Legal News



Legal Highlights (15 May 2017 – 19 May 2017)   

Amendment To Employment Act 1955 The proposed amendment to the Employment Act 1955 is expected to be tabled in Parliament in January 2018. The amendments, among others, include the mandating employers to provide accommodation facilities for foreign workers.
(Source: BERNAMA) 

BNM: Strengthened Transparency Framework The Central Bank of Malaysia, Bank Negara Malaysia, is expected to unveil a strengthened transparency framework (“the Framework”) on 1 January 2017. The introduction of the Framework is aimed at preventing misconducts in the banking industry.
(Source: BERNAMA) 

Widow gets SOCSO pension A widow, who married her deceased husband by way of a Chinese customary marriage without registering her marriage under the civil law, is recognised as a surviving widow. The High Court, in a landmark ruling, decided that she fell within the meaning of “dependent” under the Employees’ Social Security Act 1969 (“the Act”) as the widow of her late common law husband. Hence, she is entitled to the survivors’ pension under the Act.
(Source: THE STAR) 

Singapore: New legal test to determine negligence of doctor The Singaporean Court of Appeal (“the Court”) in Hii Chii Kok v Ooi Peng Jin London Licien and another, has adopted a new legal test in determining negligence of a doctor in dispensing medical advice. The Court departed from the Bolam test which considers the common practice of doctors, and instead adopted a modified Montgomery test, which looks at whether a patient has been given useful and relevant medical information. The Montgomery test, first adopted in the United Kingdom in 2015, is modified by the Singaporean Court where a three-stage inquiry is included to determine if a doctor has fulfilled his duty of care to a patient.

UK: Nestle failed to trademark shape of Kitkat The Court of Appeal in London has ruled against Nestle’s attempt to trademark the shape of the four-fingered Kitkat in the United Kingdom, despite it already registered as trademark in other countries. Nestle argued that the shape of its famous four-fingered chocolate bar was unique and well known by consumers, hence, should be protected by law.
(Source: BBC)