec 2017 is appointed as the date of coming into
[ACT A1538] operation of the Legal Aid (Amendment) Act 2017
APPOINTMENT OF DATE OF COMING INTO w.e.f: 1.12.2017
OPERATION
Notes: 1
 Jan 2018 is appointed as the date of coming into LEMBAGA KEMAJUAN JOHOR TENGGARA 532/2017
operation of the Domestic Violence (Amendment) (AMENDMENT) ACT 2017 [ACT A1542]
Act 2017 APPOINTMENT OF DATE OF COMING INTO
w.e.f: 1.1.2018 OPERATION
Notes: 1
 5 Nov 2017 is appointed as the date of coming into
operation of the Lembaga Kemajuan Johor Tenggara
EMPLOYEES PROVIDENT FUND (AMENDMENT) 604/2017 (Amendment) Act 2017
ACT 2016 [ACT A1504] w.e.f: 15.11.2017
APPOINTMENT OF DATE OF COMING INTO
OPERATION LEMBAGA KEMAJUAN KELANTAN SELATAN 533/2017
Notes: 1
 Jan 2018 is appointed as the date of coming (AMENDMENT) ACT 2017 [ACT A1543]
into operation on which sections 14 and 22 of the APPOINTMENT OF DATE OF COMING INTO
Employees Provident Fund (Amendment) Act 2016
OPERATION
w.e.f: 1.1.2018
Notes: 1
 5 Nov 2017 is appointed as the date of coming into
operation of the Lembaga Kemajuan Kelantan Selatan
(Amendment) Act 2017
EMPLOYMENT INSURANCE SYSTEM ACT 2017 606/2017 w.e.f: 15.11.2017
[ACT 800]
APPOINTMENT OF DATE OF COMING INTO LEMBAGA KEMAJUAN TERENGGANU TENGAH 530/2017
OPERATION (AMENDMENT) ACT 2017 [ACT A1540]
Notes: 1
 Jan 2018 is appointed as the date of coming into APPOINTMENT OF DATE OF COMING INTO
operation of the Employment Insurance System
Act 2017 OPERATION
Notes: 1
 5 Nov 2017 is appointed as the date of coming into
w.e.f: 1.1.2018
operation of the Lembaga Kemajuan Terengganu
Tengah (Amendment) Act 2017.
w.e.f: 15.11.2017
EMBLEMS AND NAMES (PREVENTION OF 508/2017
IMPROPER USE) (AMENDMENT) ACT 2017
LEMBAGA KEMAJUAN WILAYAH KEDAH 531/2017
[ACT A1525]
(AMENDMENT) ACT 2017 [ACT A1541]
APPOINTMENT OF DATE OF COMING INTO
APPOINTMENT OF DATE OF COMING INTO
OPERATION
OPERATION
Notes: 2
 5 Oct 2017 is appointed as the date of coming into
operation of the Emblems and Names (Prevention Notes: 1
 5 Nov 2017 is appointed as the date of coming into
of Improper Use) (Amendment) Act 2017 operation of the Lembaga Kemajuan Wilayah Kedah
(Amendment) Act 2017
w.e.f: 25.10.2017
w.e.f: 15.11.2017

116 JAN–MAR 2018

 UPDATES / NOTICES
Library Update

TITLE P.U.(A) NO TITLE P.U.(A) NO

MALAYSIAN BORDER SECURITY AGENCY 595/2017 PRICE CONTROL AND ANTI-PROFITEERING 586/2017
ACT 2017 [ACT 799] (AMENDMENT) ACT 2017 [ACT A1544]
APPOINTMENT OF DATE OF COMING INTO APPOINTMENT OF DATE OF COMING INTO
OPERATION OPERATION
Notes: 2
 9 Dec 2017 is appointed as the date of coming into Notes: 1
 Jan 2018 is appointed as the date of coming into
operation of the Malaysian Border Security Agency operation of the Price Control and Anti-Profiteering
Act 2017 (Amendment) Act 2017
w.e.f: 29.12.2017 w.e.f: 1.1.2018

NATIONAL FORESTRY ACT 1984 [ACT 313] 609/2017 PRISON ACT 1995 [ACT 537] 420/2017
APPOINTMENT OF DATE OF COMING INTO APPOINTMENT OF LOCK-UP TO BE A PLACE OF
OPERATION CONFINEMENT
Notes: T
 he Lock-up at the Temerloh District Police
Notes: 1
 Jan 2018 is appointed as the date of coming into
Headquarters, Pahang to be a place for the
operation of the National Forestry Act 1984 in the
confinement of persons remanded under the
Federal Territory of Putrajaya.
Prevention of Crime Act 1959 [Act 297] and the
w.e.f: 1.1.2018 Prevention of Terrorism Act 2015 [Act 769]
w.e.f: 24.8.2017
NATIONAL LAND CODE (AMENDMENT) ACT 2016 426/2017
[ACT A1516] PRISON ACT 1995 [ACT 537] 478/2017
APPOINTMENT OF DATE OF COMING INTO MALAYSIAN ANTI-CORRUPTION COMMISSION ACT
OPERATION 2009 [ACT 694] APPOINTMENT OF LOCK-UP TO BE
Notes: 3
 0 Aug 2017 is appointed as the date of coming into A PLACE OF CONFINEMENT
operation on which sections 35,45,48,49, and 56 of Notes: T
 he Lock-up at the Malaysian Anti-Corruption
the National Land Code (Amendment) Act 2016 in the Commission Headquarters, Precint 7, Putrajaya to
Federal Territory of Kuala Lumpur, the Federal Territory be a place for the confinement of persons, remanded
of Putrajaya, the Federal Territory of Labuan. or sentenced to such terms of imprisonment, not
w.e.f: 30.8.2017 exceeding one month.
w.e.f: 17.10.2017
NATIONAL LAND CODE (AMENDMENT) ACT 2016 427/2017
[ACT A1516] PRISON ACT 1995 [ACT 537] 544/2017
APPOINTMENT OF DATE OF COMING INTO APPOINTMENT OF LOCK-UP TO BE A PLACE OF
OPERATION CONFINEMENT
Notes: 3
 0 Aug 2017 is appointed as the date of coming into Notes: T
 he Lock-up at the Bandar Dato’ Onn Police Station,
operation on which sections 35,45,48,49, and 56 of Johor Bahru to be a place for the confinement of
the National Land Code (Amendment) Act 2016 in the persons, remanded or sentenced to such terms of
States of Johore, Kedah, Kelantan, Melaka, Negeri imprisonment, not exceeding one month.
Sembilan, Pahang, Penang, Perak, Perlis, Selangor w.e.f: 23.11.2017
and Terengganu
w.e.f: 30.8.2017
PRISON ACT 1995 [ACT 537] 545/2017
APPOINTMENT OF LOCK-UP TO BE A PLACE OF
OFFENCES RELATING TO AWARDS ACT 2017 509/2017 CONFINEMENT
[ACT 787] Notes: T
 he Lock-up at the Bandar Dato’ Onn Police Station,
APPOINTMENT OF DATE OF COMING INTO Johor Bahru to be a place for the confinement of
OPERATION persons remanded under the Prevention of Crime Act
1959 [Act 297] and the Prevention of Terrorism Act
Notes: 2
 5 Oct 2017 is appointed as the date of coming into 2015 [Act 769]
operation of the Offences relating to Awards Act 2017
w.e.f: 23.11.2017
w.e.f: 25.10.2017

PRISON ACT 1995 [ACT 537] 590/2017

PINEAPPLE INDUSTRY ACT 1957 [ACT 427] 582/2017 APPOINTMENT OF LOCK-UP TO BE A PLACE OF
PERIOD OF APPLICATION FOR PLANTING GRANT CONFINEMENT
AND REPLANTING GRANT Notes: T
 he Lock-up at the Kuala Lumpur Police Contingent
Notes: T
 he Board appoints the period of application for a Headquarters, Kuala Lumpur to be a place for the
planting grant and replanting grant for year 2018 is confinement of persons, remanded or sentenced to
1 Oct 2017 to 31 Mar 2018. such terms of imprisonment, not exceeding one month.
w.e.f: 1.10.2017-31.3.2018 w.e.f: 21.12.2017

PREVENTION OF CRIME (AMENDMENT) ACT 2017 577/2017 PRISON ACT 1995 [ACT 537] 591/2017
[ACT A1549] APPOINTMENT OF LOCK-UP TO BE A PLACE OF
APPOINTMENT OF DATE OF COMING INTO CONFINEMENT
OPERATION Notes: T
 he Lock-up at the Kuala Lumpur Police Contingent
Headquarters, Kuala Lumpur to be a place for
Notes: 1
 5 Dec 2017 is appointed as the date of coming into the confinement of persons remanded under the
operation of the Prevention of Crime (Amendment) Prevention of Crime Act 1959 [Act 297] and the
Act 2017 Prevention of Terrorism Act 2015 [Act 769]
w.e.f: 15.12.2017 w.e.f: 21.12.2017

JAN–MAR 2018 117

UPDATES / NOTICES

TITLE P.U.(A) NO TITLE P.U.(A) NO

PRISON ACT 1995 [ACT 537] 592/2017 STRATA TITLES (AMENDMENT) ACT 2016 560/2017
APPOINTMENT OF LOCK-UP TO BE A PLACE OF [ACT A1518]
CONFINEMENT APPOINTMENT OF DATE OF COMING INTO
Notes: T
 he Lock-up at the District of Sipitang Police OPERATION
Headquarters, Sabah to be a place for the confinement Notes: 1
 Jan 2018 is appointed as the date of coming
of persons, remanded or sentenced to such terms of into operation for section 29 of the Strata Titles
imprisonment, not exceeding one month. (Amendment) Act 2016 in the States of Johore,
w.e.f: 21.12.2017 Kedah, Kelantan, Melaka, Negeri Sembilan, Pahang,
Penang, Perak, Perlis, Selangor and Terengganu
w.e.f: 1.1.2018
PRISON ACT 1995 [ACT 537] 593/2017
APPOINTMENT OF LOCK-UP TO BE A PLACE OF
STRATA TITLES (AMENDMENT) ACT 2016 561/2017
CONFINEMENT
[ACT A1518]
Notes: T
 he Lock-up at the District of Sipitang Police
Headquarters, Sabah to be a place for the confinement APPOINTMENT OF DATE OF COMING INTO
of persons remanded under the Prevention of Crime OPERATION
Act 1959 [Act 297] and the Prevention of Terrorism Notes: 1
 Jan 2018 is appointed as the date of coming
Act 2015 [Act 769] into operation for section 29 of the Strata Title
w.e.f: 21.12.2017 (Amendment) Act 2016 in the Federal Territory of
Kuala Lumpur, the Federal Territory of Putrajaya, the
Federal Territory of Labuan
PRIVATE HIGHER EDUCATIONAL INSTITUTIONS 548/2017 w.e.f: 1.1.2018
(AMENDMENT) ACT 2017 [ACT A1535]
APPOINTMENT OF DATE OF COMING INTO
STRATEGIC TRADE (AMENDMENT) ACT 2017 433/2017
OPERATION
[ACT A1537]
Notes: 2
 8 Nov 2017 is appointed as the date of coming into
operation of the Private Higher Educational Institutions APPOINTMENT OF DATE OF COMING INTO
(Amendment) Act 2017 OPERATION
w.e.f: 28.11.2017 Notes: 8
 Sept 2017 is appointed as the date of coming into
operation of the Strategic Trade (Amendment) Act 2017
w.e.f: 8.9.2017
SECURITIES COMMISSION MALAYSIA 547/2017
(AMENDMENT) ACT 2017 [ACT A1539]
APPOINTMENT OF DATE OF COMING INTO TABUNG ANGKATAN TENTERA (AMENDMENT) 521/2017
OPERATION ACT 2017 [ACT A1547]
Notes: 2
 4 Nov 2017 is appointed as the date of coming into APPOINTMENT OF DATE OF COMING INTO
operation of the Securities Commission Malaysia OPERATION
(Amendment) Act 2017 Notes: 1
 Nov 2017 is appointed as the date of coming
w.e.f: 24.11.2017 into operation of the Tabung Angkatan Tentera
(Amendment) Act 2017
w.e.f: 1.11.2017
STRATA MANAGEMENT ACT 2013 [ACT 757] 425/2017
APPOINTMENT OF OFFICERS UNDER
SUBSECTION 4(1) FOR THE FEDERAL TERRITORY TRADE DESCRIPTIONS (AMENDMENT) ACT 2017 587/2017
OF KUALA LUMPUR [ACT A1545]
Notes: A
 ppoints the officers named in the Schedule for APPOINTMENT OF DATE OF COMING INTO
the purposes of administering and carrying out the OPERATION
provisions of the Act for the Federal Territory of Kuala Notes: 1
 Jan 2018 is appointed as the date of coming into
Lumpur with effect from 1 Mar 2017. operation of the Trade Descriptions (Amendment)
w.e.f: 1.3.2017 Act 2017
w.e.f: 1.1.2018

STRATA TITLES ACT 1985 [ACT 318] 611/2017

REVOCATION OF APPOINTMENT DATE OF VALUERS, APPRAISERS AND ESTATE AGENTS 605/2017
COMING INTO OPERATION OF RENT OF PARCEL (AMENDMENT) ACT 2017 [ACT A1550]
OR PROVISIONAL BLOCK IN THE STATES OF APPOINTMENT OF DATE OF COMING INTO
PENANG AND MELAKA, AND THE FEDERAL OPERATION
TERRITORY OF KUALA LUMPUR Notes: 2
 Jan 2018 is appointed as the date of coming into
Notes: R
 evokes 1 Jan 2018 as the date of coming into operation of the Valuers, Appraisers and Estate Agents
operation of rent of parcel or provisional block in (Amendment) Act 2017
the States of Penang and Melaka, and the Federal w.e.f: 2.1.2018
Territory of Kuala Lumpur as appointed in P.U.(B)
174/2017 published in the Gazette on 31 Mar 2017
w.e.f: 1.1.2018

118 JAN–MAR 2018

NEW BOOKS
Chan, Wai Meng. Essential Company Law in Malaysia: Navigating Sundra Rajoo. Law, Practice and Procedure of Arbitration. 2nd ed.
the Companies Act 2016. Subang Jaya: Sweet & Maxwell, 2017. Petaling Jaya: LexisNexis, 2017.

Foong, James. Malaysian Judiciary: A Record. Petaling Jaya: Tan, Kevin Y. L. Fiat Justitia: Fifty Years of the Law Society
LexisNexis, 2018. of Singapore. Singapore: The Law Society of Singapore, 2017.

Kavaljit Singh & Burghard Ilge [Ed.]. Rethinking Bilateral Willis, Michael J. Management Corporations in Malaysia: Owning
Investment Treaties: Critical Issues and Policy Choices. Strata-titled Property under Malaysia’s Strata Management
Both Ends: Amsterdam; Madhyam: New Delhi, 2016. Act 2013. 2nd ed. Subang Jaya: Sweet & Maxwell, 2017.

Khaw, Lake Tee & Tay Pek San. Khaw On Copyright Law in Malaysia.
4th ed. Petaling Jaya: LexisNexis, 2017.

Kok, SY. Housing Development Law. Subang: Sweet & Maxwell, 2017.

Kuala Lumpur Regional Centre for Arbitration. The Standard Form

of Building Contracts. Kuala Lumpur: Kuala Lumpur Regional Centre
for Arbitration, 2017.

Kuala Lumpur Regional Centre for Arbitration. The Standard

Form of Building Contracts [With Quantities]. Kuala Lumpur:
Kuala Lumpur Regional Centre for Arbitration, 2017.

Kuala Lumpur Regional Centre for Arbitration. The Standard

Form of Building Contracts [Without Quantities]. Kuala Lumpur:
Kuala Lumpur Regional Centre for Arbitration, 2017.

Kuala Lumpur Regional Centre for Arbitration. The Standard Form

of Building Sub-Contracts. Kuala Lumpur: Kuala Lumpur Regional
Centre for Arbitration, 2017.

Kuala Lumpur Regional Centre for Arbitration. The Standard Form

of Minor Works Building Contracts. Kuala Lumpur: Kuala Lumpur
Regional Centre for Arbitration, 2017.

Nallini Pathmanathan [Ed.]. Bullen & Leake & Jacob’s Malaysian

Precedents of Pleadings. Subang Jaya: Sweet & Maxwell, 2017.

Malaysian Civil Procedure 2018. Subang Jaya: Sweet & Maxwell,

2018.

Malaysian Code on Corporate Governance 2017. Subang Jaya:

Sweet & Maxwell, 2017.

Malaysian Court Practice: Rules of Court 2012. Petaling Jaya:

LexisNexis, 2017.

Nahendran Navaratnam. The Trial Lawyer’s Companion: A Manual

for Civil Trial Practice in Malaysia. Subang Jaya: Sweet & Maxwell,
2017.

Paulian, Shaun. Comparative Review of Malaysian Statutes:

Companies Act 1965 (Act 125) & Companies Act 2016 (Act 777).
Petaling Jaya: LexisNexis, 2017.

Rais Yatim, Tan Sri Dato’ Seri Utama Dr. What is so Common about
the Common law?: towards the creation pf the Malaysian Rule of
law system. Gombak: International Islamic University Malaysia, 2017.

Sundra Rajoo. A Practical Guide to Statutory Adjudication in

Malaysia. Kuala Lumpur: Guala Lumpur Regional Centre for
Arbitration, 2017.

JAN-MAR 2018 119

We’re Looking for Writers
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think needs closer examination?.

We Want to Hear from You

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us to find out how you can share your point of view.

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areas of practice:
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For more information, contact us at: praxis@malaysianbar.org.my
JAN–MAR
I 2018
JAN–MAR 2018

The past, l
ike the futu
indefinite a re, is
nd exists o
a spectrum nly as
of possibili
ties.
Stephen H
awking